Terms of Service

These Terms of Service define the conditions and restrictions of use that you agree to when downloading, accessing and using the Fitia mobile app (hereafter referred to as "Fitia App") and services, including warranty and liability limitations.

You acknowledge that these Terms of Service are effective in the same way as any other written contract and that you agree to abide by them. Otherwise, you are not authorized to download and use the Fitia App. The Terms of Service are available at any time on the Fitia App and on the website www.fitia.app.

The Fitia App and the services associated with it are offered by Fitia, Inc. (hereinafter referred to as "Fitia" or "we" or "us"). To contact us, you can send an email at support@fitia.app. The Fitia App offers nutrition programs for Free Users and Paid Subscribers, and shall in no way be considered medical advice or diagnosis.

The food suggestions generated by the Fitia App are general and automated in nature and may not be appropriate for every person without prior professional review, in particular for Users who have health conditions, are pregnant or breastfeeding, take medication, or require a specific diet for medical reasons. Before using the Services, and before following any meal plan generated by the App, User should consult a physician or other qualified healthcare professional.

The Fitia App may include a meal planning feature that allows Users to indicate allergies, intolerances, dietary restrictions, and health conditions (including, without limitation, pregnancy, breastfeeding, diabetes, hypertension, kidney disease, cardiovascular disease, metabolic disorders, and food allergies) so that the App can generate suggested meal plans that attempt to account for those inputs. User expressly acknowledges and agrees that: (i) the Fitia App is not designed, intended, or warranted to diagnose, treat, cure, prevent, or manage any disease, medical condition, or nutritional deficiency; (ii) meal plans, recipes, and nutritional information are based on generic ingredients, branded foods and general nutrition principles, and are automated suggestions that do not replace the judgment of a qualified professional; (iii) Fitia does not sell food and is not responsible for the composition, labeling accuracy, allergen content, cross-contamination, or formulation changes of any generic or commercial product that User may purchase; (iv) User is solely responsible for selecting, purchasing, and verifying the specific products User consumes, including reading the ingredient labels of any commercial product before each consumption, and consulting a licensed healthcare professional (such as a physician, registered dietitian, obstetrician, or specialist, as applicable) regarding pregnancy, breastfeeding, allergies, chronic conditions, medication interactions, and any other health considerations; (v) prior to use of the meal planning feature, and when selecting health conditions or allergies, the Fitia App displays to User specific point-of-use notices and acknowledgments, which User accepts as an integral part of these Terms of Service; and (vi) to the fullest extent permitted by applicable law, Fitia shall not be liable for any allergic reaction, adverse event, injury, illness, complication, pregnancy-related outcome, or harm arising out of or related to User’s reliance on the meal planning feature or any Fitia content.

Therefore, before using the Fitia App, User states:

- They have reached the age of majority in their country, state, or jurisdiction of residence.
- If they are at least 15 years old but have not reached the age of majority in their country, state, or jurisdiction of residence, they are using the Fitia App solely with the consent and under the supervision of their parent or legal guardian, and such consent has been obtained.
- User acknowledges that certain features of the Fitia App, including Fitia Social, are subject to stricter age requirements set forth in these Terms of Service, and User will use those features only if User meets the age requirements applicable to them.
- User has disclosed to the Fitia App, accurately and to the extent applicable, User’s allergies, intolerances, health conditions, and other relevant circumstances.
- If User is pregnant, breastfeeding, taking medication, or has any food allergy or chronic medical condition, User will consult a qualified healthcare professional before following any meal plan generated by the Fitia App.
- The information they provide through the Fitia App is accurate and complete.
- User acknowledges that the suggestions generated by the Fitia App are automated and do not replace the clinical judgment of a healthcare professional, and that it is User’s responsibility to determine whether such suggestions are appropriate for User’s personal circumstances.

Registered user is informed and acknowledges that the services of the Fitia App are offered in digital services and content, without material support, and that the execution of the contract begins at the time of registration, with the prior agreement of User. As such, by using the services, User acknowledges that he/she expressly waives his/her right of revocation.

User expressly consents to the transfer of his/her personal data to the company Fitia so that the latter can offer the best service to User. Personal data will be treated with due confidentiality as stated in our privacy policy, which can be found on the Fitia App or on the website www.fitia.app.

