Terms of Service

01Agreement to these Terms

By creating an account, downloading or installing the Fit app, or otherwise accessing or using any part of the Services, you accept these Terms and our Privacy Policy and agree to comply with them and with all applicable laws, rules and regulations. If you do not agree, your only remedy is to not use the Services.

These Terms apply to every surface of the Services, including beta builds of the app distributed through TestFlight, Google Play or direct download, the usefitapp.com website, The Baseline blog and newsletter, and invite links. Additional terms presented for a specific feature apply to that feature in addition to these Terms.

02Who may use the Services

To use the Services, you represent and warrant that:

• you are at least 16 years old, and at least the age required in your jurisdiction to consent to these Terms and to the processing of your data (if higher);
• you have the legal capacity to enter into a binding agreement;
• you are not barred from using the Services under any applicable law; and
• any registration information you submit is accurate, and you will keep it accurate.

Accounts are personal. You may not create an account for anyone else, use another person's account, or maintain multiple accounts to manipulate crews, contests or leaderboards.

03Your account

You are responsible for your account and for everything that happens under it. Keep your credentials confidential, secure the devices you use with the Services, and notify us promptly at hello@scribeberry.com if you believe your account has been compromised. We are not liable for any loss arising from unauthorized use of your account that results from your failure to protect your credentials or devices.

Handles and display names must not impersonate others, infringe anyone's rights, or be offensive or misleading. We may require you to change a handle that violates these Terms.

04The Services and beta status

Fit is a fitness competition app: it reads health and fitness data you authorize from connected trackers and platforms, normalizes it, scores it, and lets you compete and stay accountable with small groups ("crews") through leaderboards, contests, chat and an AI coach.

The Services are currently beta software. They are provided for evaluation and early use, and they change frequently. To the maximum extent permitted by applicable law, we may at any time and without liability: add, change, suspend, limit or remove features; impose usage limits; interrupt or discontinue the Services in whole or in part; and delete or reset data associated with beta features. We do not promise any level of availability, performance or support, and we do not promise that any data you store in the Services will be preserved. Keep your source data in your tracker platforms; Fit is not a system of record.

You are responsible for the devices, operating system versions and network access needed to use the Services, and for any carrier or data charges. Updates may be required for continued use.

05Health and safety; not medical advice

The Services provide motivational, informational and entertainment content only. Nothing in the Services is medical advice, diagnosis or treatment, and the Services are not a medical device. Scores, insights, trends, cohort comparisons and coach messages are estimates derived from consumer wearable data, which is itself imprecise and varies between devices and brands. Never rely on the Services for any medical, health or safety decision, and never disregard or delay professional medical advice because of anything in the Services.

Physical exercise carries inherent risks, including serious injury. Before starting or changing an exercise program, consult a qualified physician, particularly if you have any medical condition, are pregnant, or have been advised to limit physical activity. By using the Services you represent that you are physically able to engage in the activity you undertake. Stop exercising immediately and seek medical attention if you experience pain, dizziness, shortness of breath or other warning signs. If you believe you have a medical emergency, call your local emergency number. The Services are not an emergency, monitoring or alerting service.

Competition can encourage overexertion. You alone are responsible for training within your limits, regardless of what a leaderboard, contest, streak, crew member or coach message may motivate you to do.

06Connected platforms and data accuracy

The Services depend on third-party platforms you choose to connect (such as Apple Health, Health Connect, WHOOP, Oura, Garmin and Google Health for Fitbit). Your use of each platform is governed by that platform's own terms, and you agree to comply with them when using it with Fit. You represent that you are entitled to connect any account you connect.

Those platforms control their own interfaces and policies. They may change, limit, suspend or terminate the access they give applications like Fit at any time, for any reason, without notice to you or to us. We do not guarantee the continued availability of any integration, and to the maximum extent permitted by applicable law we are not liable for any change, interruption or termination of a third-party integration, or for any loss of functionality or data that results.

