Fitty Terms of Service
Last Updated: May 5, 2025
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. State School, LLC (together with our affiliates, "Fitty", "we", or "us") provides a personalized online fitness community and related products, services, content and features through: (i) Fitty websites, such as our pages (the "Fitty Site(s)"), (ii)mobile, desktop, or device applications (including iOS and Android applications requiring a Fitty account to access classes, content, and features ("Apps")) and (v) Fitty-controlled social media pages (including on Meta, Instagram, Snap, Spotify and X). To make these Terms of Service (the "Terms") easier to read, the Fitty Sites, Apps and Fitty-controlled social media pages are collectively called the "Fitty Service" or "the Services". We personalize content and features as part of the Services to improve your experience, including showing you recommendations in the Service that might be of interest to you. By registering as a Fitty Member or by visiting, browsing, or using the Fitty Service in any way, and having your usual residence in the US or Canada, you (as a "user") accept and agree to be bound by these Terms, which form a binding agreement between you and Fitty.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 20). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND Fitty WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by these Terms, you may not access or use the Fitty Service. Certain elements of the Fitty Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Fitty Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
1. Fitty Eligibility Requirements
Age Requirement. You must be at least 18 years old to become to use the Fitty Service.
We may, in our sole discretion, refuse to offer the Fitty Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Fitty Service is revoked where these Terms or use of the Fitty Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Fitty Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
2. License to Use the Fitty Service
License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Fitty Service, Fitty grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Fitty Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the Fitty Service and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.
Restrictions. Except as expressly permitted in writing by an authorized representative of Fitty, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Fitty Service, nor will you take any measures to interfere with or damage the Fitty Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Fitty Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Fitty in these Terms are reserved.
3. Privacy
Please review the Privacy Policy to learn about:
What information we may collect about you;
What we use that information for; and
With whom we share that information.
4. Membership Requirements Registration
Profile Information and Picture. You may not use someone else's name or any name, location, or other public profile information, or image that violates any third-party rights, is against the law, or is offensive, obscene, or otherwise objectionable (in Fitty’s sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account; this includes furnishing your username and password to third-party developed applications to connect to your account for any reason. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Fitty Service. If you become aware of unauthorized access to your account, change your password and notify our Support team immediately.
5. Membership Structure and Fees
Features and prices are subject to change.
6. Sale of Products, Services, and Memberships
Any errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Fitty Site or App or to your email address after your payment has been processed.
Any Fitty Membership cannot be assigned, transferred, purchased or sold, redeemed for cash or credit or any other monetary value or currency, or used to pay debts by the recipient.
7. Termination; Account Deletion
Term. These Terms begin on the date you first use the Fitty Service and continue as long as you have an account with us and/or continue to use the Fitty Service.
Termination. Fitty may, in FItty's sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content that you submitted, for any lawful reason, including if Fitty determines that you have violated these Terms or that your conduct or User Content would tend to damage Fitty's reputation or goodwill. Fitty may block your access to the Fitty Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Fitty will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section 12), No Warranties (Section 15), Limitation of Liability (Section 16), Safety Warnings (Section 17), Intellectual Property (Section 18), Arbitration Requirement & Class Action Waiver (Section 20), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and Fitty is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all Content or features provided through the Fitty Service. Fitty, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
8. User Content
"Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Fitty Service. "User Content" means any content that users (including you) provide to be made available through the Fitty Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the Fitty Service is at your own risk, and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties, or guarantees with respect to any Content that you access on or through the Fitty Service.
As between you and Fitty, you represent that you own (or have all rights necessary to grant Fitty the rights below to) all User Content that you submit to the Fitty Service and that Fitty will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Fitty a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called "moral rights" or rights of privacy or publicity in your User Content. You further grant all users of the Fitty Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Fitty or through the Fitty Service about improving or adding new features or products to the Fitty Service or you otherwise provide feedback, product or service reviews, or testimonials, you hereby grant to Fitty a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews, and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on the Fitty Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
9. Rights and Terms for Apps
Rights in App Granted. Subject to your compliance with these Terms, Fitty grants to you a limited, non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
copy, modify, or create derivative works based on the App;
distribute, transfer, sublicense, lease, lend or rent the App to any third party;
reverse engineer, decompile, or disassemble the App; or
make the functionality of the App available to multiple users through any means.
