Fitmore Terms of Service

No Employment or Agency Relationship. Fitmore operates solely as a technology platform. Fitmore is not an employer, broker, agent, or insurer. Instructors are independent third parties who use the Platform to market their services. Fitmore does not control, direct, or supervise any Instructor's performance, schedule, pricing, training methods, or business practices.

No agency, partnership, joint venture, or employment relationship is created between Fitmore and any User or Instructor by virtue of these Terms or use of the Platform.

Direct Contracts. Any booking, purchase, or training agreement is a contract solely between the User and the Instructor. Fitmore is not a party to any such contract and expressly disclaims all liability arising therefrom.

By accessing or using the Platform, you represent and warrant that:

• You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater;
• You reside in the United States, Canada (excluding Quebec), the Netherlands, the United Kingdom, Ireland, or Australia;
• You have the legal capacity to enter into binding contracts; and
• If you are an Instructor, you possess all requisite certifications, licenses, and insurance required to provide fitness instruction in your jurisdiction.

Verification. Fitmore reserves the right, but undertakes no obligation, to verify your identity, credentials, or qualifications. You agree to provide proof of identity upon request. Failure to provide such proof upon request constitutes grounds for immediate account termination.

(a) The “Verified” Badge. Fitmore may grant a “Verified” badge to select Users. This designation indicates only that Fitmore has utilized a third-party identity verification service (e.g., Stripe Identity) to validate the User's government-issued identification and biometric data.

(b) Consent to Third-Party Processing. By requesting verification, you expressly consent to the collection and processing of your personal identification (including photographs of government-issued identification) and biometric data (e.g., facial recognition scan) by our third-party provider, Stripe, Inc. You acknowledge that Stripe processes this data in accordance with its own privacy policy and that Fitmore does not store raw biometric identifiers or government identification images on its servers.

(c) Scope of Verification. The “Verified” badge confirms identity only. Fitmore does not verify:

• Liability insurance coverage;
• CPR, First Aid, or other safety certifications; or
• Professional credentials, skill level, or fitness to provide services.

Any badges, tags, or indicators suggesting “Insured,” “Certified,” or similar status are based solely on the User's self-reported information. The “Verified” badge does not constitute an endorsement, certification, or guarantee regarding an Instructor's qualifications, safety, or suitability for any particular purpose.

(d) User Warranty. You represent and warrant that any identification provided during verification is your own and is authentic. Using a false identity or another person's credentials constitutes a material breach of these Terms and shall result in immediate account termination and a permanent ban from the Platform.

(e) Profile Synchronization. You acknowledge and agree that upon successful identity verification, Fitmore may automatically update your profile display name to match the legal name associated with your verified government identification. You may be prevented from modifying your display name following verification to ensure Platform integrity.

YOU ACKNOWLEDGE THAT FITNESS ACTIVITIES CARRY INHERENT RISKS OF PHYSICAL INJURY, DISABILITY, OR DEATH.

Release. By using the Platform to find or engage an Instructor or Client, you voluntarily assume all risks associated with physical training activities. You hereby release and hold harmless Fitmore B.V., its officers, directors, employees, agents, successors, and assigns from any and all claims, demands, causes of action, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to physical injury, property damage, or wrongful death occurring during or as a result of any session arranged through the Platform.

No Medical Advice. Fitmore does not provide medical advice. You should consult a licensed physician before beginning any exercise program.

Subscriptions. Standard subscription accounts are billed in advance on a recurring basis (monthly or annually, as selected). All fees are non-refundable except as required by applicable law.

Taxes. Stated prices may not include applicable sales tax, value-added tax (VAT), goods and services tax (GST), or other governmental charges. If Fitmore is required to collect such taxes in your jurisdiction, they shall be added to your subscription fee at checkout.

Price Changes. Fitmore reserves the right to modify pricing upon thirty (30) days' prior notice. Your continued use of the Platform following the effective date of any price change constitutes acceptance of such change.

Fitmore Founder Pro Members. While subscription fees are waived for Launch Features, Fitmore Founder Pro members remain responsible for any transactional fees (e.g., payment processing fees) incurred through their use of optional commerce features, as well as any fees associated with features not included in Launch Features.

Ownership. You retain all ownership rights in the photographs, biographical information, videos, and other materials you submit to the Platform (“User Content”).

License Grant. By posting User Content, you grant Fitmore a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, display, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your User Content in any media or format, whether now known or hereafter developed, for the purpose of operating, promoting, and improving the Platform.

Representations and Warranties. You represent and warrant that: (i) you own or have obtained all necessary rights, licenses, and permissions to submit your User Content; (ii) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights; and (iii) your User Content complies with these Terms and all applicable laws.

Copyright Complaints (DMCA). If you believe that content on the Platform infringes your copyright, please submit a takedown request to legal@fitmore.co with the subject line “Copyright Claim.” Your notice must include: (1) identification of the copyrighted work claimed to have been infringed; (2) the URL or other specific location of the allegedly infringing material; (3) your contact information; (4) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You agree not to:

• Solicit users to transact outside the Platform or move to a competing platform;
• Scrape, spider, crawl, or use any automated means to access or collect data from the Platform;
• Harass, stalk, threaten, or abuse any other user;
• Send unsolicited advertising, spam, or commercial solicitations through the Platform's messaging system;
• Share illegal content, malware, or harmful files;
• Post false credentials, fake reviews, or misleading information;
• Attempt to gain unauthorized access to any portion of the Platform or other users' accounts;
• Interfere with or disrupt the Platform's operation, servers, or networks; or
• Violate any applicable local, state, national, or international law or regulation.