All health and fitness numbers in the Services originate from your devices and platforms, or from your manual entries. We do not verify them, and we are not responsible for their accuracy, completeness or timeliness, nor for scores and comparisons computed from them.

07Privacy

Our Privacy Policy explains what information we collect, how we use and share it, where it is stored, and the choices and rights you have, including how consent works for health data and how sharing with crews is controlled. By using the Services you consent to the collection, use, storage, processing, transfer and disclosure of information as described there.

08Acceptable use

When using the Services, you must not, and must not attempt to:

• break any applicable law, or use the Services for any unlawful, harmful or fraudulent purpose;
• harass, bully, threaten, defame or abuse anyone, or post content that is hateful, obscene, violent or otherwise objectionable;
• impersonate any person or entity, or misrepresent your affiliation with anyone;
• post or share another person's personal information, health information or private communications without their consent;
• falsify, manipulate or spoof health or activity data, or otherwise cheat in crews, contests, streaks or leaderboards (we may correct, exclude or remove data that we reasonably believe is manipulated, and may disqualify, suspend or terminate accounts involved);
• access the Services by any means other than the interfaces we provide, including by scraping, crawling, bulk downloading or automated querying;
• probe, scan, breach or test the vulnerability of the Services, interfere with their operation, or introduce malicious code;
• reverse engineer, decompile, disassemble or attempt to extract the source code of the Services, except to the extent this restriction is prohibited by applicable law;
• copy, resell, rent, sublicense or commercially exploit the Services or any data obtained from them;
• circumvent usage limits, security measures or access controls, or share invite links or tokens in a manner designed to abuse the Services; or
• use the Services to develop a competing product, or to send spam or unsolicited communications.

We may investigate suspected violations and take any action we consider appropriate, including removing content, restricting features, suspending or terminating accounts, and reporting to authorities.

09Crews, contests and social features

• Crews are shared spaces. Content you post to a crew and metrics you share with it are visible to its members, as described in the Privacy Policy. Choose crews, sharing settings and words with care; we cannot retract what other members have already seen.
• Membership. Crew owners and admins may manage crew settings and membership. You may leave a crew at any time. We may remove members or close crews that violate these Terms.
• Invite links. Anyone holding a valid invite link can preview and join the crew it belongs to. You are responsible for where you share your invite links, and we may revoke invite links at any time.
• Contests. Contests and leaderboards are peer competitions for motivation. We do not offer prizes, and the Services must not be used for wagering, betting or any activity that requires a licence. Any arrangement between members about a contest is solely between those members. Contests are void where prohibited by law.
• Other users. You are solely responsible for your interactions with other users, in and outside the Services. We do not screen users and, to the maximum extent permitted by applicable law, we are not responsible for any user's conduct or content.

10Your content

You retain ownership of the content you submit to the Services, including messages, comments, profile information, manually logged activity and photos ("Your Content"). You grant Scribeberry a non-exclusive, worldwide, royalty-free licence, with the right to sublicense to the service providers who host and operate the Services, to store, reproduce, adapt for technical purposes, display and distribute Your Content, solely to operate, provide, secure and improve the Services and as your settings and the Privacy Policy direct. This licence ends when Your Content is deleted from the Services, except for content already shared with other users (which remains part of their conversations and spaces), for de-identified or aggregated data, and for copies retained in routine backups for a limited time or as required by law.

You represent and warrant that you have all rights needed to submit Your Content and grant this licence, and that Your Content does not violate any law or anyone's rights. We may remove or refuse any content that we reasonably believe violates these Terms, but we have no obligation to monitor content. Report abuse or infringement to hello@scribeberry.com; include enough detail for us to locate the content, and we will respond as required by applicable law.

11The Fit Coach and AI content

The Fit Coach and related features generate content automatically using artificial intelligence. AI output may be inaccurate, incomplete, outdated or inconsistent, and may not reflect your actual condition or circumstances. AI output is provided for motivation and general information only; it is not medical, nutritional, legal, financial or other professional advice, and you must not rely on it as such. You are solely responsible for any decision or action you take based on AI output. Do not submit other people's personal information to the coach.

