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Terms of Service

FITKIND TERMS OF SERVICE

Last modified: 5 September 2026

Effective date: 22 August 2026

These Terms are the agreement between you and APPAYA LTD ("fitkind", "we", "us") for your use of the fitkind mobile apps, the Apple Watch and Wear OS companion apps, fitkind.app and the services behind them (the "Service"). By creating an account or using the Service you accept them.

fitkind is a personal training log with optional community features. Direct messaging, photo or video sharing between members, a professional marketplace and organisation portals are not part of the Service. Several community and AI features are behind switches that are currently off; they are covered here so these Terms are complete when they are turned on. Those switches govern feeds, presence, counts and the AI assistant — following other members still works, and the Community tab is present, whatever the switches say.

Our Privacy Policy explains what data we collect and who can see it. Our Community Guidelines set the standard for behaviour in community features. Both form part of these Terms.

1. Eligibility and your account

You must be at least 18 years old to use FitKind. Entering your email address creates your account and signs you in; the date-of-birth question comes during onboarding, and a date making you under 18 is refused there, so you cannot complete your profile or use the app. That check reads the date you declare — we do not verify it against a document or an age-assurance service — so giving a false date of birth to obtain an account is a breach of these Terms and grounds for us to close it. Our Community Guidelines and Child Safety Policy set the same 18-and-over standard.

You need an email address you control. We sign you in with a one-time link or code, so whoever can read that email can reach your account — keep it secure. You may also sign in with Apple or Google where offered.

Give accurate account information. Do not create accounts by automated means, do not create an account for someone else without their permission, and do not create a new account to evade a suspension or ban.

Your display name may be visible to other members. So, if community features are on, are the workout names you type. Do not use either to impersonate someone, to infringe anyone's rights, or to post anything unlawful, abusive or deceptive.

Tell us at [email protected] if you think someone else has reached your account.

2. Fitness and medical disclaimer

Read this section. It is the most important one here.

fitkind is a fitness tracking app. It is not a medical device, not a healthcare provider, not a diagnostic tool, and not a substitute for advice from a qualified professional. Nothing in the Service diagnoses, treats, cures, monitors or prevents any disease, injury or condition, and nothing in it should be read as medical, physiotherapy, nutritional or psychological advice.

Readiness scores, sleep scores, stress scores, training-load figures, momentum, recovery indicators and any similar number in fitkind are estimates produced by our own formulas from the data available to them. They are not clinical measurements, they are not validated against any medical standard, and they can be wrong. Do not use them to decide anything about your health.

Exercise carries real risk, including serious injury and death. You decide whether any activity, load or programme is right for you, and you do so at your own risk. Get advice from a doctor before starting or substantially changing a training programme, particularly if you are pregnant, recovering from injury or surgery, managing a health condition, taking medication, or have any concern about your heart, joints or breathing.

Stop immediately and get medical help if you feel chest pain, breathlessness, dizziness, faintness, unusual pain or any other symptom that worries you. fitkind is not an emergency service and cannot summon help. In an emergency call your local emergency number.

3. Health platforms and wearables

If you connect Apple Health, HealthKit, Apple Watch or Health Connect, you authorise fitkind to read only the data types you approve in the platform's own permission screen. fitkind requests read access only and holds no write permission, so it cannot add to, change or delete anything in those platforms.

Change or revoke these permissions at any time in your device settings. That stops further imports. It does not delete what has already been imported, and fitkind has no control today that deletes only your imported health data — deleting your account is the route that removes it.

Separately from those platforms, the Apple Watch and Wear OS apps read the watch's own motion sensors during a workout to count your reps. That is device motion hardware rather than a health record, so it sits outside the Apple Health and Health Connect permission screens; the rep count is what leaves the watch.

We do not sell health data, do not use it for advertising, and never show it to another member.

4. Kit AI

Kit is an optional AI assistant. On an iPhone with Apple Intelligence it runs entirely on your device. Everywhere else, if the feature is enabled, your messages are processed by our servers and by a third-party inference provider, as set out in the Privacy Policy. We show you that disclosure before your first conversation, and again when a new server-side conversation starts on devices that do not remember your acknowledgement. The apps are meant to hold your first message until you acknowledge it, though on Android that check can currently be skipped for a brand-new account. Read it rather than dismissing it.

Daily message limits apply to Kit when it runs on our servers, and depend on your subscription tier. They do not apply where Kit runs entirely on your iPhone, because nothing is being spent on your behalf.

AI output is frequently wrong. It can be inaccurate, out of date, internally inconsistent, or plainly unsuitable for you, and it can state a wrong thing confidently. Check anything you intend to act on. You are responsible for what you do with it.

Kit is not a doctor, physiotherapist, dietitian, mental-health professional or emergency service, and must not be used as one. Do not send it medical details, information about other people, or anything sensitive and unrelated to training.

