If you live in the European Economic Area, the United Kingdom or Switzerland, these Terms are an agreement between you and Fitbit International Limited, an Irish company with its registered office at 76 Lower Baggot Street, Dublin 2, Ireland. If you reside elsewhere, these Terms are an agreement between you and Fitbit LLC, 199 Fremont Street, 14th Floor, San Francisco, CA 94105 U.S.A. When the Terms mention “Fitbit,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Fitbit Service.
You must accept these Terms to create a Fitbit account and to access or use the Fitbit Service. If you do not have an account, you accept these Terms by using any part of the Fitbit Service. If you do not accept these terms, do not create an account or use the Fitbit Service.
Your use of Fitbit Pay, our live coaching services, or any of our paid services are subject to additional terms and conditions, which are incorporated into these Terms:Fitbit Pay Terms of Service
Fitbit Live Coaching Terms of Service
Fitbit Terms for Paid Services
, including our Cookie Use
2. USE OF THE FITBIT SERVICE
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Fitbit Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Fitbit Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Fitbit Service.
You may only connect to the Fitbit Service using (i) a device that is manufactured, distributed, or sold by Fitbit itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the Fitbit Service with any device that is not manufactured, distributed, or sold by Fitbit itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Fitbit device); otherwise intends to resemble or purports to be a Fitbit device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Fitbit Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact firstname.lastname@example.org
3. USE OF AN ACCOUNT
Full use of the Fitbit Service requires that you use an account. A Google account will be required, although a Fitbit account may be permitted for a limited time. Click here for more information. On the date that a Google account is required, or the date that you choose to use the Fitbit Service with a Google account, whichever is earlier, these Terms will terminate automatically, immediately, and without further notice, in accordance with Section 19 below.
4. NECESSARY EQUIPMENT
Full use of the Fitbit Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Fitbit Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
5. POSTING YOUR CONTENT ON THE FITBIT SERVICE
Fitbit may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via the Fitbit Service. You retain all rights to Your Content that you post to the Fitbit Service. By making Your Content available on or through the Fitbit Service you hereby grant to Fitbit a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Fitbit Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the Fitbit Service, and your use of the Fitbit Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Fitbit Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Fitbit Service, or which may expose us or our users to any harm or liability of any type.
Fitbit may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Fitbit Service.6. FITBIT’S RIGHTS
“Fitbit Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Fitbit Service. Fitbit Content, the Fitbit Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Fitbit Service. Our logos and any other Fitbit trademarks that may appear on the Fitbit Service, and the overall look and feel of the Fitbit Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Fitbit Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.7. WHAT YOU CAN DO ON THE FITBIT SERVICE
The Fitbit Service is intended for your personal, noncommercial use.
Fitbit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Fitbit Service, (2) access and view the Fitbit Content, (3) access and use the software and mobile applications provided by the Fitbit Service, and (4) use the software that is embedded into Fitbit devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any Fitbit Service. This license is provided solely for your personal, noncommercial use and enjoyment of the Fitbit Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Fitbit Content, Fitbit Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fitbit or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Fitbit Service: (1) use, display, mirror, or frame the Fitbit Service or any individual element within the Fitbit Service, including the layout and design of any page, without Fitbit’s express written consent; (2) use Fitbit’s name, any Fitbit trademark or logo, or any Fitbit proprietary information without Fitbit’s express written consent; (3) access or tamper with non-public areas of the Fitbit Service, Fitbit’s computer systems, or the technical delivery systems of Fitbit’s providers; (4) test the vulnerability of any Fitbit system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Fitbit or any of Fitbit’s providers or any other third party (including another user) to protect the Fitbit Service; (6) access the Fitbit Service or Fitbit Content through the use of any mechanism other than through the use of an Authorized Connection, Fitbit Service, or Fitbit API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Fitbit provides to you or any other part of the Fitbit Service.8. HYPERLINKS
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Fitbit Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Fitbit’s sole discretion.9. OUR ENFORCEMENT RIGHTS
We reserve the right (but are not required) to remove or disable access to the Fitbit Service, any Fitbit Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Fitbit Content, Your Content, or your use of the Fitbit Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Fitbit Service, and in response may take any action we may deem appropriate.10. USE THE FITBIT SERVICE AT YOUR OWN RISK
If you rely on any Fitbit Content or the Fitbit Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the Fitbit Service, but we make no endorsement, representation, or warranty of any kind about any Fitbit Content, information, or services. The accuracy of the data collected and presented through the Fitbit Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Fitbit Service. Fitbit Content and the Fitbit Service may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
Use of the Fitbit Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the Fitbit Service, including those located on our Wear and Care
page.11. CONSULT YOUR DOCTOR BEFORE USING THE FITBIT SERVICE
The Fitbit Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Fitbit Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Fitbit Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Fitbit Service. If you engage in any exercise program you receive or learn about through the Fitbit Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and care tips: (1) keep it clean, (2) keep it dry, (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear. For more information visit www.fitbit.com/product-care
. If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your hands or wrists while or after wearing the product, remove your device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor.
