Last Updated: June 8, 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 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.
Support: support@fitmoji.ai
Legal: legal@fitmoji.ai
Data Requests: fitmoji.ai/contact/delete