Violation of these prohibitions may result in immediate account termination and may subject you to civil or criminal liability.

By creating an account, you expressly consent to receive electronic communications from Fitmore, including:

• Transactional communications (account verification, password resets, booking confirmations, message notifications);
• Service announcements and Platform updates;
• Educational content and industry information; and
• Marketing and promotional communications.

Required Communications. Transactional and service-related communications are necessary for Platform operation and cannot be disabled while your account remains active.

Optional Communications. You may opt out of marketing communications at any time using the unsubscribe mechanism provided in such communications.

Your personal data is processed in accordance with our Privacy Policy, which is incorporated herein by reference.

Cookies. By using the Platform, you consent to our use of cookies as described in our Cookie Policy. Users in the European Union will be asked for explicit consent before non-essential cookies are loaded.

California Residents. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), including the right to know what personal information we collect, the right to request deletion of your personal information, and the right to opt out of the sale or sharing of your personal information. For information regarding these rights and how to exercise them, please refer to our Privacy Policy.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FITMORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Disclaimer Regarding Verification. The “Verified” badge is limited strictly to identity verification conducted via third-party analysis. Fitmore does not warrant that any “Verified” user maintains active liability insurance, current certifications, or any particular level of skill or competence. Verification does not constitute an endorsement, certification, or guarantee of any Instructor's safety, reliability, or character. Fitmore expressly disclaims any liability for the acts or omissions of any user, including “Verified” users. It is the sole responsibility of any party engaging an Instructor to:

• Request and verify proof of current liability insurance;
• Request and verify current CPR, First Aid, or other relevant certifications; and
• Conduct any other due diligence deemed appropriate prior to engaging the Instructor's services.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FITMORE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO FITMORE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD) OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

EXCLUSION OF DAMAGES. IN NO EVENT SHALL FITMORE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, PHYSICAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FITMORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification. You agree to indemnify, defend, and hold harmless Fitmore B.V. and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your violation of these Terms; (ii) your use of the Platform; (iii) your violation of any rights of any third party; or (iv) any User Content you submit to the Platform.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Applicability. This Section 11 applies to users residing in the United States or Canada.

Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

CLASS ACTION WAIVER. YOU AND FITMORE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal@fitmore.co with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

Governing Law for US/Canada Users. For users residing in the United States or Canada, these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles, except that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall govern the interpretation and enforcement of the arbitration provisions set forth in this Section 11.

Platform Ownership. The Platform, including all content, features, functionality, software, code, databases, designs, text, graphics, logos, icons, images, audio clips, and the selection and arrangement thereof (collectively, “Fitmore Content”), is owned by Fitmore B.V. or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except for the limited license granted herein, Fitmore reserves all rights in and to the Platform and Fitmore Content.

Trademarks. “Fitmore,” the Fitmore logo, and other Fitmore marks, graphics, logos, and service names are trademarks or registered trademarks of Fitmore B.V. You may not use any Fitmore trademarks without our prior written consent.

Feedback. If you provide Fitmore with any feedback, suggestions, ideas, or recommendations regarding the Platform (“Feedback”), you hereby assign to Fitmore all right, title, and interest in and to such Feedback. You agree that Fitmore shall be free to use, disclose, reproduce, license, and otherwise distribute and exploit such Feedback as Fitmore sees fit, without obligation or compensation to you.

To Fitmore. You may provide notice to Fitmore by email to legal@fitmore.co or by mail to Fitmore B.V., Van Breestraat 110H, 1071ZT Amsterdam, NL. Notice shall be deemed given upon receipt.

To You. Fitmore may provide notice to you by email to the address associated with your account, by posting notice on the Platform, or by any other method Fitmore deems appropriate. Notice by email shall be deemed given twenty-four (24) hours after the email is sent. Notice by posting shall be deemed given upon posting.

Modification of Terms. Fitmore reserves the right to modify these Terms at any time. Changes shall be effective immediately upon posting to the Platform. Your continued use of the Platform following the posting of any changes constitutes acceptance of such changes. Material changes shall be communicated to you via the email address associated with your account.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions.

Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or policies posted on the Platform, constitute the entire agreement between you and Fitmore regarding your use of the Platform and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral.

No Waiver. The failure of Fitmore to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by Fitmore.

Assignment. Fitmore may assign or transfer these Terms, including any rights and licenses granted hereunder, to any successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Fitmore's assets. You may not assign or transfer these Terms or any rights hereunder without Fitmore's prior written consent. In the event of an assignment by Fitmore, the successor entity may, in its sole discretion, honor legacy Fitmore Founder Pro status or transition affected users to a substantially similar plan upon reasonable notice.

Fitmore may suspend or terminate your access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Effect of Termination. Upon termination of your account:

• All licenses and rights granted to you under these Terms shall immediately terminate;
• You must immediately cease all use of the Platform; and
• Any outstanding amounts owed to Fitmore shall become immediately due and payable.

Survival. The following provisions shall survive termination of these Terms: Sections 4 (Assumption of Risk and Release), 6 (User Content and License), 10 (Disclaimers and Limitation of Liability), 11 (Dispute Resolution), 12 (Governing Law and Jurisdiction), 13 (Intellectual Property), and 17 (General Provisions).