Terms of Service

Fitlyze (Beta) Version: 3.0 Published: August 10, 2026 Effective date: August 10, 2026 Last reviewed: August 10, 2026 Supersedes: version 2.0 (June 26, 2026)

These Terms of Service ("Terms") are a binding agreement between you and DerMo Technologies Inc. (d/b/a Fitlyze) ("Fitlyze", "we", "us", "our") governing your use of our website and Progressive Web App and related services (the "Service").

Please read these Terms carefully. By ticking the box to accept them at sign-up, or by using the Service, you agree to these Terms. If you do not agree, do not use the Service.

What changed in version 3.0. Fitlyze is moving from a free beta to a paid beta. These Terms now include subscription plans, free trials, automatic renewal, billing, taxes, refunds, and cancellation (Sections 4–9). Your subscription is sold to you by our merchant of record, not by Fitlyze directly (Section 5). Eligibility now also depends on where you live: the Service is offered only to residents of the EU/EEA, Switzerland, Canada, and the United States (Section 2).

Your use of the Service is also governed by the following documents, which are part of this agreement and incorporated by reference: our Privacy Policy, our Health Data Policy, our Health & AI Disclaimer, and our Beta Testing Agreement. Our Cookie Policy and Marketing Policy are notices that describe how we use cookies and handle marketing communications; they are provided for information, are not contracts, and are not part of this agreement. If there is a conflict between these Terms and the Health & AI Disclaimer on matters of health and AI use, the Health & AI Disclaimer governs those matters.

1. Who we are

DerMo Technologies Inc. (d/b/a Fitlyze) 2300 Yonge Street, Suite 1600, Toronto, ON M4P 1E4, Canada privacy@fitlyze.app

2. Eligibility

2.1 Age. You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not intended for anyone under 18, and you must not use it if you are under 18.

2.2 Where we offer the Service. We offer the Service only in the countries and regions listed below, and only to people who are resident in one of them:

the European Union and the wider European Economic Area (EEA);
Switzerland;
Canada; and
the United States.

We limit availability this way so that we can meet the consumer-protection, privacy, and tax obligations that apply to a paid service in each place we operate. If you are not resident in one of these countries or regions, you are not eligible to use the Service and must not sign up for it. The United Kingdom is not currently included. We may add or remove countries and regions; the list above is the current one, and we will update these Terms under Section 24 if it changes.

2.3 Confirming eligibility. We may use the billing country you provide at checkout, and other reasonable signals, to confirm that you are eligible, and we may refuse, suspend, or end a subscription where the information you give us is inaccurate.

2.4 Travelling and moving. Travelling temporarily outside these countries and regions does not affect your eligibility, but the Service may be unavailable, limited, or unlawful to use where you are, and you are responsible for complying with local law. If you move your residence outside them, you are no longer eligible and you must tell us; we may then end your subscription and your account under Section 23. Because that is not a breach by you, we refund the unused portion of your current paid period on a pro-rata basis (Section 8.4) and give you a reasonable opportunity to export your data (Section 9.4).

2.5 Your representations. By using the Service, you represent that you meet the requirements in this Section and that the information you provide is accurate and kept up to date.

3. The Service

Fitlyze is a general fitness and wellness application. It lets you log activities, food, and body measurements, and use an AI assistant — by text, photo, or voice — to receive general workout and nutrition suggestions. The Service is not a medical device and does not provide medical advice, diagnosis, or treatment (see Section 16 and the Health & AI Disclaimer).

Beta. The Service is a beta. It is provided on an "as is" and "as available" basis, may contain bugs or errors, may change or be interrupted, and may be modified or discontinued at any time. Beta-specific terms are set out in the Beta Testing Agreement. Paying for the Service does not change its beta character — but it does mean the mandatory consumer guarantees described in Sections 20 and 28 apply to you.

4. Paid beta, plans, and free trial

4.1 The Service is paid. Continued use of the Service requires an active paid subscription, except during a free trial or promotional period we grant you.

