Terms of Service

Last Updated: July 13, 2025

1. General Provisions

  1. These Terms of Service govern the use of the Fitly mobile application and services provided by MITOLOGIC SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, registered in Gdańsk (80-855) at ul. Wały Piastowskie 1 / 1508, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001172492, NIP 5833537382, REGON 541708303, with share capital of PLN 5,000 (hereinafter "Service Provider").
  2. Only natural persons with full legal capacity may use the Fitly application. Persons who have completed their 13th year of age but do not have full legal capacity may use the Fitly application only with the consent of their legal guardians.
  3. The Terms of Service are available in the Fitly mobile application and on the website www.fitly-app.com.
  4. Each User, before registration and starting to use the Fitly application, is obliged to read and accept these Terms of Service. Use of the Fitly application constitutes acceptance of these Terms.
  5. The Service Provider provides services electronically in accordance with these Terms and applicable law, particularly the Act of July 18, 2002 on the provision of services by electronic means.

2. Definitions

Terms used in these Terms of Service mean:

  1. Application – the Fitly mobile application available in Google Play and App Store, being software intended for installation on the User's mobile device;
  2. Account – the User's individual account in the Application, enabling the use of services provided by the Service Provider;
  3. User – a natural person using the Application who has created an Account;
  4. Services – services provided by the Service Provider electronically through the Application;
  5. Subscription – paid access to the full functionality of the Application for a specified period;
  6. AI Trainer – Application functionality based on artificial intelligence, providing personalized advice on diet and training;
  7. Personal Data – information about an identified or identifiable natural person;
  8. Privacy Policy – document defining the principles of processing Users' personal data by the Service Provider.

3. Registration and User Account

  1. Use of the full functionality of the Application requires creation of a User Account.
  2. To create an Account, the User is required to complete the registration process, which includes providing an email address and creating a password, or using the login option via Google, Apple or Facebook account.
  3. The User may have only one Account in the Application.
  4. After completing the registration process, a message with an activation link will be sent to the email address provided by the User. Clicking the activation link is necessary to complete the registration process and use the Account.
  5. The User is obliged to provide true personal data and to update them in case of any changes.
  6. The User is fully responsible for the security of their Account, including maintaining the confidentiality of login credentials and password. The User should immediately inform the Service Provider of any case of unauthorized access to the Account or suspected security breach.
  7. The Service Provider reserves the right to suspend or delete the User's Account in case of violation of these Terms, law or social norms.
  8. The User may delete their Account from the Application at any time via the appropriate functionality available in Account settings or by contacting customer support.

4. Services and Features

  1. The Fitly Application offers the following features:

    Onboarding (Free - One-time):

    • Initial setup wizard to configure user profile
    • Personalized calorie calculation based on user goals and parameters
    • No access to app features without active subscription

    Trial Subscription (3 days - Free, One-time per user):

    • Full access to all Pro features for testing
    • Automatic conversion to paid subscription after trial ends unless cancelled
    • Available only once per user account

    Pro Subscription (Paid - Monthly/Yearly):

