We, Fitterfly (collectively used to refer to Fitterfly Inc., Fitterfly Healthtech Pvt. Ltd. and its affiliates, successors and assigns) bring to you a digital health and wellness subscription service that combines one-on-one mobile personal coaching and wellness technology to help you shift to a healthier lifestyle and reach your goals. While wellness trackers and apps are useful tools, they are missing the elements of on-going engagement, motivation and accountability. Fitterfly solves this, by connecting you to to a professional health and wellness coach via the “Fitterfly App” (available on iOS and Android platforms) You can read more about Fitterfly and our products/ services on the website “Fitterfly.com” (together with the Fitterfly App is hereby referred to as the "Platform"). For ease of reading and clarity, the Platform, the Fitterfly App and the related services are collectively referred to as the "Services".
As our business grows and we add new functionality to the Services, we may revise these Terms at any time and without giving you prior notice. The last date these Terms was revised is written at the end of this page. Your acceptance of these Terms (including revised Terms through your continued access and use of the Services), along with other terms and conditions, policies and disclaimers of Fitterfly, constitute a valid and binding agreement between you and Fitterfly Healthtech Pvt. Ltd.
MODIFICATIONS TO SERVICES AND DATA The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup your data as Fitterfly has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services.
USER CONTENT You are solely responsible for all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("User Content") that you upload, transmit, post, publish or display ("Post") on the Platform or email or otherwise transmit or use via the Services, including content shared through use of the various third party trackers either built in your phone or which pair up with your phone. You acknowledge that we may use technological tools to screen, track, extract, compile, aggregate or analyze any data or information resulting from use of the Services. You agree to not use the Services to post or otherwise transmit any content that is unlawful, threatening, spam, contains software viruses or, in the sole judgment of Fitterfly, restricts or inhibits any other person from using or enjoying the Services, or which may expose Fitterfly or its users to any harm or liability of any type. You acknowledge that Fitterfly has the right to remove such User Content, at its sole discretion and without prior notice to you.
You will not use the Services in any way that is unlawful or harms Fitterfly, its directors, employees, affiliates, distributors, partners, service providers and/or any other user of the Services. You may not use the Services in any manner that could damage, disable, overburden, block, or impair the Services, whether in part or in full and whether permanently or temporarily, or disallow or interfere with any other party's use and enjoyment of the Services.
Fitterfly exempts itself from all and any liability arising out of the User Content on the Platform or via the Services that violates any applicable laws, or the rights of any third party.
We welcome your comments, questions, suggestions and feedback about the Platform or the Services ("Submissions"). But be aware that any comments or suggestions you make to Fitterfly are non-confidential and become the property of Fitterfly, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You agree that you are the owner of the copyright in the User Content that you post on the Platform and transmit via the Services. You agree to grant Fitterfly a non-exclusive, non-revocable, worldwide, royalty-free license to copy distribute, display, reproduce, modify, adapt, create derivative works, and publicly perform the User Content that you post on the Platform in all forms. This license applies to all works of authorship of User Content.
You agree that Fitterfly has the authority and sole discretion to remove or take-down User Content that you post on the Platform.
SERVICES CONTENT The Services may contain content and information such as data, text, audio, video, images ("Services Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights under applicable laws. All Services Content is owned exclusively by Fitterfly. A worldwide royalty-free license is granted to you by Fitterfly to use the Service Content for personal and non-commercial use only. Apart from that, none of the Platform or the Service Content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Platform or the Services Content other than as authorized by these Terms or for any purpose not intended under these Terms is strictly prohibited and may result in termination of the license granted to you by Fitterfly under these Terms. The technology and software underlying the Services is the property of Fitterfly, our affiliates and our partners (the "Software"). You agree not to reverse engineer, reverse assemble, modify or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.
Fitterfly names and logos are trademarks and service marks which are proprietary to and are owned by Fitterfly (collectively the "Fitterfly Trademarks"). Other company products, brand names and logos used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Fitterfly. You will not, in any manner, register or attempt to register use any of the Fitterfly Trademarks or any third party trademark or proprietary material unless expressly authorized by Fitterfly and/or the relevant third party which is the proprietor of the brand.
