Terms of Use
These terms are the agreement between you and FITBOUTIQUE for the Fit By FitBoutique® apps, website and subscriptions. Please read them, especially the health and safety notice.
1. Accepting these terms
By downloading, accessing or using Fit By FitBoutique®(the “Service”) you agree to these terms. If you don’t agree, please don’t use the Service. The Service is provided by FITBOUTIQUE, an Australian company.
2. Who can use it
You must be at least 16 years old to create an account. If you’re under 18, you may only use the Service with the involvement of a parent or guardian who agrees to these terms on your behalf.
3. Health and safety: please read
FitBoutique provides general fitness and exercise content only. It is not medical advice, diagnosis or treatment, and it is not a substitute for guidance from a qualified health professional.
- Consult your doctor before starting any exercise program, particularly if you are pregnant or postpartum, have an injury or medical condition, are recovering from surgery, or have been inactive for a while.
- Exercise carries inherent risks, including injury. You participate at your own risk and are responsible for exercising within your own limits.
- Stop immediately if you feel pain, dizziness, shortness of breath or discomfort, and seek medical attention if needed.
- Make sure your reformer or equipment is in good condition, correctly set up and suitable for the class, and that your space is safe and clear.
- Any personalisation in the app is based on the information you provide. It is automated and general in nature, and it is not a professional assessment of your fitness or health.
4. Your account
Keep your login details secure and don’t share your account. You’re responsible for activity under your account. Tell us promptly at help@fitboutique.com if you believe it’s been compromised. Please give us accurate information and keep it up to date.
5. Subscriptions, trials and billing
- Some content requires a paid subscription. Prices, plans and any free-trial terms are shown in the app before you purchase.
- Purchases are processed by Apple or Google through your app store account. We don’t handle your payment details.
- Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends.
- If you have a free trial, any unused portion is forfeited when you buy a subscription.
- Manage or cancel your subscription in your Apple or Google account settings. Deleting the app doesn’t cancel it. See how to cancel.
- Refunds are handled by Apple or Google under their policies, not by us. Nothing here limits your rights under the Australian Consumer Law.
6. Your licence to use the content
We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to stream and use the Service for your own personal, non-commercial use, while your account is in good standing. You may not:
- Copy, download, record, screen-capture, redistribute, sell or publicly perform any class or content.
- Use the Service to run classes for others, in a studio, gym or any commercial setting.
- Share your account, or circumvent access controls, geographic restrictions or payment mechanisms.
- Reverse engineer, decompile or attempt to extract our source code or video files.
- Scrape, crawl or bulk-download content, or use it to train machine-learning models.
- Use the Service unlawfully, or in a way that harms other users or our systems.
7. Intellectual property
All classes, videos, programs, images, text, software, design, the Fit By FitBoutique® name and our logos are owned by FITBOUTIQUEor our licensors and are protected by copyright and trade mark law. These terms don’t transfer any ownership to you.
8. Content you provide
You keep ownership of anything you submit, such as a profile photo or feedback. You grant us a licence to host and use it to operate the Service. Please only upload content you have the right to use, and nothing unlawful or offensive. We may remove content that breaches these terms.
9. Availability and changes
We’re constantly adding and updating classes, and we may change, suspend or discontinue parts of the Service. We aim to keep the Service available but don’t guarantee uninterrupted access. Maintenance, updates, app-store or network issues can interrupt it. You need a compatible device and internet connection, which are your responsibility.
10. Suspension and termination
You can stop using the Service and delete your account at any time (see deleting your account). We may suspend or terminate your access if you materially breach these terms, if we’re required to by law, or if we discontinue the Service. Cancelling a subscription stops future renewals; it doesn’t automatically refund the current period.
11. Disclaimers and liability
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those rights. For major failures you’re entitled to a refund or replacement, and to compensation for reasonably foreseeable loss.
Beyond those non-excludable rights, and to the extent permitted by law: the Service is provided “as is”; we don’t warrant that it will be error-free or meet your particular fitness goals; and our total liability to you is limited to the amount you paid us in the 12 months before the claim, or (at our option) resupplying the Service. We are not liable for indirect or consequential loss.
12. Third parties and app stores
The Service integrates services such as Apple, Google, Meta sign-in, RevenueCat and Supabase, each governed by their own terms. Where you obtained the app from the Apple App Store, you acknowledge that these terms are between you and us and not Apple, that Apple has no responsibility for the app or its content, and that Apple is a third-party beneficiary entitled to enforce these terms against you.
13. Changes to these terms
We may update these terms; we’ll change the “last updated” date above and, for significant changes, notify you in the app or by email. Continuing to use the Service after a change means you accept the updated terms.
14. Governing law
These terms are governed by the laws of Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Australia.
15. Contact us
Questions about these terms? Email help@fitboutique.com or visit our contact page. See also our Privacy Policy.