Fitbit products using PurePulse technology have a heart rate tracking feature that may pose risks to users with certain health conditions. Consult your doctor prior to use of such products if you (1) have a medical or heart condition, (2) are taking any photosensitive medicine, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders.12. DMCA/COPYRIGHT POLICY
Fitbit respects the intellectual property of others and expects its users to do the same. It is Fitbit’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders. Please see Fitbit’s DMCA/Copyright Policy.
13. TERMS OF SALE, RETURNS AND WARRANTY, AND PAID SERVICES
Terms of Sale and Returns and Warranty
Fitbit’s Terms of Sale and Returns and Warranty Policy apply to purchases of physical goods from Fitbit. The Terms of Sale are incorporated into and made a part of these Terms. All orders placed are subject to Fitbit’s acceptance. We may accept, decline, or place limits on your order for any reason.Paid Services
Your purchase and use of any of our paid services are subject to the Fitbit Terms for Paid Services
, which are incorporated into these Terms.14. FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Fitbit, or obtained from sources other than you. Our Feedback and Submissions Policy
is also part of the Terms.15. CONTESTS AND GIVEAWAYS
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Fitbit or its partners. It is your responsibility to carefully review those terms and conditions.16. ALERTS AND NOTIFICATIONS
As part of your use of the Fitbit Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Fitbit Service by using your account settings
. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.17. THIRD-PARTY SERVICES
Fitbit may change or discontinue, temporarily or permanently, any feature, component, or content of the Fitbit Service at any time without notice. Fitbit is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Fitbit Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Fitbit products without prior notice to you.19. TERMINATION
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Fitbit Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support
. Upon any termination of these Terms or suspension, termination, or discontinuation of the Fitbit Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 13, 14, 16, 17, 19, 20, 21, 22, 23, 24, 25.20. DISCLAIMERS
THE FITBIT SERVICE AND FITBIT CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE FITBIT SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Fitbit Service or Fitbit Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Fitbit Service or any Fitbit Content.21. INDEMNITY
You will indemnify and hold harmless Fitbit or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Fitbit Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.22. LIMITATION OF LIABILITY
NEITHER FITBIT, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FITBIT SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FITBIT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FITBIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL FITBIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FITBIT SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO FITBIT FOR USE OF THE FITBIT SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FITBIT, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FITBIT AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.23. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Fitbit arising out of or relating to these Terms of Service, the Fitbit Service, or any other Fitbit products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Fitbit, you agree to try to resolve the Dispute informally by contacting us at our mailing address in the Contact Us section of the Terms below, and providing us with your email address. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Fitbit may bring a formal proceeding.
We Both Agree To Arbitrate: You and Fitbit agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting email@example.com
within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Fitbit will pay all arbitration fees for claims less than $75,000. Fitbit will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or Fitbit may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Fitbit products or Fitbit Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Fitbit on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Fitbit agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Fitbit consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Fitbit products or Fitbit Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.24. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Fitbit and you regarding the Fitbit Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fitbit and you regarding the Fitbit Service and Fitbit Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Fitbit Service. When you use the Fitbit Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Fitbit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Fitbit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Fitbit under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Fitbit Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Fitbit’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fitbit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.25. ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.CONTACT US
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at our mailing address below.
If you live in the European Economic Area, the United Kingdom or Switzerland:
Fitbit International Limited
Attn: Legal Department (Terms of Service)
76 Lower Baggot Street
Dublin 2, Ireland
If you reside elsewhere:
Attn: Legal Department (Terms of Service)
199 Fremont Street, 14th Floor
San Francisco, CA 94105
---------------------------------------------------------------------------------------------------------------FITBIT PAY TERMS OF SERVICE
These Fitbit Pay Terms of Service (“Fitbit Pay Terms”) apply to your use of the Fitbit Pay service, which is part of the Fitbit Service. The Terms apply to your use of Fitbit Pay, and these Fitbit Pay Terms are incorporated into and a made a part of the Terms. All capitalized terms used in these Fitbit Pay Terms but not defined herein have the meanings provided in the Terms.1. THE FITBIT PAY SERVICE
Fitbit Pay is a service offered by Fitbit that enables you to use a supported Fitbit device (a “Supported Device”) to complete transactions at compatible contactless terminals. If you have a Supported Device, you may store a virtual version of credit cards, debit cards, or other types of supported cards identified by Fitbit from time to time (each, a “Card”) on your Supported Device.
