These Terms of Service (“Terms”) form a binding contract between you (“you”, “your”, or “User”) and DerMo Technologies Inc., an Ontario corporation doing business as Fitlyze (“Fitlyze”, “we”, “us”, or “our”). These Terms govern your access to and use of the Fitlyze mobile applications and related services (collectively, the “Service”).
By creating an account, accessing, or using the Service, you agree to these Terms, our Privacy Policy, and our Health & AI Disclaimer. If you do not agree, do not use the Service.
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to both you individually and that organization.
1. Geographic Availability
The Service is currently offered to residents of Canada and the United States only. By using the Service, you represent that you reside in one of these countries. We reserve the right to refuse or terminate accounts created from outside our supported regions.
2. Eligibility
You must be at least 18 years old and have full legal capacity to enter into a binding contract in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet these requirements. We do not knowingly collect information from or provide the Service to anyone under 18. If we learn that a User is under 18, we will terminate the account and delete associated data.
You may not use the Service if you are barred from receiving it under the laws of Canada, your country of residence, or any jurisdiction in which we operate, or if you are on any sanctions list.
3. The Service
Fitlyze is a fitness and wellness application that uses artificial intelligence (“AI”) to generate suggested workout plans, nutrition guidance, and related content, and that provides calorie- and activity-tracking tools. The Service is for general fitness and informational purposes only. The Service is not a medical device, does not provide medical, nutritional, dietetic, psychological, or other professional advice, and does not diagnose, treat, cure, or prevent any condition.
You acknowledge and agree that:
- AI-generated outputs may be inaccurate, incomplete, outdated, or unsuitable for your individual circumstances.
- You are solely responsible for evaluating any plan, recommendation, or information before acting on it, and for consulting a qualified healthcare professional before beginning any new exercise or nutrition program.
- The Service is not a substitute for professional medical, nutritional, or psychological advice, diagnosis, or treatment.
Additional terms about the Service’s limitations are set out in our Health & AI Disclaimer, which is incorporated into these Terms by reference. You will be required to acknowledge that disclaimer separately when you create your account.
4. Accounts
To use most features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information;
- Keep your account credentials confidential;
- Promptly notify us at info@fitlyze.app of any unauthorized use; and
- Be solely responsible for all activity that occurs under your account.
You may not share your account, transfer it to anyone else, or create more than one account without our written permission. We may refuse, suspend, or terminate any account at our discretion, including for any breach of these Terms.
5. Subscriptions, Free Trials, and Billing
5.1 Subscription Service
The Service is offered on a paid subscription basis (the “Subscription”) with terms (e.g., monthly or annual) selected at sign-up. Pricing, features, and billing intervals are described at the point of purchase within the App Store or Google Play Store.
5.2 In-App Purchase / Google Play Billing
All Subscriptions are processed through Apple’s In-App Purchase system (on iOS) or Google Play Billing (on Android). These platforms act as merchants of record for your Subscription and are responsible for processing payments, collecting and remitting applicable taxes, handling cancellations, and processing refunds. Your purchase is governed by Apple’s or Google’s payment terms in addition to these Terms.
We do not collect or store your payment card information. Payment is charged to the payment method already on file with your Apple ID or Google account.
5.3 Free Trial
We currently offer a 7-day free trial to eligible new Users. To start a free trial, you authorize the Subscription through the App Store or Google Play, which uses the payment method on file with your Apple ID or Google account.
At the end of the free trial, your Subscription will automatically convert to a paid Subscription, and the payment method on file with your Apple ID or Google account will be charged the then-current Subscription fee, unless you cancel before the trial ends.
We may modify or end free trials at any time. Free trials are limited to one per User or household; we may decline a free trial if we suspect abuse.
5.4 Automatic Renewal
Your Subscription will automatically renew at the end of each billing period (e.g., monthly or annually) for the same term and at the then-current price, until you cancel. By starting a Subscription or free trial, you authorize Apple or Google (as applicable) to charge your payment method on a recurring basis.
We will provide notice of price changes and material changes to renewal terms before they take effect, in accordance with App Store and Google Play requirements. Continued use after such changes constitutes acceptance.
5.5 Cancellation
You can cancel your Subscription or free trial at any time:
- iOS / App Store Subscriptions: through Settings → [Your Name] → Subscriptions on your iOS device, or through your Apple ID account.
- Android / Google Play Subscriptions: through your Google Play account → Subscriptions.
Cancellations take effect at the end of the current billing period. You will retain access until the end of that period and will not receive a refund for the unused portion, except as set out in Section 5.7 or as required by law.
To avoid being charged when a free trial ends, you must cancel before the trial period expires.
