FitLife Terms of Service
FitLife — Terms of Service (Terms & Conditions)
Last updated: September 20, 2026 Effective date: September 20, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
THESE TERMS INCLUDE A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER (SECTION 21). UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 21, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL. THESE TERMS ALSO CONTAIN IMPORTANT HEALTH, FITNESS, AND SAFETY DISCLAIMERS (SECTION 6), AN ASSUMPTION OF RISK AND RELEASE (SECTION 7), AND LIMITATIONS ON OUR LIABILITY (SECTIONS 18–20). FITLIFE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL, HEALTHCARE, NUTRITIONAL, OR PROFESSIONAL ADVICE. CONSULT A QUALIFIED PHYSICIAN BEFORE BEGINNING ANY EXERCISE, FITNESS, OR NUTRITION PROGRAM.
1. Agreement to These Terms
1.1 These Terms of Service, together with our Privacy Policy and any other policies, guidelines, or supplemental terms we reference or make available (collectively, the "Terms"), form a legally binding agreement between you ("you," "your," or "User") and the operator of the FitLife mobile application and related services ("FitLife," "we," "us," or "our"). FitLife is operated as a sole proprietorship based in the State of Illinois, United States.
1.2 The "Service" means the FitLife iOS application, the "FitLife" and "fitLIFE" brands, any companion applications (including any Apple Watch companion app), our servers and backend, our software, content, features, and any related websites, communications, and services we provide, whether now existing or later developed.
1.3 By downloading, installing, accessing, creating an account for, or using the Service — including by checking the box indicating that you agree to these Terms at sign-up — you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not download, access, or use the Service.
1.4 If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.
2. Definitions
2.1 "Account" means the account you create to access and use the Service.
2.2 "User Content" means any content you submit, post, upload, transmit, generate, share, or otherwise make available through the Service, including profiles, photos, avatars, display names, workouts, routines, comments, feed posts, messages, activity data, and any other materials.
2.3 "Livia" means the AI-powered coaching, chat, and insight features made available within the Service.
2.4 "Health Data" means data relating to your health, fitness, nutrition, body measurements, activity, and physiological metrics, including any data read from Apple Health (HealthKit) with your permission, and any scores, indices, estimates, or projections the Service derives from such data.
2.5 "Apple" means Apple Inc. and its subsidiaries.
2.6 "App Store" means Apple's App Store from which the FitLife application is licensed.
3. Eligibility
3.1 You must be at least 18 years old to create an Account or use the Service. By using the Service, you represent and warrant that you are 18 years of age or older, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction.
3.2 The Service is not directed to and may not be used by anyone under 18. We do not knowingly collect personal information from anyone under 18. If we learn that we have collected personal information from a person under 18, we will take steps to delete that information and terminate the Account.
3.3 You represent that you are not located in, under the control of, or a national or resident of any country or on any list that would make your use of the Service unlawful under U.S. export-control or sanctions laws.
4. The Service
4.1 The Service is a social fitness, nutrition, and wellness application that may include, among other things: a workout logger and custom routine builder; nutrition and goal tracking; weight and body-composition analytics; a two-score health system (including a "Health Index" and a "Daily Score"); outdoor GPS cardio tracking; a social layer (friends, feed, live workouts, and messaging); Apple Watch companion features; Apple Health (HealthKit) integration; and AI-powered coaching and insights (Livia).
4.2 The Service, including all features, scores, estimates, and content, is provided for general informational, educational, organizational, and motivational purposes only.
4.3 We may add, modify, suspend, or discontinue any part of the Service — including any feature, score, or content — at any time, with or without notice, and without liability to you. We do not guarantee that the Service, or any particular feature, will always be available, uninterrupted, timely, secure, or error-free.
5. Accounts and Security
5.1 To use most features, you must create an Account and provide accurate, current, and complete information. You agree to keep your Account information up to date.