ARTICLE 1. DEFINITIONS

The terms used both in plural and singular in Terms of Service shall have the following meanings:

- User: Natural person who has downloaded, registered, agreed to the Terms of Service, and who uses the Fitia App on his/her Device for his/her personal needs.
- Subscription: Acquisition by User at a fee offered on the Fitia App, which allows access to extra features (not free of charge).
- Fitia App: App released by Fitia whose use is subject to these Terms of Service, including its following updates.
- User Account: Account created by User on the Fitia App and accessible using an email address and password to access and use the Services.
- Terms of Service: The Terms of Service apply to the access and use of the Fitia App, and its functions and other services provided by Fitia for User.
- Services: Services offered on the Fitia App as described in article 4 and on the Fitia App, as well as the other services offered by Fitia to User.
- Online Store: Mobile application download platform that allows the download of the Fitia App for the operating system used in User's device.
- Device: Any smartphone connected to the Internet and with an operating system compatible with the Fitia App, as stated in the Online Store, of which User is the sole owner or has control, and on which the Fitia App is installed and used.
- Fitia: Software company that releases the Fitia App and provides the Services, whose details are set forth at the bottom of the Terms of Service.

ARTICLE 2. OBJECT

The Terms of Service set the conditions under which User has the right to use the Fitia App as well as the responsibilities of Fitia and User.

By registering on the Fitia App, User agrees to the Terms of Service and acknowledges that they prevail over any other document concerning the Fitia App.

Fitia may at any time modify, discontinue or delete the Fitia App or the Services, modify subscriptions, their pricing or the Terms of Service. These actions will have no impact on the previously downloaded Fitia App or subscriptions already purchased by User. Agreement to the new Terms of Service and/or continued use of the Fitia App after the entry into force of the modifications represent agreement to the new Terms of Service.

The Agreement is entered into between Fitia and User excluding the operator of the Online Store who is not responsible for the Fitia App and its contents. User also undertakes to comply with all obligations related to the download of the Fitia App from the Online Store. User acknowledges that the operator of the store and its subsidiaries have the status of beneficiaries of this Agreement and shall have the possibility to raise an objection against User if necessary.

ARTICLE 3. ACCESS TO THE APPLICATION AND SUBSCRIPTION

3.1. Access to the Fitia App: The features of the Fitia App are accessible after downloading it from the Online Store and creating a User account. Some functions are accessible only to Subscribers.

User must have a system (hardware and software) compatible with the Fitia App and Internet access which are at his/her own expense and responsibility. The use of the Fitia App may require regular updates.

3.2. Creation of a User Account: A User Account allows User to manage his/her profile and statements, and to access the Services (except those available to Subscribers). User must create a User Account on the Fitia App using his/her email address and a password, via “Sign in with Facebook” provided by Meta Platforms Inc, via "Sign in with Google" provided by Google LLC, or via “Sign in with Apple” provided by Apple Inc. User declares that all information he/she provides on the Fitia App is complete, true and up to date at all times.

User acknowledges that his/her credentials and password are strictly personal and confidential. It is prohibited, therefore, to disclose them or share them with third parties. User is solely responsible for the use of his/her User Account, as well as for all actions and statements made via his/her User Account.

In no event shall Fitia be held responsible in case of identity theft of a user, as it does not have the technical resources to systematically verify the identity of individuals.

User will be asked to complete the requested information. That is, specifically their gender, age, height, weight, level of physical activity and anthropometric measurements (the latter is optional).

In case of registration using “Sign in with Facebook”, the Fitia App may directly import the use of Facebook profile data (namely information related to User such as email address, first names, last names and profile picture, etc.), which User accepts. User can manage the confidentiality settings of his/her information on the Facebook site.

In case of registration using "Sign in with Google", the Fitia App may import the basic Google profile information authorized by User (including, among others, email address, name, and profile picture), which User accepts. User acknowledges that the use of this feature is subject to the terms and privacy policy of Google LLC, and that User may manage the permissions granted from his/her Google account. Fitia shall not be liable for the non-delivery of communications resulting from the revocation of permissions or the deactivation of the Google account by User or by Google.

