1. About these terms
These terms apply to the FitAir Android app and the fitair.app website (together, “FitAir”), made by Nexvyn and Surendar Singh (“we”, “us”). By installing or using FitAir you agree to them. If you don’t agree, please don’t use FitAir.
How FitAir handles your data is described in our privacy policy, which forms part of these terms.
2. Who can use FitAir
FitAir is intended for adults. You must be at least 18, or the age of majority where you live, to use it.
3. Not medical advice
FitAir is not a medical device. Recovery, Sleep, Strain, stress, energy, sleep plans, insights and every other number in the app are estimates for general wellness and fitness. They are worked out from data recorded by your wearable, which can be incomplete or inaccurate, and they do not diagnose, treat, cure or prevent any disease or condition.
Don’t use FitAir to make medical decisions, and don’t delay or ignore professional medical advice because of something it shows. Talk to a doctor before starting a new exercise programme, and get medical help right away if you feel unwell. If you think you may have a medical emergency, call your local emergency number.
4. Your licence to use FitAir
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use FitAir on devices you own or control, for your own non-commercial use. FitAir is free; we don’t charge for it or sell anything in it.
You agree not to:
- copy, modify, sell, rent or redistribute FitAir, or publish it under another name;
- reverse engineer, decompile or disassemble it, except where the law allows this despite this restriction;
- remove or change any notices in it; or
- use it in any way that breaks the law or infringes anyone else’s rights.
5. Your data and devices
FitAir keeps your data only on your phone and doesn’t back it up. You’re responsible for your phone and for any data you want to keep. If you uninstall FitAir, clear its storage, or lose or reset your phone, the scores, journal and photo it kept are gone, and we can’t recover them. Data in Health Connect, including workouts FitAir saved there, is managed by Health Connect, not by us.
6. Other companies’ products
FitAir depends on products from other companies, including your Fitbit Air, the Google Health app, Health Connect, Google Play and Android. Those are governed by their own terms and privacy policies. We don’t control them and aren’t responsible for them, for their availability, or for the data they provide. A change to any of them may stop parts of FitAir from working.
FitAir is not made by, affiliated with or endorsed by Google or Fitbit. “Fitbit”, “Fitbit Air” and “Google Health” are trademarks of Google LLC, used here only to describe what FitAir works with.
7. Ownership
FitAir, including its design, code, scoring methods, text, graphics and the FitAir name and logo, belongs to us and is protected by intellectual property laws. These terms don’t give you any rights in it beyond the licence above.
If you send us feedback or suggestions, we may use them to improve FitAir without owing you anything for them.
8. Changes and availability
We may update FitAir, change or remove features, or stop offering it at any time. We don’t promise that FitAir will always be available, will work on every phone, or will be free of bugs or errors.
9. No warranty
FitAir is provided “as is” and “as available”. To the fullest extent the law allows, we make no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.
10. Limitation of liability
To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, health, profits or goodwill, arising from your use of, or inability to use, FitAir, even if we were told such loss was possible. Because FitAir is free, our total liability to you for any claim relating to it is limited to zero, or to the lowest amount the law allows if that is higher.
Nothing in these terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud, and nothing in them affects your statutory rights as a consumer.
11. Ending these terms
You can stop using FitAir at any time by uninstalling it. We may end your licence if you break these terms. Sections 3, 5, 6, 7, 9, 10 and 12 continue to apply after these terms end.
12. General
If any part of these terms is found to be unenforceable, the rest stays in effect. If we don’t enforce a right straight away, we haven’t given it up. These terms, together with the privacy policy, are the whole agreement between you and us about FitAir.
13. Changes to these terms
We may update these terms from time to time. We’ll post the new version on this page and update the date at the top. If you keep using FitAir after a change, you accept the updated terms.
14. Contact
Questions about these terms: support@fitair.app.