Terms of Service

Welcome to Fitsly.com (the "Site"), hosted by Fitsly ("Fitsly," "we," "us," and/or "our"). In these Terms of Service, references to the "website" include the Site, our mobile applications, desktop applications, web apps, and any other platforms owned or operated by Fitsly. By using our website, you agree to comply with and be bound by the following terms and conditions ("Terms of Service" or "TOS"). Please review them carefully. If you do not agree to these terms, you should not use our website.

Acceptance of Terms

Before you explore and benefit from our offerings, we want to ensure that you fully understand and agree to our Terms of Service.

By accessing or using our website, you signify your consent to be bound by these Terms of Service. This agreement is a fundamental aspect of your interaction with Fitsly. We encourage you to read these terms carefully, as they outline the rules and guidelines governing your use of our platform.

If, for any reason, you do not agree with any part of these terms, we kindly request that you refrain from using our services. Your use of our platform is contingent upon your acceptance and adherence to these terms, which are designed to ensure a safe, enjoyable, and productive experience for all users.

Should you have any questions or require clarifications about any aspect of these Terms of Service or our Privacy Policy, please feel free to reach out to us at legal@fitsly.com. We are here to assist you and provide the information you need to make informed decisions about your engagement with Fitsly.

Thank you for choosing Fitsly as your partner in your health and fitness journey. Your well-being is our priority, and we look forward to serving you responsibly and effectively.

Changes to Terms

At Fitsly, we are committed to keeping you informed about any changes to our Terms of Service. We understand the importance of transparency and clarity in our relationship with you. Please take a moment to review this section carefully.

Changes to these Terms: Fitsly reserves the right to modify or revise these Terms of Service at any time. These changes will become effective immediately upon posting on our website. We value your continued trust and engagement with Fitsly, and we will make every effort to communicate significant changes to you.

Notice of Significant Changes: While we will endeavor to notify you of significant changes, it is ultimately your responsibility to regularly check our Terms of Service for updates. We encourage you to do so to stay informed about any modifications that may affect your use of our platform.

Notification Methods: We may notify you of significant changes through various methods, including but not limited to email, platform notifications, or prominently displaying a notice on our website. Please ensure that your contact information, including your email address, is up-to-date to receive important notifications.

Your Continued Use: Your continued use of our website following any such changes signifies your acceptance of the updated Terms of Service. If you do not agree with the changes, please refrain from using our services.

We value your trust and understanding as we work to improve and enhance your experience with Fitsly. If you have any questions or concerns about these Terms of Service or any changes made to them, please don't hesitate to reach out to us at legal@fitsly.com. Your feedback is important to us, and we are here to address any inquiries you may have.

User Eligibility

We want to ensure that our services are safe and suitable for all users. To use our website, you must meet specific eligibility criteria:

Age Requirement: You must be at least 13 years old to use our website. If you are under the age of 18, you must obtain permission from a parent or legal guardian to use our services. By using our services, you represent and warrant that you meet these age requirements and have obtained any necessary parental or guardian consent.
Parental or Guardian Consent: If you are under 18 years old, it is your responsibility to seek and obtain permission from your parent or legal guardian before using our services. We strongly encourage parents and guardians to be actively involved in monitoring their child's use of our platform, ensuring that it aligns with their age and maturity level.
Accuracy of Representation: When you create an account and use our services, you affirm that the information you provide during registration is accurate and truthful. Misrepresentation of your age or any other information is strictly prohibited.
Responsibility of Parents and Guardians: Parents and legal guardians are encouraged to supervise and guide their children's use of our platform, taking into account the age-appropriateness of the content and features. We do not knowingly collect personal information from users under 13 without parental consent.
Account Termination: Fitsly reserves the right to terminate or suspend any user account that violates these age-related eligibility criteria or misrepresents user age.

We are committed to providing a safe and age-appropriate environment for all our users. By using our services, you acknowledge and accept these eligibility requirements, and if you are under 18, you confirm that you have obtained the necessary consent from a parent or legal guardian to use our platform.