4.2 Plans and prices. We offer a monthly plan, a quarterly plan (a three-month billing period), and an annual plan. The plans available to you, what each includes, the price, the currency, and whether tax is included or added are shown in the app before you subscribe and again at checkout. We do not state prices in these Terms so that a price change does not require a change to your contract terms; the price that applies to you is the one shown and accepted at checkout, and it does not change during a paid period you have already paid for (see Section 6.4).

4.3 Free trial. We may offer a free trial. Where we do:

the length of the trial and the price that will apply afterwards are shown to you before you start it;
a valid payment method is required at sign-up, and the payment method is verified but not charged during the trial;
the trial converts automatically into a paid subscription at the end of the trial period, and your payment method is charged the price shown, unless you cancel before the trial ends;
you may cancel at any time during the trial at no charge, in your Profile settings — cancelling during the trial means you are never charged; and
one trial per person and per account. We may refuse or end a trial if we reasonably believe it is being used more than once by the same person or is otherwise being abused.

4.4 Reminder before your first charge. Where a free trial or promotional period lasts longer than 31 days we will send you an email reminder at least 3 and no more than 21 days before the first charge, stating the date, the amount, and how to cancel. We send this reminder to all users, and it also satisfies the automatic-renewal notice laws that apply in California and other jurisdictions.

4.5 Promotional offers and codes. We may from time to time offer promotional pricing, extended trials, or promotional codes. Where we do, the terms of the offer — what it includes, how long it lasts, and the price that applies when it ends — are shown to you before you accept it, and those terms apply in addition to these Terms. Promotional offers are made at our discretion, are not transferable, and may be limited to one per person and per account. Where a promotional period lasts longer than 31 days, the reminder in Section 4.4 applies to it.

5. Who you are buying from — merchant of record

5.1 The seller. Fitlyze provides the Service, but your subscription is sold to you by our merchant of record: Stripe (the specific Stripe entity is identified at checkout and on your receipt). The merchant of record is the seller of record for the transaction.

5.2 What that means. The contract of sale — payment, invoicing, tax collection, and the mechanics of processing a refund — is between you and the merchant of record. The Service itself is provided to you by Fitlyze under these Terms, and your rights in relation to the Service (including the consumer guarantees in Sections 20 and 28) are against us. Nothing in this Section reduces those rights or requires you to pursue Fitlyze through a third party.

5.3 Card details. Your payment-card and bank details are collected and held directly by the merchant of record's payment systems, which are PCI DSS certified. Fitlyze never receives, sees, or stores your full card number, security code, or bank credentials. We receive only limited billing information — such as your subscription plan and status, billing country, card brand and last four digits, and payment history — as described in our Privacy Policy.

5.4 The merchant of record's own terms. Because it is the seller, the merchant of record applies its own terms of sale and privacy policy to the payment transaction and handles your payment data as an independent controller for its own payment, tax, fraud-prevention, and legal-compliance purposes. Those terms are presented to you at checkout. Our Sub-processor & Service Provider List identifies the provider, its role, and the applicable safeguards.

5.5 Taxes and fees. The merchant of record determines, collects, and remits the sales tax, VAT, GST/HST, QST, or equivalent that applies to your purchase, and issues your receipt or invoice (Section 7).

5.6 If we change merchant of record. We may change or add a merchant of record or payment provider. We will update the Sub-processor & Service Provider List and, where the change is material to you, give notice by email or in-app notice before it takes effect.

6. Billing, renewal, and price changes

6.1 Automatic renewal. Your subscription renews automatically. At the end of each billing period — every month for a monthly plan, every three months for a quarterly plan, every year for an annual plan — it renews for another period of the same length at the then-current price, and your payment method is charged, until you cancel. There is no minimum commitment beyond the period you are in, and you may cancel at any time under Section 9.

6.1a Where your local law limits commitment after a renewal. Some countries limit how long a consumer may stay committed once a subscription has automatically renewed. If you live in such a country, your subscription renews on those terms instead, automatically and without you having to ask: after your first paid period ends, it continues for an indefinite period rather than for another fixed period, and you may cancel at any time on no more than one month's notice, with a pro-rata refund of the unused part of any period you have already paid for. Your first paid period is unaffected — you stay committed for the term you originally bought.

