Terms of Service

• Service — the Fitly iOS application, related backend services, and any features made available by us.
• Account — your user account created through Sign in with Apple, Sign in with Google, or a one-time code sent to your email.
• User Content — meal photos, meal logs, body metrics, dietary preferences, and any other content you submit to the Service.
• Subscription — a paid recurring access plan to premium features, billed through the Apple App Store.
• Consumer — a User who uses the Service for purposes outside their trade, business, craft, or profession.

To use the Service you must:

• be at least 16 years old (if you reside in the EEA or UK), or 13 years old (in the United States), and in any case have legal capacity to enter into a binding contract;
• be permitted to use the Service under the laws of your country of residence;
• provide accurate registration information.

If we discover that you do not meet the eligibility requirements, we may terminate your Account.

Fitly is an iOS application that uses artificial intelligence to estimate the nutritional content (calories, macronutrients) of meals from photographs and manually entered information, helps you track meals, hydration, and body weight, and offers optional Apple HealthKit sync.

The Service is provided “as is” and may be updated, modified, or discontinued in whole or in part at any time.

• You are responsible for keeping access to your email inbox and device secure, since they are used to sign in to your Account.
• You must notify us promptly if you suspect unauthorized use of your Account.
• You may not share your Account, create multiple Accounts to abuse trial offers, or impersonate any person or entity.

5.1 How subscriptions work

Premium features are sold via the Apple App Store. Pricing, billing periods, and trial duration are shown in the application before purchase.

5.2 Auto-renewal

Subscriptions automatically renew at the then-current price unless you cancel at least 24 hours before the end of the current period. Apple charges your account when the purchase is confirmed and at the start of each renewal period.

5.3 Free trial

If we offer a free trial, you are not charged during the trial. If you do not cancel before it ends, the paid subscription begins and you are charged the standard fee. Trials may be limited to first-time subscribers.

5.4 Cancellation

You can cancel at any time through your Apple ID subscription settings. Access continues until the end of the current paid period.

5.5 Refunds

All purchases are processed by Apple as merchant of record. Refund requests must be made to Apple — see https://support.apple.com/en-us/HT204084. We cannot issue, force, or guarantee refunds.

5.6 Right of withdrawal (EU/UK Consumers)

If you are a Consumer in the EU, EEA, or UK, you have a right to withdraw from a digital-content purchase within 14 days without giving any reason (Consumer Rights Directive 2011/83/EU). However, by purchasing and starting to use the premium features, you expressly consent to immediate performance and acknowledge that you lose this right of withdrawal once supply of the digital content has begun with your consent (Article 16(m) of the same Directive).

Because Apple is the seller, any withdrawal or refund is handled through Apple. Contact us at support@tryfitlyapp.com with your App Store transaction ID and we will assist where we can.

5.7 Price changes

We may change subscription prices for future billing periods. Apple will notify you in advance, and you may cancel before the new price takes effect.

The Service uses artificial intelligence (“AI Features”), primarily Gemini models provided by Google, to identify foods and estimate nutritional information from photographs.

You acknowledge and agree that:

• AI Features produce estimates and approximations only;
• outputs may be incomplete, inaccurate, or wrong — for example, due to hidden ingredients, unusual lighting, portion misjudgment, regional dish variation, or model error;
• you are solely responsible for verifying the accuracy of any nutritional information before relying on it;
• the Service is not a measurement device and may not be suitable for medical-grade nutritional tracking.

We make no warranty, express or implied, regarding the accuracy of AI Features. In accordance with Article 50 of the EU Artificial Intelligence Act, we inform you that nutritional estimates are AI-generated content.

Fitly is not a medical device. The Service does not provide medical, dietary, or healthcare advice.

The Service is intended for general wellness and informational purposes only. It does not diagnose, treat, cure, or prevent any disease or medical condition. Before making changes to your diet, exercise routine, or lifestyle — especially if you have a medical condition such as diabetes, an eating disorder, a chronic illness, allergies, or if you are pregnant or breastfeeding — consult a qualified healthcare professional.

If you experience a medical emergency, contact local emergency services immediately. Do not rely on the Service for emergency or clinical decision-making.

8.1 Ownership

You retain all rights to your User Content. We do not claim ownership.

8.2 Limited license to operate the Service

You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt (such as resizing and format conversion), process through our AI sub-processors, and display your User Content back to you. This license exists solely to operate, secure, and support the Service. It ends when you delete the relevant content or close your Account.

8.3 No AI training on your content

We do not use your User Content or other personal data to train AI models — neither our own nor those of our AI providers. See our Privacy Policy for details.

8.4 Your responsibilities

You represent and warrant that you own or have all necessary rights to submit your User Content, and that submitting it does not violate any law or any third party’s rights.

