These terms are the agreement between you and FitLiftPro LTD for the FitLiftPro app and website. They explain what the app does, what it deliberately does not do, what you are responsible for, how subscriptions work, and who is liable for what. Please read section 8 in particular — it is about physical injury, and it is the most important part of this document.
The short version. FitLiftPro is a record-keeping tool. You tell it what you lifted and it stores, organises and displays that back to you. It is not a coach, not a trainer and not a medical service, and it does not tell you what is safe for you to do. Lifting weights carries a real risk of injury, and you are responsible for your own training decisions. Nothing in these terms takes away your legal rights as a consumer, and nothing in them excludes our liability if we injure someone through our own negligence.
FitLiftPro is operated by FitLiftPro LTD, a company registered in England and Wales under company number 17245472, whose registered office is at Flat 3, 23 Thorndike Road, London, England, N1 2LS. In these terms "we", "us" and "our" mean FitLiftPro LTD, and "you" means the person using the app or the website.
You can reach us at support@fitliftpro.com. That is the address for questions, support, complaints, legal notices and requests about your data. We aim to reply within five working days.
How we handle your personal information is set out separately in our Privacy Policy, which forms part of your agreement with us.
2.1 These terms apply to the FitLiftPro mobile app for iOS and Android, to the website at fitliftpro.com, and to everything we provide through them. Together we call all of that "the Service".
2.2 By creating an account, or by using the Service, you agree to these terms. If you do not agree to them, please do not use the Service.
2.3 Some features may have additional terms, which we will show you at the point you use that feature. Those additional terms are in addition to these ones, and if they conflict, the additional terms apply to that feature.
2.4 Please keep a copy of these terms. We will keep the current version on this page, and we will tell you when it changes — see section 28.
3.1 What it is. FitLiftPro is a record-keeping and tracking tool for fitness and wellness. It lets you:
3.2 What it is not. This matters, so we will be direct about it. FitLiftPro is not:
Using the Service does not create any coaching, practitioner–client or doctor–patient relationship between you and us.
3.3 The automatic features are arithmetic, not advice. Personal records, streaks, targets, charts, totals, statistics and any figure the app displays are calculated from the entries you made. They are a record of what you did. They are not a recommendation, an instruction, or an indication that any weight, exercise or rate of progression is safe or appropriate for you. If the app shows that you lifted more than last time, that is a fact about your history, not a suggestion about your next session.
3.4 We do not check anything. We do not review, verify or validate the information you enter, the exercises you choose, the weights you select, the videos you watch, or the routes you walk. See sections 8.5 and 12.
4.1 You must be at least 16 if you are in the United Kingdom or the European Economic Area, and at least 13 elsewhere — or older, if the law of your country sets a higher minimum age for using a service like this one.
4.2 If you are under 18, you may use the Service only with the consent of a parent or guardian who has read these terms and agrees to them on your behalf. That parent or guardian accepts these terms with you and is responsible for your use of the Service, including any purchases made through your account.
4.3 You must be able to enter into a binding contract with us and must not be barred from doing so under any applicable law. See also section 26 (export control and sanctions).
4.4 If we learn that an account belongs to someone below the applicable minimum age, we will close it and delete the data in it.
5.1 You need an account to use most of the Service. Please give us accurate information when you create it, and keep it up to date.
5.2 Your account is personal to you. Please do not share it, and do not let anyone else use it. One account per person.
5.3 Keep your sign-in details secure. You are responsible for activity that happens under your account, except to the extent that it results from something we did wrong. Tell us promptly at support@fitliftpro.com if you think someone else has access to it.
You sign in with Google, with Apple, or with an email address and password. If you use Google or Apple, we never see or hold your password — they confirm to us that you are you, and we trust that confirmation.
Your Google or Apple account is the key to FitLiftPro. Anyone who can sign in to it can sign in here, and to us they will look exactly like you — because as far as our systems can tell, they are you. FitLiftPro does not currently add a second factor of its own on top, so the security of that account is the security of your FitLiftPro data, including your photographs. We are telling you this plainly rather than leaving you to work it out: turn on two-factor authentication with Google or Apple. It is the single most effective thing you can do to protect what is in this app, and it takes a couple of minutes.
5.5 If you sign in with an email address and password, use a password you do not use anywhere else. If you sign in with Google or Apple and later lose access to that account, you may lose access to FitLiftPro with it, and we may be unable to restore it — we have no other way of establishing that the account is yours.
