Terms of Service
Effective Date: 1-May-2025
Last Updated: 19-Aug-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, digital resources, product shop, and related services (collectively, the “Services”). By 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 use the Services.
Authority – If you use the Services on behalf of an organization, you confirm that you have authority to bind that organization to these Terms.
Your account
Registration – Certain features may require you to create an account. You must provide accurate information and keep it up to date.
Security – You are responsible for safeguarding your login credentials. Notify us immediately of unauthorized use.
Purchases and refunds
Some Services include the ability to purchase products (e.g., the My FND Toolkit in digital, physical, or bundled formats).
Digital Products – Non-refundable once delivered.
Physical Products – Eligible for return or exchange under our Refund & Returns Policy.
Bundles – Only the physical portion is eligible for return.
All purchases are subject to our Refunds & Returns Policy.
Permitted use
You agree to use the Services lawfully and responsibly. You must not:
Violate any applicable law or regulation.
Infringe or misappropriate intellectual property rights.
Post or transmit harmful, misleading, or unlawful content.
Attempt to compromise the integrity or security of the Services.
Intellectual property
All content, features, and functionality—including text, graphics, videos, and software—are owned by Fit + Function or our licensors, and are protected by U.S. and international laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.
User content
Your Responsibility – If you post or upload content (“User Content”), you retain ownership but grant Fit + Function a worldwide, royalty-free license to use and display it solely to operate and improve the Services.
Community Standards – User Content must be accurate, respectful, and free of third-party rights violations. We reserve the right to remove content that violates these Terms.
Educational and wellness disclaimer
Fit + Function provides educational resources designed to complement—not replace—professional care.
Health & Wellness – Always consult qualified healthcare providers before making decisions about your physical or mental health.
Financial – Budgeting tips or cost-saving suggestions are general information only. Consult a licensed financial professional for personal advice.
Legal – Any references to patient rights, disability accommodations, or regulations are general in nature. Consult an attorney for legal advice.
Reliance on any information provided through the Services is at your own risk.
Third-party services and links
The Services may contain links or integrations with third-party websites or tools. We are not responsible for the policies, content, or practices of those third parties.
Privacy
Your use of the Services is also governed by our Privacy Policy. By using the Services, you consent to the practices described there.
Modifications to the Services
We may update, suspend, or discontinue any aspect of the Services at any time. We will not be liable for any modification, suspension, or discontinuation.
Termination
We may suspend or terminate your access to the Services if you violate these Terms. Upon termination, your right to use the Services ceases immediately.
Disclaimers & limitation of liability
No Warranty – The Services are provided “as is” and “as available,” without warranties of any kind.
Limitation of Liability – To the fullest extent permitted by law, Fit + Function is not liable for indirect, incidental, or consequential damages arising out of use of the Services.
Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.
SMS Communications
If you opt in to receive text messages, you agree to receive updates, reminders, and relevant content.
Message and data rates may apply.
Message frequency may vary.
Reply “STOP” to unsubscribe or “HELP” for assistance.
We will never sell or share your phone number with third parties for their marketing purposes.
Indemnification
You agree to defend and hold harmless Fit + Function and its officers, employees, and agents from claims or losses arising out of your misuse of the Services or violation of these Terms.
Governing law and dispute resolution
These Terms are governed by the laws of the Commonwealth of Kentucky, USA, without regard to conflict-of-law principles.
Disputes will be resolved by binding arbitration through the American Arbitration Association in Boone County, Kentucky, except for claims involving intellectual property or data security, which may be brought in court.
Changes to these Terms
We may update these Terms from time to time. Updates will be posted with a revised “Last Updated” date. Material changes will be communicated via email or notices within the Services. Continued use constitutes acceptance of the updated Terms.
Contact us
If you have questions about these Terms, please contact us by email at [email protected].