What we send a provider is your message and a summary of your own training — including health-derived readiness and sleep figures, and the underlying numbers behind them — and we send it for the purpose of answering you. Their own retention and handling are governed by their terms, not by ours. We may change providers, models, limits or availability, and may withdraw Kit entirely.

5. Your content

"Your Content" means anything you create or record in fitkind — workouts and their names and notes, templates, custom exercises, body measurements, goals, your display name and profile picture, Moments you share, reports you submit and messages you send us.

You own it. These Terms transfer no ownership to us.

You grant fitkind a non-exclusive, worldwide, royalty-free licence to host, store, copy, back up, transmit, process and display Your Content only so far as is needed to operate, secure and support the Service for you — including showing it to other members where your own visibility settings allow it, and producing the derived statistics (totals, streaks, records, readiness figures) that the product exists to show you. The licence lasts as long as we hold the content and ends when it is erased. We do not use Your Content to train AI models, and we do not licence it to anyone else for their own purposes.

You are responsible for Your Content and confirm you have the right to submit it. Do not submit anything unlawful, abusive, harassing, hateful, sexual, misleading, infringing, or that discloses someone else's private information. That applies with full force to fields other members can see, such as display names and workout names.

We may remove content that breaks these Terms or our Community Guidelines, and we may keep a record of a removal for safety and legal purposes.

6. Community features

The community switches are not all-or-nothing. Following other members, member search, your public profile and follower counts work whatever those switches say; the switches govern the feed, live presence, Moments, cheers and squad pacts.

What that means in practice:

  • Followers see your completed workouts as the workout name you typed, the exercise count, the duration and the cheer count. A workout entry on its own does not show your sets, weights, notes, health data or location — but see the next point, because a Moment does show weights.
  • Moments contain recorded workout statistics, including your top sets with the exercise name and the weight and reps you lifted. They carry no photo, video or note you wrote — though a custom exercise you named yourself appears under the name you gave it. Sharing a Moment is always your choice.
  • Pulse live presence — showing mutual follows that you are training or have just finished, and the Nearby view that adds a coarse distance band and rough direction for members near you — does not work in the current apps. Neither app reports presence to us at all, and neither obtains or sends a location, so no presence or location data is collected today. The Privacy Policy sets out what it is designed to collect if it is switched on.
  • Squad pact members see each other's weekly compliance and the pact streak.
  • Anyone with your profile link can see your display name, picture and join month, plus — unless your account is private — your streak, workout count and follower counts. The page shows the month; the request behind it returns the exact account-creation timestamp.
  • Signed-in members can find you by display name in member search and can see your follower and following counts. Neither the private-account setting nor the community-features switch removes you from those today.

You control this with workout visibility (everyone, followers only, or private), a private-account setting, and a community-features switch. These are applied on our servers, but not on every path — the next paragraph says where each one stops, and none of them turns the community off everywhere. New accounts default to public workout visibility with community features on; check your settings if that is not what you want.

The community-features switch removes you from feeds, from community counts and from Pulse presence — with it off, your device writes no presence and any presence already stored is cleared when you toggle it. It does not remove the Community tab from your own app. As things stand neither it nor the private-account setting removes you from member search, from follower counts, or from your public profile link. If you need to be undiscoverable by name, email [email protected] and we will handle it directly.

Community features may be added, changed, limited or withdrawn as the product develops, and may not be available to every account at all times.

7. Blocking, reporting and moderation

You can block any member from their profile. Blocking removes the follow relationship in both directions and hides each of you from the other everywhere that knows who is looking — feeds, presence, follows and search. Your public profile link is deliberately anonymous, so it does not know the viewer and a blocked member holding that link can still open it. You can manage your block list in the app.

You can report a member from their profile in the app. Reporting a specific piece of content is not yet a separate control in either app — report the member and tell us what you saw, or write to [email protected]. We review reports and may dismiss them, warn the member, remove or hide content, suspend the account, or ban it permanently. Repeated confirmed breaches escalate: a second confirmed breach may bring a temporary suspension of seven days, and a third a permanent ban.

If your account is suspended or banned you may appeal by writing to [email protected] from the address on your account. There is no appeal screen in the apps today, so email is the route. For your own safety we return the same neutral acknowledgement to every appeal, so the reply itself never confirms anything about an account. If we uphold an appeal we restore your account and clear the enforcement against it — your strike count, suspension and ban are removed. The underlying record is kept: the appeal itself, the original report and the moderation action stay on file as safety and legal evidence, and the reversal is written to our audit log.

Do not file bad-faith reports, and do not use blocking or reporting to harass anyone.

8. Acceptable use

You must not:

  • Reverse engineer, decompile, scrape, probe, overload or interfere with the Service or the systems behind it.
  • Access accounts, data or functionality you have no permission to access.
  • Upload malware or exploit code, or send spam or deceptive content.
  • Impersonate anyone, or misrepresent your identity or affiliation.
  • Harass, threaten, stalk, defame or exploit anyone — including through display names, workout names, cheers, pact names or reports.
  • Try to work out another member's identity, home, gym or routine from community features, or to get around anyone's block, privacy setting or visibility choice.
  • Collect or harvest other members' data, by automated means or otherwise.
  • Fake activity — generating workouts, cheers, follows or streaks by script or by any means other than actually doing the training.
  • Resell, sublicense or commercially exploit the Service without our written permission.
  • Use fitkind for medical, emergency, safety-critical or other high-risk decisions.