12Our intellectual property

The Services, including the app, website, blog content, designs, graphics, text, software, scores, algorithms and all related intellectual property, are owned by Scribeberry or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the app on devices you own or control, and to access the Services, for your personal, non-commercial use. No other rights are granted, and we reserve all rights not expressly granted.

"Fit" and our logos and distinctive brand features may not be used without our prior written permission. Third-party trademarks that appear in the Services, including Apple, Google, Garmin, WHOOP, Oura, Fitbit and Samsung, belong to their respective owners; they are used only to identify those platforms and do not imply any affiliation or endorsement. The Services may include open-source components, which are licensed under their own terms.

13Feedback

If you send us ideas, suggestions or other feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify and exploit that feedback for any purpose, without any obligation, compensation or attribution to you, and you waive any moral rights in it to the extent permitted by law.

14Fees

The Services are currently provided free of charge during the beta. We may introduce paid features or subscriptions in the future; if we do, pricing and payment terms will be presented before you are charged, and any purchase made through an app store will also be subject to that store's payment terms. We may change what is free and what is paid at any time on reasonable notice.

15Third-party services

The Services link to and interoperate with third-party services, including the connected platforms described in section 06, sign-in providers, app stores and websites we link to. Third-party services are governed by their own terms and policies, we do not control them, and to the maximum extent permitted by applicable law we are not responsible for them or for any loss arising from your use of them. Any dealings you have with a third party are between you and that third party.

16Suspension and termination

You may stop using the Services at any time and delete your account in Fit under You → Delete my account, or on our web deletion page. For help verifying ownership or completing a request, contact hello@scribeberry.com.

To the maximum extent permitted by applicable law, we may suspend, restrict or terminate your access to all or part of the Services at any time, with or without notice, including if we reasonably believe you have violated these Terms, to protect the Services or other users, to comply with law, or because we discontinue the Services. Upon termination your licence to use the Services ends immediately. Deletion of data after termination is handled as described in the Privacy Policy.

Sections 05, 06 and 10 through 21, section 24, and any other provision that by its nature should survive, survive termination of these Terms.

17Disclaimers of warranties

To the maximum extent permitted by applicable law, the Services and all content, data, scores and features are provided "as is" and "as available", with all faults and without warranties, conditions or representations of any kind, whether express, implied, statutory or otherwise, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, accuracy or quiet enjoyment, and any warranties arising from course of dealing or usage of trade, all of which we disclaim. We do not warrant that the Services will be uninterrupted, timely, secure, error-free or free of harmful components, that defects will be corrected, that any data will be accurate, reliable or preserved, or that the Services will meet your requirements. No advice or information obtained from us or through the Services creates any warranty not expressly stated in these Terms.

18Assumption of risk and release

You use the Services voluntarily and entirely at your own risk, and to the maximum extent permitted by applicable law you assume all risks arising from that use. Those risks include, without limitation: the inherent risks of physical exercise, training and competition, up to and including serious injury; the risk of overexertion encouraged by competitive features; the risk that data, scores and AI output are inaccurate or incomplete; the risks of transmitting information over the internet; the risk that beta software fails or loses data; the risk that third-party platforms change or terminate integrations; and the risks arising from your interactions with other users and from the information you choose to share with them.

To the maximum extent permitted by applicable law, you release Scribeberry and its directors, officers, employees, contractors and agents from all claims, demands, damages and losses arising out of or connected with these risks, and you agree that this release is intended to be as broad and inclusive as applicable law permits.

19Limitation of liability

To the maximum extent permitted by applicable law, Scribeberry and its directors, officers, employees, contractors, agents, suppliers and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, use or data, or for personal injury or property damage, arising out of or relating to the Services or these Terms, however caused and under any theory of liability, whether contract, warranty, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages, and even if a limited remedy fails of its essential purpose.