Fitty reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an "App Provider"). You acknowledge and agree that:
These Terms are between you and Fitty, and not with the App Provider, and Fitty (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Fitty.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
product liability claims;
any claim that the App fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Fitty will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that
you are not located in a country or region that is subject to a U.S. Government embargo, or comprehensive economic sanctions, that has been designated by the U.S. Government as a terrorist-supporting country;
you are not the subject of U.S. sanctions or of sanctions Fitty with U.S. law imposed by the governments of the country where you are using Fitty Services;
you agree to comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Fitty Services), technology, and services;
you are not listed in any U.S. Government list of denied, prohibited or restricted parties, in particular the Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List;
you are not an individual or associated with an entity designated under the UK's Terrorist Asset-Freezing, etc. Act 2010 (TAFA 2010); and
you are not otherwise subject to or affected in any way by any national security or terrorism related rules, whether applicable to you personally or to your location or other circumstances.
You must also comply with all applicable third-party terms of service when using the App.
10. General Prohibitions and Fitty's Enforcement Rights
You agree not to do any of the following:
Post, upload, publish, submit, or transmit any User Content or engage in any activity that:
infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading, or deceptive;
is defamatory, obscene, pornographic, vulgar, or offensive;
promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
exploits minors or
promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Fitty Service or any individual element within the Fitty Service, Fitty name, any Fitty trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Fitty’s express written consent;
Access, tamper with, or use non-public areas of the Fitty Service, Fitty’s computer systems, or the technical delivery systems of Fitty’s providers;
Attempt to probe, scan or test the vulnerability of any Fitty system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Fitty or any of Fitty’s providers or any other third party (including another user) to protect the Fitty Service or Content;
Bypass any territorial restrictions, including IP address-based restrictions that may be applied to the Fitty Service;
Attempt to access, scrape or search the Fitty Service or Content or download Content from the Fitty Service, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Fitty or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Fitty trademark, logo URL, or product name without Fitty’s express written consent;
Use the Fitty Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Fitty;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Fitty Service or Content to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Fitty Service or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Fitty Service;
Collect or store any personally identifiable information from the Fitty Service from other users of the Fitty Service without their express permission;
Copy, use, index, disclose or distribute any information or data obtained from the Fitty Service, whether directly or through third parties (such as search engines), without Fitty’s express written consent;
Alter, replicate, store, distribute, or create derivatives from the Content available via the Fitty Service except as expressly permitted in writing by Fitty;
Impersonate or misrepresent your affiliation with any person or entity;
Access, use, or exploit the Fitty Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Fitty or the Fitty Service;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Fitty Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Fitty Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Fitty Service and Fitty’s systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Fitty Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. Member Interactions, Dealings with Third Parties
When interacting with other Fitty members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don't know. Your participation, correspondence or personal or business dealings with any third party found on or through the Fitty Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Fitty is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. In addition, when visiting or taking classes at any of our studios, please be advised that Fitty is not responsible for any lost or stolen items and that visitors, guests and members are required to adhere to then-current policies in place at that studio and the directions of that studio's employees and representatives.
12. Indemnification
You agree to indemnify, defend, and hold harmless Fitty and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to
your activities on the Fitty Service,
any User Content submitted by or on behalf of you or
your violation of these Terms.
13. Third Party Software and Applications
Downloading and/or installing any third party software and/or applications that are not expressly authorized by Fitty on any Fitty hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by Fitty.
14. Third Party Links and Content
There may be links on the Fitty Service that let you leave the particular Fitty Service you are accessing in order to access a linked site or application that is operated by a third party. In order to facilitate these services, Fitty may receive or provide certain data to ensure compatibility and access (please see our Privacy Policy for more information on our data practices). Fitty does not control any third party site and may not have reviewed or approved the content that appears on them. Fitty is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that Fitty is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
15. No Warranties
Fitty reserves the right to modify the Fitty Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Fitty Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Fitty Service. Fitty has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Fitty Service is suitable for all users or that it will continue to be available for any length of time.
