These Terms & Conditions ("Terms") govern your use of the fitBITCH mobile application ("the app"). By downloading or using the app, you agree to these Terms. If you don't agree, don't use the app.
You must be at least 18 years old, and legally able to enter into a binding agreement, to use the app. By downloading or using the app, you represent that both of these are true. fitBITCH is built for adult women: parts of the app — calorie targets, fasting protocols, cycle tracking — are adult tools, and 18 is the line, full stop. If you are under 18, we wish you well, and this isn't your app yet.
This is the most important section, so it's in plain English:
Physical exercise carries inherent risk of injury. You use the app's workouts, form guidance, and programs voluntarily and at your own risk, and you are responsible for exercising within your own limits.
Everything you log in the app is stored on your device and belongs to you (see the Privacy Policy). We claim no ownership of your logs, recipes, custom workouts, or affirmations. You're responsible for your device and anything shared from it.
The app — including its name, wordmark, design, text, workout library, form cues, and educational content — is owned by us or our licensors and is protected by intellectual-property law. We grant you a personal, non-exclusive, non-transferable, revocable license to use the app for your own non-commercial use. You may not copy, resell, redistribute, scrape, reverse-engineer, or create derivative works from the app or its content, except where the law says we can't stop you. Sharing your own receipt and screenshots of your own progress is not just allowed — it's encouraged.
Don't use the app to break the law, infringe anyone's rights, or attempt to interfere with, exploit, or probe the app or the third-party services it uses (including the USDA food database).
Food search uses USDA FoodData Central, a U.S. government service we don't control; nutrition data is provided as-is from that source. Social links open third-party platforms governed by their own terms.
The app is currently free. If paid features or subscriptions are introduced, they will be offered through the App Store with pricing and terms disclosed at purchase, and this section will be updated. [NOTE: expand this section before monetization ships — auto-renewal disclosure, trial terms, cancellation via App Store, refunds per Apple's policies.]
The app is provided "as is" and "as available," without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy of estimates or nutrition data, and uninterrupted or error-free operation. Some jurisdictions don't allow certain warranty exclusions, so parts of this section may not apply to you.
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for personal injury, loss of data, or loss of profits, arising from your use of the app. To the extent liability cannot be excluded, our total liability is limited to the greater of the amount you paid us in the twelve months before the claim or fifty U.S. dollars ($50). Nothing in these Terms limits liability that cannot legally be limited.
You agree to indemnify us against claims arising from your violation of these Terms or misuse of the app.
These Terms are between you and us, not Apple. Apple has no obligation to provide support or maintenance for the app and is not responsible for addressing any claims relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use of the app must also comply with the App Store Terms of Service.
We may update, change, or discontinue features at any time. We may revise these Terms; material changes will be posted in the app with a new effective date, and continued use after changes means acceptance.
You can stop using the app anytime by deleting it. We may suspend or terminate your license if you violate these Terms. Sections that by their nature should survive (2, 3, 5, 9, 10, 11, 15) survive termination.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules.
Talk to us first. Before filing any claim, you agree to email us at fitbitchapp@gmail.com with a description of the dispute and give us 30 days to work it out with you informally. Most things are fixable with a conversation.
Binding arbitration. If we can't resolve it informally, you and we agree that any dispute arising out of these Terms or the app will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in Texas or, at your election, by videoconference or in your home county. Payment of filing and arbitrator fees will be governed by the AAA's consumer rules.
Small-claims carve-out. Either of us may instead bring an individual claim in small claims court if it qualifies there.
Class-action waiver. All disputes must be brought on an individual basis. Neither you nor we may participate in a class action, class arbitration, or any other representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, not arbitration.
Your right to opt out. You may opt out of this arbitration agreement entirely by emailing fitbitchapp@gmail.com within 30 days of first using the app, with your name and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
[ATTORNEY REVIEW: entire §15 package — arbitration, waiver, carve-out, opt-out mechanics — before publication.]
If any provision of these Terms is found unenforceable, the rest remain in effect. These Terms plus the Privacy Policy are the entire agreement between you and us regarding the app. Failure to enforce a provision isn't a waiver of it.
Questions: fitbitchapp@gmail.com