Breaking these rules can cost you your account.

9. Subscriptions, renewals and refunds

Some features need a paid subscription. Prices, billing period, trial terms and renewal rules are shown to you at the point of purchase.

Apple and Google are the sellers. Every subscription is bought through the App Store or Google Play, charged to your store account, and managed there. We never see your card details.

Auto-renewal. Subscriptions renew automatically at the end of each period unless you cancel. Cancel in your Apple or Google account settings; cancelling in fitkind alone does not stop billing. Cancellation takes effect at the end of the paid period and you keep access until then.

Free trial. A seven-day free trial may be offered on your first Tracker subscription, once per account and only where no prior Tracker purchase exists. If you do not cancel before it ends, the subscription starts and is charged.

Refunds are handled by Apple and Google under their own policies, and are requested from them, not from us. Nothing here removes any refund or cancellation right you have under consumer law — in the UK and EEA that includes your statutory cancellation rights, which the store's process is where you exercise them.

If a subscription lapses or is refunded, paid features stop; your recorded training data stays in your account.

We may change prices or plans. Changes will not apply to a period you have already paid for, and we will tell you before a change takes effect.

10. App-store terms

These Terms are between you and fitkind, not with Apple or Google. Apple and Google are not responsible for the Service or for supporting it. On iOS, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use is also subject to the App Store or Google Play terms, and where they conflict with these Terms for a store-provided matter, theirs govern that matter.

11. Availability and changes to the Service

We aim to keep fitkind reliable but we do not promise uninterrupted or error-free operation. Features depend on your device, its operating system, permissions you grant, network availability and third-party platforms, any of which can fail or change.

We may add, change, suspend or remove features, including community and AI features. Where a change materially reduces something you have paid for, we will tell you and, where the law requires, offer an appropriate remedy.

We may update these Terms. Material changes will be notified in the app, by email or on fitkind.app before they take effect. Continuing to use the Service after that means you accept the updated Terms; if you do not, stop using the Service and delete your account.

12. Intellectual property

fitkind — the software, design, brand, name, logo, exercise library, written content and underlying technology — belongs to us or our licensors. These Terms grant you a personal, revocable, non-transferable licence to use the Service on devices you own or control, and nothing more. Do not copy, modify, distribute, sell, lease or make derivative works from any part of it, except where the law gives you that right regardless.

13. Termination

You can stop using fitkind at any time and delete your account in the app. What deletion does, and what survives it, is set out in the Privacy Policy.

We may suspend or end your access if you break these Terms or the Community Guidelines, if your use creates a risk to other members, to us or to our systems, or if the law requires it. Where it is reasonable and lawful to do so we will tell you why and, for anything short of a serious or repeated breach, give you a chance to put it right first. Moderation suspensions and bans under section 7 are terminations under this section.

Sections that by their nature should survive termination — content licence for material we still hold, disclaimers, liability, governing law — do so.

14. Disclaimers and liability

The Service is provided "as is" and "as available". Beyond what these Terms expressly say, and to the extent the law allows, we exclude all other warranties, express or implied. We do not warrant that the Service will meet your training goals, that its estimates are accurate, or that it will be free of errors or interruptions.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited. If you are a consumer, your statutory rights are unaffected and nothing here takes them away.

Subject to that, and to the extent the law allows:

  • We are not liable for indirect or consequential loss, loss of profit, loss of business, loss of goodwill, or loss or corruption of data beyond what we can restore.
  • We are not liable for injury, loss or damage arising from your training decisions, from your reliance on any score, estimate or AI output in the Service, or from any activity you undertake using it.
  • Our total liability to you for all claims connected with the Service in any twelve-month period is limited to the greater of the amount you paid us for the Service in that period and £100.

You use fitkind alongside your own judgement. Keep your own copy of anything you cannot afford to lose. The in-app export is the tool for that, but read what it does and does not contain in section 7 of the Privacy Policy first — it is not a complete copy of your account.

15. Governing law and disputes

These Terms and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

If you are a consumer resident elsewhere in the UK or in the EEA, you keep the protection of the mandatory consumer laws of the country you live in, and you may bring proceedings there.

Please contact [email protected] first — most problems are quicker to fix that way than through a court.

16. General

If any part of these Terms is held unenforceable, the rest continues to apply. Not enforcing a right is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours to a successor if the Service is acquired or reorganised, without reducing your rights. These Terms, the Privacy Policy and the Community Guidelines are the whole agreement between us about the Service.

17. Contact

Questions about these terms? Email [email protected]