In case of registration using “Sign in with Apple”, User may choose to share his/her real email address or to use the “Hide My Email” anonymous email feature offered by Apple, which generates an anonymous forwarding address. User acknowledges and accepts that, if User elects to use an anonymous or forwarding address, Fitia will communicate with User solely through such address, and Fitia shall not be liable for the non-receipt of communications, transactional, security, account-recovery or service notifications resulting from the configuration, deactivation, expiration, blocking or filtering of such address by User or by Apple. The “Sign in with Apple” functionality is operated by Apple Inc., and its use is subject to Apple’s terms and policies.

User may also spontaneously communicate certain information within the scope of using the Fitia App, especially in relation to his/her activities, weight and meals.

The information provided to Fitia is collected and processed in accordance with the confidentiality policy detailed in article 10. User guarantees that the data provided at the time of registration and afterwards, on a required or optional basis, are accurate, true and in accordance with reality.

Fitia will in no event be held responsible for the provision of false or incomplete information by user, or its consequences.

ARTICLE 4. APP FEATURES AND SUBSCRIPTIONS

Some of the features of the Fitia App are accessible free of charge. Other features are subject to a paid subscription. Many subscriptions are available on the Fitia App, whose details (such as price, duration and Services covered) are specified on the Fitia App. The Fitia App may offer, in its sole discretion, a free trial period.

The purchase of a Subscription may involve the provision of additional information. The price of the Subscription is the prevailing rate displayed on the Fitia App at the time of the Subscription and will be charged at the time of activation of the Subscription, unless User is on a free trial period. If that is the case, it will be charged at the end of the trial period (unless early termination).

User represents that he/she is fully authorized to use the payment method he/she uses and that he/she has enough funds to cover the cost of the Subscription. In no event shall Fitia be liable for fraudulent use of a bank card or the User's Account.

The duration of the Subscription begins at the time of activation of the Subscription and shall be in effect for the duration chosen by Subscriber.

Cancellation: Subscriber is informed and acknowledges that the Services are offered through digital content, without material support and that the performance of the Services begins at the moment of the Subscription of the service, with the prior agreement of Subscriber.

As such, by using the services, Subscriber acknowledges that he/she expressly waives his/her right of revocation.

In the event that there is any element referring to billing about which a difference of opinion arises with Fitia, Subscriber agrees to inform us as soon as possible, never later than 15 days after the actual billing by Fitia.

The Fitia App and/or Website may include links to other services, websites, apps, including third party advertisements on our service.

We are not responsible for such third party services and make no claims or give assurances in this regard. You agree that Fitia shall not be liable for any damages or losses incurred in connection with your access to or use of services linked from the Website or the Fitia App.

Communications, Emails and Notifications. By creating a User Account and using the Fitia App, User expressly agrees to receive, through the email address associated with his/her account, push notifications, in-app notifications and other electronic means: (i) transactional and service-related communications, including confirmations, changes to the Terms or Policies, account recovery, billing, subscriptions and security notices; (ii) usage reminders, progress, goal, food- and activity-log notifications and other notifications related to the regular use of the Fitia App; and (iii) promotional communications, offers, discounts, product news and commercial content from Fitia or its partners. User may manage or opt out of promotional communications and push/in-app notifications through the settings of the Fitia App or of his/her device, as applicable. Transactional, security and service-related communications are necessary for the provision of the Services and cannot be disabled while User maintains an active User Account.

ARTICLE 5. USER AND SUBSCRIBER LIABILITIES

User agrees and undertakes not to make use of the Fitia App that may be detrimental to Fitia, to the operation of the Fitia App, to third parties or to the laws in force, and these Terms of Service.

User shall not publish on or via the Fitia App any content that violates law in force or the rights of third parties. Fitia does not monitor User content uploaded on/via the Fitia App, but reserves the right to remove any User content at any time, with or without cause. Each User shall be solely responsible for the information he/she posts on or via the Fitia App and guarantees us that such information is true, current and does not violate any rights of any third party or is not subject to any confidentiality agreements.

User grants Fitia a free, perpetual, worldwide license to display and publicly disclose this information via the Fitia App and the Website, as well as to modify it in any manner necessary to convey such information.

User acknowledges and guarantees that all statements made in these Terms of Service, including the preamble and on the Fitia App are accurate.