Fitty provides the Fitty Service on an "AS IS" and "AS AVAILABLE" basis. You therefore use the Fitty Service at your own risk. Other than as expressly provided in writing by Fitty in connection with your purchase of a Fitty product, to the extent permitted by law, Fitty expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Fitty makes no representations or warranties:
That the Fitty Service is or will be permitted in your jurisdiction;
That the Fitty Service will be uninterrupted or error-free;
Concerning any Content, including User Content;
Concerning any third party's use of User Content that you submit;
That the Fitty Service will meet your personal or professional needs;
That Fitty will continue to support any particular feature of the Fitty Service; or
Concerning sites and resources outside of the Fitty Service, even if linked to from the Fitty Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 5 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE FITTY SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
16. Limitation of Liability
To the fullest extent permitted by law:
Fitty shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Fitty Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
Fitty’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Fitty over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Fitty's limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Fitty and you.
17. Safety Warnings
THE FITTY SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE FITTY SITE OR HEARD ON THE FITTY SERVICE OR SEEN OR HEARD IN PROMOTIONAL MATERIALS. THE USE OF INFORMATION PROVIDED THROUGH THE FITTY SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE FITTY SITE OR AVAILABLE THROUGH ANY FITTY SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE Fitty SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, FITTY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE FITTY SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of Fitty with the intent of using the Fitty Service, you affirm that either (A) all of the following statements are true:
no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
you have never felt chest pain when engaging in physical activity;
you have not experienced chest pain when not engaged in physical activity at any time within the past month;
you have never lost your balance because of dizziness and you have never lost consciousness;
you do not have a bone or joint problem that could be made worse by a change in your physical activity;
your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
you do not know of any other reason you should not exercise; or
(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Fitty Service.
If applicable, you further affirm that
you are not pregnant, breastfeeding or lactating; unless
your physician or general practitioner has been specifically consulted and approved your use of the Fitty Service.
Fitty reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
18. Intellectual Property Acknowledgment
You acknowledge and agree that your use of the Fitty Services, including all content and features therein, is subject to your ongoing compliance with Fitty’s intellectual property rights and applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). The Fitty Service includes software, audio, video, visual design elements, and other content protected by copyrights, trademarks, patents, trade secrets, and other proprietary rights. All content provided through the Fitty Service—whether created by Fitty or provided by its partners and licensors—is protected under U.S. and international intellectual property laws. As between you and Fitty, Fitty retains all intellectual property rights in the selection, coordination, arrangement, and enhancement of the content offered through the Service.
If you believe that any content on the Fitty Service infringes your copyright, you may notify us by providing a written notice with the following information: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the material that is claimed to be infringing; (3) your contact information; (4) a statement that you have a good-faith belief that the use is unauthorized; (5) a statement under penalty of perjury that the information in your notice is accurate; and (6) your physical or electronic signature. Notices can be sent to:sam@bitfittytoday.com.
19. Intellectual Property Usage and Reporting Infringement
Fitty respects the intellectual property rights of others and expects all users to do the same. You are solely responsible for ensuring that any content you upload, submit, or share through the Fitty Services (“User Content”) does not infringe or violate the rights of any third party, including copyrights, trademarks, or other intellectual property rights.
If you believe that any content available through the Fitty Services infringes your copyright or other intellectual property rights, you may submit a notice by providing the following information:
A description of the copyrighted work or other intellectual property you claim has been infringed;
Identification of the material that you claim is infringing, including information reasonably sufficient to allow us to locate the material;
Your name, address, telephone number, and email address;
A statement that you have a good-faith belief that the use of the material is not authorized by the rights owner, its agent, or the law;
A statement that the information in your notice is accurate and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the intellectual property that is allegedly being infringed; and Your physical or electronic signature.
Notices can be sent to: sam@befittytoday.com.
20. ARBITRATION AGREEMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
1 . Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Content, or Fitty connected fitness products, equipment, apparel or accessories (each, a "Dispute" and collectively, the "Disputes") will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Section 20, and not in a class, representative or consolidated action or proceeding. You and Fitty agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the Fitty entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that YOU AND Fitty ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section 20 shall survive the termination of these Terms.
2 . Exceptions and Opt-out Option. The only exceptions to Section 20 are the following:
you or Fitty each may seek to resolve an individual Dispute in small claims court if it qualifies.
you or Fitty each may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
you may opt out of arbitration entirely and litigate any Dispute individually if you provide us with a signed, written notice of your decision to do so pursuant to Section 20.9 below; however, if you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.