A practical word about your photographs. FitLiftPro can hold private photographs of your body. Anyone who can unlock your phone while you are signed in can see them. We strongly recommend using a device passcode or biometric lock, not leaving a signed-in device where others can reach it, and signing out or removing the app before you sell, return or give away a device. Signing out removes the local copy from that device.
6.1 Who you are buying from. Subscriptions are bought through the app store you downloaded the app from — Apple's App Store or Google Play. That store, not FitLiftPro LTD, is the seller for that transaction and handles your payment. We never see your card details. Your purchase is also subject to that store's own terms.
6.2 Automatic renewal. Subscriptions renew automatically at the end of each billing period — weekly, monthly or annually, depending on what you chose — and continue until you cancel. The store will normally charge you within the 24 hours before each new period begins.
6.3 Cancelling. You can cancel at any time in your App Store or Google Play account settings. We cannot cancel a subscription for you, because we are not the seller. To stop the next renewal, cancel at least 24 hours before the current period ends.
Cancelling stops future payments; it does not end your access immediately. You keep the paid features until the end of the period you have already paid for.
6.4 Free trials. If we offer a free trial, we will tell you how long it lasts and what it becomes. A trial converts into a paid subscription automatically unless you cancel it at least 24 hours before it ends. During a trial your store may show a temporary authorisation on your payment method; that is not a charge. Trials are normally limited to one per person, and we may change or withdraw trial offers for future customers at any time.
6.5 Price changes. We may change subscription prices. If we do, we will give you reasonable advance notice, and the new price will only apply from your next renewal after that notice — never in the middle of a period you have already paid for. You can cancel before the new price takes effect and you will not be charged it. Where the law requires your consent to continue at a new price, your store will ask for it.
6.6 If a payment fails. Your store will usually retry. If it cannot take payment, paid features may be suspended and the subscription may lapse. Your data is not deleted because a payment failed.
6.7 Your legal right to cancel. If you are a consumer in the UK or the EU, you have a statutory right to cancel a purchase of digital content or services within 14 days, without giving a reason. Because your purchase is made through the App Store or Google Play, you exercise that right through that store, and it will handle any refund. Where you asked to start using the Service immediately during that period and acknowledged the effect of doing so, that right may be reduced or lost, or you may be asked to pay a proportionate amount for the part of the service already supplied. Consumers in some other countries have similar or better rights — see section 25.2.
6.8 Other refunds. Outside the right described in 6.7, we do not normally refund part-used periods, because you keep access to the end of the period. Refund requests must go to the store that sold you the subscription; we will help where we can, but the decision is theirs. If we end your subscription for a reason that is not your fault, or we permanently remove a significant paid feature, we will refund the unused part of what you paid. None of this affects your statutory rights against us as the supplier of the Service.
6.9 What a subscription gets you, and what happens if it ends. We will tell you clearly, before you buy, what the subscription includes.
If your subscription ends, your data stays. Your account remains and your training history, measurements, photographs and walks are not deleted. Features that require a subscription stop working. You keep access to what you recorded, and you can export it. We do not hold your own records hostage.
6.10 Platforms are separate. A subscription bought on iOS is a purchase from Apple and a subscription bought on Android is a purchase from Google. An entitlement bought on one platform will not automatically appear on the other. If you change platform, please contact us before buying twice.
7.1 The app is licensed to you, not sold. We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use FitLiftPro on devices that you own or control, for your own personal and non-commercial use, in accordance with these terms.
7.2 You may not rent, lease, lend, sell, redistribute or sublicense the app, or make it available over a network where several devices could use it at once.
7.3 All rights we do not expressly grant you are reserved.
7.4 Apple and Google. This agreement is between you and FitLiftPro LTD only — it is not with Apple or Google. We alone are responsible for the app and for supporting it; Apple and Google have no obligation to provide any maintenance or support. Any claim relating to the app should be directed to us. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you, and the same applies to Google. You must also comply with the terms of the app store you use.
This is the most important section in these terms. Please read all of it.
Strength training and walking carry a genuine risk of physical injury. FitLiftPro records what you have done; it does not decide what you should do, and it cannot tell whether something is safe for you. Those decisions are yours, and we ask you to take them seriously and to get proper advice.