ARTICLE 6. INTELLECTUAL PROPERTY

Fitia owns all rights and/or legally operates the Fitia App and its contents regarding User. User acknowledges that patents, trademarks, models, copyrights or other intellectual property rights relating to the Fitia App, including all modifications, translations, adaptations, improvements, corrections, updates or new versions, and derivative works are and shall at all times remain reserved to Fitia.

User agrees to use the Fitia App in accordance with the Terms of Service and not to violate in any way whatsoever the property rights of Fitia. Such violation may result in legal action and termination of this Agreement.

Subject to compliance with the Terms of Service, Fitia grants User a personal, limited, temporary, non-transferable, non-exclusive, downloadable license to install and use the Fitia App in executable form on the User's Device. Any use not authorized in the Terms of Service is prohibited.

Particularly but without limitation, User is prohibited from:

1. Installing the Fitia App and/or using it for purposes other than those specified in this Agreement, and specifically for illegal or commercial purposes;

2. Copy, replicate, modify in any way, incorporate into another product, part or all of the Fitia App even to correct any errors it may contain, this right shall be reserved to Fitia except for copies authorized by law;

3. Disassemble, nor reverse engineer, attempt to discover the source code (strictly confidential) and/or specific data files of the Fitia App, including to make it interoperable with other hardware or software than those mentioned in article 1.

4. Distribute, give, sell, sublicense or otherwise transfer, even free of charge, all or part of the rights granted by this Agreement, by any means, to any individual; as such, User undertakes to delete the Fitia App from his/her Device in the event that it would transfer ownership or control to a third party; and

5. Remove, conceal or alter any ownership notices or trademarks set on the credits of the Fitia App.

ARTICLE 7. WARRANTIES AND LIABILITIES

Fitia will make every effort to allow continuous access to the Fitia App and provide accurate information, except for required interruption under maintenance, possible breakdowns, technical or legal restrictions.

The Fitia App arises from a particularly complex area of information technology and the field of nutrition focused on the optimization of body composition. No warranty other than those described in these Terms of Service can be granted to User. In particular, the suitability of the Fitia App for all needs and requirements of User at its own discretion or the continuous operation of the Fitia App without errors or damage cannot be guaranteed.

User acknowledges that the Services and activities of Fitia, which is not a healthcare professional, do not in any way enter into any advice, counsel, diagnosis or prescription and that the Services are solely general nutrition programs that do not constitute, and are not intended to constitute, and not to be considered medical advice or prescriptions. None of the Services offered may be considered medical advice, a diagnosis, or treatment or a prescription. User should in any case consult his/her physician or a health care professional regarding his/her health condition.

The Services are guidelines on meal plans with the purpose of improving body composition. User is advised to check several sources of information and seek the advice of his/her physician regarding his/her health condition before following the programs. User agrees that Fitia shall not be liable for any physical or mental injury or illness that may result, directly or indirectly, from any of the recommended meal plans.

Without limiting the generality of the foregoing, the Fitia App is not designed or intended to diagnose, treat, cure, prevent, or manage any disease, medical condition, or nutritional deficiency, and User acknowledges that the Fitia App does not constitute a medical device. Fitia does not warrant that any recipe, ingredient substitution, or suggested meal plan is appropriate for any particular person, and User is solely responsible for independently verifying the composition, ingredients, and allergens of the specific generic or commercial products User purchases and consumes, including reading the product label before each consumption. To the fullest extent permitted by applicable law, Fitia shall not be liable for any damages, injury, allergic reaction, anaphylaxis, adverse reaction, pregnancy complication, pregnancy loss, effect on breastfeeding or on the nursing infant, hospitalization, death, eating disorder, metabolic disorder, nutritional deficiency, or any other physical or mental health outcome that may result, directly or indirectly, from User’s use of the Fitia App, the meal planning feature, food suggestions, macronutrient or calorie tracking, the composition or labeling of any commercial product purchased by User, or User’s reliance on any information, content, or suggestion provided through the App. Users who are pregnant, breastfeeding, who have any food allergy, intolerance, chronic medical condition, eating disorder (current or historical), or who are taking medication, must consult a qualified healthcare professional before using the App and before following any meal plan generated by it.