Fitbit Pay may be available only in select regions. In order to use Fitbit Pay, you must have a Card from a bank that supports Fitbit Pay. Participating banks may change over time and a bank may cease supporting Fitbit Pay without notice to you. The features of Fitbit Pay may vary depending on your region and bank. Click here
for additional information on Fitbit Pay.
In order to use Fitbit Pay, you must have a Fitbit account, the Fitbit mobile app, a Supported Device, and a supported Card from a participating bank. To load a Card onto your Supported Device, you must first enter your Card information into the Fitbit mobile app; you will also be prompted to set a PIN number if you have not already done so. Once your Card has been verified as eligible for use with Fitbit Pay, you must sync to your Supported Device to enable use of your Card on your Supported Device. As part of adding a card to Fitbit Pay, you will accept any terms, conditions, and policies provided by your Card’s bank (“Bank Terms”), and such Bank Terms will apply to your use of the Card through Fitbit Pay in the same manner as any other transaction you complete using your Card.2. LIMITATIONS
You agree to use Fitbit Pay in accordance with these Fitbit Pay Terms and the Terms, and in accordance with all applicable laws and regulations. You will not use Fitbit Pay for any fraudulent or unlawful purposes, and your use of Fitbit Pay will comply with Section 7 of the Terms, including but not limited to refraining from (i) circumventing any technological measure implemented by Fitbit or any of Fitbit’s providers or any other third party (including another user) to protect Fitbit Pay or (ii) accessing Fitbit Pay through the use of any mechanism other than as authorized under these Fitbit Pay Terms. If you make any modifications to your Fitbit device or to the Fitbit Pay service, Fitbit is not responsible for any liability or damages that may occur as a result of such modifications, including any unauthorized transactions that may result.3. PRIVACY AND SECURITY
The Limitation of Liability set forth in the Terms (Section 22) applies to your use of Fitbit Pay. In addition, neither Fitbit, its suppliers, or licensors, nor any other party involved in creating or delivering Fitbit Pay, will be liable for any damages or liabilities of any kind arising out of or in connection with any transaction, payment, or other use of Fitbit Pay, nor will Fitbit be responsible for any dispute relating to or arising out of your use of a Card. The Bank Terms applied by your Card’s bank will apply to all such transactions, payments, uses, and disputes, and in no event is Fitbit party to, or in any manner liable under, the Bank Terms.FITBIT LIVE COACHING TERMS OF SERVICE
We offer interactive health coaching services that connect you with professional coaches (“Coaches”) and information to help you achieve your goals to lead a healthier, more active life (collectively the “Live Coaching Services”). Your use of the Live Coaching Services is governed by the Fitbit Terms of Service
, which incorporate these Live Coaching Terms of Service (“Coaching Terms”). In addition, if you pay for the Live Coaching Services, our Fitbit Terms for Paid Services
apply to your purchase of the Live Coaching Services.1. LIVE COACHING SERVICES
The Live Coaching Services provide motivational tools that help you meet your health, fitness, and wellness goals. You set your goals in consultation with your Coach to help create and maintain healthy habits, increase activity and fitness, or manage or prevent a condition. The Live Coaching Services are not a medical or health care service. Although some Coaches may be licensed healthcare practitioners, they do not provide health care services through the Live Coaching Services. The Live Coaching Services are not intended to be a substitute for professional medical consultation, advice, or treatment from qualified physicians. Fitbit does not endorse any specific tests, physician or medical professional, products, procedures, opinions, or any other information that may be mentioned on the Live Coaching Services. You must consult your doctor before using the Live Coaching Services. If you think that you have a medical emergency, call your doctor or 911 immediately.
The Live Coaching Services connect you with a Coach who will work with you to set goals and provide support and guidance in achieving them. You can choose to connect the Live Coaching Services to your doctor or others you designate in order to communicate your progress to them. Coaches may interact with you in a variety of ways, including via in-app chat, e-mail, or telephone calls, throughout your efforts to achieve your goals.