All intellectual property in the Platform and Services and the platform used in the Platform and Services, the software used in the Platform and Services, the underlying works, techniques and processes used by Fitterfly in the Platform and Services, including copyright in such works, belongs exclusively to Fitterfly. Through your use of the Platform and Services, by no means is a license or assignment impliedly or expressly granted by Fitterfly to you in respect to such works.
Fitterfly may provide certain instruments or hardware (“Hardware”)to you as a part of the overall Services and to avail the Services. You will only use the Hardware to consumer the Services . Such Hardware has to be returned to Fitterfly upon completion of the programs to which you have subscribed or when the Services are terminated. Further, any welcome kit or starter kit provided during a program as part of the Services is without any charges and are merely complimentary offerings.
WE DO NOT PROVIDE MEDICAL ADVICE Fitterfly DOES NOT PROVIDE MEDICAL ADVICE. DO NOT USE THE SITE OR THE SERVICES FOR ANY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU THINK YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR YOU ARE HAVING A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL THE EMERGENCY MEDICAL SERVICES IN YOUR HOME JURISDICTION. The Services provided by Fitterfly, including information provided through personalized coaching services, does not constitute medical advice of any kind and it is not intended to be, and should not be, used to diagnose or identify treatment for a medical or mental health condition. Nothing on the Platform or in the Services should be construed as an attempt to offer or render a medical or mental health opinion or diagnosis, or otherwise engage in the practice of medicine by Fitterfly. The Platform does not connect users to any registered medical practitioner for provision of medical services and the Platform is not a technology platform enabling ‘telemedicine’ as defined under the Telemedicine Practice Guidelines dated March 25, 2020.
You should consult with your physician before making any changes to your diet or exercise program, including making any changes suggested through any of the Fitterfly Services. By using the Services, you represent that you have received consent from your physician to participate in the programs, you learn about through the Services. We are not responsible for any medical or mental health problems you may face as a result of partly following/ not following the advice, nutrition changes, training and other Services provided under this program. Fitterfly DOES NOT, REFER, ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, EXERCISE, DIET, INSTITUTION, PRODUCT, ECO-SYSTEM PARTNER, OPINION OR OTHER INFORMATION OR SERVICES PROVIDED THROUGH THE SERVICES, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY COACH OR ECO-SYSTEM PARTNER. Fitterfly DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ANY COACH OR ECO-SYSTEM PARTNER OR ANY ADVICE PROVIDED. Fitterfly WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY THE USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY COACH OR ECO-SYSTEM PARTNER. NOTWITHSTANDING THE ABOVE, THE AGGREGATE MONETARY LIABILITY OF Fitterfly FOR ANY LOSSES, HARM OR INJURY THAT MAY OCCUR DUE TO USE OF THE SERVICES, WILL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES.
THIRD PARTY SERVICES The Services may, in certain instances, be offered to you (i) as a result of you purchasing or availing of certain third party products / services, and / or (ii) bundled with certain third party products / services. In such cases, you would be bound by the terms and other applicable policies of the third parties for such products / services availed and Fitterfly will in no manner be liable to any losses you may incur as a result of you using such third party products or services. Their Terms will not apply to your use of such third party products / services.
INTERMEDIARY In respect of the User Content and Third Party Content uploaded / transmitted via the Services, Fitterfly is a publisher of such information posted by you and would be an ‘intermediary’ as per the Information Technology Act, 2000 and the rules framed thereunder. Being an intermediary, Fitterfly has no liability in respect to any User Content and Third Party Content on the Platform and is not legally obligated to you or any third party to delete or take-down such User Content and Third Party Content unless in accordance with an order passed by a court or a notification passed by a government agency.
