Terms of Service

1. Who can use Fittsy

You must be at least 13 years old. If you are under the age of majority where you live, you confirm that a parent or guardian has read and agreed to these terms, and where the law requires their consent for someone your age (for example, in Quebec for people under 14), that they have given it. You may not use Fittsy if you have been banned from it before, or if the law prohibits you from using it.

2. Your account

Use one account, give accurate information, and keep your sign-in details safe. You are responsible for what happens on your account. Tell us at hello@fittsy.ca if you think someone else has accessed it. You can delete your account at any time in Settings.

3. Your photos

You own the photos you post. To run Fittsy, you give us a non-exclusive, worldwide, royalty-free permission to store, process and display your photos to the people you choose, and to make the frames you ask for. This permission ends when you delete the photo or your account, except for copies the people you shared with saved themselves, or that you shared to other apps.

You promise that you have the right to post each photo, and that anyone else in it has agreed to it being shared with the people you send it to.

4. Community rules

Fittsy has zero tolerance for objectionable content and abusive users. Do not post or share:

• nudity or sexual content, and never any sexual content involving anyone under 18;
• harassment, bullying, threats, hate speech, or content that promotes violence or self-harm;
• photos of other people without their permission, or anything that invades someone's privacy;
• content that is illegal or infringes someone else's rights.

Also do not impersonate anyone, send spam, sell or transfer your account, collect other users' information, use bots or automated tools, or try to get around blocks, break, copy or reverse engineer the app or its security.

5. Reports, blocking and enforcement

Use the menu on any photo to report it or the person who posted it, or to block them. We review reports within 72 hours. We may remove content and suspend or delete accounts that break these terms, with or without notice, and we report content that sexually exploits a child, and other illegal content where required, to the authorities.

6. Sharing to other apps

You decide what leaves Fittsy. When you share a frame to another app, such as Instagram, TikTok or Snapchat, that app's terms apply to that copy, and we cannot remove it for you. A frame of the whole squad's day includes your friends' photos and names: share it only with their permission. You are responsible for what you share.

7. Fittsy's app and name

The Fittsy app, name, logo, frames and designs belong to us. We give you a personal, non-transferable permission to use the app for your own non-commercial use, under these terms. If you send us ideas or feedback, we may use them without owing you anything.

8. Changes and ending the service

Fittsy is in beta and features may change or stop working. We may update these terms; if a change is important, we will tell you in the app or by email before it takes effect, and continuing to use Fittsy after that means you accept it. You can stop using Fittsy and delete your account at any time. We may suspend or end your access if you break these terms, or stop offering Fittsy. Sections 3 (as to copies already shared), 7, 9, 10, 11, 12 and 13 continue after your account ends.

9. Disclaimers

Fittsy is provided "as is" and "as available", without warranties of any kind, to the extent the law allows. We do not promise that it will always be available, secure or free of errors, or that photos will never be lost, so keep your own copies of anything important. We are not responsible for what other users post or do, or for other apps you share to.

10. Limitation of liability

To the extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost data, profits or goodwill, arising from your use of Fittsy. Our total liability for any claim about Fittsy is limited to CAD $100. Some places do not allow these limits, so they may not all apply to you; nothing in these terms limits rights you have under consumer protection law that cannot be waived.

11. Your responsibility

To the extent the law allows, you agree to cover our reasonable costs and losses, including legal fees, from claims by others that arise from content you posted or shared, or from your breaking these terms.

12. Apple App Store

If you got Fittsy from Apple's App Store: these terms are between you and us, not Apple, and we, not Apple, are responsible for the app and its content. Apple has no obligation to provide maintenance or support. If the app fails to meet a warranty that applies by law, you may notify Apple, which may refund the purchase price (Fittsy is free), and to the extent the law allows, Apple has no other warranty obligation. We, not Apple, are responsible for handling any claims about the app, including product liability, legal or regulatory claims, consumer protection claims, and claims that the app infringes someone's intellectual property. You confirm that you are not in a country under a U.S. government embargo or on a U.S. government list of prohibited parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

13. Governing law and disputes

These terms are governed by the laws of Ontario and the federal laws of Canada that apply there. Disputes will be decided by the courts of Ontario, unless the consumer protection law where you live gives you the right to bring a claim in your local courts. Before bringing a claim, please contact us so we can try to resolve it.

14. General

These terms and our Privacy Policy are the whole agreement between you and us about Fittsy. If any part of them cannot be enforced, the rest still applies. If we don't enforce a part right away, we can still enforce it later. You may not transfer your rights under these terms; we may transfer ours if Fittsy is reorganized or acquired, including to a company we set up to run Fittsy.

15. Contact us

Questions about these terms: hello@fittsy.ca. Privacy questions: privacy@fittsy.ca.