5.2 You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
5.3 You are solely responsible for the security of the device on which you use the Service. We are not liable for any loss or damage arising from your failure to safeguard your credentials or device.
5.4 You may not share, sell, transfer, or license your Account, or allow another person to use your Account, without our permission.
6. HEALTH, FITNESS, AND SAFETY DISCLAIMER — NOT MEDICAL ADVICE
THIS SECTION IS IMPORTANT. PLEASE READ IT CAREFULLY.
6.1 Not a medical device; not medical advice. FitLife is a general consumer fitness and wellness tool. It is not a medical device, is not intended to diagnose, treat, cure, mitigate, monitor, or prevent any disease, injury, or health condition, and does not provide medical, healthcare, nutritional, psychological, or other professional advice. Nothing in the Service — including workouts, routines, nutrition guidance, calorie or macro targets, weight projections, TDEE estimates, the Health Index, the Daily Score, any other score, index, insight, or output of Livia — is a substitute for the advice, diagnosis, or treatment of a qualified physician, registered dietitian, licensed therapist, or other qualified healthcare professional.
6.2 Consult a professional first. You should always consult a qualified physician or other healthcare professional before beginning, changing, or stopping any exercise, fitness, training, nutrition, diet, supplementation, weight-loss, or weight-gain program, and before relying on any information provided through the Service. This is especially important if you are pregnant or nursing, are elderly, are under medical supervision, have or suspect you have a medical condition (including heart disease, high blood pressure, diabetes, eating disorders, injuries, or musculoskeletal conditions), take medication, or have any concerns about your ability to exercise safely.
6.3 Never disregard professional advice. Never disregard, avoid, or delay obtaining medical or professional advice because of anything you have read, seen, or received through the Service.
6.4 Physical activity involves risk. Physical exercise and activity — including strength training, cardio, running, walking, hiking, cycling, and outdoor activity — carry inherent risks, including the risk of serious personal injury, disability, or death, as well as damage to property. These risks cannot be eliminated regardless of care taken. You are responsible for exercising within your own limits, using proper form and appropriate equipment, staying aware of your surroundings and conditions (including while using GPS/outdoor cardio features), and stopping immediately and seeking medical attention if you experience pain, dizziness, faintness, shortness of breath, discomfort, or any other symptom.
6.5 Estimates are not guarantees. All scores, indices, calorie counts, macronutrient values, TDEE and energy estimates, weight and body-composition analytics, projections, verdicts, and other outputs are approximations generated from the data available to the Service and from general models and assumptions. They may be inaccurate, incomplete, or unsuitable for you, and they may differ from measurements or assessments made by professionals or medical equipment. Do not rely on them as accurate, complete, or appropriate for your circumstances.
6.6 Third-party and device data. Data read from Apple Health (HealthKit), your device sensors, GPS, connected wearables (including any Apple Watch companion), and other third-party sources may be inaccurate, delayed, or incomplete, and is outside our control. We are not responsible for the accuracy of such data or for any decision you make based on it.
7. Assumption of Risk; Release and Waiver
7.1 Voluntary participation. You acknowledge that your use of the Service and your participation in any exercise, activity, program, nutrition plan, or other conduct undertaken in connection with the Service is entirely voluntary and undertaken at your own risk.
7.2 Assumption of risk. To the fullest extent permitted by law, you knowingly, freely, and expressly assume all risks, known and unknown, of personal injury (including death), illness, aggravation of a pre-existing condition, and property damage arising out of or related to your use of the Service or any activity you undertake in connection with it, even if arising from the negligence of the Released Parties (defined below).
7.3 Release and waiver. To the fullest extent permitted by law, you hereby release, waive, discharge, and covenant not to sue FitLife and its owner, operators, affiliates, licensors, service providers, suppliers, and their respective officers, employees, agents, and contractors (collectively, the "Released Parties") from any and all claims, demands, liabilities, damages, losses, costs, and expenses (including attorneys' fees) of any kind arising out of or related to any injury, death, illness, loss, or damage you suffer in connection with your use of the Service or any activity undertaken in connection with it, whether based in contract, tort (including negligence), strict liability, or otherwise.