Fitia assumes the obligation of means in the performance of the Agreement and shall not be liable for any faults in the operation of the Fitia App by the mere fact of its existence, nor for any results that may be achieved through the use of the Fitia App.

Support, maintenance and updating of the Fitia App for the benefit of User are not included in the license foreseen in these Terms of Service. Therefore, User acknowledges that Fitia has no obligation to provide maintenance and support services for the Fitia App.

Fitia cannot be held liable for third party content possibly accessible via the Fitia App, for its accuracy, legality, quality or its good character and in general terms cannot guarantee content and services by third parties via the Fitia App. Such content or services are governed by the applicable provisions and conditions, of which Fitia is not a party. Hyperlinks to other websites are for guidance only but may change at the will of such third parties.

To the fullest extent permitted by applicable law, Fitia shall not be liable for any damages arising from the use of the Fitia App that do not comply with these Terms of Service, the advice of User's own and any doctors or health professionals, nor for any technical problems of User on its Device. Fitia shall not be liable if for any reason beyond its control, the Fitia App is inaccessible or of poor quality, in particular due to User, its Device or the means of accessing and using the Fitia App.

User is solely responsible for the use he/she makes of the Services and for the detrimental consequences thereof, in relation to Fitia or third parties, in particular in the event of non-compliance with his/her liabilities set forth in these Terms of Service.

The liability of each party shall be established only in case of predictable and consequential damage, resulting from a proven serious breach of their liabilities that is directly chargeable to them.

The operator of the Online Store has no warranty liability in respect of the Fitia App and any other claims, damages, losses, liabilities or expenses resulting from a fault of the Fitia App. No claims shall be enforceable against it, including (i) claims due to the product, (ii) claims relating to the Fitia App's violation of legal or regulatory requirements, (iii) claims relating to consumer protection or confidentiality and (iv) claims relating to infringement of a third party's intellectual property rights.

If the Fitia App fails to comply with any applicable warranty, User may send notice to Fitia.

Artificial Intelligence and Fitia Coach. User acknowledges and accepts that certain features of the Fitia App rely on artificial intelligence, including, without limitation: the calculation and estimation of calories, macronutrients and micronutrients; the recognition of foods from photographs; the generation of plans, recipes, substitutions and recommendations; the generation of images; and Fitia Coach, an AI-based conversational assistant focused on nutrition and physical activity, which may access User’s data for personalization purposes. Such features rely on models provided by third parties, including, among others, Google LLC, OpenAI L.L.C. and Anthropic PBC. All outputs generated by AI, including those of Fitia Coach, are strictly informational and referential, may contain errors, inaccuracies, omissions or “hallucinations”, and do not constitute medical, nutritional, psychological, pharmacological or any other kind of professional advice. User agrees not to make health decisions based solely on AI-generated outputs and to consult, whenever appropriate, a duly qualified professional. To the fullest extent permitted by applicable law, Fitia shall not be liable for (i) the accuracy or suitability of AI-generated outputs; (ii) decisions taken by User on the basis of such outputs; or (iii) acts or omissions of third-party AI providers.

ARTICLE 8. DURATION AND TERMINATION

User may at any time stop using the Fitia App by deleting the Fitia App from its Device.

The Subscription subscribed by Subscriber shall be applicable for the duration selected by the Subscriber from the offers provided and shall be extended by implicit agreement upon its termination for periods of the same duration, at the rate in force.

In case of termination, for any reason whatsoever, User shall stop using the Fitia App and destroy all copies possibly made. The provisions that should survive termination of the Agreement, by their nature or specifically, shall continue to apply for the applicable period of time.

Fitia reserves the right to modify, suspend or terminate the Service and/or the Fitia App, either in whole or any integral part thereof. Users who use the Fitia App do so with full knowledge and acceptance of such power by Fitia with respect to agreements, thereby agreeing not to take any action against Fitia as a result of its use of such power.

ARTICLE 9. CANCELLATIONS AND REFUNDS POLICY

9.1. Cancellations:

9.1.1. For Subscriptions Purchased via App Stores:

If you have purchased your subscription through the Apple App Store or Google Play, cancellations can be made directly through the respective store. Please follow the store’s procedures for managing and cancelling subscriptions.

9.1.2 For Subscriptions Purchased on Our Website:

Subscriptions purchased directly through our website can be cancelled by logging into your account and accessing the “Manage Subscription” section.

