Terms of service

This is a plain-English summary of the agreement below. It is not a substitute for the full terms, but if you read nothing else, read this.

• Fitmore is free. We take no commission, charge no lead fees and sell no placement. If that ever changes, we will tell you at least 30 days beforehand.
• Coaches are independent. They are not our employees or agents. We do not employ, vet, supervise or endorse them, and we are not a party to anything you agree with them.
• Exercise carries risk. Talk to a physician before starting. Each coach is responsible for their own practice, qualifications, insurance and licensing.
• Your content stays yours. You give us permission to host, display and promote it while it is on Fitmore.
• Rules apply. We can remove content or close accounts that break these terms. We decide what counts as spam or a fake profile, and we can delete one without notice. If we close your account, you cannot open another.
• The service is provided as is. We do not warrant it, and our liability is limited.
• Disputes go to individual arbitration under Delaware law - unless your local consumer law gives you rights or a forum you cannot waive, in which case those come first.
• You must be 18 or older to use Fitmore.

Fitmore Labs, Inc. ("Fitmore", "we", "us") is a company incorporated in Delaware, USA. We operate the platform at fitmore.co (the "Platform").

Fitmore is a marketplace. Fitness, movement and wellness coaches ("Coaches") publish professional profiles. People looking for a coach ("Clients") search those profiles and get in touch. We provide the software that puts the two in the same place. We do not deliver coaching, and we are not involved in what a Coach and a Client agree between themselves.

These Terms of service (the "Terms") are the agreement between you and Fitmore for your use of the Platform. By creating an account or using the Platform, you accept them. If you do not accept them, do not use the Platform.

Where Fitmore is available

We operate the Platform from the United States and make it available to anyone, anywhere it is lawful to use it. We make no claim that the Platform is appropriate or available in any particular place. You are responsible for complying with the laws that apply to you, including any rules governing professional practice, advertising, taxation and consumer protection where you live and work.

To use the Platform you must confirm that:

• You are at least 18 years old, or older if the age of majority where you live is higher.
• You can enter into a binding contract.
• You are not barred from using the Platform under any law that applies to you, and your use of it is lawful where you are.
• If you are signing up as a Coach, you hold every qualification, licence, registration and insurance policy that your work requires where you practise.

Fitmore is not intended for children. We do not knowingly allow anyone under 18 to create an account, and we will close an account if we learn its holder is underage.

Give accurate information when you sign up and keep it current. An account is personal to you; do not share your login or let someone else use it.

You are responsible for what happens under your account. Keep your credentials safe, and tell us at legal@fitmore.co as soon as you suspect someone else has access to it.

We may refuse, suspend or close an account that breaks these Terms, that we reasonably believe is fraudulent or unsafe, or that we are required to act on by law.

Using Fitmore currently costs nothing. Coaches pay nothing to publish a profile. Clients pay nothing to search or make contact. We take no commission on work a Coach wins through the Platform, charge nothing for leads or introductions, and do not sell placement in search results or featured positions.

Our right to introduce fees

We may introduce fees, subscriptions or other charges for the Platform or for particular features at any time. If we start charging for something that is free today, we will give you at least 30 days’ notice first, by email to the address on your account or by a prominent notice on the Platform. Continuing to use a feature after a charge takes effect means you accept it. If you do not want to pay, you can stop using that feature or close your account before the change takes effect.

No entitlement to permanent free access

Free access today does not entitle you to free access forever. We make no promise about how long any free period lasts, and we may change, limit or withdraw any feature - subject to the 30 days’ notice above where we are introducing a charge for something currently free.

Third-party fees are not ours

Some features rely on third-party services that charge their own fees - payment processing being the obvious one. Those fees are yours to pay. We neither set them nor subsidise them.

If we do introduce fees, prices may exclude sales tax, VAT, GST or similar charges. Where we are required to collect them, they will be added at checkout.

Fitmore is a place to be found. It is not an employer, an agency, a broker, a referral service or an insurer.

No employment or agency. Coaches are independent professionals who use the Platform to present their own businesses. We do not control or direct their schedules, prices, methods, premises or practices, and we do not supervise their work. Nothing in these Terms creates an employment, agency, partnership or joint venture relationship between Fitmore and any user.

We are not a party to your arrangement. Any session, programme, package, purchase or other arrangement between a Client and a Coach is a contract between those two people. Fitmore is not part of it. We do not set its terms, guarantee its performance, hold its money or resolve its disputes, and we are not liable under it.

