Letsfit designs products and tools that help you to achieve your health and fitness goals and empower and inspire you to lead a healthier, more active life. These Terms of Service (“Terms”) apply to your access and use of the Letsfit Service. The “Letsfit Service” includes our devices and associated firmware, applications, software, websites, and services.
These Terms are an agreement between you and Letsfit LLC, 6601 NW 14th Street, Suite 3, Plantation, FL 33313. When the Terms mention “Letsfit”, “we”, “us” or “our”, they refer to the party to your agreement that provides you with the Letsfit Service.
You must accept these Terms to create a Letsfit account and to access or use the Letsfit Service. If you do not accept these Terms, do not create an account or use the Letsfit Service.
2. Use Of The Letsfit Service
You may only connect to the Letsfit Service using:
(i) a device that is manufactured, distributed, and sold to you by Letsfit itself or by its authorized resellers or agents;
(ii) our mobile applications and software, or approved third-party applications or software; or
(iii) our websites (“Authorized Connections”).
You may not connect to the Letsfit Service with any device that is not manufactured, distributed, and sold to you by Letsfit itself or by its authorized resellers or agents, that is a counterfeit version or otherwise intends to resemble or purports to be a Letsfit device; or with any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Letsfit Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact firstname.lastname@example.org.
3. Creating An Account
Full use of the Letsfit Service requires that you create an account by providing us with information including your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account and Letsfit is not liable for any losses or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact email@example.com if you discover or suspect any security breach related to the Letsfit Service or your account.
You will be required to enter your birth date into our age verification system prior to creating an account. Children under the age of 13 are not permitted to create an account or use the Letsfit Service.
4. Necessary Equipment
Access to the Letsfit Service is dependent upon your use of a computer with adequate browser software or a supported mobile device, as well as Internet access. The maintenance and security of your equipment may influence the performance of the Letsfit Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Some Service content may be limited or unavailable on certain devices.
5. Posting Your Content On The Letsfit Service
Letsfit may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via the Letsfit Service. You retain all rights to Your Content that you post to the Letsfit Service. By making Your Content available on or through the Letsfit Service you hereby grant to Letsfit a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the Letsfit Service, and your use of the Letsfit Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Letsfit Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Letsfit Service, or which may expose us or our users to any harm or liability of any type.
Letsfit may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Letsfit Service.
6. Letfit’s Rights
“Letsfit Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials (other than Your Content) that are posted, generated, provided, or otherwise made available through the Letsfit Service. Letsfit Content, the Letsfit Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights unless expressly stated otherwise in these Terms. You agree not to remove, change, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Letsfit Service. Our logos and any other Letsfit marks that may appear on the Letsfit Service, and the overall look and feel of the Letsfit Service, including page headers, graphics, icons, and scripts, may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Letsfit Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.
7. What You May And May Not Do On The Letsfit Service
Letsfit grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to (1) access and use the Letsfit Service, (2) access and view the Letsfit Content, (3) access and use the software and mobile applications provided by the Letsfit Service, and (4) use the software that is embedded into Letsfit devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any Letsfit Service or device. This license is provided solely for your personal, non-commercial use of the Letsfit Service as permitted in these Terms.
You agree not to use or modify in any way, for yourself or for others, the Letsfit Content, Letsfit Service, or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Letsfit or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Letsfit Service: (1) use, display, mirror, or frame the Letsfit Service or any individual element within the Letsfit Service, including the layout and design of any page; (2) use Letsfit’s name, any Letsfit trademark or logo, or any Letsfit proprietary information for any use whatsoever not permitted by these Terms; (3) access or tamper with non-public areas of the Letsfit Service, Letsfit’s computer systems, or the technical delivery systems of Letsfit’s providers; (4) test the vulnerability of any Letsfit system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Letsfit or any of Letsfit’s providers or any other third party (including another user) to protect the Letsfit Service; (6) access the Letsfit Service or Letsfit Content through the use of any mechanism other than through the use of an Authorized Connection, Letsfit Service, or Letsfit API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Letsfit provides to you or any other part of the Letsfit Service.
You are granted a limited, nonexclusive, and non-transferable right to create a text hyperlink to the Letsfit Service for non-commercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Letsfit’s sole discretion.
9. Our Enforcement Rights
We reserve the right (but are not required) to remove or disable access to the Letsfit Service, any Letsfit Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Letsfit Content, Your Content, or your use of the Letsfit Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Letsfit Service, and in response may take any action we may deem appropriate.