    • AI Chat Trainer: Personalized AI trainer powered by OpenAI models for fitness and nutrition advice (limit: 50 queries/day)
    • AI Workout Generation: Automatic generation of personalized training plans
    • Workout Planning: Browse and plan workouts, training calendar
    • Exercise Library: Comprehensive exercise database with descriptions, instructions and tips
    • Workout Tracking: Recording completed workouts (sets, reps, weight)
    • Weight Tracking: Weight measurement history, trend charts, progress visualization
    • Water Tracking: Daily water intake tracking, hydration goals
    • Daily Goals: Customizable calorie, protein, and step goals
    • Nutrition Tracking: Detailed food diary with complete macronutrient breakdown
    • Barcode Scanner: Quick product scanning for nutrition data
    • Meal Photo Analysis: AI-powered recognition of products from label photos
    • Open Food Facts Integration: Automatic retrieval of product data (nutrition values, Nutri-Score, ingredients)
    • Daily Nutrition Breakdown: Calories, protein, carbohydrates, fats, sugar, salt, sodium, fiber
    • Progress Photos: Upload and compare progress photos (Front/Back/Side), metadata tagging
    • AI Photo Analysis: Potential progress analysis by AI
    • Mood Tracking: Mood diary with intensity (1-10), correlations with activity
    • Advanced Statistics: Comprehensive charts, trends, insights, AI-powered recommendations
    • Shopping List Generator: Automatic creation of shopping lists with smart categorization
    • Chat Sessions History: Saving and managing all conversations with AI
    • AI Memory: AI remembers conversation context for better personalized coaching
    • Gamification: Achievements, XP points, leveling system, streaks
    • Multi-Language Support: 8 languages (EN, PL, DE, ES, FR, IT, NL, PT)
    • Dark/Light Mode: Customizable interface theme
    • Authentication: Email/password, Google Sign-In, Apple Sign-In, optional 2FA
    • Export Data: Full data export capability (on request)
  2. Third-Party AI Services:
    • The Application uses OpenAI language models (GPT-4, Claude) accessed through OpenRouter service for AI Chat Trainer functionality
    • When using AI features, your messages, attached images, and relevant profile data are transmitted to OpenRouter/OpenAI servers for processing
    • OpenRouter/OpenAI may process this data according to their own privacy policies
    • We do not control how OpenRouter/OpenAI processes or stores your data during API calls
    • Chat messages are encrypted before being stored in our database
    • We recommend not sharing sensitive personal information, medical records, or identifying information about others in AI chats
    • For more details, see OpenRouter Privacy Policy: https://openrouter.ai/privacy and OpenAI Privacy Policy: https://openai.com/privacy
  3. AI Usage Limits (Pro):
    • AI Trainer Chat: Maximum 50 queries per day
    • Image Generation: Maximum 30 queries per day
    • Attachments: Maximum 2 photos per query
    • Photo Size: Maximum 1.5MB after WebP conversion
    • Limit Reset: Daily at 00:00 UTC
    • Limits may be changed to optimize costs and service quality
  4. Rate Limiting (Abuse Protection):
    • General API Requests: 60 requests per minute
    • Authorization Endpoints: 10 requests per 15 minutes
    • Exceeding limits results in temporary blocking (HTTP 429)
    • Deliberate circumvention of rate limits may result in account suspension
  5. All Application features (except initial onboarding) require an active subscription (Trial or Pro). The Application does not offer a free tier beyond the onboarding process.
  6. The Service Provider reserves the right to modify, add or remove Application features at any time to improve the Application or adapt it to changing market and technological requirements. The Service Provider will make reasonable efforts to inform Users of significant changes in advance, typically with up to 30 days' notice when feasible.
  7. The Application requires an Internet connection to use most features. Some basic features may be available in offline mode, but their scope may be limited.
  8. The Service Provider aims to ensure Application availability 24 hours a day, 7 days a week, but does not guarantee uninterrupted operation. Technical interruptions related to maintenance, updates, technical problems, or third-party service issues may occur without prior notice. No specific uptime SLA is provided.
  9. Medical Disclaimer: Advice and recommendations generated by the AI Trainer are informational in nature and do not replace professional consultation with a doctor, dietitian or personal trainer. The Application is NOT certified as a medical device or HIPAA-compliant. Before starting a new training program or diet, consultation with an appropriate specialist is MANDATORY. The Fitly Application is not intended for diagnosis, treatment or prevention of diseases. It should not be used as a substitute for professional medical care. In case of health problems, consult a doctor immediately.

5. Payments and Subscriptions

  1. The Fitly Application requires a subscription to access app features. Users can start with a 3-day free trial (one-time only), after which a paid Pro subscription is required for continued access.
  2. Current pricing and available Subscription options are presented in the Application in the "Subscriptions" section and on the Service Provider's website.
  3. Payments for Subscriptions are made through:
    • Google Play - for Android device users
    • App Store - for iOS device users
    • Online payment system operated by external payment service providers
  4. Subscriptions purchased through Google Play or App Store are managed in accordance with the terms of these platforms. Cancellation, renewal and other operations related to such Subscriptions can be performed directly in Google or Apple account settings.
  5. Subscriptions are automatically renewed for the next period, unless the User cancels the renewal at least 24 hours before the end of the current billing period.
  6. Canceling a Subscription does not immediately stop service provision – the User retains access to paid features until the end of the paid period.
  7. Subscription prices include VAT at the applicable rate.
  8. In case of promotions and trial periods:
    • The User may use the trial period only once
    • After the trial period ends, automatic transition to paid Subscription will occur, unless the User cancels the Subscription before the end of the trial period
    • Detailed terms of promotions and trial periods will be specified in their respective terms
  9. The Service Provider reserves the right to change Subscription prices and the scope of features available within them. Changes will not apply to active Subscriptions before the end of the paid period.