No vetting, no endorsement. We do not verify qualifications, certifications, insurance, background checks or fitness to practise, and appearing on Fitmore is not a recommendation. Search order, ranking and any listing prominence reflect how our software works, not our judgement about a person. Deciding whether a Coach is right for you is your decision, and doing the checks that matter to you - credentials, insurance, references - is your responsibility.

We may offer identity verification through a third-party provider, and may show a badge on profiles that complete it.

What a verification badge means. Only that a third-party provider matched a government-issued identity document to the person holding the account, on the date shown. Nothing more.

What it does not mean. A badge does not confirm that a Coach:

• holds liability insurance or any particular policy;
• holds CPR, first aid or any safety certification;
• holds any professional qualification, licence or registration; or
• is competent, safe or suitable for you.

Any other badge, tag or label on a profile - qualifications, certifications, insurance, experience - comes from what the Coach told us. We publish it; we do not audit it.

You warrant that any identity document you submit is your own and genuine. Using a false or borrowed identity is a serious breach of these Terms and will result in the account being closed permanently.

Verification may set your public display name to the legal name on your document, and may prevent you from changing it afterwards.

By publishing a profile you agree that:

• Everything on your profile is accurate and current - your name, location, services, prices, experience, qualifications and certifications. Do not claim credentials you do not hold or imply an affiliation you do not have.
• Your qualifications, licences, registrations and insurance are your responsibility. You obtain them, you keep them current, and you meet the professional standards that apply where you practise. Fitmore does not check them and does not carry insurance for your work.
• Your practice is your responsibility. Screening clients, assessing whether an activity is safe for them, adapting to injuries or medical conditions, supervising sessions, maintaining premises and equipment, keeping records and holding appropriate cover are all yours.
• You will work lawfully - including tax, employment status, advertising rules, health and safety, and any rules on handling client health information.
• Your profile is public. Coach profiles are meant to be found, so expect them to be indexed by search engines and visible to people without accounts. Do not publish anything you do not want public.
• You will honour what you agree with a Client, and deal with them fairly and professionally.

You are not obliged to accept any Client, and no Client is obliged to engage you. Fitmore does not guarantee that you will receive enquiries, leads, clients or income.

When you use Fitmore to find a coach:

• Do your own due diligence. Ask for proof of qualifications, insurance and certifications before you train with someone. We have not checked them.
• What you agree is between you and the Coach. Prices, scheduling, cancellations, refunds and everything else are set by the Coach, not by us.
• Be honest about your health. Tell your coach about injuries, conditions, medications and limitations so they can work safely with you.
• Treat people decently. Coaches on Fitmore are professionals running their own businesses. Harassment, abuse and discrimination will end your access.
• Use contact details for their purpose. Information a Coach publishes is there so you can contact them about coaching, not so you can market to them or add them to a mailing list.

Physical activity carries real risk, including serious injury and, rarely, death. You accept that risk when you train.

Fitmore gives no medical advice. Nothing on the Platform - profiles, descriptions, articles, messages or search results - is medical, diagnostic or therapeutic advice, and none of it is a substitute for a qualified professional. Talk to a physician before you begin or change an exercise programme, particularly if you have a medical condition, are pregnant, are recovering from injury or have been inactive.

Coaching happens off the Platform. Every session, in person or online, is delivered by an independent Coach, in their own setting, under their own supervision. The Coach is responsible for its safety. Fitmore is not present, does not supervise, and does not control what happens.

To the fullest extent the law allows, you accept the risks of physical training arranged through the Platform and release Fitmore Labs, Inc. and its officers, directors, employees and agents from claims for injury, illness, property damage or death arising from a session or arrangement with a Coach you found here. This release does not affect any liability that cannot lawfully be released, including liability for death or personal injury caused by our own negligence, or for fraud.

You own your content. Photographs, video, biographies, descriptions, messages and everything else you upload ("Your Content") remain yours. We claim no ownership.

The licence you give us. To run the Platform we need permission to use what you post. You grant Fitmore a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt, resize, translate, publish, display and distribute Your Content for the purpose of operating, improving and promoting the Platform and your presence on it. That includes showing your profile to search engines and using it in marketing about Fitmore.