7.4 Nothing in this Section limits liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, or fraud where such limitation is prohibited.
8. Artificial Intelligence Features (Livia)
8.1 The Service includes AI-powered features (Livia) that generate responses, coaching, summaries, and insights automatically using machine-learning models, which may be provided in part by third parties (for example, Google's Gemini models).
8.2 AI output may be wrong. AI-generated content is produced by predictive models and may be inaccurate, incomplete, outdated, misleading, biased, or inappropriate for you. It is not reviewed by a human, a physician, a dietitian, or any professional before you receive it. You must independently evaluate and verify any AI output before relying on it, and you must not rely on it as medical, healthcare, nutritional, legal, financial, or other professional advice. Section 6 applies fully to all AI output.
8.3 You are solely responsible for any actions you take based on AI output. To the fullest extent permitted by law, the Released Parties are not liable for any AI output or for any decision or action you take in reliance on it.
8.4 You agree not to use the AI features to generate content that is unlawful, harmful, harassing, or otherwise in violation of Section 10 or Section 11, and not to attempt to reverse-engineer, extract, or misuse the underlying models. Your interactions with AI features may be processed by third-party model providers subject to their terms and our Privacy Policy.
9. Apple Health (HealthKit) and Device Data
9.1 With your permission, the Service reads certain Health Data from Apple Health (HealthKit), which may include steps, active energy, sleep, resting heart rate, VO₂ max, and body-fat percentage. You can grant or revoke these permissions at any time in your device settings.
9.2 We use Health Data only to provide and improve the features you use (such as scores, activity tracking, and calorie estimates), consistent with our Privacy Policy and applicable Apple requirements. We do not sell Health Data, and we do not use Health Data obtained through HealthKit for advertising or other use-based data mining beyond providing you the Service or improving health-management features, except as permitted by applicable law and Apple's policies.
9.3 You are responsible for the accuracy of the data you enter and the permissions you grant. Health Data and device/sensor data may be inaccurate or incomplete as described in Section 6.
10. Acceptable Use
10.1 You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree that you will not, and will not attempt to, and will not permit or encourage any third party to:
(a) violate any applicable law, regulation, or third-party right;
(b) upload, post, transmit, or otherwise make available any User Content that is prohibited under Section 11;
(c) harass, threaten, stalk, bully, defame, defraud, degrade, impersonate, or harm any person, or collect or harvest information about other users;
(d) use the Service to send spam, chain letters, or unsolicited communications, or to promote any product or service without our authorization;
(e) upload or transmit any viruses, malware, or other harmful code, or interfere with, disrupt, overburden, or impair the Service, our servers, or networks;
(f) attempt to gain unauthorized access to the Service, other users' accounts, or any systems or networks connected to the Service;
(g) reverse-engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code of, or create derivative works from, the Service, except to the extent this restriction is prohibited by applicable law;
(h) copy, modify, distribute, sell, resell, sublicense, rent, lease, or commercially exploit the Service or any part of it, or remove or alter any proprietary notices;
(i) use any robot, spider, scraper, or other automated means to access, scrape, or index the Service, or circumvent any access controls, rate limits, or security measures;
(j) use the Service to develop a competing product or service, or benchmark it without our written consent;
(k) misrepresent your identity or affiliation, or use another person's Account; or
(l) use the Service in any manner that could disable, damage, or impair it, or interfere with any other party's use of it.
10.2 We may investigate and take any action we deem appropriate for any actual or suspected violation, including removing content, suspending or terminating Accounts, and reporting to and cooperating with law-enforcement authorities.
11. User Content and Social Features
11.1 Your responsibility. You are solely responsible for your User Content and for the consequences of posting, sharing, or transmitting it. You represent and warrant that you own or have all necessary rights to your User Content, and that your User Content and our use of it as permitted here do not and will not infringe, misappropriate, or violate any third party's rights (including intellectual property, privacy, and publicity rights) or any law.