User Accounts

To access specific features and services within our platform, you may be required to create a user account. When doing so, it is essential to understand your responsibilities and commitments regarding your account. Here are the key points:

Account Creation: When setting up your account, you agree to provide accurate, current, and complete information. This includes your name, contact details, and any other required information. You must ensure that the information you provide during registration is up-to-date and accurate. Failing to do so may compromise your ability to use our services effectively.
Account Security: You are solely responsible for maintaining the security and confidentiality of your account login information, such as your username and password. It is crucial to keep this information private and not share it with anyone else. You should take appropriate steps to protect your account from unauthorized access.
Activity Monitoring: You acknowledge that all activities conducted under your account, whether authorized by you or not, are your responsibility. This includes any actions taken within the platform, content posted, messages sent, and any other interactions. It is essential to promptly report any unauthorized use or security breaches to us.
Account Updates: To ensure that we have the most accurate and current information about you, you agree to promptly update your account details if there are any changes, such as a change in your contact information. Keeping your account information current helps us provide you with a seamless and personalized experience.
Account Termination: Fitsly reserves the right to terminate or suspend your account, with or without notice, if we suspect any violations of our Terms of Service, policies, or if we believe that your account poses a security risk or engages in any unauthorized or malicious activity.

By creating an account and using our services, you acknowledge and accept these responsibilities related to your user account. It is essential to adhere to these guidelines to ensure the security of your account and the overall integrity of our platform.

Fees & Payments

Payment Finality

All purchases made on the Fitsly platform are final. Fitsly operates on a strict no refund policy. Before making a payment, we encourage you to review your selection, verify the details, and ensure that you are confident in your decision.

Services and Features

Given the nature of the services and features we provide, we do not offer refunds once a purchase has been made. We believe in the value and efficacy of our platform, and we strive to ensure that all features and services work as described. However, it is the responsibility of the user to understand and evaluate the suitability of any service or feature before making a purchase. While refunds are generally not provided, if you believe that you have encountered exceptional circumstances or if you have concerns regarding potential technical errors or platform discrepancies, please contact our support team at help@fitsly.com. We will review your situation on a case-by-case basis; however, please note that the submission of a claim does not guarantee a refund.

Disputes and Chargebacks

Initiating a chargeback or dispute with your bank or credit card company related to payments made to Fitsly may result in the suspension or termination of your Fitsly account. To avoid any potential disruptions to your services, please contact our support team to address any payment or service concerns you may have.

Acknowledgment

By making a purchase on Fitsly, you acknowledge and agree to this no refund policy. We encourage you to reach out to our support team with any pre-purchase inquiries or concerns to ensure that you are making an informed decision.

Intellectual Property Rights

Ownership and Protection: The website—including any of our services, and all of its contents, features, and functionality, such as information, software, text, displays, images, videos, and audio, as well as the design, selection, and arrangement thereof—are owned by Fitsly ("the Company"), its licensors, or other providers of such material. These elements are protected by both United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

User Content: Content provided by users and partners, including associated intellectual property rights, is owned by them. Fitsly does not own or claim intellectual property rights or liability for any such user or partner-supplied content.

Usage Permissions: These Terms of Service grant you permission to use the website for your personal use, as well as for professional or commercial purposes if you are a registered personal trainer or affiliated professional using the app to conduct or support your business activities. Access to the services provided is contingent upon your adherence to all the terms and conditions outlined herein and incorporated by reference.

You are expressly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any material from our website, except as follows:

Your computer may temporarily store copies of these materials in RAM as part of your access and viewing experience.
Your web browser may cache files automatically for the purpose of enhancing display.
You may print or download a single copy of a reasonable number of website pages for your personal or professional use, with no intention of further reproduction, publication, or distribution, unless explicitly permitted by us.
If we offer desktop, mobile, or other applications for download, you may download one copy to your computer or mobile device for your personal or professional use, subject to your agreement with our end user license agreement for such applications.
If social media features are provided with certain content, you may take actions enabled by those features.

Prohibited Actions: You are strictly prohibited from:

Modifying copies of materials from this website or our services, except as expressly permitted by us.
Separating any illustrations, photographs, videos, or audio sequences from accompanying text without permission.
Deleting or altering any copyright, trademark, or other proprietary rights notices on material copies from this website.
Accessing or using any part of the website or any materials available through the website for unauthorized commercial purposes is prohibited. Registered personal trainers or affiliated professionals using the app to conduct or support their business activities are exempt from this restriction, provided their use aligns with our guidelines and policies.

