FiTracker Terms of Service

Effective Date: August 8, 2025

Last Updated: August 8, 2025

1. ACCEPTANCE OF TERMS

Welcome to FiTracker ("we," "our," or "us"). By accessing or using the FiTracker mobile application, website, and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.

FiTracker, Inc. is a Delaware corporation with principal offices in Cincinnati, Ohio.

2. DESCRIPTION OF SERVICE

FiTracker provides an AI-powered fitness and nutrition tracking platform that includes:

  • Personalized AI coaching and recommendations
  • Nutrition and meal tracking
  • Workout planning and tracking
  • Social features and challenges
  • Progress analytics and insights
  • Integration with third-party devices and services

3. ACCOUNT REGISTRATION

3.1 Eligibility

You must be at least 13 years old to use FiTracker. Users between 13-18 must have parental consent. By registering, you represent that you meet these requirements.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use

3.3 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4. SUBSCRIPTION AND PAYMENT TERMS

4.1 Free Tier

FiTracker offers a free tier with limited features, including:

  • Basic tracking functionality
  • Limited AI interactions (3 per day)
  • Community access

4.2 Premium Subscriptions

Premium subscriptions are available at the following rates:

  • Premium Plan: $9.99/month or $99.99/year
  • Pro Plan: $19.99/month or $199.99/year

Prices are in US dollars and subject to change with 30 days notice.

4.3 Billing

  • Subscriptions automatically renew unless cancelled
  • Payment is charged to your selected payment method
  • No refunds for partial months/years
  • You may cancel anytime through account settings

4.4 Free Trials

We may offer free trials. At trial end, you'll be automatically charged unless you cancel before the trial period expires.

5. USER CONTENT

5.1 Your Content

You retain ownership of content you post ("User Content"). By posting, you grant FiTracker a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content for Service operation and improvement.

5.2 Content Standards

You agree not to post content that:

  • Violates any laws or regulations
  • Infringes intellectual property rights
  • Contains harmful, offensive, or discriminatory material
  • Promotes dangerous fitness or nutrition practices
  • Contains malware or spam
  • Impersonates others

5.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable.

6. AI SERVICES AND HEALTH DISCLAIMER

6.1 AI Coaching Nature

FiTracker's AI coaching is for informational and motivational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.

6.2 Medical Disclaimer

IMPORTANT:

  • Always consult qualified healthcare providers before starting any fitness or nutrition program
  • Never disregard professional medical advice because of something you read on FiTracker
  • If you have a medical emergency, call your doctor or emergency services immediately

6.3 Fitness Risks

You acknowledge that physical exercise carries inherent risks. You voluntarily assume all risks associated with following any fitness recommendations provided through the Service.

6.4 Nutrition Information

Nutritional information is estimated and may not be accurate. Users with food allergies or dietary restrictions should verify all information independently.

7. INTELLECTUAL PROPERTY

7.1 FiTracker Property

The Service, including all content, features, and functionality, is owned by FiTracker and protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes.

7.3 Restrictions

You may not:

  • Copy, modify, or distribute our Service
  • Reverse engineer or attempt to extract source code
  • Use our trademarks without permission
  • Scrape or data mine our Service
  • Create derivative works

8. PRIVACY AND DATA USE

8.1 Privacy Policy

Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into these Terms.

8.2 Data Processing

By using FiTracker, you consent to the collection, processing, and use of your data as described in our Privacy Policy.

8.3 Health Data

You acknowledge that fitness and nutrition data may be sensitive. We implement appropriate safeguards but cannot guarantee absolute security.

9. THIRD-PARTY SERVICES

9.1 Integrations

FiTracker may integrate with third-party services (e.g., Apple Health, Google Fit, Fitbit). These integrations are subject to third-party terms and policies.

9.2 Third-Party Links

Our Service may contain links to third-party websites. We are not responsible for third-party content or practices.

9.3 In-App Purchases

In-app purchases are processed through app store providers (Apple, Google) and subject to their terms.

10. PROHIBITED USES

You agree not to:

  • Use the Service for any illegal purpose
  • Violate any laws in your jurisdiction
  • Harass, abuse, or harm other users
  • Create multiple accounts to abuse free trials
  • Use automated systems to access the Service
  • Interfere with or disrupt the Service
  • Attempt to gain unauthorized access
  • Share accounts or login credentials

11. TERMINATION

11.1 By You

You may terminate your account at any time through account settings or by contacting support@fitracker.ai.

11.2 By Us

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or for any other reason at our sole discretion.

11.3 Effect of Termination

Upon termination:

  • Your right to use the Service ceases immediately
  • We may delete your data after 30 days
  • Paid subscriptions are non-refundable

12. DISCLAIMERS

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF INFORMATION

WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted or error-free
  • Defects will be corrected
  • The Service is free of viruses or harmful components
  • Results from using the Service will meet your expectations

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • FiTracker shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability shall not exceed the amount you paid us in the past 12 months
  • We are not liable for any health issues, injuries, or damages resulting from Service use

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FiTracker, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content

15. DISPUTE RESOLUTION

15.1 Arbitration

Any disputes shall be resolved through binding arbitration under the American Arbitration Association rules, not through court proceedings.

15.2 Class Action Waiver

You waive any right to bring claims on a class, consolidated, or representative basis.

15.3 Governing Law

These Terms are governed by Delaware law, without regard to conflict of law provisions.

16. INTERNATIONAL USE

FiTracker is based in the United States. If you access the Service from other regions, you are responsible for compliance with local laws.

17. MODIFICATIONS TO TERMS

We may modify these Terms at any time. We will notify you of material changes via email or in-app notification. Continued use after changes constitutes acceptance.

18. CHILDREN'S PRIVACY

Users under 13 require parental consent. We do not knowingly collect information from children under 13 without such consent. Parents may contact us to review or delete their child's information.

19. ACCESSIBILITY

We strive to make FiTracker accessible to all users. If you experience accessibility issues, please contact support@fitracker.ai.

20. GENERAL PROVISIONS

20.1 Entire Agreement

These Terms constitute the entire agreement between you and FiTracker.

20.2 Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

20.3 Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

20.4 Assignment

You may not assign these Terms without our consent. We may assign our rights to any successor or acquirer.

20.5 Force Majeure

We are not liable for failures due to circumstances beyond our reasonable control.

21. CONTACT INFORMATION

For questions about these Terms, contact us at:

FiTracker, Inc.

Email: legal@fitracker.ai

Phone: (513) 957-5001

Address: Cincinnati, OH 45202

For support issues: support@fitracker.ai

22. SPECIAL PROVISIONS FOR APP STORE

22.1 Apple App Store

Additional terms apply when downloading from Apple App Store:

  • Apple has no obligation to provide maintenance or support
  • Apple is not responsible for product claims or legal compliance
  • Apple is a third-party beneficiary with rights to enforce these Terms

22.2 Google Play Store

Additional terms apply when downloading from Google Play Store as specified in Google Play Terms of Service.

23. BETA FEATURES

We may offer beta features. Beta features are provided "as is" without warranties and may be discontinued at any time.

24. COPYRIGHT POLICY

We respect intellectual property rights. To report copyright infringement, contact legal@fitracker.ai with:

  • Description of copyrighted work
  • Description of infringing material
  • Your contact information
  • Statement of good faith belief
  • Statement of accuracy under penalty of perjury
  • Your signature

BY USING FITRACKER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Last Updated: August 8, 2025 | Version 1.0