Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using FitApp ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. These Terms constitute a legally binding agreement between you and FitApp.

By clicking "I accept" or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Age Requirement & Eligibility

By using the Service, you represent and warrant that:

• You are at least 16 years of age
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Service under applicable laws
• All information you provide is accurate and truthful

3. Service Description

FitApp is a personal fitness tracking application that enables you to:

• Track body weight over time
• Log food intake and nutritional information
• Record exercise and physical activity
• View progress statistics and trends
• Set personal fitness goals

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice.

4. Health & Medical Disclaimer

5. User Responsibilities

As a user of the Service, you agree to:

5.1 Account Security

• Maintain the confidentiality of your account credentials
• Use a strong, unique password
• Enable two-factor authentication (2FA) when available
• Not share your account with anyone
• Notify us immediately of any unauthorized access
• Accept responsibility for all activity under your account

5.2 Accurate Information

• Provide accurate and up-to-date information
• Update your profile information when it changes
• Not impersonate others or misrepresent your identity

5.3 Acceptable Use

• Use the Service only for lawful purposes
• Not use the Service to harm, harass, or discriminate against others
• Not attempt to gain unauthorized access to the Service or other users' accounts
• Not use automated tools (bots, scrapers) without permission
• Not interfere with or disrupt the Service or its infrastructure
• Not reverse engineer, decompile, or attempt to extract source code
• Not upload malicious code or content (viruses, malware, etc.)

6. Privacy & Data Processing

Your use of the Service is also governed by our Privacy Policy.

6.1 Consent to Data Processing

By using the Service, you explicitly consent to the collection and processing of your health data (weight, nutrition, exercise) as described in the Privacy Policy. This consent is required under GDPR Article 9 for processing special categories of personal data.

6.2 Data Ownership

You retain ownership of your personal data. You may:

• Export your data at any time (CSV/JSON format)
• Request deletion of your account and data
• Withdraw consent for data processing

7. Account Termination

7.1 Termination by You

You may delete your account at any time by:

• Contacting us at admin@fitapp.ch
• Using the account deletion feature (when available)

Upon deletion, your data will be permanently removed within 30 days.

7.2 Termination by Us

We reserve the right to suspend or terminate your account immediately for:

• Violation of these Terms of Service
• Illegal activities or abuse of the Service
• Fraudulent or deceptive behavior
• Harming other users or the Service
• Prolonged inactivity (with 30 days notice)
• Any conduct that could damage our reputation or business

8. Intellectual Property

All content, features, functionality, design, code, and materials of FitApp are owned by FitApp and are protected by copyright, trademark, patent, and other intellectual property laws.

You may NOT:

• Copy, modify, or distribute any part of the Service
• Reverse engineer or attempt to extract source code
• Remove or alter any copyright, trademark, or proprietary notices
• Use FitApp's name, logo, or branding without permission
• Create derivative works based on the Service

9. Limitation of Liability

This includes, but is not limited to, damages for:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Personal injury or health issues
• Service interruptions or unavailability
• Errors or inaccuracies in the Service
• Unauthorized access to your account
• Third-party actions or content
• Any health-related decisions or outcomes

Some jurisdictions do not allow limitation of liability for certain damages.In such cases, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless FitApp, its operators, employees, affiliates, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or share
• Any harm caused to other users

11. Disclaimers & Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We specifically disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• That the Service will be uninterrupted, timely, secure, or error-free
• That the information provided will be accurate, reliable, or complete
• That defects will be corrected
• That the Service is free of viruses or harmful components

12. Third-Party Links & Services

The Service may contain links to third-party websites or services. We are not responsible for:

• The content, privacy policies, or practices of third-party sites
• Any damages resulting from use of third-party services
• The availability or accuracy of third-party content

Links do not imply endorsement. Use third-party services at your own risk.

13. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes:

• We will update the "Last Updated" date at the top
• We will notify you via email (to your registered address)
• We may display a prominent notice in the Service

Continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree with changes, you must stop using the Service and delete your account.

14. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved in the competent courts of Switzerland, Canton of Zürich.

If you are a consumer in the EU, you may also have the right to file a complaint with your local consumer protection authority.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FitApp regarding the Service and supersede all prior agreements and understandings.

17. Contact & Questions

For questions about these Terms: