Terms of use

The agreement

These terms are the agreement between you and FitFinch, and using the service means accepting them. They are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction — though if you live elsewhere in the UK you keep the right to bring a claim in your own courts.

You must be at least 16 to use it. If you are under 16, ask a parent or guardian to hold the account.

Your account

Your account is yours, not a gym’s. You sign up here, and joining a gym is a separate step you can undo. If you leave a gym you keep your account and everything in it — your diary, your workouts, your measurements and your history.

One person, one account. Keep your password to yourself: anybody who has it can do everything you can, including deleting the lot. Tell us at hello@fitfinch.com if you think somebody else has been in your account — and check the sign-in history on your security page, which is there for exactly that.

What this is not

This is a tracking tool, not medical advice, and it is not a medical device. Calorie targets are an estimate from a standard formula and a few numbers you typed in; they are a starting point, not a prescription. Nothing here diagnoses, treats or monitors any condition, and nothing here substitutes for a doctor, a dietitian or a qualified coach — particularly if you are pregnant, ill, injured, recovering from an eating disorder, or under a doctor’s care.

Training carries risk. You are responsible for what you lift and for stopping when something hurts.

Gyms

A gym on this platform is an independent business. We provide the software; they run the classes, employ the trainers, and set their own booking rules, prices and conduct policy. A dispute about a class, a trainer or a membership is between you and them.

Gyms do not sign themselves up. Every gym here was created by us, by hand, after somebody got in touch — there is no self-serve gym registration, and a gym can never reach data belonging to another gym or to somebody who is not its member.

Bookings

Each gym sets how far ahead you can book, how much notice a free cancellation needs, and how many classes you may hold at once. Cancelling later than the notice period is allowed and recorded as late — freeing the place matters more than the paperwork, but a gym may act on a pattern of it.

A gym can cancel a class. You will be told, and your booking is left alone rather than rewritten as though you had pulled out.

What you agree not to do

• Use somebody else’s account, or let anybody use yours.
• Try to reach data belonging to another member or another gym.
• Enter anything unlawful, or anything about somebody else that they have not agreed to.
• Scrape, overload, probe or interfere with the service.
• Copy, resell or reverse-engineer the software.

What belongs to whom

The software, its design and its name are ours, and you get a personal, non-exclusive, non-transferable licence to use it — nothing more. What you enter stays yours: we claim no ownership of your diary, your workouts or your measurements, and we use them only to run the service for you.

Money

The platform takes no payments at present. Nothing here charges you, there is no card on file, and where a gym shows you a membership plan it is a record of the deal you have with that gym — the money changes hands between you and them, not through us. If that ever changes you will be told, and asked, before anything is billed.

Ending it

You can delete your account at any time, from the app or from https://www.fitfinch.com/delete-account, without asking us. It is a real deletion, not a flag. Export your data first if you want to keep it — afterwards we cannot get it back for you.

We can suspend or close an account being used to harm somebody else or to break these terms. We will say why, and you can reply.

Availability, and what we are liable for

The service is provided as it is. We work to keep it available and correct, and we back it up, but we do not promise it will never be down and never lose anything — which is a reason to use the export button now and then.

We are not liable for loss that was not reasonably foreseeable, for business losses, or for what an independent gym does. Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited — and if you are a consumer, nothing here affects your statutory rights.

If you installed this from an app store

These terms apply the same way however you reached the service. A few things need saying specifically for Apple’s App Store.

• This agreement is between you and FitFinch alone. Apple is not a party to it, and we — not Apple — are solely responsible for the app and everything in it.
• Your licence to use the app is a non-transferable one to run it on Apple-branded devices you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
• We are solely responsible for support and maintenance. Apple has no obligation to provide either, so write to hello@fitfinch.com.
• We are solely responsible for any warranty, express or implied. If the app fails to conform to a warranty you may tell Apple, and Apple will refund what you paid for it — the app is free, so that figure is nothing. Beyond that refund, Apple has no warranty obligation whatever, and any other claim goes to us.
• We, not Apple, are responsible for dealing with any claim about the app: product liability, any failure to meet a legal or regulatory requirement, and claims under consumer protection or privacy law.
• We, not Apple, are responsible for investigating and defending any claim that the app infringes somebody’s intellectual property.
• You confirm you are not in a country subject to a US Government embargo, or designated as a terrorist-supporting country, and that you are not on any US Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms of agreement when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these terms, and on your accepting them Apple has the right — and is deemed to have accepted the right — to enforce them against you.

Changes to these terms

We will tell you in the app before anything material changes, and the version number above goes up. If you do not accept a change, you can delete your account — that is the remedy, and it is one you can take yourself.

Getting in touch

Write to hello@fitfinch.com. A person reads it.