3 . Initial Dispute Resolution and Notification. You and Fitty agree that, prior to initiating an arbitration or other legal proceeding, you and Fitty will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Fitty, you must send a Notice of Dispute ("Notice") by certified mail to the attention of Fitty’s Legal Department at the Fitty address set out in Section 24 of these Terms. For purposes of these Terms, initiating an arbitration means filing an arbitration demand ("Demand").
Your Notice to Fitty must contain all of the following information: (1) your full name, address, Fitty username, and the email address associated with your Fitty account; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Fitty to disclose information about you to your attorney.
After receipt of your Notice, you and Fitty shall engage in a good-faith effort to resolve the dispute for a period of 120 days, which both sides may extend by written agreement ("Informal Dispute Resolution Period"). During the Informal Dispute Resolution Period, neither you nor Fitty may initiate an arbitration or other legal proceeding.
If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.
4 . Conducting Arbitration and Arbitration Rules. Any arbitration must be initiated with and conducted by National Arbitration & Mediation ("NAM") pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the "NAM Rules"), except as modified by these Terms. The NAM Rules are available at www.NAMADR.org, by calling NAM at 1-800-358-2550. In any instance where the applicable NAM Rules and these Terms are inconsistent, these Terms shall control.
An arbitration Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Section 20.
If NAM fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator.
Any arbitration hearing will take place in or nearest to the county or municipality where you live, unless you and Fitty agree to a different location or to a virtual hearing.
The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement, except that only a court of competent jurisdiction as set forth in Section 21 of these Terms (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these Terms or the Mass Filing procedures set forth in Section 20.5 below are unenforceable, unconscionable, void, or voidable.
5 . Mass Filing Procedures. YOU AND FITTY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. Fitty's receipt of one or more Notice(s) of substantially similar claims brought by or on behalf of 25 or more claimants (including you) within a 60-day period ("Mass Filing") shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures ("NAM Mass Filing Rules", available at https://www.namadr.com/resources/rules-fees-forms/") to the extent not contrary to these Terms. If a court determines that this Section 20.5 is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these Terms.
Batching: You and Fitty agree that your and other individuals' claims deemed by Fitty a Mass Filing may be filed with NAM in batches of no greater than 50 individuals' claims at one time, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for you and other claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by Fitty. After your claim is batched and permitted to be filed as a Demand, you and Fitty agree that selection and appointment of an arbitrator for your Demand shall be governed by the NAM Mass Filing Rules.
First (Bellwether) Batch: The first batch of up to 50 Demands are the Bellwether Arbitrations. If your claim is included in the Bellwether Arbitrations, you and Fitty shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference.
Stay of Filing of Other Claims: If your claim is not among those selected for the Bellwether Arbitrations, your claim cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or Fitty in connection with your claim unless and until it is assigned to a batch and authorized to be filed with NAM.
Mediation: After the Bellwether Arbitrations are completed, if your claim remains unresolved, you and Fitty agree to mediate your claim along with any other unresolved claims included in the Mass Filing (" Global Mediation"). The mediator will be selected according to the procedure set forth in the NAM Rules, and Fitty will pay the mediator's fees. The Global Mediation shall be completed within 120 days of the selection of a mediator, unless extended by written agreement between you and Fitty.
Election To Proceed in Court: If Global Mediation is not successful in resolving your claim, and 100 or more claims included in the Mass Filing remain unresolved, you or Fitty may opt out of arbitration and elect to have your claim resolved in court consistent with Section 21 of these Terms. You or Fitty must exercise this election within 45 days of the completion of Global Mediation.
Sequential Arbitration of Remaining Batches: If neither you nor Fitty opt out of arbitration, another batch of no greater than 50 individuals' claims will be selected from the Mass Filing, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by Fitty. If your claim is included in this next batch of 50 claims, your claim will be filed with NAM, and you and Fitty shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference. The process of batching up to 50 individual claims at a time will continue until the parties resolve all claims included in the Mass Filing. No unbatched claim can proceed to be filed as a Demand until the previous batch has been resolved.
Tolling. For any claim subject to these Mass Filing procedures, any statute of limitations applicable to your claim shall be tolled from the date the Informal Dispute Resolution Period begins until the earlier of (1) the date your arbitration Demand is filed, or (2) the date you or Fitty opts out of arbitration pursuant to Section 20.5.5.
6 . Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, Fitty will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction pursuant to Section 21. If Fitty prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Fitty reimbursement from you of Fitty’s arbitration filing fees and costs.