To the same maximum extent, our total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of fifty Canadian dollars (CAD $50) and the amounts you paid us for the Services in the twelve months before the event giving rise to the claim. Your sole and exclusive remedy for dissatisfaction with the Services is to stop using them.

Some jurisdictions do not allow certain exclusions or limitations of warranties or liability, including for consumers; in those jurisdictions the above exclusions and limitations apply only to the fullest extent the law allows, and nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, or deprives you of mandatory rights you have as a consumer under the laws of the place where you live.

20Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Scribeberry and its directors, officers, employees, contractors and agents from and against all claims, demands, proceedings, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your use or misuse of the Services; (b) Your Content; (c) your breach of these Terms or of any law; (d) your violation of any third party's rights or of any third-party platform's terms; or (e) your interactions or disputes with other users. We may assume the exclusive defence and control of any matter subject to indemnification by you (at our expense), in which case you agree to cooperate with our defence.

21Governing law and disputes

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. Before starting any formal proceeding, you agree to contact us at hello@scribeberry.com with a description of the dispute and to attempt in good faith to resolve it informally for at least thirty (30) days.

Arbitration. If a dispute is not resolved informally, and except where prohibited by applicable law, the dispute will be resolved by final and binding arbitration before a single arbitrator, seated in Alberta, conducted in English under Alberta's arbitration legislation, rather than in court. Either party may instead bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief from a court to protect intellectual property or the security of the Services. Judgment on the award may be entered in any court with jurisdiction. For any dispute that is not subject to arbitration, the parties submit to the exclusive jurisdiction of the courts located in Alberta, Canada.

Individual claims only. To the maximum extent permitted by applicable law, disputes must be brought on an individual basis only, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and you and Scribeberry each waive any right to a trial by jury. If the law where you live does not permit mandatory arbitration, class waivers or jury waivers for consumers, those provisions do not apply to you to that extent, and nothing in this section deprives you of mandatory consumer protections of the place where you live.

22App store terms

If you obtain the app through Apple's App Store or TestFlight, or through Google Play, your use is also subject to that store's terms (including, for beta builds, Apple's TestFlight terms). The following applies to app copies obtained through Apple:

• These Terms are between you and Scribeberry only, not with Apple Inc. ("Apple"), and Apple is not responsible for the app or its content.
• Your licence to the app is limited to use on Apple-branded devices that you own or control, as permitted by the App Store terms.
• Apple has no obligation to provide any maintenance or support for the app.
• Apple is not responsible for investigating, defending, settling or discharging any claim relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, consumer protection claims, or intellectual property claims; those matters are our responsibility to the extent stated in these Terms.
• In the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple will refund any purchase price paid for the app (if any); to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the app.
• You represent that you are not located in a country subject to a U.S. government embargo or designated as "terrorist supporting", and that you are not on any U.S. government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the app, and may enforce them against you.

23Changes to these Terms

We may update these Terms from time to time, including as the Services evolve out of beta. When we do, we will post the updated Terms on this page and revise the "Last updated" date above, and for material changes we will provide additional notice (such as an in-app notice or email) where required by law. Changes take effect when posted unless a later date is stated. Your continued use of the Services after updated Terms take effect constitutes your acceptance of them; if you do not agree, stop using the Services.

24General terms

• Entire agreement. These Terms, together with the Privacy Policy and any additional feature terms, are the entire agreement between you and Scribeberry about the Services and supersede all prior agreements and understandings about them.
• Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of it or of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms or your account. We may assign these Terms without your consent, including to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
• No agency. These Terms do not create any partnership, joint venture, employment or agency relationship.
• Third-party beneficiaries. Except for Apple as described in section 22 and the persons entitled to indemnification or release under sections 18 and 20, these Terms create no third-party beneficiary rights.
• Language. These Terms are drafted in English. Where a translation is provided, the English version governs to the extent permitted by law.
• Headings. Headings and the "short version" summary are for convenience only and do not affect interpretation.

25How to contact us

Questions about these Terms can be sent to:

Scribeberry Ltd. (Fit)
Email: hello@scribeberry.com