Terms and Conditions

We, Fitcy Health, and our affiliate, subsidiary and parent companies (collectively, “Fitcy”, “us”, “we” or “our”) are excited to provide you with the use of our website, applications, content, and platform (the “Service”). These Terms and Conditions form a legally binding agreement between you and Fitcy in relation to your use of the Service. By using the Service or by registering an account for the Service, you expressly understand and agree to be bound by these Terms and Conditions, our Privacy Policy, any additional guidelines provided, and any future amendments of the above mentioned (collectively, the “Agreement”).

Your Use

The Fitcy Services are intended for anyone over the age of eighteen (18). However, if you are between thirteen (13) to seventeen (17) years of age, you may only access and/or use any of the Services with the consent of your parent or guardian. Membership in the Service is not valid in those jurisdictions where the Service is prohibited by law or by our policies. By using our Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and that you abide by all of the terms and conditions of this Agreement.

Services

Fitcy shall connect you with a Fitcy specialist (“Specialist(s)”) who shall provide you with the relevant service(s) throughout your use of our Service through our website, application(s), content, and/or platform (collectively referred to as “our website”).

We require that every Specialist be accredited, trained and experienced in compliance with our specific criteria for their relevant field. You may contact us at [email protected] for the requirements we set for our Specialists.

The Specialists are independent providers who are neither our employees nor agents nor representatives. Our website’s role is limited to enabling the Specialists to provide their services, while the advice provided is the responsibility of the Specialist who provides it. If you feel the services provided by the Specialist do not fit your needs or expectations, you may change to a different Specialist who provides services through our website.

While we hope the Service is beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.

We do not provide medical advice or care. If you are thinking about suicide or if you are considering harming yourself or others or if you feel that any other person may be in any danger or if you have any medical emergency, you must immediately call the relevant emergency service number and notify the relevant authorities. Seek immediate in-person assistance. The Service is not designed for use in any of the aforementioned cases and the Specialists cannot provide the assistance required in any of the aforementioned cases.

The Service is not intended for the provision of clinical diagnosis requiring an in-person evaluation and you should not use it if you need any official documentation or approvals for purposes such as any court-ordered counselling. It is also not intended for any information regarding which drugs or medical treatment may be appropriate for you, and you should disregard any such advice if delivered through our Services.

Do not disregard, avoid, or delay in obtaining in-person care from your doctor or other qualified professional because of information or advice you received through the platform.

Privacy

The Fitcy Privacy Policy (“Privacy Policy”) serves as an integral part of this Agreement. Please ensure to carefully review and read the Privacy Policy for details relating to the collection, use, and disclosure of your personal information.

Changes to the Terms

We may, in our sole discretion, edit, modify, add, or remove any part of this Agreement at any time without providing prior notice to you. Please ensure to periodically check our website for any changes to the Agreement. Any modifications to the Agreement shall be effective immediately for all new and existing users. By your continued use of the Service, you explicitly agree to any such changes.

Pricing

We endeavour to accurately provide all prices on our Service. We reserve the right to refuse or cancel purchases made through the Service in the scenario where we provide an incorrect price or provide you with the wrong information. All prices mentioned on the Service may be changed without providing any prior notice. The prices mentioned on the Service are per person, unless mentioned otherwise.

Payments

General

You agree to pay Fitcy for all charges at the agreed upon prices for any use of the Service by you or other persons using your account, and you authorize Fitcy to charge your chosen payment provider (your “Payment Method“) for the use of the Service. We reserve the right to correct any errors or mistakes that we make in relation to your payment, even if we have received payment. However, if it is a mistake from our side, we endeavour to rectify it as soon as possible.

Payment Method

Payment for your use of the Service shall be based on your Payment Method and shall be governed by a separate agreement between you and your choice of Payment Method. In the scenario where we do not receive payment from your chosen Payment Method, you explicitly agree to immediately pay all amounts due to Fitcy; otherwise, we reserve the right to suspend or terminate your access to the Service(s).

Accuracy of Information

You unequivocally agree to inform us in the scenario where your payment method has been cancelled, or in the scenario where you have become aware of a potential breach of your Payment Method, or of the unauthorized use or disclosure of your access to the Service.

