PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS BY USING OUR SERVICES.
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and MotiFIT Fitness Inc., operating as FITIV (“FITIV,” “we,” “us,” or “our”), regarding your use of the FITIV mobile applications, websites, and related services (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which may be updated by us from time to time without notice to you. It is your responsibility to review these Terms regularly to ensure you are aware of any modifications. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you do not agree to these Terms, you must discontinue use of the Services immediately.
All data provided by the Service are provided for general education and informational purposes only. FITIV does not provide medical advice, diagnosis, or treatment. You should always consult a physician or other qualified healthcare provider before making any changes to your exercise, sleep, or nutrition routines, or if you have any questions about a medical condition. Never disregard or delay seeking professional medical advice because of information provided through the Services. The transmission and receipt of data through the internet, email, or other means do not create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and FITIV.
You use the Services and any related information entirely at your own risk, and FITIV is not responsible for any health problems that may result from actions you take based on the information provided. If you are experiencing a medical emergency, you should contact your relevant local emergency number immediately.
The Services are not a substitute for professional healthcare judgment. Any insights, metrics, or recommendations generated by FITIV, whether AI-powered or otherwise, are intended solely for informational and educational purposes. You are solely responsible for verifying the accuracy and appropriateness of any data or suggestions before acting on them. FITIV disclaims any liability arising from your reliance on such information for health-related decisions.
FITIV does not guarantee any specific health, fitness, or performance results from the use of the Services. Individual outcomes depend on numerous factors beyond FITIV’s control, including personal habits, health conditions, and adherence to training or recovery programs.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Access to certain FITIV features requires a paid subscription. Subscriptions are managed and billed through the App Store under Apple’s applicable payment terms and policies. All renewals, cancellations, and refunds are governed by the App Store’s terms. FITIV does not issue refunds directly.
Your subscription will automatically renew at the end of each term unless you cancel it in your App Store account settings. A valid payment method is required to process the payment for your subscription.
FITIV may, at its discretion, modify subscription pricing, terms, or features at any time. Continued use of the Services following any modification constitutes your acceptance of the updated pricing or terms.
FITIV may, at its discretion, offer a free trial period for new users or as part of certain promotions. The eligibility and duration of any free trial will be determined solely by FITIV and limited to one free trial per Apple User ID.
If you start a subscription with a free trial, you will automatically be charged the applicable subscription fee at the end of the trial period unless you cancel at least 24 hours before the trial ends through your App Store account settings.
FITIV reserves the right to modify, suspend, or terminate any free trial offer at any time without notice or liability.
FITIV reserves the right to modify subscription fees at any time. Any fee change will take effect at the end of the current billing cycle.
You will be notified of fee changes as required by applicable law or App Store policy. By continuing to use the Services after a fee change takes effect, you agree to pay the updated fee. If you do not agree, you must cancel your subscription before the renewal date to avoid being charged at the new rate.
All payments for subscriptions and in-app purchases are processed by the App Store and governed by Apple’s applicable policies. FITIV does not issue refunds directly.
If you believe you are entitled to a refund, you must request it through the App Store’s refund process. Refunds are granted at Apple’s discretion in accordance with their policies.
FITIV does not provide refunds or credits for partial billing periods, unused features, or periods of inactivity.
When using cloud-based AI features, limited personal or health data may be transmitted to trusted third-party service providers solely to enable the requested processing. Such providers are bound by confidentiality obligations and are prohibited from retaining, using, or disclosing the data for any purpose other than fulfilling the requested service on behalf of FITIV.
AI-generated insights are provided for general informational purposes only and may not always be accurate, complete, or contextually appropriate. FITIV does not guarantee that AI outputs will meet your expectations or reflect your personal circumstances. You should not rely exclusively on AI-generated information when making fitness, health, or wellness decisions.
By enabling any AI-powered feature, you consent to the processing of your data in accordance with the FITIV Privacy Policy.
FITIV offers artificial intelligence (“AI”) features designed to enhance your understanding of fitness, recovery, and performance data. These features are powered by different types of AI models and operate under the following conditions:
When using features powered by Apple Intelligence or other Apple foundational models, all computations occur entirely on your device. FITIV does not collect, store, or transmit your personal or health data for processing. All data analysis and AI interactions happen locally and remain private to your device environment.
