Fitlyze (Beta) Version: 2.0 Effective date (last updated): June 26, 2026 Last reviewed: June 26, 2026
These Terms of Service ("Terms") are a binding agreement between you and DerMo Technologies Inc. (d/b/a Fitlyze) ("Fitlyze", "we", "us", "our") governing your use of our website and Progressive Web App and related services (the "Service").
Please read these Terms carefully. By ticking the box to accept them at sign-up, or by using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Your use of the Service is also governed by the following documents, which are part of this agreement and incorporated by reference: our Privacy Policy, our Health Data Policy, our Health & AI Disclaimer, and our Beta Testing Agreement. Our Cookie Policy and Marketing Policy are notices that describe how we use cookies and handle marketing communications; they are provided for information, are not contracts, and are not part of this agreement. If there is a conflict between these Terms and the Health & AI Disclaimer on matters of health and AI use, the Health & AI Disclaimer governs those matters.
1. Who we are
DerMo Technologies Inc. (d/b/a Fitlyze) 2300 Yonge Street, Suite 1600, Toronto, ON M4P 1E4, Canada privacy@fitlyze.app
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not intended for anyone under 18, and you must not use it if you are under 18. By using the Service, you represent that you meet these requirements and that the information you provide is accurate and kept up to date.
3. The Service
Fitlyze is a general fitness and wellness application. It lets you log activities, food, and body measurements, and use an AI assistant — by text, photo, or voice — to receive general workout and nutrition suggestions. The Service is not a medical device and does not provide medical advice, diagnosis, or treatment (see Section 10 and the Health & AI Disclaimer).
Beta. The Service is currently a free beta. It is provided on an "as is" and "as available" basis, may contain bugs or errors, may change or be interrupted, and may be modified or discontinued at any time. Beta-specific terms are set out in the Beta Testing Agreement.
Price. The Service is currently provided free of charge, and we do not collect payment information. If we introduce paid features in the future, we will give you advance notice and obtain any required consent before any charge applies.
4. Your account and security
To use most features you must create an account. You agree to provide accurate information, keep it current, and keep your login credentials confidential. You are responsible for activity that occurs under your account. You may not share your account, create more than one account, or impersonate anyone. Notify us at privacy@fitlyze.app if you believe your account has been compromised.
5. Sign-in providers
You may register or sign in using Sign in with Google or Sign in with Apple. When you do, that provider shares limited profile information with us (as described in our Privacy Policy), and your use of their sign-in is subject to their own terms and privacy policies. We are not responsible for those providers.
6. Acceptable use
You agree not to:
- use the Service for any unlawful, harmful, or fraudulent purpose, or in violation of these Terms;
- use the Service, or its AI outputs, for medical, diagnostic, emergency, or other high-stakes decisions (see the Health & AI Disclaimer);
- upload or submit content you do not have the right to share, or that contains another person's personal, medical, or confidential information without their consent;
- upload unlawful, infringing, harmful, hateful, harassing, or sexually explicit content, or content that violates others' rights;
- attempt to misuse, manipulate, or "jailbreak" the AI assistant, or use it to generate unlawful or harmful content;
- copy, scrape, data-mine, reverse engineer, decompile, or attempt to extract the source code or models behind the Service, except where this restriction is prohibited by law;
- probe, scan, or test the vulnerability of, or breach or circumvent, any security or authentication measure;
- interfere with or disrupt the Service, introduce malware, or place an unreasonable load on our infrastructure;
- use automated means (bots, crawlers) to access the Service without our permission; or
- resell, sublicense, or commercially exploit the Service without our written consent.
We may investigate and take appropriate action (including suspension or termination) for any suspected violation.
7. AI features
The Service includes an AI assistant powered by a third-party AI provider. AI outputs are suggestions generated by software, not professional advice, and may be inaccurate, incomplete, or inappropriate for you. You are responsible for how you use them. The detailed nature, limits, and safe use of the AI features are described in the Health & AI Disclaimer, which you must accept. We do not warrant that AI outputs are accurate, reliable, complete, or suitable for any particular purpose.
8. Your content and the rights you give us
"Your Content" means the information and materials you submit to the Service — for example your logs, measurements, profile details, chat messages, photos, and voice input.
- You keep your rights. As between you and us, you retain ownership of Your Content.
- You grant us a license. You grant Fitlyze a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display Your Content solely to operate, provide, secure, and improve the Service for you — including processing it through our AI provider to generate your suggestions — as described in our Privacy Policy and Health Data Policy. We do not use Your Content to train AI models, and we do not sell it.
- You are responsible for Your Content. You represent that you have the rights to submit Your Content and that it does not violate these Terms or any law or third-party rights.
- Accuracy. You are responsible for the accuracy of the information you provide; the Service's suggestions depend on it.
9. Intellectual property
The Service, including its software, design, text, graphics, and trademarks (but excluding Your Content and third-party materials), is owned by Fitlyze or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial use, subject to these Terms. All rights not expressly granted are reserved.
10. Health and AI disclaimer
Fitlyze is a general wellness tool and is not a medical device or a source of medical advice. You must read and accept the Health & AI Disclaimer, which forms part of this agreement and explains the limits of the Service and the AI assistant, the situations in which you should consult a professional, and that the Service must not be used for emergencies.
11. Privacy and data
Our handling of your personal information is described in our Privacy Policy and, for health and fitness data, our Health Data Policy. By using the Service you acknowledge those documents. Your rights — including access, correction, export, deletion, and withdrawing consent — and how to exercise them are described there.