5.6 California Residents and FTC Click-to-Cancel
If you are a California resident or are otherwise entitled to the protections of the U.S. FTC’s Negative Option Rule, you may cancel your Subscription online through the same medium you used to subscribe (i.e., your Apple ID or Google Play account settings), with no fees or retention call required. You may also email info@fitlyze.app and we will direct you to the appropriate cancellation flow.
5.7 Refund Policy
Because Subscriptions are processed through the App Store or Google Play, all refund requests must be submitted to Apple or Google directly, and refunds are granted at their sole discretion in accordance with their refund policies:
- Apple: Submit refund requests via https://reportaproblem.apple.com or through Settings → [Your Name] → Subscriptions.
- Google Play: Submit refund requests via Google Play → Account → Order history.
As a goodwill matter, we will advocate with Apple or Google on your behalf for refund requests submitted within 14 days of your first paid charge, provided your usage of the Service has been minimal (defined as no more than 5 AI-generated plans and fewer than 7 days of recorded calorie or workout entries). Email info@fitlyze.app from your account email to request advocacy. Final refund decisions are made by Apple or Google, not by us.
Outside the 14-day window, all payments are non-refundable except as required by law or as Apple or Google may grant in their discretion.
5.8 Taxes
Apple and Google act as merchants of record in most jurisdictions and are responsible for collecting and remitting applicable taxes (including HST/GST in Canada and sales tax in the U.S.) where required. The price you see at checkout includes any tax that Apple or Google collects.
6. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law (including export controls or sanctions);
- Use the Service to obtain medical, mental health, or dietetic services beyond the scope of general informational guidance;
- Provide false, misleading, or fraudulent information;
- Reverse engineer, decompile, scrape, or attempt to extract the source code, models, prompts, or training data of the Service, except to the extent expressly permitted by law;
- Interfere with the integrity or performance of the Service, including by introducing malware, attempting unauthorized access, or overloading our infrastructure;
- Use the Service to develop a competing product or train a machine-learning model;
- Use the Service to generate content that is harmful, defamatory, harassing, hateful, sexually explicit, or that promotes self-harm, eating disorders, or violence;
- Resell, sublicense, or commercially exploit the Service without our written permission; or
- Encourage or assist anyone else in doing any of the above.
We may investigate and take action against violations, including suspending or terminating your account, removing content, and reporting to authorities.
7. User Content
7.1 Your Content
You may submit information, messages, photos, measurements, food logs, fitness data, and other content to the Service (“User Content”). You retain ownership of your User Content.
7.2 License to Us
You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, transmit, display, modify, and create derivative works of your User Content solely as necessary to operate, secure, and improve the Service and to provide it to you. This license ends when you delete the User Content or your account, except: (a) where we are legally required to retain it; (b) for backups, in accordance with our deletion schedule; and (c) for de-identified or aggregated data that no longer identifies you.
7.3 Your Responsibility
You represent that you own or have the rights to all User Content you submit, and that your User Content does not violate any law or third-party right. You are solely responsible for your User Content.
8. AI-Generated Content
The Service uses third-party AI models (currently including OpenAI’s GPT models) to generate workout plans, nutrition suggestions, and other outputs (“AI Output”).
You acknowledge that:
- AI Output is generated automatically based on the inputs you provide and the underlying model. It may be inaccurate, biased, incomplete, harmful, or unsuitable for your circumstances.
- Similar or identical AI Output may be generated for other Users. We make no claim of uniqueness or originality in AI Output.
- As between you and us, and to the maximum extent permitted by law, you may use AI Output for your personal, non-commercial fitness purposes only. We do not assign you any rights in the underlying models, prompts, or system architecture.
- We may use de-identified inputs and AI Output to monitor, evaluate, and improve the Service.
- AI Output is not professional advice. Sections 3 and 12 and the Health & AI Disclaimer apply.
9. Our Intellectual Property
The Service, including all software, content, branding, designs, trademarks (including “Fitlyze”), logos, and the selection and arrangement of features, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms.
All rights not expressly granted are reserved. You may not use our trademarks without our prior written consent.
10. Third-Party Services
The Service relies on third-party products and services, including but not limited to OpenAI, Apple, Google, and our cloud hosting providers. We are not responsible for third-party products or services. Your use of them is subject to their own terms and privacy policies.
11. App Store Terms (Apple and Google)
If you download the Fitlyze app from the Apple App Store or Google Play, you also agree to the additional terms set out in this Section, which apply only to that distribution channel.
11.1 Apple App Store
You acknowledge that:
- These Terms are between you and Fitlyze only, not with Apple Inc. Apple is not responsible for the Service or its content.
- Your license to use the app is non-transferable and limited to use on Apple-branded products you own or control, in accordance with the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
- Fitlyze, not Apple, is responsible for product liability claims, claims that the app fails to conform to legal requirements, and claims arising under consumer protection or similar laws.