6.2 Your authorization. By subscribing, you authorize the merchant of record to charge your payment method for the recurring subscription fee, plus any applicable tax, on each renewal date, and for any free trial converting to a paid subscription. Where the law requires it (for example, strong customer authentication in the EU/EEA), you may be asked to authenticate the first payment so later charges can be taken automatically.

6.3 Keeping your details current. You must keep your payment method valid and up to date. If a payment fails, the merchant of record may retry it, and we may notify you and ask you to update your details. If payment still cannot be taken, Section 9.3 applies.

6.4 Price changes. We may change our prices. If a price change affects your subscription, we will give you at least 30 days' advance notice by email. The new price applies from your next renewal, never during a period you have already paid for. You may cancel before the new price takes effect and will not be charged the new amount. Where your local law requires your express consent to a price increase, we will ask for it, and the subscription will not renew at the higher price without it.

6.5 Renewal reminders. In addition to the pre-charge reminder in Section 4.4, we send renewal reminders where the law of your jurisdiction requires them. For any plan with a term of one year or longer, we will email you between 15 and 45 days before each automatic renewal, stating what you are subscribed to, how often and how much you will be charged, and how to cancel.

If you are a consumer in France, we send you the separate notice required for tacitly renewed contracts under Article L215-1 of the Consumer Code ahead of each renewal of your quarterly or annual plan, within the statutory window, telling you that you may choose not to renew and how to do so.

6.6 Receipts. The merchant of record issues a receipt or invoice for each payment, sent to your account email address.

7. Taxes

The price shown at checkout will state whether tax is included in or added to the price, based on your billing location. The merchant of record calculates, collects, and remits the applicable tax and shows the amount charged on your receipt. Fitlyze does not collect tax from you directly. You remain responsible for any tax you personally owe that the merchant of record does not collect on your purchase.

8. Refunds and your right to cancel

8.1 Our 14-day money-back guarantee (all regions). If you are charged for a Fitlyze subscription, you may request a full refund within 14 days of that charge for:

your first paid charge on a plan, including the first charge after a free trial or promotional period; and
the first charge after an upgrade to a more expensive plan (we refund the difference).

We do not deduct anything for the period you used, and you do not need to give a reason. Email privacy@fitlyze.app with the subject "Refund", or follow the instructions on your receipt. The refund is issued by the merchant of record to your original payment method, normally within 14 days of us approving it.

8.2 EU/EEA and Swiss consumers — withdrawal.

If you are a consumer in the EU/EEA, you have a statutory right to withdraw from this distance contract within 14 days of entering into it, without giving a reason. We do not ask you to waive this right — we do not rely on the exception that lets a trader switch it off once the supply of digital content has begun — and we do not deduct a charge for the part of the subscription period you have already used. You can withdraw:

through the "Withdraw from contract" function in your Profile, which takes you to a confirmation step and then sends you written confirmation that we received your withdrawal;
using the model withdrawal form in Annex A at the end of these Terms — you are not obliged to use it; or
by any other clear statement to us at privacy@fitlyze.app.

We refund everything you have paid under the withdrawn contract, using the same payment method, within 14 days of being told. Our guarantee in Section 8.1 is at least as favourable to you as the statutory right; where the statutory right gives you more, the statutory right applies.

If you are a consumer in Switzerland, Swiss law does not give you a general right to withdraw from a contract concluded online — the statutory right of revocation in Articles 40a–40e of the Swiss Code of Obligations covers doorstep and telephone solicitation, not e-commerce. We give you the same 14-day right anyway, as a contractual promise: you may cancel within 14 days of your first charge on the terms in Section 8.1, with no deduction for use and no reason required, using any of the routes above. This is in addition to the mandatory Swiss warranty and defect rules described in Section 20, which we do not limit.

8.3 Québec and other Canadian consumers. Nothing in this Section limits your cancellation and resolution rights under Québec's Consumer Protection Act or the consumer-protection law of your province, including any rights that apply to contracts entered into at a distance. If you are a Québec consumer, we give you the information the Act requires before you subscribe, and we send a copy of your contract to your account email within 15 days of you entering into it. If the required information was not given to you, or if we do not send that copy, the Act gives you a right to cancel — within 7 days of receiving the copy where information was missing, and within 30 days of the contract where no copy was sent — and we reimburse you within 15 days of your cancellation notice.

