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 https://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 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
The consumption of the food specified by the application may not be recommended for certain individuals, depending on their health status (especially people who are unfit or have health problems, pregnant or breastfeeding women, or those who require a specific diet, etc.). Before using the services, you should seek the advice of a doctor or healthcare professional.
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.
- They are in good health and physically able to follow the nutrition plans provided by the Fitia App.
- They have consulted a physician who has confirmed that they may consume the foods indicated in the Fitia App.
- The information they provide through the Fitia App is accurate and complete.
- They have no history of heart disease, high blood pressure, high cholesterol, arthritis, diabetes, or other similar conditions, nor any family history of such conditions.
- To the best of their knowledge, there is no medical condition, dietary restriction, allergy, belief, or any other circumstance that would prevent or advise against following the nutrition plans generated by the Fitia App.
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 https://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.
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.
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, or via his/her Facebook account. 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 with your Facebook account, 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.
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.
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.
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.
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 https://fitia.app
ARTICLE 11. GENERAL PROVISIONS
11.1. 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.
11.2. 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.
11.3. 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 12. CONTACT INFORMATION
Users may contact Fitia via email address at support@fitia.app .