Terms of Service

Last updated: March 12, 2026

The short version

This is a simplified summary - the full terms below are what actually apply.

You must be 16+ to use Fitly AI.
Fitly AI is not medical advice. Consult a doctor before starting any fitness or diet program. You exercise at your own risk.
You own your data. You grant us a license to use it to run the service, train our AI models, and create anonymized datasets.
We may share anonymized data(that can't identify you) with third parties for research and analytics.
You can opt out of model training by emailing privacy@fitly.chat.
AI-generated content (meal plans, workouts, nutrition estimates) may be inaccurate - use your own judgment.
We bill through Stripe. Cancel anytime - but no partial refunds.
We can update these terms with 15 days' notice. Continuing to use the app means you accept the changes.

These Terms of Service ("Terms") govern your use of the Fitly AI application and website (the "Service") operated by Fitly AI ("Fitly," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms.

1. Eligibility

You must be at least 16 years old to use the Service. By using Fitly AI, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

2. Account Registration

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate, current information and to notify us promptly of any unauthorized use of your account.

3. Description of Service

Fitly AI is an AI-powered fitness and nutrition coaching platform. The Service provides:

Conversational AI coaching for fitness and nutrition
Meal and workout logging via natural language
AI-generated meal plans and workout programs
Progress tracking and data visualization
Photo-based food recognition and progress tracking

4. Not Medical Advice & Assumption of Risk

The Service does not provide medical advice, diagnosis, or treatment. Fitly AI is a fitness and nutrition information tool, not a healthcare provider. The AI coach provides general fitness and nutrition guidance based on information you provide.

You should consult a qualified healthcare professional before starting any diet or exercise program, especially if you have pre-existing health conditions, injuries, or are pregnant or nursing. Always seek the advice of your physician with any questions regarding a medical condition.

AI-generated nutritional estimates (calories, macronutrients) are approximations and may not be perfectly accurate. Do not rely on these estimates for medical dietary requirements.

You expressly acknowledge and agree that physical exercise carries inherent risks, including but not limited to physical injury, disability, and death. By using workout recommendations, exercise programs, or any fitness-related guidance provided by the Service, you voluntarily assume all risks associated with such activities. You acknowledge that Fitly AI is not responsible for any injury, illness, or health condition that may result from following AI-generated fitness or nutrition recommendations. You are solely responsible for evaluating your own physical condition and determining whether any exercise or dietary recommendation is appropriate for you.

5. Subscriptions & Payments

Free & Paid Tiers

Fitly AI offers a free tier with limited functionality and paid subscription tiers with full access to AI coaching features. Available plans and pricing are displayed within the app and on our website.

Billing

Paid subscriptions are billed in advance on a monthly or annual basis through Stripe. By subscribing, you authorize us to charge the payment method on file for recurring subscription fees.

Cancellation

You may cancel your subscription at any time through the Stripe Customer Portal accessible from the app. Upon cancellation, your subscription will remain active until the end of the current billing period. No refunds are provided for partial billing periods.

Price Changes

We reserve the right to change subscription pricing. We will provide at least 30 days' notice of price changes. Your continued subscription after a price change constitutes acceptance of the new pricing.

6. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable laws
Attempt to gain unauthorized access to the Service, other accounts, or our systems
Interfere with or disrupt the Service or servers/networks connected to the Service
Use automated tools (bots, scrapers) to access the Service without our written permission
Reverse engineer, decompile, or disassemble any part of the Service
Upload content that is harmful, abusive, or violates the rights of others
Share your account credentials with others or create multiple accounts

User-generated content. You are solely responsible for all content you upload, submit, or transmit through the Service, including photos, text, and other data. We do not endorse, verify, or assume liability for any user-generated content. We reserve the right to remove or disable access to any content at our sole discretion, without prior notice, for any reason, including content that we believe violates these Terms or is otherwise objectionable.

7. Your Data & Content

You retain ownership of all data you submit to the Service (meals, workouts, photos, profile information, conversations). By using the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, process, store, display, reproduce, and create derivative works from this data as necessary to:

Provide, maintain, and improve the Service
Train, fine-tune, and improve our AI models and algorithms, including machine learning models used for coaching, meal recognition, and nutritional analysis
Develop new features, products, and services
Generate anonymized, aggregated, or de-identified datasets for internal analytics, research, and sharing with third parties (see below)

We may share anonymized, aggregated, or de-identified data - which cannot reasonably be used to identify you - with third parties for research, analytics, industry benchmarking, and other lawful purposes. This anonymized data is not subject to the restrictions on personal data in these Terms.

You may opt out of having your data used for model training by contacting us at privacy@fitly.chat. Opting out will not affect the core functionality of the Service, but may limit our ability to improve personalized recommendations for you.

License survival. The license you grant us with respect to anonymized, aggregated, or de-identified data, and any data that has already been incorporated into trained AI models, published research, or aggregated datasets, shall survive termination or deletion of your account. We are not required to delete or remove data that has already been de-identified, aggregated, or used in model training prior to your account deletion or opt-out request.

For details on how we collect, use, and protect your data, please review our Privacy Policy.