8.4 Renewals. Outside the windows in Sections 8.1–8.3, subscription payments — including renewal payments — are non-refundable, except:

where refund is required by applicable law;
where we discontinue the Service or a paid feature you have paid for, in which case we refund the unused portion of your current paid period on a pro-rata basis; or
where we terminate your subscription for a reason other than your breach of these Terms (Section 23), in which case the same pro-rata refund applies.

8.5 Beta and refunds. Because this is a beta, we expect problems. If a defect, outage, or data loss materially deprives you of the Service you paid for, contact us — your statutory rights to a price reduction or refund under Section 20 apply, and we will not hide behind the beta label to refuse a remedy the law gives you.

9. Cancellation, non-payment, and what happens to your data

9.1 Cancelling. You can cancel your subscription at any time, in your Profile settings in the app, or by emailing privacy@fitlyze.app (subject: "Cancel Subscription"). Cancelling is free, takes effect at the end of your current paid period, and you keep access until then. If Section 6.1a applies to you, cancellation instead takes effect one month after you tell us, and we refund the unused part of the period you have paid for on a pro-rata basis. We will not require you to call us, chat with an agent, or complete any step more burdensome than the one you used to subscribe.

9.2 Confirmation. We confirm every cancellation by email, stating the date your access ends.

9.3 Non-payment. If a renewal payment cannot be taken, we will notify you and your subscription is suspended straight away — the paid features and the AI assistant stop working, exactly as they would if you had no subscription. We do not charge a late fee, and we do not treat the missed payment as a debt you owe us.

Your account is not deleted. It moves to the read-only state described in Section 9.4, so you can still sign in, see your data, and export it — access to your own information never depends on your payment being up to date. We will keep trying your payment method for a while, and you can update it at any time in your Profile settings. As soon as a payment succeeds, your full access is restored and your subscription carries on. If it is never resolved, Section 9.4 runs to its end.

9.4 What happens to your data when your subscription ends. When a subscription ends — by cancellation, non-payment, or expiry — your account is not deleted. Instead:

your account moves straight away to a read-only state: you can sign in, view your data, and export it, but the paid features and the AI assistant are unavailable;
you can resubscribe at any time and pick up where you left off; and
we keep your account for as long as you keep using it. If you do not sign in for 12 months, we email you asking you to sign in to keep your account. If you still do not sign in, we delete your account and the personal data in it 6 months after that email — that is, 18 months after your last sign-in — running the deletion process described in our Privacy Policy and Health Data Policy.

Signing in at any point resets that clock. Not having a subscription never causes your account to be deleted — only inactivity does. You can also ask us to delete your account sooner at any time.

9.5 Deleting your account yourself. You may delete your account at any time, which cancels your subscription immediately and skips the read-only period. Deleting your account does not by itself entitle you to a refund, except as set out in Section 8.

9.6 Records we must keep. Even after your account is deleted, we and the merchant of record must keep transaction and tax records for the period required by tax and accounting law. These records are kept for that purpose only, and are described in our Privacy Policy.

10. Your account and security

To use most features you must create an account. You agree to provide accurate information, keep it current, and keep your login credentials confidential. You are responsible for activity that occurs under your account. You may not share your account, create more than one account, or impersonate anyone. Notify us at privacy@fitlyze.app if you believe your account has been compromised.

11. Sign-in providers

You may register or sign in using Sign in with Google or Sign in with Apple. When you do, that provider shares limited profile information with us (as described in our Privacy Policy), and your use of their sign-in is subject to their own terms and privacy policies. We are not responsible for those providers.