11.2 License you grant to us. You retain ownership of your User Content. You grant FitLife a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content solely for the purposes of operating, providing, improving, promoting, and developing the Service and as otherwise permitted by our Privacy Policy. This license continues for as long as your User Content is on the Service and for a commercially reasonable period afterward for backups and legal compliance. You also grant other users a license to access and view your User Content as enabled by the Service's features (for example, in the feed or to friends).
11.3 Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without compensation or obligation to you.
11.4 Prohibited content — ZERO TOLERANCE. You agree not to create, upload, post, share, or transmit any User Content that:
(a) is unlawful, defamatory, libelous, fraudulent, deceptive, or misleading;
(b) is obscene, pornographic, sexually explicit, or otherwise objectionable;
(c) is hateful, harassing, threatening, abusive, bullying, or that promotes or incites violence, self-harm, disordered eating, or discrimination against any individual or group;
(d) depicts or promotes dangerous, unsafe, or harmful activity, or unsafe fitness, dieting, supplementation, or weight practices;
(e) infringes or misappropriates any third party's intellectual property, privacy, publicity, or other rights;
(f) contains any other person's personal or confidential information without their consent;
(g) contains viruses or malicious code, or is designed to disrupt or harm; or
(h) violates any provision of these Terms or any applicable law.
We have zero tolerance for objectionable content and abusive users. By using any social feature, you agree to this standard.
11.5 Moderation. We may, but are not obligated to, monitor, review, screen, moderate, or edit User Content. We reserve the right, in our sole discretion and without notice or liability, to remove, disable, restrict, or refuse any User Content, and to suspend or terminate any Account, for any reason or no reason, including for any actual or suspected violation of these Terms. We do not endorse and are not responsible for any User Content.
11.6 Reporting and blocking. The Service provides tools to report objectionable content and to block abusive users. We will review reports of objectionable content and will act on them within a commercially reasonable time (which we intend to be within 24 hours of a report where feasible), including by removing content and/or removing the user who provided it. If you encounter content or conduct that violates these Terms, please report it using the in-app tools or contact us at info@gyfrapp.com.
11.7 EULA acceptance for social features. By using any social or user-generated-content feature, you agree to these Terms as the end-user license agreement governing that feature, including the no-tolerance policy in Section 11.4 and the moderation and reporting terms above.
12. Copyright and DMCA Policy
12.1 We respect intellectual property rights and expect users to do the same. We will respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA").
12.2 If you believe your copyrighted work has been infringed on the Service, please send a written notice to our designated agent at info@gyfrapp.com that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
12.3 We may remove or disable access to material claimed to be infringing and may terminate the accounts of repeat infringers in appropriate circumstances. If you believe your material was removed in error, you may submit a counter-notice with the information required by the DMCA.
13. Intellectual Property
13.1 The Service and all of its content, features, and functionality — including software, code, text, graphics, logos, icons, images, designs, the "FitLife" and "fitLIFE" names and marks, the Health Index and Daily Score methodologies, and the look and feel of the Service (excluding User Content) — are owned by FitLife or its licensors and are protected by copyright, trademark, and other intellectual-property laws.
13.2 Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the FitLife application on an Apple-branded product that you own or control, and to access the Service, solely for your personal, non-commercial use, and subject to the Usage Rules of the App Store. All rights not expressly granted are reserved.
13.3 You may not use our name, marks, or branding without our prior written consent.
14. Third-Party Services and Content
14.1 The Service relies on and may link to or interoperate with third-party products and services, including Apple, Apple Health (HealthKit), Google (including Gemini AI models), Supabase (hosting, database, and authentication), and others. Your use of third-party services may be subject to their own terms and privacy policies, and we encourage you to review them.