You agree not to:

• reverse engineer, decompile, or attempt to extract source code from the Service;
• scrape, harvest, or otherwise collect data from the Service by automated means;
• use the Service or any data obtained from it to train machine-learning or AI models or to develop competing products;
• attempt to circumvent rate limits, payment requirements, or security measures;
• create multiple Accounts to abuse free trials or promotions;
• upload content that is illegal, infringes third-party rights, contains malware, or is intended to harm minors;
• impersonate any person or misrepresent your affiliation;
• use the Service in connection with a clinical or medical decision-making process.

We may suspend or terminate your Account if you breach these prohibitions.

You download Fitly from the Apple App Store. You acknowledge that:

• these Terms are between you and us, not Apple;
• Apple has no obligation to provide support or maintenance for the Service;
• Apple is not responsible for the Service or any claims relating to it (including product liability, legal or regulatory compliance, or consumer-protection claims);
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Your use must also comply with the Apple Media Services Terms and the standard Licensed Application End User License Agreement.

The Service integrates with third-party services, including the Apple App Store, Apple HealthKit, and our cloud and AI providers. A full list of sub-processors, with their purposes and locations, is in our Privacy Policy. These services have their own terms and privacy policies. We are not responsible for the practices of third parties beyond our contractual obligations to you under these Terms and the Privacy Policy.

The Service, including its software, design, logo, name “Fitly”, and all related materials, is owned by us and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service strictly in accordance with these Terms.

13.1 By you

You may stop using the Service at any time and delete your Account from the app’s settings. Upon deletion, your data is deleted as described in our Privacy Policy. We do not keep a recovery copy.

13.2 By us

We may suspend or terminate your Account if you materially breach these Terms, if continued provision becomes legally or technically impossible, or if you have not used your Account for an extended period (with prior notice where reasonably possible).

13.3 Effect of termination

Sections 6, 7, 8.3, 9, 10, 12, 14, 15, 16, 17, and 18 survive termination.

To the maximum extent permitted by applicable law and without limiting any non-waivable consumer rights, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted operation.

Nothing in this section limits or excludes any rights you have as a Consumer under mandatory provisions of EU, EEA, UK, or your country’s consumer protection law.

15.1 Liability we never limit

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. This includes liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) intentional misconduct or gross negligence; and (d) any other liability that cannot be excluded or limited under applicable law, including mandatory Polish, EU, EEA, or UK consumer-protection law.

15.2 If you are a Consumer

We are liable for damage caused by our breach of these Terms, but — subject to Section 15.1 — our liability is limited to loss that is reasonably foreseeable and typical for a contract of this kind. We are not liable for loss that was not foreseeable. Nothing in these Terms reduces your mandatory statutory rights as a Consumer, which always prevail.

15.3 If you are not a Consumer

If you use the Service for business, trade, or professional purposes, then to the maximum extent permitted by law:

• we exclude all liability for indirect, incidental, special, consequential, or punitive damages, and for loss of profits, revenue, data, goodwill, or anticipated savings;
• our total aggregate liability arising out of or in connection with the Service or these Terms shall not exceed the greater of: (a) the amount you paid for the Service through Apple in the twelve (12) months before the event giving rise to liability, or (b) one hundred euros (EUR 100).

15.4 AI estimates

Nutritional values produced by AI Features are estimates only. Subject to Sections 15.1 and 15.2, we are not liable for outcomes resulting from your reliance on them (see Sections 6 and 7).

We may update these Terms from time to time. Material changes will be notified through the application or by email in advance, where reasonably possible. Continued use of the Service after the effective date constitutes acceptance. If you do not accept the new Terms, you must stop using the Service and may delete your Account.

17.1 Governing law

These Terms are governed by the laws of the Republic of Poland, excluding its conflict-of-laws rules. If you are a Consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence (Article 6 of the Rome I Regulation).

17.2 Jurisdiction

Disputes shall be resolved by the courts competent for our place of residence. If you are a Consumer, this clause does not affect your right to bring proceedings before the courts of your country of habitual residence (Articles 17–19 of the Brussels Ia Regulation).

17.3 Out-of-court dispute resolution

Consumers may use national alternative dispute resolution. Polish Consumers may contact the Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) or the District Consumer Ombudsman (Powiatowy Rzecznik Konsumentów). A list of national dispute resolution bodies and general EU consumer information is available at https://consumer-redress.ec.europa.eu.

• Severability: if any provision of these Terms is held unenforceable, the remaining provisions remain in effect.
• No waiver: our failure to enforce a right is not a waiver of that right.
• Assignment: you may not assign these Terms without our consent. We may assign them to a successor in connection with the transfer of the project.
• Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Language: these Terms are provided in English. This does not affect any mandatory right you may have as a Consumer to receive information in your own language under applicable law.

• Provider: Mateusz Adamczyk
• Legal & data protection: support@tryfitlyapp.com
• Customer support: support@tryfitlyapp.com