12. Acceptable use

You agree not to:

use the Service for any unlawful, harmful, or fraudulent purpose, or in violation of these Terms;
use the Service, or its AI outputs, for medical, diagnostic, emergency, or other high-stakes decisions (see the Health & AI Disclaimer);
upload or submit content you do not have the right to share, or that contains another person's personal, medical, or confidential information without their consent;
upload unlawful, infringing, harmful, hateful, harassing, or sexually explicit content, or content that violates others' rights;
attempt to misuse, manipulate, or "jailbreak" the AI assistant, or use it to generate unlawful or harmful content;
copy, scrape, data-mine, reverse engineer, decompile, or attempt to extract the source code or models behind the Service, except where this restriction is prohibited by law;
probe, scan, or test the vulnerability of, or breach or circumvent, any security or authentication measure;
interfere with or disrupt the Service, introduce malware, or place an unreasonable load on our infrastructure;
use automated means (bots, crawlers) to access the Service without our permission;
use a payment method you are not authorized to use, obtain a subscription by fraud, abuse free trials or promotional periods, or file a chargeback in place of asking us for a refund under Section 8; or
resell, sublicense, or commercially exploit the Service without our written consent.

We may investigate and take appropriate action (including suspension or termination) for any suspected violation.

13. AI features

The Service includes an AI assistant powered by a third-party AI provider. AI outputs are suggestions generated by software, not professional advice, and may be inaccurate, incomplete, or inappropriate for you. You are responsible for how you use them. The detailed nature, limits, and safe use of the AI features are described in the Health & AI Disclaimer, which you must accept. We do not warrant that AI outputs are accurate, reliable, complete, or suitable for any particular purpose.

14. Your content and the rights you give us

"Your Content" means the information and materials you submit to the Service — for example your logs, measurements, profile details, chat messages, photos, and voice input.

You keep your rights. As between you and us, you retain ownership of Your Content.
You grant us a license. You grant Fitlyze a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display Your Content solely to operate, provide, secure, and improve the Service for you — including processing it through our AI provider to generate your suggestions — as described in our Privacy Policy and Health Data Policy. We do not use Your Content to train AI models, and we do not sell it.
You are responsible for Your Content. You represent that you have the rights to submit Your Content and that it does not violate these Terms or any law or third-party rights.
Accuracy. You are responsible for the accuracy of the information you provide; the Service's suggestions depend on it.

15. Intellectual property

The Service, including its software, design, text, graphics, and trademarks (but excluding Your Content and third-party materials), is owned by Fitlyze or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial use, for as long as your subscription (or free trial) is active, subject to these Terms. All rights not expressly granted are reserved.

16. Health and AI disclaimer

Fitlyze is a general wellness tool and is not a medical device or a source of medical advice. You must read and accept the Health & AI Disclaimer, which forms part of this agreement and explains the limits of the Service and the AI assistant, the situations in which you should consult a professional, and that the Service must not be used for emergencies.

17. Privacy and data

Our handling of your personal information is described in our Privacy Policy and, for health and fitness data, our Health Data Policy. By using the Service you acknowledge those documents. Your rights — including access, correction, export, deletion, and withdrawing consent — and how to exercise them are described there. Your health and fitness data is never sent to our merchant of record or payment provider.

18. Third-party services

The Service relies on third-party providers (including our AI provider, hosting, email, analytics, sign-in providers, and our merchant of record and payment provider). We are not responsible for third-party services, their availability, or their acts or omissions, and your use of them may be subject to their own terms.

19. Beta program and feedback

The Service is offered as a beta. You understand that beta software may be unstable, may change, and may result in data loss, and that additional beta terms apply under the Beta Testing Agreement. If you give us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you. Paying for a subscription does not make you an employee, contractor, or partner of Fitlyze, and we do not pay you for testing or feedback.

20. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any content or AI output will be accurate or reliable. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you (see Section 28).

Mandatory guarantees for paying consumers. Because you pay for the Service, you have statutory guarantees that these disclaimers cannot override, and we do not attempt to override them:

EU/EEA: the conformity requirements and remedies for digital content and digital services under your national law implementing Directive (EU) 2019/770 — including the right to have the Service brought into conformity, and to a proportionate price reduction or termination with refund where that is not done within a reasonable time.
Switzerland: the mandatory warranty and defect rules of Swiss law.
Canada, including Québec and Ontario: the statutory warranties and remedies under applicable consumer-protection legislation, including Québec's Consumer Protection Act and Ontario's Consumer Protection Act, 2002.
United States: any non-waivable warranty or consumer-protection right under your state's law.