Recurring Billing

By agreeing to this Agreement, you accept that you may be charged on a recurring basis and you accept complete responsibility for all charges. We reserve the right to make periodic charges, without further authorization from you, until you provide prior written notice to us that you have terminated this authorization or wish to change your Payment Method. Such notice shall only be deemed effective upon our confirmation that your Payment Method has been changed.

Reaffirmation of Authorization

By your non-termination or continued use of the Service, you authorize us to charge your Payment Method. We reserve the right to submit those charges for payment and you will be responsible for such charges. This does not waive Fitcy’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described on the applicable payment screen.

Refund and Cancellation Policy

Our Commitment to Your Satisfaction
At Fitcy Health, we genuinely care about your experience and aim to provide services that meet your needs and expectations. To ensure this, we offer a refund policy under certain conditions. If you find that our services do not align with your expectations, you may request a refund within seven (7) days from your date of purchase, provided the service or subscription sessions have not been used. To qualify, no subscription benefits or privileges should be utilized during this period. Please note that any services or subscriptions purchased at a discounted rate are not eligible for a refund, even if unused.
How to Request a Refund
If you wish to request a refund, please contact our friendly support team while your membership is still active. We promise to review your request with care and understanding, ensuring it meets our eligibility criteria for non-use of services during the seven (7) day period. Our goal is to be fair and reasonable, and we will make every effort to handle your request promptly. After this period, refunds will not be available for any services or subscriptions already accessed.
Ending Your Membership
Should you decide to end your membership beyond the seven (7) day refund window, we understand and respect your decision. You will continue to have access to our services until the end of your current subscription term. Please note that after this term ends, your membership will not be renewed, and we won’t be able to provide a prorated refund for the remaining period.
Changes in Your Provider
We understand that a strong connection with your provider is crucial. If you are not satisfied with your assigned provider or if they are no longer available, we will do our best to match you with another provider who can meet your needs, based on availability. While refunds are not offered in these situations, we are committed to helping you find the right support.
Flexibility with Sessions
We know that life can be unpredictable. If you need to reschedule a session, please let us know at least twenty-four (24) hours in advance to avoid any charges. Additionally, we encourage you to use all your session credits within the allocated time to make the most of your membership. Unfortunately, any unused sessions after this period will be forfeited.
Gifting Unused Sessions

At Fitcy Health, we believe in the power of community and sharing well-being with others. If you have unused sessions that are still within their valid time frame, you have the option to gift them to another member. To facilitate this, an administrative fee will apply, which will be shared with you upon request. Alternatively, you may choose to have one session deducted from your package to cover the transfer fee. This way, your unused sessions can continue to provide value and support to someone else’s journey.

Package & Credits Validity

At Fitcy Health, we want to ensure you have the flexibility you need to make the most of your package and session credits. Below are the details regarding the validity of our packages:

A 1-month package is valid for up to 2 months.
A 2-month package is valid for up to 4 months.
A 3-month package is valid for up to 6 months.
A 6-month package is valid for up to 1 year.
A 1-year package is valid for up to 2 years.

Freezing Your Credits

We understand that sometimes life requires a pause. You may freeze your session credits for up to 60 days within any 12-month period. To take advantage of this option, please ensure you submit your request within the package’s validity period. Please be aware that credits cannot be frozen or renewed once they have expired. A nominal administrative fee of $15 will apply for freezing credits.

Free Trials and Other Promotions

Any free trial or other promotion must be used within the specified time of the trial. You must choose to terminate your access to the feature or service before the end of the trial period in order to avoid being charged the applicable fee and/or put on a follow up subscription membership plan as communicated to you during the signup process to the free trial or promo. If you terminate access prior to the end of the trial period and are inadvertently charged a fee, please contact Fitcy support to have the charges reversed.

If you are unable to attend a reservation that has been booked during your free trial, you will be charged a fee for the delay or non-attendance.

Your Interactions with Other Members

1. 1. At Fitcy Health, we prioritize creating a safe, professional, and ethical environment for both users and specialists. To protect the integrity of our platform and ensure fairness to all parties, the following policies govern interactions between users, Fitcy Health specialists, and other platform participants.
    
