Terms of Service

These Terms of Service govern your use of Fitplicity: The Gym Software, published by Social Sips Inc. and operated by Debouillet Inc. ("we", "us"). By downloading, installing or using the app you agree to them, together with the End User License Agreement and the Privacy Policy. If you do not agree, do not use the app.

We grant you a personal, non-exclusive, non-transferable, revocable license to use Fitplicity on Apple devices you own or control, for your own lawful use. All intellectual property in the app remains ours.

You must provide accurate information, keep your credentials secure, and are responsible for activity under your account. You must be at least 13 years old (or the minimum age of digital consent where you live) to create one, and you may not use the app if we have previously terminated your account or if applicable law bars you from doing so. Notify support@debouillet.com immediately if you suspect unauthorized access. One person or entity per account; do not share credentials.

You agree not to:

• Break the law, infringe anyone's rights, or use the app to harass or harm others
• Reverse engineer, decompile, scrape or resell any part of the service
• Interfere with the service's operation, security or rate limits
• Upload malware, or content you do not have the right to upload

Fitplicity delivers programming, tracking and gym administration tools. It does not provide medical advice, diagnosis or treatment, and no content in the app is a substitute for a licensed physician, physical therapist or dietitian. Consult a qualified professional before starting or changing a training program. You train at your own risk, and coaches and gyms remain solely responsible for the programming and supervision they provide to their members.

If you use Fitplicity through an employer, gym, team or other organization, that organization administers your workspace: it can add or remove members, set permissions, access workspace content, and export or delete it. The organization is responsible for its own use of that access and for telling its members how it uses their data. If your organization's access ends, we may return, retain or delete workspace content as agreed with the organization.

Fitplicity offers auto-renewing subscriptions. Payment is charged to your Apple ID at confirmation of purchase. Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period, and your account is charged for renewal within 24 hours prior to the end of the current period.

You can manage or cancel your subscription in your Apple ID account settings after purchase. Any unused portion of a free trial is forfeited when you purchase a subscription. Prices may change with notice; changes never apply to a period you have already paid for.

Purchases made inside the app are transacted by Apple under the App Store Terms of Sale. Refunds are issued by Apple, not by us — request one at reportaproblem.apple.com. We will help where we can, but we cannot reverse an Apple charge.

You keep ownership of the content you create or upload. You grant us a limited license to host, process and display it solely to operate the app for you and anyone you share it with. You are responsible for having the rights to the content you upload, and we may remove content that violates these terms.

The app relies on third-party services, including Apple, our cloud infrastructure provider, Stripe. Their terms govern their services, and we are not responsible for outages or acts of those providers.

The app is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the app will be uninterrupted, error-free or that any result obtained from it will be accurate.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to the app is limited to the greater of the amounts you paid us for the app in the twelve months before the claim, or US$50. Some jurisdictions do not allow these limits, in which case they apply to the fullest extent permitted.

You agree to indemnify and hold harmless Social Sips Inc., Debouillet Inc. and their personnel from claims arising out of your misuse of the app, your content, or your violation of these terms or the rights of others.

You may stop using the app and delete your account at any time. We may suspend or terminate access if you breach these terms or to comply with law. Sections covering intellectual property, disclaimers, limitation of liability, indemnity and governing law survive termination.

Where we offer a free trial or promotional price, the terms shown at the point of purchase control. Unless you cancel at least 24 hours before the trial ends, it converts to a paid subscription at the then-current price. Offers are limited to one per Apple ID unless stated otherwise, cannot be combined, and may be withdrawn at any time before purchase.

We improve Fitplicity continuously and may add, change, or remove features, and we may impose reasonable usage limits. If we discontinue a paid feature you rely on, we will give reasonable notice and, where required, a pro-rated refund. We may update these terms; material changes take effect no less than 14 days after we post them and notify you in the app or by email. Continuing to use the app after that date means you accept the updated terms.

We aim for high availability but do not promise uninterrupted service; maintenance, third-party outages and events beyond our control happen. Features labelled beta, preview or experimental are provided without warranty or service commitments and may change or be removed without notice. Support is provided as described on the support page.

If you send us ideas, bug reports or suggestions, you grant us a perpetual, worldwide, royalty-free licence to use them to improve our products, without obligation of confidentiality, attribution or compensation. You keep any rights you already had in the underlying material.

If you believe content in Fitplicity infringes your copyright, send a notice to legal@debouillet.com identifying the work, the material and its location, your contact details, a statement of good-faith belief, a statement that the notice is accurate made under penalty of perjury, and your signature. We remove infringing material promptly, accept counter-notices, and terminate repeat infringers.

You may not use or export Fitplicity in violation of US export laws or sanctions programs, and you represent that you are not located in an embargoed jurisdiction or listed on a US government restricted-party list.

Before filing anything, contact legal@debouillet.com so we can try to resolve the issue informally within 30 days — most problems end here.

If we cannot, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in the State of Texas, United States, rather than in court. Either of us may bring an individual claim in small-claims court instead. You and we waive any right to a jury trial and to participate in a class, collective or representative action.

You may opt out of arbitration by emailing legal@debouillet.com with your account email and the words "arbitration opt-out" within 30 days of first accepting these terms; opting out does not affect any other part of these terms. Nothing here limits rights that mandatory consumer law in your country gives you, and residents of jurisdictions where these provisions are unenforceable are not bound by them.

Nothing in these terms excludes liability for fraud, gross negligence, death or personal injury caused by our negligence, or any other liability that cannot be excluded by law. If you are a consumer in the EEA or UK, you keep your statutory rights, including the 14-day right of withdrawal for digital purchases where it applies. California subscribers may cancel at any time through their Apple ID settings and may report complaints to the Complaint Assistance Unit of the California Department of Consumer Affairs.

These terms, together with the EULA and Privacy Policy, are the entire agreement between us about Fitplicity. If a provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver. You may not assign these terms; we may assign them to an affiliate or in connection with a merger or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be sent to your account email or shown in the app; notices to us go to legal@debouillet.com. You consent to receiving agreements and notices electronically.

These terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law rules. Disputes will be brought in the state or federal courts located there, unless mandatory local consumer law gives you the right to bring them elsewhere.

Questions about these terms: legal@debouillet.com.