If you intend to use material from the website beyond the scope outlined in this section, please submit your request to: legal@fitsly.com.

Termination for Misuse: Engaging in any activity that breaches the Terms of Service, including but not limited to printing, copying, modifying, downloading, or unauthorized use of the website, will result in the immediate termination of your right to use the website. Fitsly may, at its discretion, require you to return or destroy any copies of the materials you have made. Your use of the website does not transfer any right, title, or interest in the website, or its content to you. All rights not expressly granted herein are reserved by the Company. Any unauthorized use of the website is a violation of these Terms of Service and may infringe upon copyright, trademark, and other laws.

Important Disclaimers

Medical Practice Clarification:

At Fitsly, we want to make it clear that we do not provide medical advice or engage in the practice of medicine. The content you find on our Website is intended solely for informational purposes and should not be considered a substitute for professional medical guidance. Please be aware that the information on this Website is not meant for medical diagnosis or treatment. It's neither comprehensive nor a replacement for advice from a qualified healthcare provider. If you have any healthcare-related concerns or questions, including those about pre-existing conditions or injuries sustained during training, we strongly recommend consulting with a qualified healthcare provider. Before starting any new treatment, diet, or fitness program, it is essential to seek guidance from your physician or a qualified healthcare professional. Remember, never disregard medical advice or delay seeking it based on information obtained from this Website.

Non-Medical Status:

Fitsly does not practice medicine, directly or indirectly, nor do we provide medical services. Our platform does not replace the need for medical professionals, including physicians, healthcare providers, or trained healthcare experts. We do not offer or endorse any form of medical advice. Any medical concerns or queries should be directed to your physician, healthcare provider, family nutritionist, or registered dietitian. You acknowledge and agree that decisions concerning your health are entirely your responsibility and should be made in consultation with your physician.

Responsibility Disclaimer:

You expressly acknowledge and agree that Fitsly is not engaged in the practice of medicine. Any decisions related to your health and fitness are your sole responsibility and should be made in consultation with your physician. We disclaim any responsibility or liability for any adverse consequences or damages resulting from your reliance on this Website, our services, your trainer, or any information received through our applications or provided links, social media, or other sources.

Third-Party Information Disclaimer

Statements made in websites, newsgroups, message boards, email, forums, conferences, and chats reflect the views of their authors and not Fitsly. Forum managers, forum hosts, content providers, Information Providers, or merchants appearing on the Website are not authorized Fitsly spokespersons, and their views do not necessarily reflect those of Fitsly. Fitsly disclaims all responsibility and liability whatsoever in connection therewith.

Licensing and Idea Submission Policy

By submitting materials and information (including ideas for new or improved products or services) to public areas of Fitsly, such as forums and chat rooms, you agree to grant Fitsly a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform such materials and information in any media now known or hereafter developed. You hereby waive your moral rights in these materials and information, and you warrant that they are original or that you have the right to submit them. You agree that you shall have no recourse against Fitsly for any alleged or actual infringement or misappropriation of any proprietary rights in your communication to us.

Indemnification

You agree to indemnify, defend, and hold harmless Fitsly, its affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses arising out of or in connection with:

Your use of the Website, its services, or any content provided through the Website.
Your violation of these Terms of Service or any applicable law.
Your violation of any rights of a third party.
Any content you submit or provide to Fitsly.
Your interaction with other users of the Website.

Fitsly reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Fitsly in asserting any available defenses.

User Conduct

At Fitsly, we believe in fostering a respectful, supportive, and inclusive community dedicated to health and fitness. To ensure a positive environment for all users, we have established guidelines for conduct. When using our website, you agree to adhere to the following principles:

Compliance with Laws and Regulations: Respect and abide by all applicable local, state, and federal laws, as well as international regulations and third-party rights. This includes intellectual property rights and privacy laws.
No Harm or Interference: Do not use our services in any manner that could harm, disable, overburden, or impair our website or interfere with others' use.
Data Integrity: Avoid using data mining, robots, or similar data gathering and extraction tools on our website.
Unauthorized Access: Do not attempt to gain unauthorized access or bypass our website's security measures.
No Malicious Code: Do not upload, transmit, or introduce viruses or other malicious code.
Respectful Behavior: Interact with respect, kindness, and consideration. Harassment, hate speech, or disruptive behavior will not be tolerated.