    Interactions with Specialists and Other Users
    
    Your interactions with specialists and other Fitcy Health users, whether on our platform or outside of Fitcy Sessions, are your sole responsibility. While Fitcy Health connects users with qualified professionals, we do not monitor or take responsibility for any interactions that occur outside the platform and do not guarantee the actions or behaviors of any user or specialist.
    - No Guarantees on Conduct: Fitcy Health makes no representations or warranties about the behavior, expertise, or actions of users or specialists whether within Fitcy Health’s direct oversight or beyond.
    - Exercise Caution in Sharing Information: To protect your privacy, you should never share personally identifiable information (such as your home address, phone number, financial details, or other sensitive personal data) with other users or specialists unless explicitly required within the secure framework of a Fitcy Health session.
    - Independent Interactions at Your Own Risk: If you choose to engage with a specialist or another user outside of Fitcy Health, you do so at your own risk, and Fitcy Health assumes no responsibility for any outcomes, agreements, or disputes arising from such interactions.
    Non-Solicitation & No Circumvention
    
    To maintain the integrity of our platform and protect the relationships between Fitcy Health, its specialists, and its users, you agree not to solicit, recruit, hire, or work with any Fitcy Health specialists, employees, or representatives outside of the Fitcy Health platform, both during and after your engagement with Fitcy Health.
    
    Prohibited Actions:
    - No Direct Hiring or Poaching: You shall not attempt to hire, employ, contract, or engage Fitcy Health specialists, employees, or contractors for private, competing, or independent services outside of the Fitcy Health platform.
    - No Bypassing Fitcy Health Services: You acknowledge that Fitcy Health invests significant resources in vetting and providing access to high-quality professionals. Any attempt to bypass Fitcy Health by working directly with a specialist—whether during or after an engagement—is strictly prohibited.
    - No Engagement with Former Fitcy Health Providers Introduced to You Through Fitcy Health: If a specialist or provider who was introduced to you through Fitcy Health ceases to be affiliated with Fitcy Health, you agree not to engage, hire, or work with them independently for a minimum period of five (5) years from the date of their departure from Fitcy Health.
    - No Encouragement of Solicitation: You may not encourage, assist, or facilitate a Fitcy Health specialist, employee, or provider in leaving Fitcy Health to work with you independently or through another platform or business.
    Enforcement & Consequences for Violations
    - Immediate Termination of Access: Any violation of this policy may result in immediate termination of your access to Fitcy Health’s services and forfeiture of any remaining sessions, credits, or benefits associated with your account.
    - Legal Action & Financial Penalties: Fitcy Health reserves the right to pursue legal action, contractual damages, and injunctive relief against any user who circumvents this agreement, including but not limited to claims for lost revenue, breach of contract, and interference with business relationships.
    - Notification Requirement: If you are approached by a former Fitcy Health specialist, provider, or employee seeking to work with you outside of Fitcy Health, you must notify Fitcy Health immediately at [contact email] to remain in compliance with these terms.
    Release of Liability
    
    By using Fitcy Health’s platform, you expressly release Fitcy Health from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal or administrative remedy, known or unknown, suspected or unsuspected, arising from:
    - Your interactions with other users or specialists.
    - Any agreements, disputes, or conflicts resulting from engaging a specialist, either during or after their time with Fitcy Health, outside of the Fitcy Health platform.
    - Any outcomes, services, or advice received outside of Fitcy Health’s governance.
    Acknowledgment of Terms
    
    By continuing to use Fitcy Health’s services, you acknowledge and agree to these terms in full. Fitcy Health reserves the right to enforce these policies to protect the integrity of its platform, its specialists, and its business operations.
    
    Term and Termination

This Agreement will remain in full force and effect while you use the Service and/or maintain an account with Fitcy. You may terminate your membership, subject to the terms related to cancellation of membership contained in this Agreement, at any time, for any reason, by emailing us a written notice. If you terminate your membership via the Fitcyhealth.com website, to help Fitcy analyze and improve the Service, you may be asked to provide a reason for your termination. Fitcy may, in its sole discretion and for any or no reason, terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Fitcy. If Fitcy terminates your membership in the Service, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of Fitcy. Fitcy is not required to provide you notice prior to terminating your membership. Fitcy is not required to disclose, and may be prohibited from disclosing, a reason for the termination of your account.