9.2. Refunds:

9.2.1. For Subscriptions Purchased via App Stores:

Refund requests for subscriptions purchased through the Apple App Store or Google Play should be directed to the respective store. Our company adheres to the terms of service of these platforms regarding refunds. Please consult their terms of service for detailed information on eligibility and procedures for requesting refunds.

9.2.2. For Subscriptions Purchased on Our Website:

If it’s been less than 48 hours since you bought a subscription through our website, you can request a refund. To request a refund, please contact our premium support team at premium@fitia.app with your account details and transaction information.

ARTICLE 10. CONFIDENTIALITY AND PRIVACY POLICY

The creation of a User Account and the provision of the Services require the collection by Fitia of a certain amount of personal data relating to User, as described in article 3.

The data collected are necessary for the performance of liabilities assumed by Fitia and the provision of the Services in relation to the exercise of the rights set forth in these Terms of Service. Fitia also uses personal data to create a customer database. User who does not wish to provide this information cannot use the Fitia App and receive the Services.

The individual responsible for the processing of such data is Fitia whose details are provided at the end of the Terms of Service, except for what concerns data related to the payment method that will be processed exclusively by such Online Store, which is solely responsible for the processing.

These personal data are kept by Fitia, as Service provider throughout the period of use and subscription of User in safe conditions, in accordance with the current measures offered by the standards. Fitia undertakes not to use them in any other context or disclose them to third parties. Fitia allows access to data to its technical service providers (hosting and email services, mailing) only with the consent of User, which he/she grants in these Terms of Service, or in cases provided by law.

Users' contact data are stored on the servers of the Fitia provider under safe conditions, in accordance with the current measures offered by the standards. User has the right to access, rectify his/her provided data, and to object to their processing. To do this, it will be deemed enough to make a request to Fitia, by sending an email or by mail to the address stated at the end of the Terms of Service, including a copy of your identity document or passport to provide evidence of your identity.

For more details, please review our Privacy Policy on the Fitia App or at www.fitia.app.

ARTICLE 11. FITIA SOCIAL AND USER-GENERATED CONTENT

11.1. Description. The Fitia App may include one or more social features (collectively, “Fitia Social”), which may enable Users to create public or semi-public profiles; post text, photos, videos, meals, workouts, progress updates, and other content (“User Content”); follow, comment on, or react to other Users’ content; exchange direct messages; join or form groups, communities, or challenges; and otherwise interact with other Users. Fitia Social is offered on an “as is” and “as available” basis, and Fitia may add, modify, suspend, restrict, or discontinue any or all Fitia Social features at any time, with or without notice, and without liability to User.

11.2. User Content; License. User is solely responsible for User Content that User posts, uploads, transmits, or otherwise makes available through Fitia Social. User represents and warrants that: (i) User owns or has obtained all necessary rights, licenses, consents, permissions, and releases to the User Content, including image and voice rights of individuals appearing in it, and has the authority to grant the license set forth below; (ii) the User Content does not and will not infringe, misappropriate, or violate any third party’s intellectual property, publicity, privacy, or other rights, or any applicable law or regulation; and (iii) the User Content is accurate and does not violate these Terms of Service. By making User Content available through Fitia Social, User grants Fitia and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, use, reproduce, modify (including to crop, adapt, or reformat for display), create derivative works from, communicate, publish, publicly display and perform, and distribute the User Content in connection with operating, promoting, and improving the Fitia App and the Services, including Fitia Social. This license continues for so long as User maintains the content on the Services and, with respect to content that has been shared with or republished by other Users, survives termination to the extent needed to preserve those Users’ experience and to comply with Fitia’s legal obligations.

