Terms of Service

Effective Date: 14 May 2025

Please read these Terms of Service ("Terms") carefully before accessing or using any services offered by Fittivity (“we,” “our,” or “us”). By enrolling in or accessing our online fitness and/or nutrition coaching program (“the Program”), you (“you” or “Client”) agree to be bound by these Terms, as well as our Privacy Policy and Informed Consent Agreement, all of which are incorporated herein by reference.

1. Services Provided
Fittivity provides online fitness and nutrition coaching services, including workout plans, nutrition guidance, and progress tracking. Services are delivered virtually and may include written materials, videos, progress charts, and digital resources. We reserve the right to modify or discontinue any part of the Program at any time, with or without notice.

2. Eligibility
You must be at least 18 years of age to enroll in the Program. By participating, you represent and warrant that you are legally permitted to do so and that you have obtained any necessary medical clearance.

3. Client Responsibilities
You agree to:
Provide accurate information about your health, fitness level, and goals.
Consult with a licensed healthcare provider before joining.
Use the health app materials responsibly and solely for your personal, non-commercial use.
Not share, reproduce, or distribute any proprietary content provided as part of the health app.

4. Health Disclaimer
The Fittivity programs are intended for informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
Fittivity coaches are not licensed physicians, and our services do not constitute medical care. Always seek the advice of your physician with any questions regarding your health or a medical condition.

5. Assumption of Risk & Release of Liability
You acknowledge that participation in any exercise or nutrition program carries inherent risks, including but not limited to physical injury or illness. You voluntarily assume all such risks and agree that Fittivity, its coaches, and affiliates shall not be held liable for any injuries, damages, or losses incurred during or after participation in the Programs.

6. Privacy & Confidentiality
We are committed to protecting your privacy. Any personal information shared during coaching will be kept confidential, except where required by law or with your express written consent. You consent to the use of de-identified data for research or promotional purposes. With your additional consent, we may use anonymized fitness progress (e.g., weight trends, before/after photos excluding your face) for social media marketing. You may revoke this consent in writing at any time, understanding that complete removal from public channels may not be guaranteed once shared.

7. Intellectual Property
All materials provided within Fittivity services, including but not limited to workouts, nutrition plans, documents, videos, and other resources, are the intellectual property of Fittivity and are protected by copyright law. You agree not to reproduce, distribute, modify, or exploit any of these materials for commercial use.

8. Refund Policy

Our 6-Week “Or You Don’t Pay” Guarantee (First Paid Month Refund)

If you don’t experience an improvement in energy within 6 weeks of your trial start date, you may request a refund of ONLY your first paid month, as long as you complete the requirements below.

To qualify, you must:

1. Complete 18 workouts within 6 weeks of your trial start date (3 workouts per week).
2. Each workout must be at least 20 minutes.
3. Workouts must be logged in the Fittivity app for verification. (Cardio-only activities do not count toward the 18 workouts)
4. Attend your onboarding call with your Coach within 14 days of starting the trial

How to request a refund:

Email [email protected] within 48 hours of the end of week 6 with the subject line: “6-Week Guarantee Refund Request.”
We will review your account activity and respond within 3-5 business days.

If approved:

We will refund your first paid month to the original payment method.

Important billing note:

Our Fit Travel Accelerator is a subscription that renews automatically unless canceled. You are responsible for any additional subscription charges after the first paid month unless you cancel before your next billing date.

 Refunds will be processed promptly, though bank processing times may vary.

After 60 days, all refund requests are non-refundable.

9. Modifications to Terms
We may revise these Terms from time to time. Any changes will be posted with a new effective date. Your continued participation in the Fittivity services after changes are posted constitutes acceptance of those changes.

10. Termination
We reserve the right to terminate or suspend your access to the Fittivity services at our sole discretion, without notice, for conduct that violates these Terms or is harmful to other participants, staff, or the integrity of the business.

11. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. In the event of any dispute arising out of or related to these Terms or the Program, the parties agree to attempt resolution through informal negotiation. If not resolved, disputes shall be submitted to binding arbitration in Dallas, Texas, in accordance with the rules of the American Arbitration Association.

12. Contact Information
For questions or concerns about these Terms or the Program, please contact us at: 📧 [email protected]

13. Acceptance
By enrolling in or participating in the Fittivity services, you acknowledge that you have read, understood, and agreed to these Terms of Service.

14. Auto-Renewal & Billing Authorization
By enrolling in the Program, you acknowledge and agree that your subscription will automatically renew at the end of each billing period (monthly, quarterly, or otherwise, as selected at checkout) unless you cancel prior to the renewal date. Upon renewal, your payment method on file will be automatically charged the then-current rate for the applicable billing period.
You may cancel your subscription at any time.Cancellations requested after a renewal charge has been processed will take effect at the end of the current billing period, and no refunds will be issued after the initial 30-day period or if there was already a free-trial in place.