Account Security

You are responsible for maintaining the confidentiality of the username and password that you use to register for and use the Service. You agree to (a) immediately notify Fitcy of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fitcy will not be liable for any loss or damage arising from your failure to comply with this provision. We shall endeavour to keep a high level of security of all our data; however, in the scenario where the data held by Fitcy is stolen and/or leaked, we shall not be held liable in any way or form. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not share your account with any other person.

Content on Fitcy

Proprietary Rights

Fitcy, and its licensors, own and retain all proprietary rights in the Service. The Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Service (the “Fitcy Health Materials”) that are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Fitcy Materials. Fitcy Materials do not include User Content (as defined below) or other content submitted by users. Fitcy retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Service or Fitcy Health Materials, except for the limited license rights set forth in this Agreement.

Reliance on Content

Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Service, but not directly by Fitcy, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Fitcy does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Service. Under no circumstances will Fitcy or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or transmitted to or by any users or Specialists.

Content Posted by You on the Service

Accurate Content

You are solely responsible for the User Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.

Moderating Content

You understand and agree that Fitcy may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “User Content“), in each case in whole or in part, that in the sole judgment of Fitcy, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of Members.

License to User Content

By posting User Content to any public area of Fitcy, you automatically grant, and you represent and warrant that you have the right to grant, to Fitcy, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user and Member of the Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.

Representations and Warranties

In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Service, to authorize Fitcy to use the User Content in the manner contemplated by Fitcy and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by Fitcy and other users will not infringe or violate the rights of any third party or violate any applicable law or regulation.

Prohibited User Content

The following is a partial list of the kind of User Content that is illegal or prohibited on the Service. Fitcy reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:

is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libellous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual or violent manner, or solicits personal information from anyone who cannot legally provide consent to provide said personal information;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
any other objectionable material in Fitcy’s sole discretion.

Member Profile

All information you include in your member profile, including without limitation the information provided in relation to your Payment Method, must be accurate, current and complete. If information provided to Fitcy, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Fitcy of such change.

Prohibited Activities

Fitcy reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

You will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
You will not impersonate any person or entity.
You will not “stalk” or otherwise harass any Fitcy employee, member, user, or Specialist.
You will not express or imply that any statements you make are endorsed by Fitcy without our explicit prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Service or the site or the servers or networks connected to the Service or the site.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Service or the Service, without Fitcy’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Fitcy or the Service or the site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.

Modifications to Service

Fitcy reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fitcy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Blocking of IP Addresses

In order to protect the integrity of the Service, Fitcy reserves the right at any time in its sole discretion to block members from certain IP addresses from accessing the Service.

Disclaimers

Warranties

To the fullest extent permissible pursuant to applicable law, Fitcy, and its affiliates, owners, partners, and suppliers disclaim all warranties, statutory, express, implied or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non- infringement. You expressly agree that the use of the Service is at your sole risk and that any advice, guarantees or promises that may be posted on the Service is for informational and entertainment purposes only and will not create any warranty not expressly stated herein. The Service, user content and any third-party media, content, software, services or applications made available in conjunction with or through the Service are provided on an “as is”, “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.

Operation and Content

Fitcy is not responsible for any incorrect or inaccurate content posted on or in connection with the Service, whether caused by users of the Service, members, Specialists, or by any of the equipment or programming associated with or utilized in the Service. Fitcy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. Fitcy is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the service.

Fitcy Specialist and Member Conduct

FITCY SHALL NOT BE HELD RESPONSIBLE WHATSOEVER FOR THE CONDUCT OF ANY OF OUR SPECIALISTS OR MEMBERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.

You hereby release Fitcy, its affiliates, owners, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with the Specialists on the Services, other users or members.

Links and Third Party Services

The Service may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, tools, interfaces, content, and/or materials (“Third-Party Services”). We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps, software or any other element of the Services. There is no implied affiliation, endorsement or adoption by us of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and privacy policies that separately apply to these Third-Party Services.

Under no circumstances will Fitcy be responsible for any loss or damage resulting from your reliance on third-party content posted on the Services or transmitted to or by any third-party in connection with the Services.

AI Wellness Companion – Terms & Conditions

1. Introduction & Purpose

Welcome to Fitcy Health’s AI-powered mental wellness companion (“the Service”), a tool designed to provide users with a space for guided self-reflection, emotional support, and general wellness insights. We recognize the importance of mental well-being and strive to offer a supportive, AI-powered experience to assist in navigating life’s challenges. However, it is essential to understand the nature and limitations of this service, as outlined in this agreement.