Report any violations or concerns to us at legal@fitsly.com.

User-Generated Content

At Fitsly, we value the insights and experiences our users share. By posting, uploading, or transmitting content through our services, you are contributing to a collaborative environment. Here are guidelines to ensure the quality and safety of shared content:

Licensing: By contributing, you grant Fitsly a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display the content in connection with our services.
No Infringements: Respect others' intellectual property rights. Do not share content that violates third-party rights, including copyright, trademark, or patent rights.
Accuracy and Truthfulness: Provide accurate and truthful information. Misinformation or deceptive content is prohibited.
Adherence to Guidelines: Ensure content complies with these Terms of Service and our community guidelines.
No Harmful Content: Avoid sharing content that is offensive, harmful, or otherwise objectionable.

If you encounter content that violates these guidelines, report it to us at legal@fitsly.com.

Termination of Access

At Fitsly, we strive to maintain a safe, respectful, and inclusive environment for all our users. To ensure the integrity of our platform and the well-being of our community, we may need to take action in certain situations. This section outlines the circumstances under which Fitsly may terminate or suspend your access to our website, as well as the option for you to terminate your account voluntarily.

Termination or Suspension by Fitsly:
- Violation of Terms: Fitsly reserves the right, without prior notice, to terminate or suspend your access to our website if we have reasonable grounds to believe that you have violated these Terms of Service. This action may be taken to address breaches of our community guidelines, misuse of our platform, or any other behavior that undermines the positive experience of our users.
- Protecting the Community: We take the safety and well-being of our community seriously. If we believe that your continued access to our platform poses a risk to other users or violates our policies, we may take immediate action to protect the community.
Voluntary Termination by You:
- Account Closure: You have the option to terminate your account at any time for personal reasons or any other motive. To initiate the account closure process, please contact us at help@fitsly.com. We will assist you in closing your account and provide guidance on the steps involved.

Please note that if your access to our website is terminated or suspended by Fitsly, you may lose access to any content, data, or information associated with your account. Additionally, Fitsly may take measures to prevent you from creating a new account if your previous account was terminated for violations of our Terms of Service.

We value the contributions and participation of our users and strive to maintain a positive and supportive community. While termination or suspension actions are taken with careful consideration, we encourage all users to familiarize themselves with our Terms of Service and community guidelines to ensure a respectful and enjoyable experience for everyone.

Disclaimer of Warranties

At Fitsly, we are committed to providing our users with a valuable and enjoyable experience. However, it's essential to clarify the terms under which our website and services are offered. This section outlines our disclaimer of warranties, highlighting the basis on which our platform operates and the responsibilities of our users.

No Guarantees or Warranties: Fitsly provides our website on an "as-is" and "as available" basis. We do not make any guarantees or warranties, either express or implied, regarding the performance, availability, or suitability of our platform for your specific needs. This includes, but is not limited to, the following:
- Merchantability: We do not warrant that our services are merchantable, meaning that they are suitable for your particular purpose or expectations.
- Fitness for a Particular Purpose: We do not make any warranties regarding the fitness of our platform for a specific purpose you may have in mind.
- Non-Infringement: While we strive to respect the intellectual property rights of others, we cannot guarantee that our services are entirely free from any infringement on third-party rights.
User Responsibility: It's important to understand that the use of our website carries certain inherent risks. Users are responsible for assessing whether our platform meets their individual needs and expectations. While we aim to provide a reliable and valuable service, users should exercise caution and diligence in their interactions and usage.
Service Availability: Fitsly makes reasonable efforts to ensure the availability and functionality of our website. However, we cannot guarantee uninterrupted or error-free operation. Maintenance, updates, and unforeseen issues may impact service availability from time to time.
Third-Party Content: Some content, information, or materials on our platform may be provided by third parties. We do not endorse or warrant the accuracy, reliability, or quality of such content. Users should exercise discretion and evaluate third-party content independently.
Limitation of Liability: Please refer to our "Limitation of Liability" section for information on the extent of our liability for any damages or losses incurred while using our platform.

By accessing and using our website, you acknowledge and accept this disclaimer of warranties. We encourage users to approach our platform with a sense of personal responsibility and to seek professional advice or assistance when necessary.