The Service provides general fitness and wellness information and record-keeping only. It is not medical advice, a diagnosis, a treatment, or a professional opinion of any kind, and it must not be treated as a substitute for advice from a qualified healthcare professional.
Never disregard professional medical advice, and never delay seeking it, because of anything in the Service. Do not use the Service to diagnose or treat a health problem.
You should consult a doctor or other suitably qualified healthcare professional before you start an exercise programme, and before you significantly change one — including about the safety and advisability of any particular activity, and about any specific condition or symptom you have.
This matters especially if any of the following apply to you:
Stop exercising immediately and seek medical help if you experience pain, severe discomfort, nausea, dizziness, faintness, chest pain, shortness of breath, or any symptom that concerns you. If you think you are having a medical emergency, stop using the Service and call emergency services.
You understand and accept that physical training — including weightlifting, resistance training, progressively increasing the loads you lift, and walking outdoors — carries inherent risks of injury, including serious injury. Some of those risks are obvious and some are not, and they exist however carefully you train.
By using the Service to record or plan your own training, you accept those risks inherent in the activity itself. This does not mean you accept risks created by our own fault — see section 23.1.
We want to be completely clear about this. We do not:
We are not with you when you train, and we are not in a position to know whether what you are about to do is a good idea. We do not know your medical history, your injuries, your training experience, your technique, your equipment, how tired you are, or how you feel today. Only you — and a professional who can actually examine you — can judge what is safe for you.
You are solely responsible for:
If your health, fitness or strength changes, it is your responsibility to decide whether to carry on exercising, and to seek advice if you are unsure.
Steps, distance, active energy, heart rate, pace, elevation and similar figures are estimates produced by consumer sensors on your device or on devices and apps connected to it, or are read from Apple Health or Android Health Connect. They originate outside FitLiftPro. We display them; we do not generate, validate or verify them.
Their accuracy is not intended to match that of medical or scientific instruments, and they can be wrong. Do not rely on them for any health, medical or safety decision.
FitLiftPro records weight, body measurements and photographs because many people find that useful. For some people, tracking these things closely can become distressing or compulsive. If your training or your tracking is starting to feel like something you cannot stop, or you are struggling with food or with how you feel about your body, please talk to your doctor or a support organisation. You can delete this data, or your whole account, at any time — see section 20.
9.1 FitLiftPro is a general fitness and wellness product. It is not a medical device and is not intended to diagnose, treat, cure, monitor, predict or prevent any disease, illness, injury, metabolic or musculoskeletal condition, or other health problem.
9.2 Everything the app shows you is a record of information you entered, or that you permitted us to read from your device, together with arithmetic performed on it. Those are not clinical measurements and they are not medical findings.
9.3 Nothing in the Service should be relied on for any clinical purpose, and no result, chart or figure it displays is a substitute for examination, testing or advice by a qualified professional.
When you start a walk, the app records your device's precise location continuously until you stop the walk. So that you get a complete route rather than a broken line, this recording continues while the app is in the background, while you are using other apps, and while your screen is off or your phone is locked or in your pocket. That is what the feature is for, and we would rather say so plainly than have you discover it later.
This happens only during a walk that you have started. The app does not record your location at other times, does not track you in the background when no walk is running, and does not build a picture of your movements outside the walks you chose to record.
Your device will show an indicator while location is being used. You can withdraw location permission at any time in your device settings — walk tracking will then stop working, but the rest of the app carries on as normal. Recording your location continuously also uses noticeably more battery.
We never use your location for advertising, marketing or profiling. We do not publish your routes, share them with other users, or contribute them to any public map or heatmap. Our Privacy Policy explains what we do with location data.
Satellite positioning is not exact. Accuracy degrades between tall buildings, indoors, under tree cover, in poor weather and when your device is obstructed. Routes, distances, pace and elevation derived from it are estimates and should not be relied on where accuracy matters.
FitLiftPro is not a navigation aid and must not be relied on for navigation or for your safety.
You are responsible for your own safety when you are out walking. In particular:
A path or track shown on a map may not exist, may not be public, may not be passable, and may not be safe. Map data can be incomplete, out of date or simply wrong. Please use your own judgement about what is in front of you rather than what is on the screen.
11.1 Maps shown in the app are built from data contributed by OpenStreetMap contributors and made available under the Open Database Licence (ODbL), and are served to the app as map tiles by Stadia Maps.