By accessing or using the AI wellness companion, users acknowledge, understand, and agree to the following Terms & Conditions in their entirety. These terms establish the legal framework governing your interaction with the AI companion and Fitcy Health. If at any point you disagree with these terms, you must immediately discontinue use of the service.

2. No Medical, Psychological, or Professional Relationship

While this AI companion is designed to encourage wellness and provide general emotional support, it is crucial to clarify that:

This service does not provide medical, psychological, psychiatric, therapeutic, or professional healthcare advice.
No doctor-patient, therapist-client, or professional relationship is formed by engaging with the AI companion.
Users should not rely on the AI-generated responses as a substitute for licensed mental health professionals, medical practitioners, or crisis intervention services.

If you are experiencing significant distress, emergency situations, self-harm ideation, suicidal thoughts, or any form of crisis, you must immediately seek help from emergency services, or crisis support organizations.

User Responsibility in Seeking Help

The AI companion’s responses are not tailored for individual medical, psychological, or emergency situations. Users remain solely responsible for determining whether they require professional support and should consult licensed professionals regarding their mental health concerns.

3. No Liability & Express Waiver of Claims

By engaging with the AI wellness companion, users expressly acknowledge and accept that Fitcy Health, including its affiliates, employees, contractors, officers, shareholders, licensors, technology providers, and representatives, bear no liability whatsoever for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to:

Personal injury, emotional distress, or mental health deterioration arising from the use, reliance on, or inability to access the AI companion.
Financial, reputational, or professional losses resulting from AI-generated insights, recommendations, or interpretations.
Errors, inaccuracies, omissions, or misleading information produced by AI-generated responses.
Technical issues, service interruptions, or inability to access the AI companion for any reason, including maintenance, updates, security threats, or discontinuation.

Users further waive any right to bring legal claims, lawsuits, arbitration, or demands against Fitcy Health in relation to their use of the AI wellness companion, under any legal theory, including but not limited to breach of contract, negligence, product liability, strict liability, statutory violations, or emotional damages.

Indemnification Clause

Users agree to fully indemnify, defend, and hold harmless Fitcy Health against any claims, liabilities, damages, costs, or expenses (including attorneys’ fees) resulting from their misuse of the AI wellness companion or any breach of these Terms & Conditions.

4. No Confidentiality or Medical Record-Keeping

Conversations with the AI wellness companion do not constitute medical or psychological records.
We deeply value your privacy and trust in using our AI wellness companion. However, it’s important to understand that interactions with the AI are not considered medical or therapeutic records and are not protected under doctor-patient privilege, therapist-client confidentiality, HIPAA, or any other healthcare privacy regulations.

While we are committed to responsible data practices, this AI companion is designed as a general wellness tool rather than a licensed healthcare service. We encourage users to be mindful of the information they share and to seek professional support for confidential or clinically sensitive matters.
Users are advised not to disclose sensitive, confidential, or legally protected information when engaging with the AI companion.

Fitcy Health is not responsible for the security, privacy, or confidentiality of user interactions, and users assume all risks associated with sharing information through the service.

5. Non-Disclosure & Intellectual Property Restrictions

Fitcy Health’s AI companion is a proprietary system developed with significant investment in research, data science, and AI modeling. To protect intellectual property rights and service integrity, users must adhere to the following restrictions:

Users are strictly prohibited from copying, sharing, distributing, publishing, or disclosing AI-generated responses beyond personal use.
Users may not create derivative works, modify, alter, reverse-engineer, decompile, or attempt to reconstruct the AI model, algorithms, or methodology behind the wellness companion.
Users may not use AI-generated content for commercial, research, competitive, or unauthorized purposes without explicit written permission from Fitcy Health.

Any violation of these provisions may result in immediate account termination, access revocation, and potential legal action against the user, including but not limited to claims for damages, injunctive relief, and legal penalties.

6. Service Modifications, Limitations & Data Use

Fitcy Health reserves the right to modify, update, restrict, suspend, or terminate the AI companion at any time without prior notice or liability. The company makes no guarantees regarding the availability, consistency, accuracy, or uninterrupted functionality of the service.

