Terms of Service
Effective Date: May 1 2025
Last Updated: May 29 2025
Welcome to Fit + Function LLC (“Fit + Function,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, mobile applications, subscription platform, and any related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.
Who May Use the Services
- Eligibility – You must be at least 13 years old (or the age of digital consent in your jurisdiction) to create an account or use the Services.
- Authority – If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Your Account
- Registration – To access certain features, you must create an account, provide accurate information, and keep it up-to-date.
- Security – You are responsible for safeguarding your login credentials. Notify us immediately of any unauthorized use.
- Subscription & Billing – Some features require a paid subscription. Prices, billing cycles, and cancellation terms are disclosed at checkout. All fees are non-refundable except where required by law.
Permitted Use
You agree to use the Services only for lawful purposes and in a manner consistent with these Terms. You must not:
- Violate any applicable law or regulation;
- Infringe, misappropriate, or violate our intellectual property or that of others;
- Post or transmit content that is unlawful, harmful, or misleading;
- Attempt to interfere with or compromise the integrity or security of the Services.
Intellectual Property
All content, features, and functionality on the Services—including text, graphics, videos, and software—are owned by Fit + Function or its licensors and are protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. Any unauthorized use may terminate this license.
User Content
- Your Responsibility – If you post, upload, or transmit content (“User Content”), you retain ownership but grant us a worldwide, royalty-free license to use, reproduce, display, and distribute your User Content solely to operate and improve the Services.
- Community Guidelines – You must ensure your User Content is accurate, respectful, and free of third-party rights violations. We may remove or disable access to any content that violates these Terms.
Health, Financial & Legal Disclaimer
Fit + Function provides educational resources and coaching tools designed to complement—not replace—professional guidance. We do not provide medical, mental-health, financial, or legal advice, diagnoses, or therapy.
- Health & Wellness: Always consult qualified healthcare professionals before making decisions about your physical or mental health.
- Financial: Any budgeting tips, cost-saving suggestions, or references to insurance coverage are for informational purposes only. Consult a certified financial planner, accountant, or other licensed professional for personalized financial advice.
- Legal: Any references to patient rights, disability accommodations, or regulatory frameworks are general in nature. Consult a qualified attorney for advice specific to your circumstances.
Reliance on any information provided through the Services is solely at your own risk.
Third-Party Services and Links
The Services may contain links to third-party websites or integrate with third-party tools. We are not responsible for the content, policies, or practices of those third parties. Your interactions with third-party services are governed by their own terms.
Privacy
Your privacy is important to us. Our collection and use of personal information are described in our Privacy Policy (effective Jan 25 2025). By using the Services, you consent to the practices described there.
Modifications to the Services
We may update, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance.
Termination
We may terminate or suspend your access to the Services at our discretion, with or without notice, if you breach these Terms or if we discontinue the Services. Upon termination, your right to use the Services will immediately cease.
Disclaimers & Limitation of Liability
- No Warranty – The Services are provided “as is” and “as available,” without warranties of any kind, express or implied.
- Limitation of Liability – To the fullest extent permitted by law, Fit + Function will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Services.
Some jurisdictions do not allow certain warranty exclusions or liability limitations; in such cases, our liability will be limited to the maximum extent permitted by law.
SMS Communications
By providing your mobile phone number and opting in, you consent to receive text messages from Fit + Function, which may include updates, reminders, promotional content, and other relevant information related to our services.
Message and data rates may apply. Message frequency may vary. You can opt out at any time by replying “STOP” to any message. For help, reply “HELP” or contact us at [email protected].
We will never sell or share your phone number with third parties for their own marketing purposes. Your information is handled in accordance with our Privacy Policy.
Indemnification
You agree to defend, indemnify, and hold harmless Fit + Function and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your violation of these Terms or your misuse of the Services.
Governing Law and Dispute Resolution
These Terms—and any dispute or claim arising from or related to the Services—are governed by the laws of the Commonwealth of Kentucky, USA, without regard to its conflict-of-law principles.
Any controversy or claim shall be settled by binding arbitration administered by the American Arbitration Association (AAA). The arbitration will be conducted in Burlington, Boone County, Kentucky, in accordance with the AAA’s Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
Either party may, however, seek injunctive or other equitable relief in a court of competent jurisdiction located in Boone County, Kentucky, for disputes involving intellectual-property rights, confidentiality obligations, or data-security concerns.
Changes to these Terms
We may revise these Terms from time to time. When we do, we will update the “Last Updated” date and, if changes are material, provide notice via email or the Services. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
Contact Us
If you have questions about these Terms, please contact us by email at [email protected].
Thank you for being part of the Fit + Function community. We’re honored to support your journey toward wellness—one step at a time.