11.2 The required credits are shown on or beside the map in the app, or behind the map's information control. You can find out more about the data and its licence at openstreetmap.org/copyright.
11.3 Those credits are a condition of the licence under which we are permitted to show you maps at all. You must not remove, obscure, alter or interfere with them, or with any other third-party notice displayed in the app.
11.4 You must not extract, scrape, bulk-download, redistribute or resell map tiles or map data obtained through the app, use them to build a competing database or product, or access them other than through the app in the ordinary way.
11.5 The walking routes you record belong to you. We do not contribute them to OpenStreetMap and we do not publish them.
11.6 Map data and imagery are provided by third parties. We do not create it, we cannot correct it, and we do not warrant that it is accurate, complete or current. See section 10.3.
12.1 Exercise demonstration videos in the app are hosted by YouTube and played through YouTube's embedded player. YouTube is operated by Google.
12.2 When you choose to play a video, you are using a Google service, and Google's own Terms of Service and Privacy Policy apply to that use, in addition to these terms. Our Privacy Policy explains what this means for your information. FitLiftPro shows no advertising of its own anywhere in the app.
We do not make or check these videos. They are third-party content that we did not produce, commission, supervise, endorse or verify. The fact that a video appears in FitLiftPro does not mean we have reviewed it, that it is correct, or that the exercise or technique shown is safe or suitable for you. You must judge that for yourself, and follow anything you see at your own risk. See section 8.
12.3 Videos may be changed, made private or removed by whoever uploaded them, or by YouTube, at any time and without notice to us.
12.4 You must not download, copy, re-record, redistribute or separate the videos from the player, interfere with the player or its controls, or remove or obscure any YouTube branding or notice.
13.1 Your content stays yours. Everything you put into FitLiftPro — your workouts, sets and weights, body measurements, notes, progress photographs, custom exercises and recorded walks — belongs to you. We do not claim ownership of any of it.
13.2 The permission we need, and nothing more. To run the Service we need your permission to handle your content. You give us a non-exclusive, royalty-free, revocable licence to store your content, synchronise it between your devices, copy it for backup and disaster recovery, make the technical adjustments needed to handle it (such as resizing, compressing or generating thumbnails of images), and display it back to you in the app.
That licence is granted solely for the purpose of providing the Service to you, and it ends when you delete the content or your account — subject only to the short period it takes for routine encrypted backups to expire in the ordinary course.
What we will not do with your content. FitLiftPro is not a public platform. Your content is private to your account. We do not publish it, we do not make it available to other users, we do not sell or license it to anyone, we do not use it in advertising or marketing, and we do not use it to train machine-learning or artificial-intelligence models. We take no perpetual or irrevocable rights over anything you upload. This matters most for progress photographs, and we have deliberately written this clause as narrowly as the Service allows.
13.3 What you promise us about your content. You confirm that you have the right to upload what you upload; that it does not infringe anyone else's rights or break any law; and that any photograph you upload showing another identifiable person has that person's consent.
13.4 We do not routinely look at your content. We do not monitor, review or analyse your private content as a matter of course, and we have no obligation to do so. We may access, remove or disable content where we are required to by law, where it is reported to us and appears unlawful, or where it is necessary to investigate a serious breach of these terms, to protect someone from harm, or to keep the Service secure. If we do have to remove something, we will tell you where we are permitted to.
When you use FitLiftPro you must comply with these rules and with all laws that apply to you. We have grouped them by who gets hurt if they are broken.
14.4 We may act where these rules are broken — see section 20.3. If we do not enforce a rule on one occasion, that does not mean we have given up the right to enforce it later.
15.1 The Service, and everything in it apart from your own content and third-party content, belongs to us or to our licensors. That includes the app and its software, the FitLiftPro name and logo, the design and look of the app and website, the text and images we wrote, and our exercise library — its descriptions, structure, categorisation and the database rights in it.
15.2 Nothing in these terms transfers any of that to you. You may not use our name, logo or branding without our written permission.
15.3 Trade marks and other rights belonging to third parties and shown in the app — including those of YouTube, Google, Apple, OpenStreetMap and Stadia Maps — belong to their owners, and nothing here gives you any right in them.
15.4 If you think we have infringed your rights, please write to support@fitliftpro.com with enough detail for us to act: what the work is, where in the Service it appears, your contact details, and a statement that you believe in good faith that the use is not authorised. We will investigate, and we may remove content and close the accounts of people who repeatedly infringe.