Some optional FITIV features may use cloud-based large language models (“LLMs”) to generate advanced insights or summaries. These features are entirely opt-in and require your explicit consent prior to activation.
Only the minimum data necessary to generate the requested AI output will be transmitted. Data processed by cloud-based models will not be sold, reused, or used to train general-purpose AI systems. FITIV and its subprocessors (if any) may retain this data temporarily for debugging and performance verification purposes, for no longer than thirty (30) days, after which it will be deleted or anonymized.
All content, software, designs, and trademarks appearing in or related to the Services are the exclusive property of MotiFIT Fitness Inc. and are protected under applicable intellectual property laws.
You are granted a limited, non-transferable, non-exclusive license to use the Services for personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, or create derivative works based on any portion of the Services without prior written consent from FITIV.
The Services, including AI insights, are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.
To the fullest extent permitted by law, MotiFIT Fitness Inc., its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any loss or damage, whether direct or indirect, incidental, special, consequential, or punitive, including without limitation economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service, (ii) your inability to access or use the Service, (iii) any conduct or content of any third party on or related to the Service, (iv) any content obtained from or through the Service, or (v) the unauthorized access to, use of, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, regardless of whether we have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to indemnify, defend, and hold harmless MotiFIT Fitness Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents from and against any claims, losses, damages, obligations, costs, actions, or demands.
These include, but are not limited to:
(a) legal and accounting fees resulting from your use of the Service,
(b) your breach of any of these Terms,
(c) anything you post on or upload to the Service, and
(d) any activity related to your account.
This includes any negligent or illegal conduct by you or by any person or entity accessing the Service using your account, whether such access is obtained through fraudulent or illegal means.
FITIV is committed to maintaining a positive, respectful, and safe community for all users. By using any interactive or social feature within the Services, you agree to abide by the following Community Standards:
FITIV reserves the right to remove any content or suspend accounts that violate these standards or that we deem inappropriate, unsafe, or harmful to the community or our brand. Decisions regarding enforcement are made at FITIV’s sole discretion.
Repeated or serious violations may result in permanent termination of your account without refund.
MotiFIT Fitness Inc. makes no guarantees, representations, or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms, and conditions are excluded to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance, except as provided for under the laws of any province in Canada.
MotiFIT Fitness Inc., its subsidiaries, affiliates, and licensors do not warrant that (a) the Service will function uninterrupted, secure, or available at any particular time or location, (b) any errors or defects will be corrected, (c) the Service is free of viruses or other harmful components, or (d) the results of using the Service will meet your requirements.
If you breach any of these Terms and MotiFIT Fitness Inc. chooses not to act immediately, or chooses not to act at all, MotiFIT Fitness Inc. will still be entitled to all rights and remedies at any later date or in any other situation where you breach these Terms. MotiFIT Fitness Inc. does not waive any of its rights. MotiFIT Fitness Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license, or otherwise transfer any of your rights under these Terms.
As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.
We reserve the right to make modifications to these Terms at any time and for any reason. Please check these Terms regularly to ensure you are aware of any modifications made by us. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Updated versions will be posted on our website and within the app. Changes take effect immediately upon posting unless otherwise specified.
If material changes affect your rights or the manner in which your data is processed, we may notify you by email or in-app notice where required by law.
These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the Province of New Brunswick, Canada, and applicable federal laws of Canada.
Before initiating any legal proceedings, you agree to first contact FITIV to attempt to resolve the issue informally. If we cannot resolve the matter within sixty (60) days, either party may pursue formal legal action in the courts of New Brunswick, Canada.
You consent to the exclusive jurisdiction and venue of the courts located in New Brunswick, Canada, for the resolution of any legal proceedings arising under these Terms.
For any questions, feedback, or legal concerns regarding these Terms, please contact:
MotiFIT Fitness Inc. (FITIV)
835 Champlain Street, Suite 200A
Dieppe, New Brunswick, Canada
Email: support@fitiv.com
