FitMyLife Terms of Service
Last Update: June 23, 2017
Welcome to FitMyLife Health Analytics Incorporated (“FitMyLife”, “we”, “our”, or “us”). FitMyLife performs sophisticated modeling of your metabolism so you know better how to manage your health goals.
FitMyLife provides through its website, mobile apps, partner websites, partner mobile applications, and through personal trainers and nutritionists a collection of services (collectively “Services”). Content for the website and the mobile apps are copyrighted work belonging to FitMyLife.
Users bound by this Agreement include both those using FitMyLife for their own fitness goals (“End Users”) along with fitness professionals and nutritionists using FitMyLife to advise clients (“Advisors”). Collectively End Users and Advisors are referred to as “Users” under this Agreement.
If you are not at least eighteen (18) years old, you may not access and/or use the Services or accept the Agreement. When you access and/or use the Services, you warrant that you have the right, authority, and capacity to enter into the Agreement and to abide by all of its terms and conditions set forth herein. You may not access and/or use the Services if you do not agree with ALL provisions of this Agreement.
Changes in Terms of Service
These Terms will change over time. When the Terms change we will post a notice on the websites and mobile apps. When you use the FitMyLife Services after a modification is posted, you are telling us that you accept the modified terms.
License to Use the Services
Subject to the terms of this Agreement, FitMyLife authorizes you to use the Services for your personal, non-commercial purposes. The Services include certain features that FitMyLife offers for a fee (“Standard Services”, “Premium Services”, and paid sessions with Advisors); you are only authorized to use the Standard Services, Premium Services, and paid sessions with Advisors if you have paid the applicable fees. You may not remove any copyright, trademark or other proprietary notices that have been placed in the Services. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise using in any way the Services, or any portion of the Services, is strictly prohibited without the prior written permission of FitMyLife. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. FitMyLife and its Affiliates reserve all rights not granted in this Agreement.
The Services are licensed, not sold. You obtain no rights to any software related to the Services other than the rights described in these terms of service.
Neither you nor any other party may, without the prior written permission from FitMyLife, deep link to, frame, spider, harvest or scrape the Services or content provided by Users (“User Content”), or otherwise access the Services or User Content for any purposes. You may not use any machine, electronic, web-based or similar device to read or extract the Services or User Content. Except as expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services, and all fees associated therewith.
Fees and Payment
If you purchase the Standard Services, Premium Services, or purchase access to a registered FitMyLife Advisor either on a one-time or subscription basis, you will pay FitMyLife the applicable fees and any related taxes. FitMyLife may change its fees at any time by publishing written notice on the Services. You authorize FitMyLife to charge the applicable fees to the payment card that you submit to FitMyLife, and agree that FitMyLife and any FitMyLife Affiliate may store your payment card information. You will pay all fees and taxes as they become due. Your obligation to pay fees continues through the end of the subscription period.
If your payment card issuer or bank does not honor charges you have paid using your card, you will remain directly liable to FitMyLife for all unpaid amounts. If you fail to pay applicable fees, FitMyLife reserves the right to charge interest at the rate of 1.5% per month, or the maximum amount permitted by law (if lower).
You may cancel your Standard Services, Premium Services or access to a registered FitMyLife Advisor here. You also acknowledge that paid Services are subject to this Agreement.
All fees and charges are non-refundable. There are no refunds or credits for partially used periods. All paid services (Standard Services, Premium Services, and paid sessions with FitMyLife Advisors) and your rights to use them expire at the end of the paid period of your Services account.
Automatic Renewal Options
For certain subscriptions, you agree that your subscription will be automatically renewed. You authorize us to charge your payment method for the renewal term, unless you cancel your subscription.
Your initial subscription period corresponds to the period of auto-renewal unless otherwise disclosed to you at the time of subscription purchase. The renewal rate will be equal to the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.
Cancellation of your subscription to the Services
You must cancel your subscription in accordance with the cancellation procedures disclosed to you for any given subscription to the Services. We may offer a free trial subscription for a service. If you cancel your subscription before the free trial period expires, you will not be billed. Otherwise, If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires.