15.5 Feedback. If you send us suggestions or ideas about the Service, we may use them without any obligation to you. Please do not send us anything you consider confidential.
16.1 FitLiftPro relies on services operated by other companies. The main ones are:
| Service | What it does for FitLiftPro |
|---|---|
| Apple App Store / Google Play | Distribute the app and sell subscriptions |
| RevenueCat | Tells the app whether you hold an active subscription |
| Apple Health / Android Health Connect | Provide step and activity data, if you allow it |
| YouTube (Google) | Hosts and plays the exercise demonstration videos |
| OpenStreetMap / Stadia Maps | Provide map data and map tiles |
| Open-Meteo | Provides weather information for a completed walk |
| Amazon Web Services | Hosts our servers and stores your synchronised data |
16.2 These are provided by third parties on their own terms. We do not control them, we are not responsible for them, and including them in the app is a convenience, not an endorsement. We suggest you read their terms and privacy policies. Our Privacy Policy explains what information reaches them.
16.3 If one of these services changes, becomes unavailable, or stops operating, the FitLiftPro features that depend on it may change or stop working. See section 19.2.
17.1 If you are signed in, your data is stored on our servers so that it can be synchronised between your devices and so that you do not lose your history when you change phone. We take reasonable care to store it securely and we do keep backups.
Please keep your own copy of anything you cannot bear to lose. No online service can guarantee against loss or corruption of data, and we do not — see paragraph 23.4a, which sets out the limits of our liability for data loss and the things it does not affect. Progress photographs deserve particular thought: a missing set of repetitions is an annoyance, but a lost photographic record of two years cannot be recreated. You can export your data from the app. Please do it periodically and keep the copy somewhere else.
17.2 Sync is synchronisation, not an archive. It keeps your devices in step with each other; it is not a backup service and not a guaranteed permanent archive. If you delete something on one device, sync will normally remove it everywhere. Editing on more than one device while offline, or losing connectivity part-way through, can cause conflicts and can result in entries being lost.
17.3 Signing out removes the local copy of your data from that device. Deleting the app does not delete your account or the data held on our servers — to do that, use the deletion process in section 20.2.
18.1 FitLiftPro does not upload diagnostic logs silently. We do not run background telemetry that sends us information about how you use the app.
18.2 If something goes wrong, you can choose to send us a report. Before anything is sent, the app tells you what the report contains. Nothing is transmitted unless you confirm it for that particular report — agreeing once does not switch on any ongoing reporting.
18.3 A report may include your device model, operating system version, app version, error details and a record of what the app was doing when the problem happened. It excludes your progress photographs, and excludes your measurements, weights, repetitions and location coordinates.
18.4 We use reports only to diagnose and fix the problem, and we keep them no longer than we need for that. If you contact us for support, we use what you write, and anything you attach, to answer you.
19.1 We work to keep the Service available, but we cannot promise it will always be available or uninterrupted. It may be unavailable for maintenance, for updates, because of a fault, or because something outside our control has gone wrong.
19.2 We may change the Service — adding, altering or removing features — to improve it, to fix problems, for security reasons, to comply with the law, or because a third-party service we depend on has changed or ended. Routine improvements, updates and bug fixes will not be announced in advance.
19.3 If we permanently withdraw a significant paid feature, or discontinue the Service altogether, we will give you reasonable notice where we can, and you may cancel and receive a refund of the unused part of your subscription. We may act without notice where we must do so urgently — for security, to comply with the law, or to prevent abuse or harm.
19.4 We may require you to install an update in order to keep using the Service, and we may stop supporting older versions of the app.
19.5 Some features are not available everywhere, and we may make the Service, or parts of it, unavailable in particular countries or regions.
You can stop using FitLiftPro at any time. To end your subscription, cancel it in your App Store or Google Play account (see section 6.3). To close your account and delete your data, use the deletion process below.
You can delete your account from inside the app (More → Delete my data → Delete my account) or at fitliftpro.com/delete-account.
Deletion does not happen instantly, and that is deliberate. Your account stays usable for 30 days, we remind you during that period, and you can cancel the deletion at any point in those 30 days. After 30 days your account and the data in it are permanently deleted and cannot be recovered. Full details, including exactly what is and is not removed, are in our Privacy Policy.