REPEAT INFRINGER POLICY/ Program termination policy Fitterfly reserves the rights to terminate your subscription to our plans or services if any of the following are observed:
Misconduct of any kind-
Fitterfly may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others or breach of applicable laws, whether or not there is any repeat infringement or violation.
DOCTOR POLICY ALL INFORMATION PROVIDED ON Fitterfly WELLNESS SERVICE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY Fitterfly WELLNESS SERVICE, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH Fitterfly IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, Fitterfly WELLNESS SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY Fitterfly WELLNESS SERVICE IS SOLELY AT YOUR OWN RISK.
All chats, emails, audio & video calls are recorded and monitored for quality and training purposes.
Fitterfly and any advice, tips, recommendations, suggestions etc. given to you by us and/or by your coach and/or any brand ambassador and/or any person associated with Fitterfly, on the platform or otherwise, is intended for use only by individuals healthy enough to perform exercise. While our and our coaches’ advice, tips, recommendations, suggestions etc. consider several factors specific to each individual, including anthropometric data, fitness goals, and lifestyle factors, we are not a medical organization, and our recommended workout plans, diets, exercises etc. should not be misconstrued as medical advice, prescriptions, or diagnosis. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Fitterfly and/or any of its brand ambassadors and/or any person associated with it, is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of Fitterfly or any advice, tips, recommendations, suggestions etc. including that of your coach and/or any person associated with Fitterfly. Further, you shall not have and you shall not make any claim for any costs, damages, charges, liabilities etc. against Fitterfly and/or any of its brand ambassadors and/or any person associated with it in the event you do not and/or are not able to achieve results from your use of the features of Fitterfly and/or any advice, tips, recommendations, suggestions etc. given to you by us and/or any of our coaches and/or any persons associated with Fitterfly. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. If you are greater than 35 years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using Fitterfly or acting on any advice, recommendations etc. including your coach’s advice: heart disease, high blood pressure, family history of high blood pressure or heart disease, chest pain caused by previous exercise, dizziness or loss of consciousness caused by previous exercise, bone or joint problems, diabetes, high cholesterol, obesity, arthritis. We reserve the right to deny you access to Fitterfly or your coach for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
WE CANNOT BE SUBSTITUTED FOR YOUR PRIMARY CARE PHYSICIAN (Fitterfly WELLNESS SERVICE) Fitterfly Coaches on Fitterfly Wellness Service are not "your" doctor, physician, or healthcare provider. When you participate in a Consult on Fitterfly Wellness Service, you understand and agree that Fitterfly Coaches on Fitterfly Wellness Service are not your Primary Care Physician and you agree not to use Fitterfly Wellness Service as a substitute for interactions with your Primary Care Physician. Fitterfly Wellness Service contains Content that may help you identify services or may offer services. Everything on Fitterfly Wellness Service, including Content accessed or Services provided through Fitterfly Wellness Service, are for your information, and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment, or care from your physician.
WE DON'T PROVIDE PERSONAL DIAGNOSIS, TREATMENT OR PRESCRIPTIONS Interactions on Fitterfly Wellness Service do not constitute the practice of medicine, and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use Fitterfly Wellness Service to diagnose or treat a medical condition. Please see your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription.
WE'RE NOT FOR USE IN EMERGENCIES Never use Fitterfly Wellness Service in a potential or actual medical emergency.
WE NEED COMPLETE INFORMATION Fitterfly Services can only advise you based on what you've described. Please ensure that you share accurate and complete information.
QUALITY ASSURANCE You understand that information collected through your use of the Services may be reviewed under a Fitterfly quality assurance program. The records of the Fitterfly Quality Assurance Team is subject to confidentiality. All chats, emails, audio & video calls are recorded and monitored for quality and training purposes.
We strongly recommend that you always consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, or before taking any drug or changing your diet
We strongly recommend that you always consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, or before taking any drug or changing your diet
REFUND POLICY We understand that you may change your mind and not continue our programs. You can cancel our program at any time by telling your coach or dropping a mail to email@example.com. Our refund policy for the different programs are as below
|#||Program Name||Refund Policy|
|1||Fitterfly Diabetes CGM (Diabetes Management Program)||
100% before the start of the program and before the device is applied (when applicable for Diabefly Pro Patients).