How long it lasts. The licence lasts while Your Content is on the Platform. Delete content or close your account and we stop using it for new purposes, though copies may persist for a while in backups, caches and search engine indexes we do not control, and we may keep what we need to for legal reasons. Where Your Content has been reasonably incorporated into published material - for example a marketing asset already distributed - the licence for that material survives.

What you promise about it. By posting Your Content you confirm that:

• you own it or have the rights and permissions needed to post it;
• it infringes nobody’s copyright, trademark, privacy, publicity or other rights - including the rights of anyone appearing in a photograph or video;
• it is accurate and not misleading; and
• it complies with these Terms and the law.

Copyright complaints. If you believe content here infringes your copyright, send a notice to our designated copyright agent at legal@fitmore.co with the subject line "Copyright Claim". Include: your physical or electronic signature; identification of the work you say has been infringed; the URL of the material; how to reach you; a statement that you believe in good faith the use is not authorised by the owner, their agent or the law; and a statement, made under penalty of perjury, that your notice is accurate and that you are the owner or authorised to act for them. We remove or disable access to material identified in a valid notice, and we tell the person who posted it.

Counter-notices. If something you posted was removed and you believe that was a mistake or misidentification, you may send a counter-notice to the same address. Include your signature, identification of the removed material and the URL where it appeared, a statement under penalty of perjury of your good-faith belief that the removal was mistaken, your contact details, and your consent to the jurisdiction of the federal court for your district — or, if you are outside the United States, to any judicial district in which we may be found. Unless the complainant tells us within ten business days that they have filed a court action, we may restore the material in ten to fourteen business days.

We close the accounts of repeat infringers.

We host photographs, video and other media so Coaches can show their work. Storage is for that purpose - professional presence on Fitmore.

We do not publish a hard quota, but we do expect reasonable use. Where an account is far outside normal usage we may contact you, ask you to reduce it, limit further uploads, remove material unrelated to your professional profile, or close an account that repeatedly ignores this.

Do not use Fitmore storage for:

• general file backup or archiving unrelated to your profile;
• hosting files for third parties who are not users; or
• anything unrelated to the services you offer through the Platform.

We may compress, resize or transcode what you upload so pages load quickly. Your original files may not be kept in their uploaded form, so keep your own copies.

Reviews only work if they are honest. If you write one, it must describe your own first-hand experience with that Coach.

You must not:

• write a review of yourself, your own business, a competitor, or someone you have never worked with;
• offer, give, request or accept anything - money, discounts, free sessions, gifts - in exchange for a review or for removing one;
• coordinate reviews, use multiple accounts, or arrange for others to post on your behalf; or
• threaten or pressure anyone over a review they wrote.

Fitmore does not sell, edit or reorder reviews to favour anyone. We may remove a review that breaks these rules, is off-topic, contains personal or abusive content, or appears to be fake. We do not otherwise arbitrate factual disagreements between a Coach and a reviewer.

Reviews are the opinions of the people who wrote them. They are not statements by Fitmore, and we do not vouch for them.

Do not use the Platform to:

• post false, misleading or fraudulent information, including fake credentials or fake reviews;
• impersonate anyone, or misrepresent your affiliation with a person or organisation;
• harass, stalk, threaten, defame or abuse anyone, or discriminate against them;
• send spam, unsolicited advertising or bulk commercial messages through our messaging or contact features;
• recruit users onto a competing service, or harvest profiles for that purpose;
• scrape, crawl or use bots or other automated means to collect data from the Platform, or use its content to train machine learning models, without our written permission;
• upload malware, or post illegal, sexually explicit, hateful or violent material;
• try to access accounts, systems or data you have no right to, or probe, disrupt or overload our infrastructure;
• reverse engineer, decompile or copy the Platform, or bypass its security or rate limits; or
• break any applicable law or regulation.

Enforcement

We may remove content, hide a profile from search, limit features, suspend an account or close it, with or without notice, where we reasonably believe these Terms have been broken or that someone is at risk. Where it is practical and lawful, we will tell you why. Serious or repeated breaches end access permanently, and may expose you to civil or criminal liability.

Spam and fake profiles

Whether a profile is spam is our judgement to make. If a profile looks fake, automated, duplicated, set up to advertise something else, or simply is not a real coach offering real coaching, we may delete it — with or without notice, and without having to establish it to your satisfaction first. We will normally tell you why. We are not obliged to restore a profile we have removed.