12. Third-party services
The Service relies on third-party providers (including our AI provider, hosting, email, analytics, and sign-in providers). We are not responsible for third-party services, their availability, or their acts or omissions, and your use of them may be subject to their own terms.
13. Beta program and feedback
The Service is offered as a beta. You understand that beta software may be unstable, may change, and may result in data loss, and that additional beta terms apply under the Beta Testing Agreement. If you give us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
14. Disclaimers
To the fullest extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any content or AI output will be accurate or reliable. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you (see Section 22).
15. Limitation of liability
To the fullest extent permitted by law:
- Fitlyze and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to the Service or these Terms; and
- our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid us for the Service in the 12 months before the claim (which, during the free beta, is zero) or (b) CAD $100.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law — including, where applicable, liability for death or personal injury caused by negligence, for fraud, or for any mandatory rights you have as a consumer (see Section 22).
16. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Fitlyze from third-party claims, losses, and reasonable costs arising out of your breach of these Terms, your misuse of the Service, or Your Content. This Section does not apply to the extent a claim results from our own wrongdoing, and it does not limit your mandatory consumer rights.
17. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends; any provisions that by their nature should survive (including Sections 8–10, 13–16, 19–20, and 22–23) will survive. Deletion of your data following termination is handled as described in our Privacy Policy and Health Data Policy.
18. Changes to the Service and these Terms
We may modify the Service at any time. We may also update these Terms; if we make material changes, we will give you reasonable advance notice (for example by in-app notice or email) and, where appropriate or required, ask you to accept the updated Terms. Changes take effect on the stated effective date, and your continued use of the Service after that date means you accept the updated Terms. If you do not agree to a change, you should stop using the Service and may delete your account.
19. Governing law and dispute resolution
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. Subject to Sections 20 and 22, you agree to the exclusive jurisdiction of the courts located in Toronto, Ontario for any dispute relating to these Terms or the Service.
20. United States users — binding arbitration and class-action waiver
20.1 Application. This Section applies only if you are a resident of the United States. It does not apply to users in the EU/EEA, Switzerland, or Canada, or anywhere this Section is prohibited or unenforceable, and it does not limit any rights you cannot waive (see Section 22). This Section is governed by the U.S. Federal Arbitration Act (FAA).
20.2 Informal resolution first. Before starting an arbitration, you and Fitlyze agree to try to resolve the dispute informally for at least 60 days after written notice describing the dispute and the relief sought is sent (by you, to privacy@fitlyze.app; by us, to your account email).
20.3 Agreement to arbitrate. If the dispute is not resolved, you and Fitlyze agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except as stated in Section 20.6. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, and judgment on the award may be entered in any court of competent jurisdiction.
20.4 Class-action waiver. You and Fitlyze agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.
20.5 Jury and court waiver. Except as stated in Section 20.6, you and Fitlyze waive the right to a trial by jury and the right to have disputes resolved in court.
20.6 Exceptions. Either party may still (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to address intellectual-property infringement or unauthorized use of the Service. These matters are not subject to the agreement to arbitrate.
20.7 Your right to opt out. You may opt out of this Section by emailing privacy@fitlyze.app with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms (or of this Section first applying to you). If you opt out, neither you nor Fitlyze is bound by Sections 20.3–20.5, and disputes proceed under Section 19. Opting out does not affect any other part of these Terms.
20.8 Fees and format. Payment of arbitration fees will be governed by the administrator's applicable consumer rules. Arbitration may be conducted by written submissions, by phone or video, or in person in the county where you live, as those rules allow.
20.9 Severability / blow-up. If the class-action waiver in Section 20.4 is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and proceed in court under Section 19; the remainder of this Section stays in effect. If any other part of this Section is found unenforceable, it will be severed and the rest will continue to apply.
20.10 Mass arbitration. If 25 or more similar arbitration demands are filed by or coordinated through the same or coordinated counsel, the parties agree such demands may be batched and resolved in staged "bellwether" proceedings to manage cost and efficiency.
20.11 Survival. This Section survives termination of these Terms and of your account.
21. Communications and notices
You agree that we may provide notices and communications to you electronically — by email or through the Service. We may rely on the contact details associated with your account. You can contact us at privacy@fitlyze.app.
22. Consumers and local mandatory rights
If you use the Service as a consumer, you may have rights under the mandatory laws of your country, province, or state that cannot be waived by contract, and nothing in these Terms removes or limits those rights. In particular:
- Québec and Canada: these Terms do not override your rights under applicable consumer-protection and privacy law; if you are a Québec resident, a French-language version of these Terms is available, and the consumer-protection rules of Québec apply to you.
- European Union/EEA and Switzerland: you benefit from the mandatory consumer-protection rules of your country of residence, and you may be entitled to bring proceedings in your local courts; where those rules conflict with Section 19, the mandatory rules prevail for you.
- United States: these Terms do not limit any non-waivable rights you have under your state's laws, including consumer-protection and consumer-health-data laws.
23. General
These Terms (together with the documents incorporated by reference) are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control (force majeure). Section headings are for convenience only. These Terms are made available in the languages in which the Service is offered; if there is a conflict between translations, the English version controls, except where local law requires otherwise (for example, French for Québec consumers).
24. Contact
DerMo Technologies Inc. (d/b/a Fitlyze) 2300 Yonge Street, Suite 1600, Toronto, ON M4P 1E4, Canada privacy@fitlyze.app
25. Your acceptance
By ticking the box at sign-up, you confirm that you have read and agree to these Terms of Service. You accept that:
I have read and agree to the Fitlyze Terms of Service.