8. AI-Generated Content

The Service uses artificial intelligence to generate coaching responses, meal plans, workout programs, and nutritional estimates. You acknowledge that:

AI-generated content is provided "as is" and may contain inaccuracies or errors
Nutritional estimates are approximations and should not be relied upon for medical dietary needs
Workout recommendations should be adapted to your individual fitness level and any medical conditions
You are responsible for evaluating the suitability of any AI-generated advice for your individual circumstances
We do not guarantee the accuracy, completeness, or reliability of any AI-generated content and disclaim all liability for decisions you make based on such content

9. Third-Party Integrations

The Service integrates with third-party services including Stripe (payments), AI providers (Anthropic, OpenAI), and cloud infrastructure (AWS). Your use of these integrations is subject to their respective terms and policies.

If you connect external AI agents via our MCP (Model Context Protocol) server, you are responsible for understanding what data those agents access and how they use it. All MCP access is logged and auditable through the app.

Rate limits and fair use. We reserve the right to impose rate limits, usage quotas, or other restrictions on your use of the Service, including API and MCP access, to ensure fair use and maintain service quality for all users. We may throttle, suspend, or revoke access to any feature - including MCP integrations - at our discretion if we determine that usage is excessive, abusive, or negatively impacting the Service.

10. Intellectual Property

The Service, including its design, code, AI models, branding, and content (excluding your user data), is owned by Fitly AI and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our written permission.

11. Service Availability

We strive to keep the Service available and reliable, but we do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

New or experimental features may be released as previews and can change, be removed, or behave differently from the documented behavior of the rest of the Service.

12. Limitation of Liability

To the maximum extent permitted by law, Fitly AI and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, personal injury, bodily harm, or property damage arising from your use of or inability to use the Service, any AI-generated content or recommendations, or any unauthorized access to or alteration of your data.

Our total aggregate liability for any and all claims related to the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) fifty Canadian dollars (CAD $50).

13. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components.

14. Indemnification

You agree to indemnify, defend, and hold harmless Fitly AI and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any content you upload or submit to the Service; or (e) your infringement of any third-party rights.

15. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion, with or without notice. Upon termination, your right to use the Service ceases immediately.

You may delete your account at any time by contacting us at support@fitly.chat. Upon account deletion, your personal data will be removed in accordance with our Privacy Policy, subject to the license survival provisions in Section 7.

Survival. The following provisions shall survive termination or expiration of these Terms: Sections 4 (Not Medical Advice & Assumption of Risk), 7 (Your Data & Content), 8 (AI-Generated Content), 10 (Intellectual Property), 12 (Limitation of Liability), 13 (Disclaimer of Warranties), 14 (Indemnification), 16 (Dispute Resolution), 17 (Governing Law), and 20-23 (General Provisions).

16. Dispute Resolution

Informal Resolution

Before filing any formal legal action, you agree to first contact us at legal@fitly.chat and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered in accordance with the applicable rules of the ADR Institute of Canada (or a mutually agreed alternative arbitration provider). The arbitration shall take place in the Province of Prince Edward Island, Canada, and shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Fitly AI.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or other irreparable harm.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Prince Edward Island and the federal laws of Canada applicable therein, without regard to conflict of law principles. To the extent that any legal proceedings are permitted outside of arbitration under these Terms, such proceedings shall be brought exclusively in the courts located in the Province of Prince Edward Island, Canada, and you consent to the personal jurisdiction of such courts.

18. Electronic Communications

By creating an account, you consent to receive electronic communications from us, including emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may manage your notification preferences in the app settings or by contacting us, but certain transactional and legal notices (such as changes to these Terms) cannot be opted out of while your account remains active.

19. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the app or via email at least 15 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and delete your account.

20. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of God, pandemics, epidemics, war, terrorism, government actions or orders, labor disputes, power outages, internet or telecommunications failures, failures of third-party service providers (including AI providers and cloud infrastructure), cyberattacks, or any other event that is unforeseeable or beyond our reasonable control.

21. App Store Terms

If you access the Service through the Apple App Store or Google Play Store, the following additional terms apply:

These Terms are between you and Fitly AI only, not with Apple Inc. or Google LLC. Fitly AI, not Apple or Google, is solely responsible for the Service and its content.
Apple and Google have no obligation to provide maintenance or support services for the Service.
In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple or Google, and they may refund the purchase price (if any) for the app. To the maximum extent permitted by law, Apple and Google have no other warranty obligation with respect to the Service.
Apple and Google are not responsible for addressing any claims relating to the Service, including product liability claims, consumer protection claims, or intellectual property infringement claims.
Apple and Google and their subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.
You represent and warrant that you are not located in a country subject to a U.S. or Canadian government embargo and are not on any government list of prohibited or restricted parties.

22. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fitly AI regarding your use of the Service and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by Fitly AI. A waiver of any right on one occasion shall not be deemed a waiver of such right on any subsequent occasion.

Assignment

We may assign, transfer, or delegate our rights and obligations under these Terms, in whole or in part, at any time without notice or restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Export Compliance

You agree to comply with all applicable export and import laws and regulations, including Canadian and United States export controls. You shall not use or export the Service in violation of any applicable sanctions, embargoes, or trade restrictions.

23. Contact Us

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

legal@fitly.chat