Nonpayment of any fees or other sums due to FitMyLife or any other party related to your use of the Services will result in Service termination.
At our discretion, we may appoint an outside debt collection agency to collect amounts owing to us. You agree to reimburse us for all costs that we incur in enforcing our collection of your unpaid amounts, including debt collection agency fees, reasonable attorneys’ and legal fees and court costs.
All billing disputes must be reported within 30 days of the time that the dispute occurred. If you dispute a charge to your payment card issuer that, in our reasonable judgment, is a valid charge under the provisions of this Agreement, you agree to pay us an additional charge (“Administration Charge”) to investigate the matter. We will refund any such Administrative Charge if our investigation finds that your action in disputing the charge to your card issuer was justified because the charge was not, in fact, a valid charge under the provisions of this Agreement.
All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All fees for Standard Services, Premium Services, or Advisor Services and your rights to use them expire at the end of the paid period of your account.
FitMyLife reserves the right to do any or all of the following:
1. record User Content;
2. remove User Content or User registration information that is abusive, illegal or or that fails to conform with the terms and conditions of this Agreement;
3. monitor, edit or disclose any User Content or User registration information, and otherwise generally monitor your use of the Services;
4. investigate an allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement;
FitMyLife and FitMyLife Affiliates have no liability or responsibility to Users of the Service or any other person or entity for performance or non-performance of the aforementioned activities.
Suspension of access to Services
FitMyLife reserves the right to suspend or terminate your registration, or your access to the Services, with or without notice to you.
We may terminate or suspend your account at any time if we, in our sole discretion, determine that you are or have been in violation of the Terms of this Agreement or the spirit thereof. We may also terminate or suspend your account if we, in our sole discretion, determine that you have created risk or possible legal exposure for FitMyLife or other Users of the Services. We may also terminate of suspend your account in response to requests by law enforcement or other government agencies, upon discontinuance or material modification of any Services, or due to unexpected technical issues or problems.
The Services and User Content are provided “as is”, without warranty or condition of any kind, either express or implied. Without limiting the foregoing, FitMyLife explicitly disclaims any warranties or merchantability or fitness for a particular purpose. FitMyLife makes no warranty that any of the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
All information contained in the Services, including resistance workout plans, cardiovascular workout plans, diet plans, potential food allergens, and information that might affect health conditions, medical conditions, and the like, is provided for informational purposes only and not as medical advice. Information incorporated in the Services is not a substitute for advice from a licensed healthcare professional. Never use information included in the Services for diagnosis or treatment for diseases, injuries, or health issues. As a term of this Agreement, you must always consult a healthcare provider before modifying your exercise regime and/or diet in any way that may adversely affect your health.
FitMyLife does not assume any liability for information provided that might contribute to pre-existing or new health and medical conditions. The Services should not be used by persons under 18 or by pregnant women. FitMyLife does not assume any liability for any inaccuracies in the information provided through our Services. All Services, including prediction reports, metabolic maps, caloric intake assessments, and caloric burn assessments are provided on a best effort basis. FitMyLife disclaims any liability or loss that arises in connection with access or use of the Services. You agree to consider any associated risks before using our Services in connection with any physical activity plan, nutrition plan, or combination thereof. Each individual has different capabilities and health conditions. You agree to participate in the activities promoted by our Services at your own risk and you voluntarily assume all risks associated with such activities.
You understand that FitMyLife does not perform and is not responsible for any physical inspection or supervision of any activities promoted in the Services. You understand and expressly agree that any risks associated with challenges or competitions promoted through our Services are entirely borne by you. FitMyLife disclaims all liability or loss associated with such activities. You understand that both exercise and nutritional activity can carry inherent and potentially significant risk of bodily injury or death and you voluntarily assume all risks connected with these activities even if caused in whole or part by the action, inaction, or negligence of FitMyLife or any of its partners or suppliers (“Affiliates”). FitMyLife is not liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, any of the Services, including any User Content or activities that you access or learn about through our Services.
Do not engage with the Services of FitMyLife or any of its partners while actively engaged in exercise.