6. User Rights and Obligations

  1. The User has the right to:
    • Use the Application in accordance with its purpose and within the purchased Subscription
    • Obtain technical support via email: support@fitly-app.com
    • Submit complaints regarding Application functionality
    • Resign from using the Application and delete the Account at any time (My Profile → Delete Account)
    • Export their data (on request via email: privacy@fitly-app.com)
    • Withdraw consent to data processing at any time
  2. The User undertakes to:
    • Use the Application in accordance with law, these Terms and good practice
    • Provide true age (minimum 13 years) - providing false data results in immediate account deletion
    • Not use the Application for activities that could disrupt its operation or violate the rights of the Service Provider or third parties
    • Not share their Account with third parties (account sharing prohibited)
    • Secure the account with a strong password (min. 8 characters, numbers, upper/lower case letters, special character)
    • Not use multiple Accounts (one account per user)
    • Not attempt unauthorized access to other Users' Accounts
    • Not place in the Application content that is unlawful, offensive, pornographic, violating personal rights of third parties, promoting violence or hatred
    • Not interfere with the Application's source code and not attempt to bypass security measures (reverse engineering, decompilation)
    • Not use Application features for mass data collection (web scraping)
    • Not use bots, scripts or other automated tools without the Service Provider's consent
    • Comply with AI limits (50 chat requests/day, 30 image generation/day for Pro)
    • Not exceed API rate limits (60 req/min general, 10 auth req/15min)
  3. Prohibited Actions When Using AI Trainer (Pro):
    • Sending pornographic, violent, illegal, racist or discriminatory content
    • Attempts to manipulate or "jailbreak" AI to bypass security measures
    • Sharing AI access with others (account sharing)
    • Commercial use of AI without business license
    • Automation of queries (bots, scraping, mass requests)
    • Attempts to bypass daily limits (multiple accounts, VPN rotation)
    • Sending spam or identical queries repeatedly
    • Testing security attacks without written consent (pentesting)
    • Using AI to generate content for other applications/services
    • Attempts to extract AI model or its parameters
  4. Prohibited Content in Photos:
    • Photos of third parties without their explicit consent (violation of image rights)
    • Photos of children (under 18 years) without parental/guardian consent - STRICTLY PROHIBITED
    • Pornographic, sexual or sexually suggestive content
    • Content of violence, blood, gore, cruelty to people or animals
    • Medical documents with PHI (Protected Health Information)
    • Identity documents, passports, credit cards, financial data
    • Photos containing personal data of others (addresses, phone numbers)
    • Content protected by copyright without license
    • Memes, political, religious content in fitness context (app is fitness-only)
  5. Consequences of Violation - Progressive Penalty System:
    • First Violation (minor): Email warning + AI restriction for 24h
    • Second Violation: Account suspension for 7 days, loss of Pro features access
    • Third Violation: Permanent suspension, no Subscription refund
    • Serious Violation (first offense): Immediate permanent ban, possible report to authorities
    • Serious Violations Include: pornography, child abuse, terrorism, threats, identity theft, financial fraud, DDoS, hacking attempts
    • API Abuse: Permanent IP ban + account termination, possible report to Apple/Google
    • Multiple Accounts Abuse: All accounts terminated + IP ban
  6. Monitoring and Abuse Detection:
    • Automatic systems detect suspicious activity (spam patterns, excessive requests)
    • Photos sent to AI are automatically scanned for prohibited content
    • Rate limiting is enforced at API level (cannot be bypassed)
    • Access logs are kept for 90 days for security purposes
    • The Service Provider cooperates with Apple/Google in cases of serious violations
    • Account suspension history is permanent (cannot be "appealed" after ban)

Fair Use Policy: The Application is intended for personal, non-commercial use. Commercial use requires business license. Reselling AI access, sharing accounts, or API abuse strictly prohibited and will result in immediate termination.

7. Service Provider Rights and Obligations

  1. The Service Provider aims to:
    • Provide services with reasonable care and diligence
    • Maintain reasonable security measures for data stored in the Application
    • Update the Application periodically to improve its functionality and security
    • Provide technical assistance to Users when reasonably possible
    • Make reasonable efforts to inform Users of planned technical interruptions when feasible
  2. The Service Provider has the right to:
    • Modify, add or remove Application features
    • Temporarily restrict access to the Application in case of need to perform maintenance or updates
    • Block or delete Accounts of Users violating these Terms
    • Remove from the Application content violating law, these Terms or good practice
    • Collect anonymous statistical data regarding use of the Application to improve it
    • Use anonymized data to train AI Trainer algorithms to improve service quality
  3. The Service Provider is not responsible for:
    • Problems with access to the Application resulting from User's internet connectivity issues
    • Data loss caused by User's device failure, if data was not synchronized with Service Provider's servers
    • Damage suffered by the User as a result of improper use of the Application
    • Health consequences resulting from User's following advice generated by AI Trainer without consulting an appropriate specialist