Where the beta character of the Service means it does not meet a standard you are legally entitled to expect, your remedy is set out in Section 8.5 and in the law above — not extinguished by this Section.

21. Limitation of liability

To the fullest extent permitted by law:

Fitlyze and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to the Service or these Terms; and
our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid for the Service — to us or to our merchant of record — in the 12 months before the claim, or (b) CAD $100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law — including, where applicable, liability for death or personal injury caused by negligence, for fraud, for any mandatory rights you have as a consumer, or for the statutory guarantees in Section 20 (see also Section 28).

22. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Fitlyze from third-party claims, losses, and reasonable costs arising out of your breach of these Terms, your misuse of the Service, or Your Content. This Section does not apply to the extent a claim results from our own wrongdoing, and it does not limit your mandatory consumer rights.

23. Suspension and termination

You may stop using the Service, cancel your subscription (Section 9), and delete your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if you fail to pay (Section 9.3), if you cease to be eligible under Section 2 (for example because you move your residence outside the countries and regions where we offer the Service), if required by law, or to protect the Service or other users.

If we terminate or suspend your subscription for a reason other than your breach of these Terms or non-payment — including if we discontinue the Service — we will refund the unused portion of your current paid period on a pro-rata basis (Section 8.4) and give you a reasonable opportunity to export your data.

On termination, your right to use the Service ends; any provisions that by their nature should survive (including Sections 8, 9.6, 14–16, 19–22, 25–26, and 28–29) will survive. Deletion of your data following termination is handled as described in Section 9.4 and in our Privacy Policy and Health Data Policy.

24. Changes to the Service and these Terms

We may modify the Service at any time. We may also update these Terms; if we make material changes, we will give you at least 7 days' advance notice (for example by in-app notice or email) and, where appropriate or required, ask you to accept the updated Terms.

Where the law of your jurisdiction requires a longer notice period, we give the longer period. In particular, if you are a consumer resident in Québec, we will give you at least 30 days' advance notice in a separate written notice, drawn up clearly and legibly, setting out the new clause, the clause as it read before the change, the date the change takes effect, and your right to refuse the change and rescind the contract at no cost.

Price changes are not covered by this Section — they follow Section 6.4, which provides for at least 30 days' advance notice by email in every jurisdiction.

Changes take effect on the stated effective date, and your continued use of the Service after that date means you accept the updated Terms. If you do not agree to a change, you should stop using the Service, and you may cancel your subscription and delete your account. If a change materially disadvantages you, or negatively affects your access to or use of the Service, you may terminate at no cost within 30 days of the date we inform you of it or the date the change takes effect, whichever is later, and receive a pro-rata refund of the unused portion of any period you have already paid for.

25. Governing law and dispute resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. Subject to Sections 26 and 28, you agree to the exclusive jurisdiction of the courts located in Toronto, Ontario for any dispute relating to these Terms or the Service.

26. United States users — binding arbitration and class-action waiver

26.1 Application. This Section applies only if you are a resident of the United States. It does not apply to users in the EU/EEA, Switzerland, or Canada, or anywhere this Section is prohibited or unenforceable, and it does not limit any rights you cannot waive (see Section 28). This Section is governed by the U.S. Federal Arbitration Act (FAA).

26.2 Informal resolution first. Before starting an arbitration, you and Fitlyze agree to try to resolve the dispute informally for at least 60 days after written notice describing the dispute and the relief sought is sent (by you, to privacy@fitlyze.app; by us, to your account email).

26.3 Agreement to arbitrate. If the dispute is not resolved, you and Fitlyze agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except as stated in Section 26.6. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, and judgment on the award may be entered in any court of competent jurisdiction.

26.4 Class-action waiver. You and Fitlyze agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.

26.5 Jury and court waiver. Except as stated in Section 26.6, you and Fitlyze waive the right to a trial by jury and the right to have disputes resolved in court.

26.6 Exceptions. Either party may still (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to address intellectual-property infringement or unauthorized use of the Service. These matters are not subject to the agreement to arbitrate.