Cancellation within 7 days of start of the program – 50%
Cancellation after 7 days no refund will be given.
|2||Fitterfly Weight Loss||
100% before start of the program
Cancellation within 14 days of start of the program – 50% fees will be refunded.
Cancellation after 14 days - no refund will be given.
DISCLAIMER OF WARRANTIES YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOTHING ON THE SITE OR SERVICES SHOULD BE TAKEN TO CONSTITUTE MEDICAL ADVICE OR A FORMAL RECOMMENDATION AND WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES AND SERVICES CONTENT.
Fitterfly DISCLAIMS ANY REPRESENTATION AND WARRANTIES FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE SITE, SERVICES AND SERVICES CONTENT; (II) THIRD PARTY PRODUCTS OR SERVICES ADVERTISED ON OR RECEIVED THROUGH ANY LINKS OR OTHER SOURCES PROVIDED ON THE SITE OR VIA THE SERVICES; (III) ANY INFORMATION, CONTENT OR ADVICE RECEIVED THROUGH SUCH SITE, LINKS OR PRODUCTS OR SERVICES.
Fitterfly MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE SITE AND SERVICES WILL BE CORRECTED.
Fitterfly ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT WHICH YOU MAY POST ON THE SITE AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
YOU AGREE THAT ANY CONTENT ACCESSED / DOWNLOADED FROM THE SITE WOULD BE AT YOUR SOLE DISCRETION AND YOU WOULD BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER RESOURCE OR FOR ANY LOSS OF YOUR DATA RESULTING FROM YOU ACCESSING / DOWNLOADING SUCH CONTENT.
YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR Fitterfly TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. Fitterfly IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE SITE, NOR FOR THE CONSEQUENCES OF YOU READING SUCH USER CONTENT. YOU AGREE THAT YOU ARE WHOLLY RESPONSIBLE FOR THE USER CONTENT THAT YOU POST ON THE SITE OR IN THE MOBILE APP.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
LIMITATION OF LIABILITY NEITHER Fitterfly NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE SERVICES. NEITHER Fitterfly NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT THE SERVICES CONTENT OR YOUR PERSONALIZATION SETTINGS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fitterfly WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Fitterfly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES OR THE SITE OR SERVICES CONTENT; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA; CONTENT OR INFORMATION YOU MAY ACCESS AND USE (d) TECHNICAL OR OTHER OPERATIONAL LAPSES ON THE SITE OR VIA THE SERVICES.. OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL FITTERFLY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
SUSPENSION / TERMINATION OF YOUR ACCOUNT You agree that Fitterfly, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services for any reason, without prior intimation to you. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. Fitterfly will not be liable to you or any third-party for any termination of your access to the Services. You cannot suspend or hibernate your service once you have commenced it.
Upon user account termination or suspension, regardless of the reasons therefore, your right to use the Platform, Services or Services Content immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform and Services. Fitterfly shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your user account or any other actions taken by us in connection with such account termination or suspension.
TRANSFER OF SUBSCRIPTION Fitterfly Services is highly personalized to suit your health and fitness needs. Hence the subscriptions are non-transferable and non-refundable.
END OF SUBSCRIPTION At the end of your subscribed plan, you need to renew your coaching services if you wish to continue.
ADVERTISEMENT Fitterfly shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Platform and via the Services.
SEVERABILITY If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
ASSIGNMENT You may not assign or sub-license, without the prior written consent of Fitterfly, the rights, duties or obligations under these Terms, in whole or in part, to any person or entity. Fitterfly Healthtech Pvt Ltd may assign or sub-license any of its rights, duties or obligations under these Terms, in whole or in part, to any of its affiliates, without your prior consent.
If you have any questions or concerns regarding the Terms, Please contact us via email or via our customer care number as mentioned in the Fitterfly application or website.