The delay exists so that a deletion nobody intended can be stopped before it becomes permanent — most obviously if someone else reaches your account. During those 30 days:
We show the warning in the app on every launch, rather than once, on purpose. Someone who has taken over your email can delete our messages; they cannot stop the notice appearing on your own phone.
When an account is deleted we keep a small, separate record of the deletion itself, in storage that cannot afterwards be altered or erased by anyone — including us. We keep it for 10 years.
That record contains: your account identifier; that a deletion was requested and from where (the app or the website); the deadline; the dates we sent each notification and whether the mail server accepted it; the dates the in-app warning was displayed; whether the deletion was cancelled; the date it was carried out; and how many items of each kind were removed.
It does not contain your name, your email address, any workout, walk, measurement, weight or photograph, or any location. Your email address is stored only as a one-way cryptographic fingerprint, which lets us confirm that a notice went to a particular address if you ever ask, but cannot be read or reversed back into an address.
We keep it under Article 17(3)(e) of the UK GDPR, which permits retaining data where it is necessary to establish, exercise or defend legal claims. It is there so that if a deletion is ever disputed, both sides can see what actually happened and when — which protects you as much as it protects us. It is also the reason we cannot delete it on request: erasing the evidence of a deletion at the request of the person disputing it would defeat its only purpose. It is described in the same terms in our Privacy Policy.
What that record does, and does not, show. It shows that a request was made from a signed-in session, that we warned the account holder repeatedly through two separate channels, and that nobody cancelled. It does not show who was at the keyboard. We have no way of proving that, and we do not claim to — which is precisely why you get 30 days and repeated warnings rather than a confirmation box. If you receive a deletion email you did not expect, click the cancel link in it, then change your password immediately.
Deleting your account does not cancel your subscription. Your subscription is held by Apple or Google, not by us, and we cannot cancel it for you. If you do not cancel it in the App Store or Google Play, it will keep billing you. Please cancel it before, or at the same time as, deleting your account.
We may suspend or end your access to the Service if:
20.4 Where the problem can be put right, we will warn you and give you a reasonable opportunity to put it right before we end your access. We may act immediately, without prior warning, only where the matter is serious — for example unlawful activity, a security risk, a risk of harm to someone, or where the law requires it.
20.5 If you think we have got it wrong, tell us at support@fitliftpro.com. We will review the decision and restore your access if we made a mistake.
20.6 If we end your access for a reason that is not your fault, we will refund the unused part of your subscription. If we end it because of your breach, we will not.
20.7 We do not delete accounts merely for being inactive. If that ever changes, we will give you clear advance notice by email and a chance to keep your account.
20.8 When this agreement ends, your right to use the Service ends. Sections that by their nature should continue will do so — including sections 8, 9, 13.3, 15, 17.2, 20.2b, 22, 23, 24, 25, 27 and 29.
Nothing you record in FitLiftPro is visible to anyone but you.
FitLiftPro is a single-user application. There is no feed, no friends list, no followers, no leaderboard, no comments, no public profile, no sharing and no messaging. We do not provide any way for one user to see another user's workouts, measurements, photographs, routes or activity, and we do not provide any way for users to contact each other through the app.
This is a deliberate characteristic of the product rather than a stage it is passing through. Section 13 sets out the narrow permission you give us over your content, and section 9 of our Privacy Policy explains that we never publish it, sell it, or make it available to other users.
Should we ever change this, we would not do it quietly: we would publish new terms, tell you before anything about your account changed, and ask for your agreement where the law requires it. You would never find that something you had already recorded had become visible to someone else.
22.1 We will provide the Service with reasonable care and skill.
22.2 Beyond that, we do not make specific promises about the Service. In particular, we do not promise that:
22.3 If you are a consumer, you have legal rights in relation to services that are not provided with reasonable care and skill, or that are not as described. Nothing in these terms affects those rights. You can find out more from your local consumer advice body; in the UK, Citizens Advice.
23.1 The things we never exclude. Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence, or by the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; or anything else that cannot lawfully be excluded or limited. Nothing in these terms affects your statutory rights as a consumer. The rest of this section is subject to this paragraph.
23.1a Two things the paragraphs below do not touch, so that it is clear. First, if the app damages your device or your other files or data and that happened because we failed to use reasonable care and skill, you have a remedy under section 46 of the Consumer Rights Act 2015, and nothing in these terms limits it. Second, nothing in these terms limits your rights under data protection law, including any right to compensation for damage caused by unlawful processing of your personal data. The limits on data loss set out below apply to loss we did not cause by our own breach or negligence.