26.7 Your right to opt out. You may opt out of this Section by emailing privacy@fitlyze.app with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms (or of this Section first applying to you). If you opt out, neither you nor Fitlyze is bound by Sections 26.3–26.5, and disputes proceed under Section 25. Opting out does not affect any other part of these Terms.

26.8 Fees and format. Payment of arbitration fees will be governed by the administrator's applicable consumer rules. Arbitration may be conducted by written submissions, by phone or video, or in person in the county where you live, as those rules allow.

26.9 Severability / blow-up. If the class-action waiver in Section 26.4 is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and proceed in court under Section 25; the remainder of this Section stays in effect. If any other part of this Section is found unenforceable, it will be severed and the rest will continue to apply.

26.10 Mass arbitration. If 25 or more similar arbitration demands are filed by or coordinated through the same or coordinated counsel, the parties agree such demands may be batched and resolved in staged "bellwether" proceedings to manage cost and efficiency.

26.11 Survival. This Section survives termination of these Terms and of your account.

27. Communications and notices

You agree that we may provide notices and communications to you electronically — by email or through the Service. This includes billing, renewal, trial-expiry, price-change, payment-failure, and cancellation notices, which are service messages and are not marketing. We may rely on the contact details associated with your account, so please keep your email address current. You can contact us at privacy@fitlyze.app.

28. Consumers and local mandatory rights

If you use the Service as a consumer, you may have rights under the mandatory laws of your country, province, or state that cannot be waived by contract, and nothing in these Terms removes or limits those rights. In particular:

Québec and Canada: these Terms do not override your rights under applicable consumer-protection and privacy law; if you are a Québec resident, a French-language version of these Terms is available, the consumer-protection rules of Québec apply to you, and your rights in respect of distance contracts, automatic renewal, and cancellation under the Consumer Protection Act are preserved.
European Union/EEA and Switzerland: you benefit from the mandatory consumer-protection rules of your country of residence — including, in the EU/EEA, the statutory 14-day right of withdrawal, and in Switzerland the same 14-day right granted to you contractually (Section 8.2), together with the conformity guarantees for digital content and services and the Swiss warranty rules (Section 20) — and you may be entitled to bring proceedings in your local courts; where those rules conflict with Section 25, the mandatory rules prevail for you. Please contact us first at privacy@fitlyze.app. If we cannot resolve your complaint, you can get free assistance from your European Consumer Centre (ECC-Net, eccnet.eu) and, where one is available for this kind of dispute, take the matter to an alternative dispute resolution (ADR) body in your country. We are not currently committed to using any particular ADR entity.
United States: these Terms do not limit any non-waivable rights you have under your state's laws, including consumer-protection, automatic-renewal, and consumer-health-data laws.

29. General

These Terms (together with the documents incorporated by reference) are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control (force majeure). Section headings are for convenience only. These Terms are made available in the languages in which the Service is offered; if there is a conflict between translations, the English version controls, except where local law requires otherwise (for example, French for Québec consumers).

30. Contact

DerMo Technologies Inc. (d/b/a Fitlyze) 2300 Yonge Street, Suite 1600, Toronto, ON M4P 1E4, Canada privacy@fitlyze.app

31. Your acceptance

By ticking the box at sign-up, you confirm that you have read and agree to these Terms of Service. You accept that:

I have read and agree to the Fitlyze Terms of Service. I am 18 or over and resident in the EU/EEA, Switzerland, Canada, or the United States. I understand that Fitlyze is a paid beta, that my subscription renews automatically until I cancel, and that my subscription is sold by Fitlyze's merchant of record.

Annex A — Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract. You are not obliged to use it — the "Withdraw from contract" function in your Profile settings, or any other clear statement, works just as well (Section 8.2).

To: DerMo Technologies Inc. (d/b/a Fitlyze), 2300 Yonge Street, Suite 1600, Toronto, ON M4P 1E4, Canada — privacy@fitlyze.app

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the supply of the following service:

Service: Fitlyze subscription — plan: ______________________

Ordered on (*)/received on (*): ______________________

Name of consumer(s): ______________________

Address of consumer(s): ______________________

Email address on the account: ______________________

Signature of consumer(s) (only if this form is notified on paper): ______________________

Date: ______________________

(*) Delete as appropriate.