If we close your account, you may not open another. We may refuse, block or delete any new account we believe belongs to someone we have already removed, including one opened under a different name, email address or payment method.

Coaches may sell digital products - programmes, guides, video and similar - through the Platform. Payments are handled by Stripe, not by us.

Fitmore takes no cut. We charge no commission on these sales. Stripe charges its own processing fees and those are the Coach’s responsibility, as is having a Stripe account in good standing and complying with Stripe’s terms.

The sale is between Coach and buyer. The Coach sets the price and the terms, describes the product accurately, delivers it, handles refunds and support, and is responsible for their own tax obligations, including any sales tax, VAT or GST. Fitmore is not the seller or the merchant of record, and is not responsible for the quality, delivery, legality or fulfilment of anything a Coach sells.

If you buy a digital product, raise any problem with the Coach first. Payment disputes are between you, the Coach and Stripe.

When you have an account we send you service messages - verification, password resets, security alerts, message notifications and important changes to these Terms. These are part of running the account and cannot be switched off while it is open.

We may also send occasional product news or marketing. You can opt out of those at any time using the unsubscribe link, or in your account settings, without affecting your service messages.

How we handle personal data is set out in our Privacy policy, which forms part of these Terms.

Our use of cookies and similar technologies is described in our Cookie policy. Where the law that applies to you requires consent before non-essential cookies are set, we ask for it first.

Depending on where you live, you may have rights over your personal data - to access it, correct it, delete it, or object to certain uses. The Privacy policy explains those rights and how to use them.

The Platform itself - the software, design, layout, text, graphics, databases and the way it is put together - belongs to Fitmore Labs, Inc. or its licensors and is protected by intellectual property law. We grant you a limited, personal, revocable, non-transferable right to use the Platform under these Terms, and nothing more.

"Fitmore", our logo and our other marks are trademarks of Fitmore Labs, Inc. Do not use them without our written permission.

If you send us feedback, suggestions or ideas about the Platform, we may use them freely and without payment or obligation to you. Do not send us anything you consider confidential.

The Platform relies on third-party services - authentication, payments, maps, file storage, analytics and email among them - and links to sites we do not run, including Coaches’ own websites and social media.

We do not control those services or sites, we do not endorse them, and we are not responsible for their content, their practices or their privacy policies. When you use one, its own terms and privacy policy govern that use. Read them.

You can leave whenever you like. Delete your account from your account settings or ask us at legal@fitmore.co. Your profile stops being public, and personal data is handled as described in the Privacy policy.

We may suspend or close an account that breaks these Terms, that we reasonably believe is unlawful, fraudulent or a risk to others, or where we are required to by law. We may also discontinue the Platform entirely; if we do, we will give reasonable notice where we can.

When an account closes:

• the rights we grant you under these Terms end and you must stop using the Platform;
• obligations already incurred - to us or to another user - survive;
• we are not obliged to keep or hand back your content, so export anything you want before you go;
• you may not open a new account, and we may block or remove one you try to open; and
• the sections that by their nature should outlive the agreement do so - content licence, disclaimers, limitation of liability, indemnity, dispute resolution, governing law and these general provisions.

The Platform is provided as is and as available. To the fullest extent the law allows, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

In particular, we do not warrant that:

• the Platform will be uninterrupted, secure, timely or error-free;
• any information on it - including anything a user posts about themselves - is accurate, complete or current;
• any Coach is qualified, insured, competent, safe or suitable for you; or
• a Coach will get clients, or a Client will find a suitable coach.

Nothing here excludes a warranty or right that the law where you live does not permit us to exclude. See section 24.

To the fullest extent the law allows, Fitmore is not liable for indirect, incidental, special, consequential, punitive or exemplary damages, or for lost profits, lost revenue, lost data, lost business or damage to reputation, arising from these Terms or your use of the Platform - on any legal theory, and even if we were told such damage was possible.

Our total liability to you for all claims arising from these Terms or your use of the Platform will not exceed the greater of: (a) what you paid Fitmore in the twelve months before the event that gave rise to the claim; or (b) one hundred US dollars (US$100).

These limits are a fundamental part of the agreement between us, and reflect that the Platform is provided free of charge. They apply to the fullest extent permitted, and continue to apply even if a limited remedy fails of its essential purpose.