23.2 We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or failing to use reasonable care and skill. We are not responsible for loss or damage that is not caused by our breach or our negligence, or that was not foreseeable.
23.3 We are not responsible for loss or damage that you could have avoided by taking reasonable steps — including following these terms, following the guidance in section 8 about your training and in section 10 about walking safely, and keeping your own copy of your data as described in section 17.
23.4 So far as the law allows, we are not liable for: indirect or consequential loss; loss of profit, revenue, business, opportunity or goodwill; or loss or corruption of data beyond what section 17 describes. We are also not liable for the acts or omissions of third parties, or for third-party services and content described in sections 11, 12 and 16.
Subject always to paragraphs 23.1 and 23.1a, we are not liable for the loss, deletion, corruption or unavailability of your data. That includes workouts, walks, routes, measurements, weights, custom exercises, settings and progress photographs, and it applies however the loss arises — including through a device being lost, damaged, replaced or reset; the app being uninstalled; you signing out; a sync conflict; a failure of an app store, an operating system, a network or a cloud provider; or your account being closed or deleted.
This is why section 17 asks you to keep your own copy. We take reasonable care and we do keep backups, but no online service can guarantee your data against loss, and we do not. Export your data periodically and keep the copy somewhere else. Photographs deserve particular thought: a missing set of repetitions is an annoyance, a lost photographic record of two years cannot be recreated.
This paragraph does not apply where the loss was caused by our own breach of this agreement or our own failure to use reasonable care and skill. In those cases paragraph 23.2 applies instead, and paragraph 23.1a is unaffected.
Subject always to paragraphs 23.1 and 23.1a, we are not liable for anything done by someone who gains access to your account using your sign-in details — whether those are your FitLiftPro password or the Google or Apple account you sign in with, and whether they obtained them by guessing them, by reusing a password exposed in someone else's breach, from an unlocked or shared device, by deception, or because they were given them.
That applies to everything such a person can do while signed in, which is everything you can do: read and export your history; view, download or delete your progress photographs; alter or delete your entries; change your settings; and request the deletion of your account.
We cannot tell them apart from you. A session that authenticated with valid credentials is, to our systems, you. There is no check we could add at that point that would distinguish the two — which is why section 5.4 asks you to turn on two-factor authentication with Google or Apple, and why account deletion is delayed by 30 days with repeated warnings rather than confirmed with a dialog box.
This does not apply where the failure was ours. If someone reaches your account because of a security failure in our systems, a mistake by us, or our not using reasonable care and skill, this paragraph does not protect us and paragraph 23.2 applies. Nor does it affect your rights under data protection law, including any right to compensation for damage caused by a breach — see paragraph 23.1a. It also does not apply to anything that happens after you have told us your account is compromised and we have had a reasonable opportunity to act.
Please tell us immediately at support@fitliftpro.com if you think someone else has access to your account, and change your password — at Google or Apple if that is how you sign in — straight away.
Account deletion is permanent, it is irreversible, and we cannot undo it. The data is genuinely destroyed rather than hidden — there is no copy to restore from, and no amount of proving who you are will bring it back.
Subject always to paragraphs 23.1 and 23.1a, we are not liable for the loss of data resulting from the deletion of an account where the deletion was requested from a signed-in session on that account and completed after the 30-day period and the notifications described in section 20.2a. That is so whether or not the request came from you personally — including where someone else obtained access to your account or your email, as described in paragraph 23.4b — provided we carried out the safeguards in section 20.2a. We have no way of knowing who is at the keyboard of an authenticated session, which is why the safeguards are what they are.
Deletion is singled out here because it is the one action that cannot be reversed. Everything else in paragraph 23.4b can, at least in principle, be put right; this cannot, by anyone, at any price.
Nothing in this paragraph limits our liability where we failed: where the deletion was our error rather than a request made on the account, where we did not carry out the safeguards described in section 20.2a, where a cancellation you made was not acted on, or where we deleted data we should not have deleted. In those cases paragraph 23.2 applies.
You can protect yourself against all of this in about a minute. Turn on two-factor authentication with your sign-in provider, use an email address you alone control, act on any deletion email you were not expecting, and keep an exported copy of anything irreplaceable. The 30-day window and the repeated warnings exist to give you the chance to act; they cannot help someone who never sees them.
