Last Updated: July 25, 2025
Welcome to Fitmoji, an AI-powered health coach application operated by Fitmoji Inc. ("Fitmoji," "we," "us," or "our"). By downloading, installing, accessing, or using the Fitmoji mobile application and related services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree with these Terms, you must not use the Services.
Age Requirements: You must be at least 13 years old to use the Services. If you are between 13 and 17 years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
Parental Consent: If you are under 18, your parent or guardian must consent to your use of the Services and is responsible for your compliance with these Terms.
Location: The Services are currently available only to users in the United States.
Account Security: You agree to provide accurate, current, and complete information during registration and to maintain the confidentiality of your account credentials. You are responsible for all activities under your account.
Permitted Use: You may use the Services only for personal, non-commercial fitness and health purposes in accordance with these Terms.
Prohibited Activities: You agree not to:
No Medical Advice: All content provided through the Services, including AI-generated recommendations, is for informational and educational purposes only. It is not intended to replace professional medical advice, diagnosis, or treatment.
Consult Healthcare Providers: Always consult with qualified healthcare professionals before starting any exercise program, making dietary changes, or making health-related decisions based on information from the Services.
Emergency Situations: The Services are not designed for emergency situations. In case of a medical emergency, immediately contact emergency services (911 in the US).
Assumption of Risk: You acknowledge that physical exercise and fitness activities carry inherent risks of injury. You assume all risks associated with using the Services and participating in recommended activities.
Individual Results May Vary: Health and fitness outcomes are individual and may vary based on numerous factors including age, health status, and adherence to recommendations.
AI Limitations: Content generated by Fitmoji's artificial intelligence may not always be accurate, complete, or suitable for your individual circumstances. AI-generated recommendations should be considered general guidance only.
User Discretion: You are solely responsible for evaluating and acting upon AI-generated content. We strongly recommend consulting healthcare professionals before following any AI recommendations.
No Warranties: We make no warranties about the accuracy, reliability, or completeness of AI-generated content.
Data We Collect: We collect personal information including your name, email address, phone number, health and fitness data (with your permission), and usage information.
Health Data: Health and fitness data is collected only with your explicit consent and may include information from Apple HealthKit, device sensors, and user input.
Data Use: Your data is used to provide personalized recommendations, improve the Services, and communicate with you. We do not sell your personal data to third parties.
Data Rights: You have the right to access, correct, or delete your personal data. You can request data deletion or export by contacting us at fitmoji.ai/contact/delete or support@fitmoji.ai.
Full Privacy Policy: For complete details about our data practices, see our Privacy Policy.
Payment Terms: Some features may require paid subscriptions or in-app purchases processed through the Apple App Store.
Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage or cancel subscriptions in your App Store account settings.
Refunds: Refund requests are subject to Apple's App Store refund policy. Contact Apple Support for refund requests.
Price Changes: Subscription prices may change with advance notice. Continued use after price changes constitutes acceptance of new pricing.
Our Content: The Services, including all software, text, images, graphics, and other content, are owned by Fitmoji or our licensors and protected by intellectual property laws.
Limited License: We grant you a limited, non-exclusive, non-transferable license to use the Services for personal purposes only.
User Content: You retain ownership of content you create or upload. By using the Services, you grant us a worldwide, royalty-free license to use, modify, and display your content for providing and improving the Services.
Trademark: "Fitmoji" and related marks are trademarks of Fitmoji Inc.
Content Ownership and License: Any content you upload, post, share, or otherwise submit through the Services, including but not limited to photos, videos, stories, comments, health data visualizations, progress updates, and any other materials (collectively, "User Content"), becomes the exclusive property of Fitmoji Inc. upon submission.
Marketing and Promotional Rights: By submitting User Content, you irrevocably grant Fitmoji Inc. the unrestricted, worldwide, perpetual, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such User Content in any form, media, or technology now known or hereafter developed for any purpose, including but not limited to marketing, advertising, promotional activities, and commercial use.
Waiver of Rights: You waive any moral rights, rights of attribution, or similar rights you may have in the User Content to the fullest extent permitted by law.
Representations and Warranties: You represent and warrant that you own or have the necessary rights to submit the User Content and that such submission does not violate any third-party rights or applicable laws.
No Compensation: You acknowledge that you will not receive any compensation for Fitmoji's use of your User Content for marketing or any other purposes.
Content Review: We reserve the right to review, monitor, and remove user content that violates these Terms or our community guidelines.
Violation Consequences: Violations may result in content removal, account suspension, or permanent termination without notice.
Reporting: Users can report inappropriate content or behavior through the app or by contacting support@fitmoji.ai.
System Requirements: The Services require compatible iOS devices and internet connectivity. We may update system requirements periodically.
Service Availability: We strive to maintain service availability but do not guarantee uninterrupted access. Services may be temporarily unavailable for maintenance, updates, or due to factors beyond our control.
Updates: We may release updates to improve functionality, security, or compliance. Some updates may be required to continue using the Services.
Termination by You: You may terminate your account at any time by contacting us or deleting the app.
Termination by Us: We may suspend or terminate your account immediately, with or without notice, for violations of these Terms or for any other reason.
Effect of Termination: Upon termination, your right to use the Services ceases, and we may delete your account data in accordance with our Privacy Policy.
Service "As Is": The Services are provided "as is" and "as available" without warranties of any kind, express or implied.
No Warranties: We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement.