Coaches may be made available by your employer or insurance company sponsoring the Live Coaching Services (a “Sponsor”) or by Fitbit’s third-party coaching service providers (a “Provider”). For Sponsor Coaches, please contact the Sponsor for more details on the Coaches they provide. Provider Coaches are subject to background checks and trained by the Providers. They are contractually bound to keep your information confidential and agree not to misuse information about you. Occasionally, a Provider Coach’s availability may change, and we reserve the right to remove them with or without notice to you. In the event that your Provider Coach is no longer available, we will connect you with another one.
If a Coach engages in inappropriate behavior, please report it to us. When interacting with a Coach, you agree to be professional and avoid engaging in inappropriate behavior. 3. DISCLAIMERS ABOUT THE LIVE COACHING SERVICES
The Live Coaching Services, are provided “as-is”, without warranty of any kind. Without limiting the foregoing or any other terms or agreements you have with us, we explicitly disclaim all express or implied warranties arising out of or related to these Coaching Terms or the Live Coaching Services, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of the course of dealing or usage of trade.
We make no warranty that the Live Coaching Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
This means that while the Live Coaching Services are intended to help you pursue your personal health, fitness, and wellness goals, we do not guarantee that you will achieve your goals. We make no endorsement, representation, or warranty of any kind about any information on the Live Coaching Services, whether provided to you by a Coach or any content available through the Live Coaching Services. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive via the Live Coaching Services and we are not responsible for any health problems that may result from your reliance on the Live Coaching Services. If you engage in any health, fitness, or wellness program or activities that you learn about through the Live Coaching Services, you agree that you do so voluntarily and at your own risk. If you experience a medical emergency while using the Live Coaching Services, consult with a medical professional immediately.4. TERMINATION
Subject to any applicable refund policies, we reserve the right to suspend or terminate your access to certain aspects or all of the Live Coaching Services or to any Coach, or to terminate these Coaching Terms, at any time and in our sole discretion, without notice or liability to you. You may stop using the Live Coaching Services at any time.FITBIT TERMS FOR PAID SERVICES
These Fitbit Terms for Paid Services (the “Paid Service Terms”) apply to your purchase and use of any paid Fitbit services, including automatically renewing subscription services such as digital fitness or health programs (“Programs”), personalized live coaching services (“Live Coaching Services”), and one-time purchases (collectively the “Paid Services”). These Paid Service Terms only apply to services we offer for purchase, and do not apply to the sale of our physical goods (“Products”). For payment terms related to the sale of Products, please see our Terms of Sale.
By purchasing or using a Paid Service, you agree to be bound by the Fitbit Terms of Service
, which incorporate these Paid Service Terms and include a mandatory arbitration provision, and any separate terms and conditions presented to you in conjunction with your use of the Paid Services. If you do not accept these terms, do not purchase, access, or use our Paid Services.1. PAID SERVICES
Paid Services include content and personalized, interactive services. They may be one-time purchases or automatically renewing subscription services, like our Programs and Live Coaching Services (“Subscriptions”). Please see the product page for your specific Paid Services for more information. We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and we have the sole discretion to determine which portions of the Fitbit Service require payment.2. SUBSCRIPTIONS
Automatically Renewing Subscriptions.
Your Subscription term may vary, for example, with monthly or annual automatic renewal terms (a “Subscription Term”), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with our Terms of Service.
Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service.Subscription Cancellation. You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term.
In the event you cancel your Subscription, note that we may still send you promotional communications about Fitbit, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.No Refunds on Subscriptions.
When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.Free Trials.
From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of the your free trial period, we will notify you of the applicable fees.
We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.3. ONE-TIME PURCHASES
Certain Paid Services are one-time purchases, and not subscription-based. One-time purchases may not be canceled and you are not entitled to a refund for such services.4. PAYMENT AND BILLING
You authorize Fitbit to charge your chosen payment method for the Paid Services. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service.
Please note that if you accept a promotional offer or make changes to your Paid Services, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.5. REPRESENTATIONS, WARRANTIES, AND COVENANTS
Any Paid Services are personal to you and may not be used by any other person. You will not allow anyone else to use your Paid Services, and you will not transfer any Subscription or disclose your password to any other person. You will report to Fitbit any unauthorized or prohibited use of your Paid Services.