- Fitlyze, not Apple, is responsible for addressing any third-party claim that the app or your use of it infringes that third party’s intellectual property rights.
- You represent that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
11.2 Google Play
If you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service. You acknowledge that Google is not a party to these Terms and is not responsible for the Service.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
WE MAKE NO REPRESENTATION THAT THE SERVICE OR AI OUTPUT WILL PRODUCE ANY PARTICULAR HEALTH, FITNESS, WEIGHT, OR NUTRITIONAL RESULT, OR THAT IT IS SAFE OR APPROPRIATE FOR YOUR INDIVIDUAL CIRCUMSTANCES.
You use the Service at your own risk. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply only to the maximum extent permitted by law.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- In no event will Fitlyze, its affiliates, officers, directors, employees, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to the Service, even if we have been advised of the possibility of such damages.
- Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).
These limitations apply regardless of the legal theory (contract, tort, statute, or otherwise).
Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for fraud, gross negligence, or willful misconduct.
14. Indemnification
You agree to defend, indemnify, and hold harmless Fitlyze, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:
- Your access to or use of the Service;
- Your User Content;
- Your violation of these Terms or any applicable law; or
- Your violation of any third-party right.
We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, in which case you will cooperate with us.
15. Termination
You may terminate these Terms at any time by deleting your account. We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms or pose a risk to us, other Users, or third parties.
Upon termination:
- Your right to use the Service ends immediately.
- We may delete your User Content in accordance with our retention practices and Privacy Policy.
- Sections that by their nature should survive (including Sections 7, 8, 9, 12–14, 16–17, and 20) will survive.
16. Governing Law
These Terms and any dispute or claim arising out of them are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Mandatory consumer protection laws of your country or state of residence continue to apply where they cannot be waived by contract.
17. Dispute Resolution
17.1 Informal Resolution
Before filing a formal claim, you agree to contact us at info@fitlyze.app and attempt to resolve the dispute informally for at least 30 days.
17.2 Users in Canada
If informal resolution fails, you agree that any dispute will be resolved exclusively in the courts of the Province of Ontario, sitting in Toronto, Canada, and you submit to the personal jurisdiction of those courts.
17.3 Users in the United States — Binding Arbitration and Class Action Waiver
This Section 17.3 applies only to U.S. residents. PLEASE READ IT CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
If informal resolution fails, 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, administered by JAMS under its Streamlined Arbitration Rules and Procedures, and not in court. The arbitration will be held in Toronto, Ontario, Canada, or, at your option, in your county of residence, by telephone, or by written submissions. The Federal Arbitration Act governs the interpretation of this provision.
You and Fitlyze each waive the right to a trial by jury and the right to participate in a class action, class arbitration, or other representative proceeding. Disputes must be brought on an individual basis only. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
30-Day Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to info@fitlyze.app within 30 days of first accepting these Terms. Your notice must include your name, your account email, and the words “ARBITRATION OPT-OUT”. If you opt out, Section 17.3 will not apply, and Section 17.2 will apply instead.
If any portion of this Section 17.3 is found unenforceable, the rest will remain in effect, except that if the class action waiver is found unenforceable, the entire Section 17.3 will be void.
Notwithstanding the foregoing, either party may bring a claim for injunctive relief to protect intellectual property or confidential information in any court of competent jurisdiction, and either party may bring an individual claim in small claims court.
18. Changes to the Service or Terms
We may modify, suspend, or discontinue the Service (or any feature) at any time. We may change these Terms by posting the updated Terms and updating the “Last Updated” date. For material changes, we will provide at least 30 days’ notice by email or in-app notice. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service.
19. Notices
We may give you notice by email (to the address associated with your account) or by posting in the Service. You may give us notice by emailing info@fitlyze.app or by mail to:
DerMo Technologies Inc. 2300 Yonge Street, Suite 1600 Toronto, ON, Canada, M4P 1E4
20. Miscellaneous
Entire Agreement. These Terms, together with the Privacy Policy and Health & AI Disclaimer, constitute the entire agreement between you and us regarding the Service.
Severability. If any provision is held invalid, the rest will remain in effect.
No Waiver. Our failure to enforce any provision is not a waiver.
Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
No Agency. No partnership, joint venture, agency, or employment relationship is created by these Terms.
Force Majeure. We are not liable for any delay or failure due to events beyond our reasonable control.
Language. These Terms are drafted in English. The English version controls in case of conflict, except where local law requires otherwise.
21. Contact
DerMo Technologies Inc. (operating as Fitlyze) 2300 Yonge Street, Suite 1600 Toronto, ON, Canada, M4P 1E4 Email: info@fitlyze.app