Fitsly remains committed to providing a positive and valuable experience for our users, and we appreciate your understanding of the terms under which our services are offered.

Limitation of Liability

At Fitsly, we value the trust our users place in us, and we strive to provide a reliable and secure platform. However, it's crucial to understand the limitations of liability associated with the use of our website. This section outlines the extent to which Fitsly may be held liable for various types of damages and losses.

No Liability for Indirect or Consequential Damages: Fitsly shall not be liable for any indirect, incidental, special, consequential, or punitive damages that users may incur. These damages may include, but are not limited to, the following:
- Loss of Profits or Revenues: We disclaim any responsibility for any loss of profits or revenues, whether incurred directly or indirectly as a result of using our website.
- Loss of Data: Users are encouraged to maintain backups of their data. Fitsly is not liable for any loss of data that may occur while using our platform.
- Loss of Use, Goodwill, or Other Intangible Losses: Fitsly is not responsible for any loss of use, goodwill, or other intangible losses resulting from the use of our services.
Limitation of Liability for Specific Events: Our liability is limited for specific events, including, but not limited to, the following:
- Unauthorized Access: Fitsly shall not be liable for any damages resulting from unauthorized access to our servers or any personal information stored therein.
- Interruption or Cessation of Transmission: We disclaim any liability for damages resulting from the interruption or cessation of transmission to or from our website or services.
- Security Threats: Fitsly is not responsible for any damages caused by bugs, viruses, trojan horses, or similar security threats transmitted to or through our website by third parties.
- Errors or Omissions: We do not accept liability for any errors or omissions in the content provided on our platform. Users are encouraged to verify information independently.
- User Content: Fitsly disclaims liability for user-generated content and any damages resulting from the defamatory, offensive, or illegal conduct of any third party.
Extent of Liability: To the fullest extent permitted by applicable law, Fitsly's liability is limited for the events and damages mentioned above.

It is important to recognize that our platform is designed to provide valuable services, but we cannot guarantee absolute security or freedom from errors. Users should exercise diligence and consider risk factors when using our website.

By using our website, you acknowledge and accept the terms of this limitation of liability. If you do not agree with any part of this section, please refrain from using our services.

Fitsly remains committed to addressing any concerns and providing a positive user experience within the scope of our limitations of liability.

Governing Law

Fitsly, with its headquarters located in Melbourne, Australia, is committed to providing its services to users worldwide. These Terms of Service, which outline the terms and conditions of using our platform, are governed by and construed in accordance with the laws of Melbourne, Australia.

While our services are accessible to users from diverse geographical locations, we emphasize that the legal framework governing these terms is based on the laws of Melbourne, Australia. This means that any disputes, claims, or legal matters arising from or related to these Terms of Service will be subject to the jurisdiction of Melbourne, Australia.

We understand that our user base spans the globe, and we endeavor to ensure that our services are accessible and compliant with various international laws and regulations. However, it is essential to recognize that the governing law specified herein is consistent with our company's location in Melbourne, Australia.

By accessing and using our website, you agree to submit to the jurisdiction of Melbourne, Australia, for any legal matters related to these Terms of Service. We encourage our users to familiarize themselves with these terms and the governing law to ensure a clear understanding of their rights and obligations.

If you have any questions or concerns about this governing law section or any other aspect of our Terms of Service, please do not hesitate to contact us at legal@fitsly.com. We are dedicated to providing a transparent and compliant legal framework for our global user community.

Contact Us

At Fitsly, we value transparency and open communication with our users. If you have any questions, concerns, or require clarification regarding these Terms of Service, please do not hesitate to get in touch with us. We are here to assist you and ensure that your experience with our platform is clear and satisfactory.

You can reach our dedicated support team by sending an email to help@fitsly.com. Whether you need assistance understanding specific terms, have inquiries about your account, or encounter any issues while using our services, our team is ready to address your needs promptly.

Your feedback is essential to us, and we encourage you to reach out to us with any questions or concerns you may have. We are committed to providing a responsive and helpful support system to enhance your experience with Fitsly.

Thank you for choosing Fitsly as your health and fitness partner. We look forward to assisting you and ensuring your journey with us is smooth and enjoyable.