Liability Limitation: To the maximum extent permitted by law, Fitmoji's total liability for any claims arising from your use of the Services is limited to the greater of $100 or the amount you paid for the Services in the six months preceding the claim.
Exclusion of Damages: We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption.
Health-Related Liability: We are not responsible for any injuries, health complications, or adverse effects resulting from your use of the Services or following AI-generated recommendations.
You agree to indemnify, defend, and hold harmless Fitmoji, its officers, directors, employees, and agents from any claims, losses, damages, or expenses (including attorney fees) arising from:
Informal Resolution: Before filing any legal claim, you agree to first contact us at support@fitmoji.ai to attempt to resolve the dispute informally.
Arbitration: Any disputes that cannot be resolved informally will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class actions or representative proceedings.
Apple Disputes: For App Store-related disputes, you may also contact Apple Support through their designated channels.
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any legal proceedings must be brought in the state or federal courts located in California.
The Services are intended for users in the United States. If you access the Services from outside the US, you do so at your own risk and are responsible for compliance with local laws.
We are not liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or other force majeure events.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Updates: We may update these Terms periodically to reflect changes in our Services, legal requirements, or business practices.
Notice: We will provide notice of material changes through the app, email, or other reasonable means at least 30 days before the changes take effect.
Acceptance: Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
Age Requirement: You must be at least 18 years old to participate in the Fitmoji Tournament.
Opt-In Participation: Tournament participation is entirely voluntary and requires explicit opt-in through the Fitmoji app.
Discretionary Participation: Fitmoji reserves the absolute right to accept or reject any participant at our sole discretion. We may remove participants from the tournament at any time for any reason, including but not limited to suspected cheating, violations of these Terms, or any behavior we deem inappropriate.
Device Requirements: Participants must own and use an Apple Watch Series 4 or later with WatchOS 10+ and have Coach Mode enabled throughout the tournament duration.
Liability Waiver: All participants must sign and submit a liability waiver before tournament participation begins.
Scoring System: Points are awarded based solely on data from your Apple Watch: 1 point per step taken and 10 points per calorie burned as recorded by Apple Health.
Data Source Restrictions: Only steps and calories recorded by an Apple Watch will count toward scoring. Data from other devices, manual entries, or third-party apps will not be counted.
Weekly Eliminations: Each week, participants in the bottom 10-30% of the leaderboard will be eliminated from the tournament, as determined by Fitmoji in its sole discretion.
Coach Mode Requirement: Coach Mode must remain enabled throughout the tournament. Disabling Coach Mode may result in disqualification.
Prohibited Conduct: The following activities constitute cheating and will result in immediate disqualification:
Investigation and Auditing: Fitmoji reserves the right to investigate suspicious activity and audit participant accounts, including requesting additional documentation or verification. Failure to cooperate with investigations may result in disqualification.
Disqualification Consequences: Disqualified participants forfeit all rights to prizes and recognition and may be banned from future tournaments.
Cash Payment Terms: Cash prizes will be paid in three installments over 3 months and are subject to verification of winner's eligibility and completion of required documentation.
Tax Responsibilities: Winners are solely responsible for all applicable federal, state, and local taxes on prizes. Cash prize winners must provide appropriate tax documentation (W-9 or equivalent) before receiving payment.
Prize Forfeiture: Prizes may be forfeited if the winner is found to have cheated, violated tournament rules, or fails to comply with prize claim requirements within specified timeframes.
Tournament Changes: Fitmoji reserves the right to modify tournament rules, scoring, elimination percentages, schedules, or prizes at any time with reasonable notice to participants.
Tournament Cancellation: Fitmoji may cancel or postpone the tournament at any time due to insufficient participation, technical issues, legal concerns, or any other reason at our sole discretion.
Force Majeure: Fitmoji is not responsible for tournament disruptions due to circumstances beyond our control, including natural disasters, pandemics, government actions, or technical failures.
Assumption of Risk: By participating in the tournament, you acknowledge and assume all risks associated with increased physical activity, including but not limited to injury, exhaustion, dehydration, heart problems, or other health complications.
Medical Clearance: You represent that you are in good health and have consulted with healthcare professionals as appropriate before participating in increased physical activity.
No Liability: Fitmoji, its officers, directors, employees, and affiliates are not liable for any injuries, health problems, or adverse effects resulting from tournament participation, regardless of cause.
Insurance: Participants are responsible for maintaining their own health and accident insurance coverage.
Public Display: Tournament leaderboards and participant information may be displayed publicly on our website, app, and marketing materials.
Story Content: Participants may submit "stories" for display on public leaderboards. All story content becomes the property of Fitmoji and subject to our content moderation policies.
Privacy Limitations: By participating, you acknowledge that your tournament performance and associated content may be publicly visible.
No Purchase Necessary: No purchase is necessary to participate in the tournament. The tournament is free to enter for eligible participants.
Compliance with Laws: Participants must comply with all applicable laws and regulations during tournament participation.
Tournament Disputes: Any disputes related to the tournament will be resolved according to the dispute resolution procedures outlined in these Terms of Use.
Void Where Prohibited: The tournament is void where prohibited by law.
Support: support@fitmoji.ai
Legal: legal@fitmoji.ai
Data Requests: fitmoji.ai/contact/delete
Mailing Address:
Fitmoji, Inc.
2300 Wilson Blvd.
Suite 700
Arlington, VA 22201