8. Intellectual Property

  1. The Fitly Application, its source code, graphic design, logo, trademarks, graphic elements, texts, algorithms and databases constitute the intellectual property of the Service Provider or entities with which the Service Provider has concluded appropriate agreements, and are subject to legal protection.
  2. The User does not acquire any rights to the elements indicated in point 1 above and may use them only within the scope of permitted personal use.
  3. It is prohibited to:
    • Copy, modify, distribute or use in any way all or part of the Application without the Service Provider's consent
    • Decompile, disassemble, reverse engineer and any other attempts to access the Application's source code
    • Remove, bypass or modify technical security measures applied in the Application
    • Use the name, logo or trademarks of Fitly without the Service Provider's written consent
    • Create applications or services that could be considered imitations of the Fitly Application
  4. Content entered by the User into the Application (such as personal data, measurements, notes, photos) remains the User's property. The User grants the Service Provider a non-exclusive, free license to use this content only to the extent necessary to provide services within the Application.
  5. The Service Provider has the right to use anonymized user data for statistical, analytical purposes and to improve the Application and its features.
  6. Any comments, suggestions and ideas regarding improvement of the Application submitted by the User to the Service Provider (so-called feedback) may be used by the Service Provider without restrictions and without the need to obtain additional consent from the User.

9. Personal Data Protection

  1. The personal data controller of Users is MITOLOGIC SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered in Gdańsk (80-855) at ul. Wały Piastowskie 1 / 1508.
  2. The Service Provider processes Users' personal data in accordance with applicable law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR).
  3. Detailed information regarding the processing of personal data is contained in the Privacy Policy available in the Application and on the Service Provider's website.

10. Limitation of Liability

  1. The Service Provider makes every effort to ensure that information and advice contained in the Application are reliable and useful, but is not responsible for their use by the User.
  2. The Fitly Application, including AI Trainer functionality, offers suggestions regarding diet and physical exercise that are general and informational in nature.
  3. The Service Provider is not responsible for health consequences of following recommendations generated by the Application without prior consultation with an appropriate specialist.
  4. The User uses the Application at their own risk and responsibility, particularly in relation to advice regarding diet and exercise.
  5. The Service Provider's liability is limited to direct damage and does not exceed the value of Subscription fees paid by the User in the 12 months preceding submission of the claim.

11. Complaints

  1. The User has the right to file complaints regarding Application functionality and services provided through it.
  2. Complaints should be submitted in writing to the Service Provider's address or by email to: support@fitly-app.com.
  3. The complaint should contain: User's name and surname, email address, description of the problem and date of its occurrence.
  4. The Service Provider aims to respond to complaints within 30 days of receiving them, though response times may vary depending on the complexity of the issue.
  5. In case of rejecting the complaint, the User will be informed of the reasons for the decision.

12. Amendments to Terms of Service

  1. The Service Provider reserves the right to amend these Terms in justified cases, particularly:
    • Changes in law
    • Introduction of new features
    • Improvement of security
    • Changes in payment methods
  2. The Service Provider will make reasonable efforts to inform Users of material changes to these Terms in advance, typically aiming for 30 days' notice via email and/or in-app notification when feasible.
  3. Continued use of the Application after the effective date of changes constitutes acceptance of the amended Terms.
  4. If the User does not accept the amended Terms, they should stop using the Application and may delete their Account.

13. Final Provisions

  1. These Terms of Service enter into force on July 13, 2025.
  2. In matters not regulated in these Terms, provisions of Polish law shall apply, in particular:
    • Civil Code
    • Act on the provision of services by electronic means
    • Act on consumer rights
    • GDPR Regulation
  3. Any disputes arising from these Terms will be resolved by courts competent for the Service Provider's registered office, except for disputes with consumers which will be resolved by courts competent according to the provisions of the Code of Civil Procedure.
  4. If any provision of these Terms is found to be invalid or unenforceable, it does not affect the validity of the remaining provisions.
  5. The Service Provider reserves the right to assign rights and obligations arising from these Terms to third parties, with notification to Users.

Contact Information

NIP: 5833537382

Support: support@fitly-app.com

Privacy: privacy@fitly-app.com