Terms of Service

Welcome to Fitty Up. These Terms of Service ("Terms") govern your use of the Fitty Up mobile application ("App") and related services provided by Fitty Up ("we," "our," or "us"). By downloading, installing, or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the App, you confirm that you are at least 13 years of age and agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use the App.

2. Description of Service

Fitty Up is an AI-powered nutrition and fitness tracking application that provides:

• AI-based food recognition and calorie tracking
• Nutrition and macro tracking dashboards
• AI nutrition assistant (Numi)
• Workout and activity tracking
• Intermittent fasting timer
• Water intake tracking
• Progress analytics and insights
• Nutrition courses and educational content

3. User Accounts

To use certain features of the App, you must create an account. You are responsible for:

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

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscriptions and Payments

4.1 Free and Pro Tiers

The App offers a free tier with basic features and a Pro subscription with enhanced features. Pro features include unlimited AI interactions, advanced analytics, all workout types, and more.

4.2 Billing

Pro subscriptions are billed through Apple's App Store. By subscribing, you agree to the pricing displayed at the time of purchase. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.

4.3 Cancellation and Refunds

You may cancel your subscription at any time through your Apple ID settings. Upon cancellation, you will retain Pro access until the end of your current billing period. Refunds are handled by Apple according to their refund policies.

5. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the App's functionality
• Reverse engineer, decompile, or disassemble the App
• Use automated systems or bots to access the App
• Upload malicious content or attempt to exploit AI features
• Misrepresent your identity or impersonate others
• Use the App to harass, abuse, or harm others

6. AI Features Disclaimer

The App uses artificial intelligence to provide food recognition, nutrition estimates, and health-related suggestions. Please be aware that:

• AI-generated nutrition data is an estimate and may not be 100% accurate
• AI suggestions are for informational purposes only and do not constitute medical or nutritional advice
• You should consult a qualified healthcare professional before making significant changes to your diet or exercise routine
• We are not responsible for health outcomes resulting from reliance on AI-generated information

7. Intellectual Property

The App, including its design, features, content, and underlying technology, is owned by Fitty Up and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

8. User Content

You retain ownership of content you create within the App (food logs, photos, etc.). By using the App, you grant us a limited license to process your content as necessary to provide our services (e.g., sending photos to AI for analysis).

9. Limitation of Liability

To the maximum extent permitted by law:

• The App is provided "as is" without warranties of any kind
• We do not guarantee uninterrupted or error-free service
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount you paid for the App in the 12 months preceding the claim

10. Indemnification

You agree to indemnify and hold harmless Fitty Up and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the App or violation of these Terms.

11. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes through the App or by email. Your continued use of the App after changes constitutes acceptance of the updated Terms.

12. Termination

We may terminate or suspend your access to the App at any time for violation of these Terms. Upon termination, your right to use the App ceases immediately. Provisions that by their nature should survive termination will remain in effect.

13. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws. Any disputes arising from these Terms or your use of the App shall be resolved through good-faith negotiation first, and if necessary, through binding arbitration.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@fittyup.app