14.2 We do not control and are not responsible for third-party services, content, or availability, and we make no representations about them. Your dealings with third parties are solely between you and them. To the fullest extent permitted by law, we are not liable for any loss or damage arising from third-party services or from any interruption, error, or change in them.
15. Purchases, Subscriptions, and Payments
15.1 The Service is currently offered free of charge. We reserve the right to introduce paid features, subscriptions, or in-app purchases in the future, and to change our pricing, at any time.
15.2 If we offer paid features through the App Store, all purchases are processed by Apple and are subject to Apple's terms and the App Store Usage Rules. Billing, renewals, cancellations, and refunds for App Store purchases are handled by Apple in accordance with Apple's policies. Except as required by law or Apple's policies, all purchases are final and non-refundable.
15.3 Subscriptions, if offered, will automatically renew unless canceled through your App Store account settings at least 24 hours before the end of the current period, and your account will be charged for renewal within 24 hours before the end of the current period, consistent with Apple's rules disclosed at the point of sale.
16. Privacy
16.1 Your privacy matters. Our Privacy Policy, available at https://gyfrapp.com/pages/fitlife-privacy-policy and incorporated into these Terms by reference, describes how we collect, use, store, share, and protect your information, including Health Data. By using the Service, you consent to the practices described in the Privacy Policy.
17. Termination
17.1 By you. You may stop using the Service and delete your Account at any time using the in-app account-deletion feature, which deletes your Account and associated remote data as described in our Privacy Policy.
17.2 By us. We may suspend, restrict, or terminate your access to the Service or your Account at any time, with or without notice and with or without cause, including if we believe you have violated these Terms, if required by law, or to protect the Service or other users.
17.3 Effect of termination. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination — including Sections 6–8, 11.1–11.3, 12–14, and 18–24 — survive. Termination does not limit any of our other rights or remedies.
18. Disclaimer of Warranties
18.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT, SCORES, ESTIMATES, AI OUTPUT, AND OTHER MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
18.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
18.3 We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components; that any defects will be corrected; that results, scores, or estimates will be accurate or reliable; or that the Service will meet your requirements or expectations. No advice or information, whether oral or written, obtained from us or through the Service, creates any warranty not expressly stated in these Terms.
18.4 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by law.
19. Limitation of Liability
19.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, DEATH, ILLNESS, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
19.3 These limitations apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in such cases, our liability is limited to the maximum extent permitted by law.
20. Indemnification
20.1 To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms or any applicable law or third-party right; (d) any activity you undertake in connection with the Service, including any injury, death, illness, or property damage; or (e) your interactions or disputes with other users or third parties.
20.2 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us. You will not settle any matter that affects the Released Parties without our prior written consent.
21. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
21.1 Informal resolution first. Before starting any arbitration or other proceeding, you agree to first contact us at info@gyfrapp.com and provide a written description of the dispute and the relief you seek. The parties will attempt in good faith to resolve the dispute informally for at least sixty (60) days from that notice. This informal process is a condition precedent to starting arbitration.
21.2 Agreement to arbitrate. Except as provided in Section 21.5, you and FitLife agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") that is not resolved informally will be resolved exclusively by final and binding individual arbitration, rather than in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
21.3 Arbitration procedure. The arbitration will be administered by a nationally recognized arbitration provider (such as the American Arbitration Association (AAA)) under its consumer arbitration rules then in effect, as modified by these Terms. The arbitration will be conducted in the English language. Unless the parties agree otherwise, the seat of arbitration will be in or near Cook County, Illinois; if you are a consumer, you may elect to participate by telephone or video, or to have the arbitration conducted in your home county. The arbitrator has exclusive authority to resolve any Dispute, including any question about the scope, enforceability, or arbitrability of this agreement, except that a court has authority over the Class Action Waiver in Section 21.4. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
21.4 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND FITLIFE 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. YOU AND FITLIFE ALSO WAIVE ANY RIGHT TO A JURY TRIAL. If this Class Action Waiver is found unenforceable as to a particular claim or request for relief, then that claim or request will be severed and may proceed in court, while all other claims proceed in arbitration.