11.3. Prohibited Conduct and Content. User agrees not to post, upload, transmit, or otherwise make available any User Content, and not to use Fitia Social in any manner, that: (a) is unlawful, defamatory, threatening, harassing, abusive, bullying, stalking, intimidating, or incites violence or terrorism; (b) is hateful, discriminatory, or attacks people based on race, ethnicity, national origin, religion, caste, sexual orientation, gender, gender identity, disability, or serious medical condition; (c) is sexually explicit, pornographic, or constitutes or encourages child sexual abuse material or the sexualization of minors; (d) promotes, glorifies, encourages, or provides instructions for self-harm, suicide, eating disorders (including anorexia nervosa, bulimia, orthorexia, or binge-eating), extreme weight loss or gain, unsafe or extreme diets, dangerous fasts, purging behavior, steroid or diuretic or laxative abuse, performance-enhancing drugs, or any other self-destructive behavior; (e) promotes so-called “pro-ana” or “pro-mia” content or other pro-eating-disorder communities, or body-shames self or others; (f) purports to provide medical, nutritional, psychological, pharmaceutical, or other professional advice, diagnosis, or treatment to other Users; (g) promotes or sells supplements, medications, weight-loss products, meal plans, coaching services, or other products or services (whether paid or unpaid) without Fitia’s prior express written consent; (h) impersonates any person or entity or misrepresents User’s affiliation with any person or entity; (i) infringes any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right; (j) violates the privacy rights of any third party, including by publishing, without consent, personal information such as home addresses, phone numbers, email addresses, government-issued identifiers, medical records, photographs of minors, or other sensitive personal data (“doxing”); (k) contains malware, viruses, or other harmful code, or interferes with or disrupts the Fitia App, Fitia Social, or any server or network; (l) uses automated means (bots, scrapers, crawlers) to access, collect, or scrape data from Fitia Social; or (m) otherwise violates any applicable law, regulation, or these Terms of Service.

11.4. No Medical, Nutritional, or Professional Advice Between Users. Fitia Social is a forum for informal, peer-to-peer interaction. Statements, opinions, recommendations, meal plans, workouts, or other content posted or exchanged between Users do not represent the views of Fitia, are not reviewed, verified, endorsed, or approved by Fitia, and shall under no circumstances be considered or relied upon as medical, nutritional, psychological, pharmaceutical, legal, financial, or other professional advice. Users who provide such content to other Users do so in their individual capacity and not as agents of Fitia. User acknowledges that reliance on any content provided by another User is at User’s sole risk, and Fitia expressly disclaims any and all liability for any loss, injury, illness, or damage arising therefrom. Users should always consult qualified licensed professionals regarding their health, diet, training, mental wellbeing, or other matters.

11.5. Moderation; No Obligation to Monitor. Fitia may, but has no obligation to, pre-screen, monitor, filter, edit, remove, block, restrict, refuse to publish, or otherwise moderate User Content or User conduct on Fitia Social, for any reason or no reason, at Fitia’s sole discretion. Fitia’s moderation actions (or lack thereof) do not constitute an endorsement of remaining content, a waiver of any right, or the assumption of any duty. To the extent applicable, Fitia claims all protections of Section 230 of the U.S. Communications Decency Act (47 U.S.C. § 230) and any analogous laws in other jurisdictions.

11.6. Health-Sensitive Content. User acknowledges that Fitia Social may include photographs, discussions, and content concerning food, exercise, and body composition. Such content, while intended to foster a supportive fitness community, may be triggering, upsetting, or otherwise inadvisable for certain Users, including Users who have or are at risk of eating disorders, body dysmorphic disorder, or other mental-health conditions. User uses Fitia Social at User’s own risk and is solely responsible for determining whether Fitia Social is appropriate for User’s circumstances. Users who are experiencing or at risk of an eating disorder, self-harm, or a mental-health crisis should discontinue use and consult a qualified mental-health professional; resources such as the National Alliance for Eating Disorders helpline (United States) or the equivalent body in User’s jurisdiction are available. Fitia shall not be liable for any mental-health, physical-health, or other harm arising out of or related to exposure to or interaction with User Content or other Users through Fitia Social.

11.7. Minimum Age. Fitia Social is restricted to Users who are of the age of majority in their jurisdiction and who, in any event, are at least 18 years of age. Fitia does not permit the use of Fitia Social by persons under 18, regardless of whether such User has general access to the Fitia App, and regardless of any purported authorization by a parent or legal guardian. By enabling or using Fitia Social, User expressly represents and warrants that User meets this age requirement. Fitia may, in its sole discretion, request age verification or identity documentation and may suspend or terminate access to Fitia Social (and, where appropriate, the User Account) of any User who does not meet, or cannot demonstrate compliance with, this requirement. Fitia cannot infallibly verify the age of all Users; if a parent or legal guardian identifies that a person under 18 is using Fitia Social, they must immediately notify support@fitia.app so that the relevant account can be removed.

11.8. Interactions with Other Users. User is solely responsible for User’s interactions with other Users through Fitia Social, including online and any offline meetings or activities. Fitia does not verify the identity, age, background, claimed qualifications (including fitness, nutrition, or medical credentials), or intentions of Users. Fitia is not responsible for the conduct of any User and expressly disclaims any liability for damages or losses that arise out of User’s interactions with other Users.

11.9. Reporting; Takedown. User may report User Content or User conduct that User believes violates these Terms of Service via the in-app reporting tools or by contacting support@fitia.app. Fitia will review reports at its discretion and may take (or decline to take) any action it deems appropriate. Fitia may, in its sole discretion, remove content, restrict features, suspend or terminate User Accounts, and report violations to law enforcement or other authorities without notice.

11.10. Copyright; DMCA-Style Notices. Fitia respects intellectual property rights. If User believes any User Content infringes User’s copyright, User may submit a notice to support@fitia.app including: (i) a physical or electronic signature of the rights holder or authorized agent; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and its location; (iv) contact information; (v) a statement of good-faith belief that the use is not authorized; and (vi) a statement under penalty of perjury that the information is accurate and that the notifier is authorized to act. Fitia may remove content it believes is infringing and may terminate repeat infringers.

11.11. Indemnification. User agrees to defend, indemnify, and hold harmless Fitia, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) User Content; (ii) User’s use of Fitia Social; (iii) User’s breach of these Terms of Service, including this Article 11; (iv) User’s violation of any rights of another, including any other User; or (v) User’s interactions with other Users.

11.12. Publicly Posted Content Is Public. User acknowledges that any User Content User posts to public or semi-public areas of Fitia Social may be viewed, copied, and redistributed by other Users and third parties, and may be indexed by search engines and AI systems. Once posted, content cannot always be fully retrieved or removed from copies held by others. User should exercise caution before sharing sensitive personal information, including health information, photographs, location, and identifying details.

11.13. Suspension and Termination of Social Access. Without limiting any other provision of these Terms of Service, Fitia may suspend or terminate any User’s access to Fitia Social, in whole or in part, at any time, with or without notice, for any reason or no reason, including for actual or suspected violations of these Terms of Service or applicable law. Termination of Fitia Social access may occur without terminating the underlying User Account or Subscription.

11.14. Specific Disclaimer and Limitation of Liability for Fitia Social. To the fullest extent permitted by applicable law, Fitia shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to Fitia Social, including, without limitation, damages resulting from (i) User Content or other content accessed by or exposed to the User; (ii) the conduct, posts, or messages of other Users; (iii) the loss, theft, unauthorized access to, or disclosure of information shared through Fitia Social; (iv) any eating disorder, mental-health issue, injury, or illness associated with interaction with Fitia Social; or (v) any action or omission arising from reliance on content posted by other Users.

ARTICLE 12. GENERAL PROVISIONS

12.1. Waiver: The fact that a Party waives to claim at a given time the strict performance by the other Party of any provision or condition of this Agreement shall not be considered a final waiver of such provision or condition.

12.2. Invalidity of a clause: If a clause of the Agreement is deemed invalid or unenforceable by virtue of a law or regulation or following an applicable decision of a competent authority, the parties expressly agree that the Agreement shall not be affected by the invalidity of such clause.

12.3. Applicable Law and Jurisdiction: This Agreement is governed by the laws of the State of Delaware, United States. In case of any disagreement or conflict between Fitia and the User regarding the validity, performance, breach, or interpretation of this Agreement, or in general, the relationship between Fitia and the User, the parties may first seek to resolve the matter through mediation or any other alternative dispute resolution method available in the User’s place of residence.

If an amicable resolution cannot be reached, any dispute shall be submitted to the competent courts of the State of Delaware or the courts of the User’s place of residence, as allowed by applicable law. Both Fitia and the User retain the right to initiate legal proceedings in any such competent jurisdiction.

‍ARTICLE 13. CONTACT INFORMATION

Users may contact Fitia via email address at support@fitia.app.