What is never excluded. Nothing in these Terms limits liability that cannot lawfully be limited - including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability the law where you live does not allow us to exclude. If your local law gives you rights that cannot be waived, this section does not touch them.

You agree to indemnify and hold harmless Fitmore Labs, Inc. and its officers, directors, employees and agents from claims, liabilities, damages, losses and reasonable legal costs arising from: your breach of these Terms; your use of the Platform; content you post; your infringement of anyone’s rights; and - if you are a Coach - the services you provide and how you provide them.

This obligation applies only to the extent the loss was not caused by us, and only so far as the law where you live permits. Where you are a consumer, it is limited accordingly.

Read this section carefully. It affects how disputes with us are decided. Section 24 explains how it interacts with your local consumer rights.

Talk to us first

Most problems are easier to fix than to litigate. Email legal@fitmore.co with a description of the issue and what you want. Both of us agree to try in good faith to resolve it informally for 30 days before starting a formal proceeding.

Arbitration

If that fails, any dispute arising out of these Terms or your use of the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitrator decides the dispute, and judgment on the award may be entered in any court with jurisdiction. Either of us may still bring an individual claim in small claims court if it qualifies, and either of us may seek injunctive relief in court to protect intellectual property or stop unauthorised access.

Class action waiver

Claims are brought individually. Neither you nor Fitmore may bring a claim as a plaintiff or class member in a class, collective, consolidated or representative proceeding, and an arbitrator may not consolidate claims or preside over one.

Opting out of arbitration

You can opt out. Email legal@fitmore.co with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your name and the email on your account. Opting out costs you nothing and changes nothing else in this agreement.

Time limit

Any claim must be brought within one year of when it arose, unless the law where you live gives you longer - in which case that longer period applies.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Where arbitration applies, the Federal Arbitration Act governs its interpretation and enforcement. Where a dispute is not arbitrated, the courts of Delaware have jurisdiction.

Your local consumer rights come first

This matters, so it is stated plainly. If you use Fitmore as a consumer and the law where you live gives you rights that cannot be waived by agreement, or requires that disputes be heard in a particular place or by a particular body, those rules win. Nothing in these Terms - not the governing law clause, not the arbitration agreement, not the class action waiver, not the limits on liability - takes away a protection your own law does not allow us to take away, or stops you bringing a claim in a forum your law entitles you to use. Consumer protection law in many countries works this way, and we are not trying to contract around it.

Read the rest of this agreement as applying only so far as your local law permits. Where a clause conflicts with a mandatory rule that protects you, that rule applies and the rest of the agreement stays in force.

We keep versions of these Terms, and your account records the version you accepted. That way it is always clear what you agreed to and when.

Material changes - anything that meaningfully affects your rights or obligations, such as introducing fees, changing the content licence or changing how disputes are resolved - come with notice by email or a prominent notice on the Platform, and take effect no sooner than 30 days later. We will ask you to accept the new version, and you may be prompted to do so when you next sign in. If you do not accept it, you can close your account before it takes effect.

Minor changes - clarifications, corrections, restructuring - take effect when we publish them, and the date at the top of this page changes.

Entire agreement. These Terms, together with the Privacy policy and Cookie policy, are the whole agreement between you and Fitmore about the Platform, and replace anything said before.

Severability. If part of these Terms is found unenforceable, it is narrowed to the extent needed or removed, and the rest stays in force.

No waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.

Assignment. We may transfer these Terms to a successor in a merger, acquisition or sale of the business. You may not transfer yours without our written consent.

Events outside our control. We are not liable for failures or delays caused by things we cannot reasonably control - natural disasters, war, civil unrest, epidemics, strikes, power cuts, network failures or outages at the providers we depend on.

Notices. Send notices to us at legal@fitmore.co. We send notices to you by email to the address on your account or by posting on the Platform; an emailed notice counts as given 24 hours after it is sent.

Language. These Terms are written in English. Any translation is for convenience, and the English version governs.

Fitmore Labs, Inc., a Delaware corporation, operating fitmore.co.

• General questions: contact@fitmore.co
• Legal, privacy and arbitration notices: legal@fitmore.co
• Copyright claims: legal@fitmore.co, subject line "Copyright Claim"

By creating an account or using Fitmore, you confirm you have read and accepted these Terms, including the disclaimers, the limits on liability and the arbitration agreement in section 23, as qualified by your local consumer rights in section 24. If you do not accept them, do not use the Platform.