7 . Offer of Settlement. Fitty may, but is not obligated to, make a written offer to settle your claim at least 14 days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Fitty's settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Fitty after its offer was made, unless otherwise prohibited by the underlying law governing your claim.
8 . Class Action Waiver. YOU AND FITTY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and Fitty may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party. Notwithstanding this provision or any other language in these Terms, you or Fitty may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND Fitty WAIVE ANY RIGHT TO A JURY TRIAL.
9 . Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 "Modification", if Fitty changes any terms of this Section 20 after the date you first accepted these Terms or any subsequent changes to these Terms, you may reject the new changes to Section 20 by sending us written notice, personally signed by you, by certified mail to the attention of Fitty’s Legal Department at the Fitty address set out in Section 24 of these Terms within 30 days of the date such change became effective, as indicated by the later of (1) the "Last Updated" date of the Terms you seek to reject or (1) the date of Fitty's email to you notifying you of such change. Even if you reject a change, you will remain subject to Section 20 of the last version of the Terms you had accepted.
10 . Severability. If any portion of this Section 20 is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of Section 20 and all other Terms shall continue to be enforceable and valid.
21. Contracting Entities, Governing Law and Jurisdiction
If your contract for the Fitty Service is with a Fitty entity incorporated outside the United States, these Terms shall be governed by the laws of the jurisdiction in which that Fitty entity is incorporated, without regard to conflict of law principles. The Uniform Commercial Code (UCC), the Uniform Computer Information Transactions Act (UCITA), and the United Nations Convention on Contracts for the International Sale of Goods do not apply.
22. Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Fitty in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fitty. Fitty’s rights and remedies hereunder are cumulative and not exclusive.
23. Successors; Assignment; No Third Party Beneficiaries
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Fitty’s prior written consent. Fitty may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
24. Notices
You consent to receive all communications including notices, agreements, disclosures, or other information from Fitty electronically. Fitty may communicate by email or by posting to the Fitty Service. For support-related inquiries, you may email Support. For all other notices to Fitty, write to the following addresses:
Nothing in these Terms or otherwise limits Fitty’s right to object to subpoenas, claims, or other demands.
25. Modification
We may update these Terms at any time, in our sole discretion. If we do so, we'll let you know by, at a minimum, posting the updated Terms (as indicated by a revised "Last Updated" date at the top of this page) on the Fitty Site and/or through the Fitty Service. Modifications will be effective on the date that they are posted to the Fitty Site. It's important that you review the Terms whenever we update them before you use the Fitty Service. If you continue to use the Fitty Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(9) "Effect of Changes on Arbitration," you may not use the Fitty Service anymore. Because the Fitty Service is evolving over time we may change or discontinue all or any part of the Fitty Service, at any time and without notice, at our sole discretion.
26. Entire Agreement
In the event of a conflict between any policies posted on the Fitty Service and these Terms, these Terms will control. These Terms represent the entire understanding between Fitty and you regarding the Fitty Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
27. Force Majeure
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party's reasonable control and not caused by that party's fault, or negligence, including, but not limited to, "acts of God", acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
28. SMS Terms
Email, SMS and Telephone. You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us, or contact us using the details provided under the How To Contact Us. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Fitty and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).
If you opt in to "Fitty Account" text messages, you will receive text messages from Fitty. "Fitty Account" text messages are non-promotional messages from Fitty alerting you to important information, like the details of your delivery, failed subscription payments and other alerts related to your Fitty subscription or purchases. To opt-out of receiving "Fitty Account" text messages, text STOP to the number from which you received the message. We will send you one final message to confirm that you have been unsubscribed, and will process your request within a reasonable time after receipt, in accordance with applicable laws. If you experience any issues with text messages from Fitty, text HELP to the relevant number referenced above or email our Support team at sam@befittytoday.com. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.
If you opt in to "Fitty" text messages, you will receive text messages from Fitty Marketing. "Fitty" text messages are recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from Fitty at the cell number used when signing up. Consent is not a condition of any purchase. To opt-out of receiving "Fitty" text messages, text STOP to the number from which you received the message . We will send you one final message to confirm that you have been unsubscribed, and will process your request within a reasonable time after receipt, in accordance with applicable laws. If you experience any issues with text messages from Fitty, text HELP to the relevant number referenced above or email our Support team at sam@befittytoday.com. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.