To enhance the service and ensure ethical AI improvements, Fitcy Health may review anonymized interactions as permitted by internal policies and applicable laws. However, Fitcy Health does not guarantee the retention, deletion, or accessibility of past AI interactions.

7. Governing Law, Arbitration, and Dispute Resolution

Binding Arbitration & Class-Action Waiver

By using this AI wellness companion, users agree that any disputes, claims, or legal actions arising from its use shall be exclusively resolved through binding arbitration conducted under the rules of a recognized arbitration institution.

Users waive any right to file lawsuits, class-action claims, or mass arbitrations against Fitcy Health.
Arbitration proceedings shall be confidential, final, and legally binding.
Users agree not to pursue claims in any court of law and waive their right to a trial by jury.

Applicable Jurisdiction

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of [Insert Jurisdiction], without regard to conflicts of law principles. Users agree to submit to the exclusive jurisdiction of [Insert Jurisdiction] for any residual legal proceedings not subject to arbitration.

8. Acceptance of Terms & Future Modifications

By accessing or using the AI wellness companion, users expressly confirm their full understanding of these Terms & Conditions and irrevocably agree to abide by them without exception.

Fitcy Health reserves the right to modify these Terms & Conditions at any time without prior notice. Continued use of the AI wellness companion following modifications constitutes automatic acceptance of the revised Terms.

Release of Liability and Damages.

Release of Liability for Injury or Death

You expressly acknowledge and agree that your access, use and/or involvement with any of the Services, or individuals affiliated with Fitcy may involve potentially dangerous, injurious, and physical undertakings that may lead to, without limitation, personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, mental health issues, nutritional issues, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold Fitcy harmless from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Services.

Fitcy Advice Disclaimer

You acknowledge and agree that we do not provide or replace any professional medical advice, diagnosis, or treatment and that Fitcy cannot be held liable for any medical, health or any other sort of injury suffered as a result of your use of the Service. You further agree to consult a physician prior to your use of the Service.

Limitation of Liability and Damages

In no event, and under no legal theory, including without limitation negligence, will Fitcy or its affiliates, owners, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if Fitcy has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, Fitcy’s liability will be limited to the least extent permitted by law.

In no event shall Fitcy or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers’ total liability to you for any cause whatsoever (whether in contract, tort (including negligence), warranty, or otherwise), and regardless of the form of the action, exceed the greater of: (i) one hundred dollars or (ii) the amount paid by you to Fitcy for the Service in the three (3) months prior to the action giving rise to the liability.

Indemnity by You

You agree to indemnify and hold Fitcy, its parent company/companies, subsidiaries, affiliates, Specialists, officers, agents, licensors, owners, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your violation or breach of this Agreement, (iii) your user content, or (iv) any breach of your representations and warranties set forth above. Fitcy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Fitcy. Fitcy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Notice

Fitcy may provide you with notices, including those regarding changes to this Agreement, by email or postings on the Service. Notice will be deemed given four (4) hours after the email is sent or after the notice has been posted on the Service.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Jurisdiction and Choice of Law

By your use of the Service, you expressly agree that any dispute arising out of your use of the Service shall be governed by the laws of Dubai and the federal laws of the United Arab Emirates without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Dubai, United Arab Emirates, for the resolution of any such dispute.

Waiver

A part of this Agreement may be amended or removed only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Fitcy to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Survival

Any provisions of this Agreement may be used for the benefit of Fitcy following termination of this Agreement. Subject to the foregoing, all provisions that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Severability

If any part of this Agreement shall held to be void, unlawful or unenforceable, then that specific provision shall be separated from this Agreement and shall have no impact on the validity and enforceability of any other part of this Agreement.

Assignment

Fitcy reserves the right to transfer or assign any rights and licenses granted under the Agreement without any restriction whatsoever. However, you may not transfer or assign any part of this Agreement. Any assignment attempted to be made in violation of this Agreement shall be void.

Claims

You hereby agree that any claim arising out of, or in any relation whatsoever to, the Service must be filed within six (6) months of the cause of action occurring.

You explicitly agree to not participate in a class action or class-wide arbitration for any claims you may have under this Agreement and with your use of the Services.

Entire Agreement

This serves as the entire agreement between you and us and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and us. The Agreement shall not be modified by you except in writing, signed by you and us; however, Fitcy reserves the right to unilaterally change this Agreement in accordance with Section IV of this Agreement.