23.5 Subject to paragraph 23.1, our total liability to you in connection with the Service, however it arises, is limited to the greater of (a) the amount you paid us or paid for FitLiftPro subscriptions in the 12 months before the claim arose, or (b) £100.
23.6 We supply the Service for domestic and private use. If you use it for any commercial or business purpose we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.
24.1 If someone brings a claim against us because of something you did, you agree to cover the losses and reasonable costs we suffer as a result. This applies to claims arising from:
24.2 This applies only to the extent the claim results from your own act or omission, and not to the extent it results from our breach or our negligence. We will tell you promptly about any such claim, will not settle it without your agreement, and will give you a reasonable opportunity to be involved. Nothing here affects your rights as a consumer.
25.1 These terms, and any dispute arising out of or in connection with them, are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.
25.2 Your own country's consumer law still protects you. If you are a consumer, nothing in paragraph 25.1 deprives you of the protection of the mandatory rules of the law of the country where you habitually live, and you may be able to bring proceedings in your local courts where the law of your country gives you that right. Where the mandatory law of your country gives you greater rights than these terms do, that law applies. Nothing in these terms affects any mandatory consumer rights you have under your local law.
25.3 We would much rather sort a problem out directly. Please contact us at support@fitliftpro.com first and give us a fair chance to put it right — see section 30. Doing so does not stop you going to court, or to any dispute resolution or ombudsman scheme available to you.
25.4 We do not require you to take disputes to arbitration, and we do not ask you to give up any right to bring or take part in a group or representative claim.
26.1 By using the Service you confirm that you are not located in, and are not ordinarily resident in, any country or territory subject to comprehensive sanctions or embargo under the laws of the United Kingdom, the European Union, the United States or the United Nations; and that you are not named on any denied party, restricted party, sanctions or similar list maintained by any of them.
26.2 You must not use, export or re-export the app, or any content or technology in it, in breach of any applicable export control or sanctions law.
26.3 We may suspend or end your access if we reasonably believe this section is not, or is no longer, satisfied — see section 20.3.
27.1 These terms are provided in English. If we make a translation available, it is for convenience only, and the English version governs — except where the law of your country requires otherwise, in which case that law applies.
28.1 We may change these terms for a good reason. Those reasons are:
28.2 If a change materially affects your rights, we will give you at least 30 days' notice, by email or in the app, before it takes effect. We will say what is changing and when. Minor changes — corrections, clarifications and changes that only add new features — may take effect immediately, and we may also act sooner where we must for legal or security reasons.
28.3 If you do not agree to a change, you may stop using the Service and cancel your subscription before the change takes effect. If the change increases your obligations or reduces ours and you cancel because of it, we will refund the unused part of what you have paid.
28.4 If you carry on using the Service after the change takes effect, the updated terms apply.
29.1 The whole agreement. These terms and our Privacy Policy are the agreement between us about the Service, and replace anything said before. Nothing in this paragraph limits our responsibility for anything we said fraudulently.
29.2 If part of this does not work. If any part of these terms turns out to be unlawful or unenforceable, the rest continues to apply.
29.3 Not enforcing something is not giving it up. If we delay enforcing any part of these terms, or do not enforce it on one occasion, we can still enforce it later.
29.4 Transferring this agreement. We may transfer our rights and obligations under these terms to another organisation — for example if our business is reorganised or sold — provided this does not reduce your rights under them. We will tell you if this happens. You may not transfer your account or your rights under these terms to anyone else.
29.5 No third-party rights, except that Apple and Google may enforce these terms as described in section 7.4.
29.6 Events outside our control. We are not responsible for failing to do what we promised if it is caused by something outside our reasonable control, but we will let you know and do what we reasonably can to limit the effect.
29.7 Notices. We will contact you by email or through the app. You can contact us at support@fitliftpro.com.
If you are unhappy with the Service or with something we have done, please tell us at support@fitliftpro.com. Set out what happened and what you would like us to do. We will acknowledge your complaint, look into it properly, and give you a considered reply — normally within 14 days, and we will tell you if it is going to take longer.
If we cannot resolve it between us, you keep every right you have to take the matter further, including to a consumer body, an alternative dispute resolution scheme available to you, or the courts (see section 25). Complaints about how we handle your personal data are covered in our Privacy Policy.