21.5 Exceptions. Notwithstanding the above, either party may (a) bring an individual claim in a small-claims court of competent jurisdiction if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property or confidentiality rights.
21.6 30-day right to opt out. You may opt out of this arbitration agreement (Sections 21.2–21.4) by sending written notice to info@gyfrapp.com within thirty (30) days after you first accept these Terms. Your notice must include your name, the email associated with your Account, and a clear statement that you want to opt out of arbitration. If you opt out, the class-action waiver and arbitration agreement will not apply to you, but the rest of these Terms (including Section 22, Governing Law) will still apply. Opting out of this arbitration agreement has no effect on any prior or future arbitration agreement you may have with us.
21.7 Time limit to bring a claim. To the fullest extent permitted by law, any Dispute must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.
21.8 Changes to this section. If we make a material change to this Section 21 after you accept these Terms, you may reject the change by notifying us at info@gyfrapp.com within thirty (30) days, in which case the most recent version before the change will apply.
22. Governing Law and Venue
22.1 These Terms and any Dispute are governed by the laws of the State of Illinois, and, where applicable, the Federal Arbitration Act and other applicable U.S. federal law, without regard to conflict-of-laws principles.
22.2 To the extent any Dispute is not subject to arbitration and is not brought in small-claims court, you and FitLife agree that it will be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction of, and venue in, those courts and waive any objection to them.
22.3 The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
23. Apple-Specific Terms
These terms apply to your use of the FitLife application obtained from the App Store, and supplement the rest of these Terms. In the event of a conflict between this Section and the other terms with respect to your App Store use, this Section controls solely to that extent.
23.1 Acknowledgment. These Terms are between you and FitLife only, and not with Apple. FitLife, not Apple, is solely responsible for the FitLife application and its content.
23.2 Scope of license. The license granted to you for the FitLife application is a limited, non-transferable license to use the application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where applicable.
23.3 Maintenance and support. FitLife is solely responsible for providing any maintenance and support for the application as required by these Terms or applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application.
23.4 Warranty. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the application. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of FitLife.
23.5 Product claims. FitLife, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession and/or use of the application, including: (a) product-liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the application's use of HealthKit.
23.6 Intellectual property. In the event of any third-party claim that the application or your possession and use of the application infringes that third party's intellectual-property rights, FitLife, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
23.7 Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
23.8 Developer contact. Questions, complaints, or claims regarding the application should be directed to FitLife at info@gyfrapp.com.
23.9 Third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
24. Changes to These Terms
24.1 We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by updating the "Last updated" date, posting the revised Terms in the Service, or notifying you through the Service or by email.
24.2 Changes are effective when posted unless we state otherwise. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may delete your Account. Section 21.8 governs changes to the arbitration agreement.
25. General
25.1 Entire agreement. These Terms, together with the Privacy Policy and any supplemental terms, constitute the entire agreement between you and FitLife regarding the Service and supersede all prior agreements and understandings.
25.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
25.3 No waiver. Our failure to enforce any right or provision of these Terms will not be a waiver of that right or provision. Any waiver must be in writing to be effective.
25.4 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment in violation of this Section is void. We may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
25.5 Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms.
25.6 Force majeure. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet or utility failures, or failures of third-party services.
25.7 Notices. We may provide notices to you through the Service or to the email associated with your Account. You may provide notices to us at info@gyfrapp.com. Notices are deemed given when sent.
25.8 Headings. Section headings are for convenience only and do not affect interpretation.
25.9 Survival. Provisions that by their nature should survive termination will survive.
25.10 Contact. If you have any questions about these Terms, please contact us at info@gyfrapp.com.
By checking the "I agree to the Terms of Service and Privacy Policy" box at sign-up, or by otherwise accessing or using FitLife, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.