FitMyLife does not verify the qualifications or experience of any of its registered Advisors. FitMyLife is not responsible for any advice, recommendation, act or omission of any Advisor. Advisors use the Services at their own risk. End Users accept responsibility for verifying whether an Advisor is sufficiently qualified. End Users must determine for themselves whether they should follow any advice or suggestions from an Advisor.
You, for yourself, your heirs, your executors and administrators hereby remise, release and forever discharge FitMyLife from any and all manners of action, causes of action, suits, debts, claims and demands whatsoever for personal injury, wrongful death and/or any other claim for damages arising out of your past, current or future use or your Advisor’s past, current or future use of any and all of our products and Services.
You should only engage with FitMyLife as a registered Advisor if you have appropriate experience and qualifications. If you provide advice to End Users, you agree that FitMyLife is not responsible for any act and/or omission of the End User and is not responsible for determining whether an End User is medically fit or has sufficient experience for any given diet or exercise regime.
Certain features of the Services require you to create and manage an account. By creating an account as a “User” of our Services you agree to be bound by the following terms and conditions (the “Agreement”).
User Content posted on FitMyLife Services
FitMyLife allows you to post photos, customized training plans, diets, logs, comments and other content on its Services (“User Content”).
You represent and warrant that you have all rights required to grant us a license to use your content as described in these Terms. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services and your use of it. You represent and warrant that use of User Content will not infringe or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights. You will be solely responsible for your own individual violations of any such laws and you will indemnify and save FitMyLife harmless with respect to the same.
You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.
Shared Content posted on FitMyLife Services
Certain Service and features allow you to share content with friends (“Shared Content”). FitMyLife does not edit or control Shared Content that you and other Users post to or distribute, and will not be in any way responsible or liable for Shared Content. FitMyLife does not vet or control the Users or other individuals that generate Shared Content. FitMyLife shall not be liable for any loss or damage that any person may suffer as a result of using Shared Content. All Users generate and use Shared Content at their own risk. Users should exercise caution in interacting with unknown persons that they meet using Shared Content in the same way that they would exercise caution with new contacts they meet in the physical world.
No User of Shared Content shall:
(a) generate or use Shared Content in violation of, or in connection with any violation of, any local, state, national or international laws;
(b) impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
(c) except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
(d) post any material more than once or “spam”; or
(e) engage in any other conduct that restricts or inhibits any other person from using or enjoying any Shared Content, or the Services, or which, in FitMyLife’s sole judgment, exposes FitMyLife or any officer, director, employee or agent of FitMyLife (each a “FitMyLife Affiliate”) to any liability or detriment of any type.
Ownership of the Services and Related Intellectual Property
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Services or used by FitMyLife to operate the Services is proprietary to us or to third parties. FitMyLife expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited.
Changes to Services
FitMyLife retains the right to make changes to the Services (whether to unpaid Services, Standard Services, or Premium Services) at any time, with or without notice. You acknowledge that a variety of FitMyLife actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that FitMyLife has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
FitMyLife has no obligation to provide you with customer support of any kind. However, at FitMyLIfe’s sole discretion, we may provide you with customer support from time to time.
In no event shall FitMyLife or FitMyLife Affiliates be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from this Agreement or your use of, or inability to use, the Services, or third-party sites and advertisements, even if we have been advised of the possibility of such damages. Access to and the use of the Services and third-party sites and advertisements are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
You agree to indemnify and hold FitMyLife, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, or (c) your violation of this Agreement. FitMyLife reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FitMyLife. FitMyLife will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining Terms will remain in full force and effect.
The failure of FitMyLife to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
This Agreement shall be governed by the laws of the Alberta, Canada without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are FitMyLife property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without FitMyLife’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
If you have any questions about these Terms of Service, please contact FitMyLifee at legal@FitMyLife.com.
FitMyLife will treat any feedback or suggestions you provide to us as non-confidential and non-proprietary. In the absence of a written agreement with FitMyLife to the contrary, you agree that you will not submit to FitMyLife any information or ideas that you consider to be confidential or proprietary.