10. Use The Letsfit Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Letsfit Service, but we make no endorsement, representation, or warranty of any kind about any Letsfit Content, information, or services. The accuracy of the data collected and presented through the Letsfit Service will not and is not intended to match that of medical devices or scientific measurement devices. IF YOU RELY ON ANY LETSFIT CONTENT OR THE LETSFIT SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Letsfit Service. Letsfit Content and the Letsfit Service may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
Use of the Letsfit Service should not replace your good judgement, common sense, and the advice or direction of health and fitness professionals. Please read and comply with all safety notices that accompany your use of the Letsfit Service.
11. Consult Your Doctor Before Using The Letsfit Service
The Letsfit Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Letsfit Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Letsfit Service. If you engage in any exercise program you receive or learn about through the Letsfit Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
Prolonged contact with wearable devices may cause skin irritation or allergies in some users. To reduce irritation, follow our simple wear and care tips: (1) keep it clean, (2) keep it dry, (3) wear the band loosely enough, and (4) give your wrist a rest by removing the band for a while after extended wear. For more information visit www.letsfit.com/productcare. If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your hands or wrists while or after wearing the product, remove your device and please discontinue use immediately. If any symptoms persist longer than a few days after removing the device, consult your doctor.
Letsfit devices using Photoplethysmography technology have a heart rate tracking feature that may pose risks to users with certain health conditions. Consult your doctor prior to use of such devices if you (1) have a medical or heart condition, (2) are taking any medicine that may cause photosensitivity, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders.
12. DMCA/Copyright Policy
Letsfit respects the intellectual property of others and expects its users to do the same. It is Letsfit’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
13. Warranty Information
Letsfit’s Warranty Information applies to purchases of devices from Letsfit. Please click the link for more information.
14. Feedback And Submissions Policy
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction, attribution, or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Letsfit, or obtained from sources other than you.
15. Contests And Giveaways
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Letsfit or its partners. It is your responsibility to carefully review those terms and conditions.
16. Alerts And Notifications
As part of your use of the Letsfit Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Letsfit Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
17. Third-Party Services
18. Changes To The Letsfit Service
In our sole discretion, Letsfit may change or discontinue, temporarily or permanently, any feature, component, or content of the Letsfit Service at any time without notice, without liability to you or to any third party. We reserve the right to determine the timing and content of software updates, which you agree may be automatically downloaded and installed by Letsfit devices without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to any part or all of the Letsfit Service, or to revise these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove any or all information related to your account. You may close your account at any time by contacting firstname.lastname@example.org. Upon any termination of these Terms or suspension, termination, or discontinuation of the Letsfit Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 13, 14, 16, 17, 19, 20, 21, 22, 23, 24, and 25.
The Letsfit service And Letsfit content are provided “As is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim all express or implied warranties arising out of or related to these terms or the letsfit service, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, any any warranties arising out of course of dealing or usage of trade. We make no warranty that the Letsfit Service or Letsfit Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Letsfit Service or any Letsfit Content.
You agree to indemnify and hold harmless Letsfit and its officials, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable lawyers’ fees, arising out of or in any way connected with
(i) your access to or use of the Letsfit Service (including the posting by you or the reposting by us of anything defined above as “Your Content”),
(ii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or
(iii) your violation of any law or the rights of a third-party.
We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
22. Limitation Of Liability
Letsfit, it suppliers, licensors and any other party involved in creating, producing, or delivering the Letsfit service individually or collectively will not be liable for any of the following:
1. Incidental, special, exemplary, or consequential damages, including lost profits or income;
2. Loss of data or goodwill, service interruption, computer damage, or system failure;
3. The cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the Letsfit Service,
For any and all of the above limitations, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Letsfit has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Letsfit’s total liability arising out of or in connection with these terms or from the use of or inability to use the Letsfit service exceed, as applicable, the sum you have paid to Letsfit for use of the Letsfit service or, if you have not had any payment obligations to Letsfit, ten dollars ($10) or such other amount as may be required by law.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Letsfit and you.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
23. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The parties agree that any dispute between you and Letsfit arising out of or relating to these Terms, the Letsfit Service, or any other Letsfit products or services (collectively, “Disputes”) will be governed by the following dispute resolution provisions, which affect important legal rights and form an essential part of the consideration for this Agreement.
The parties agree that the substantive and procedural law of the State of Florida shall govern all disputes arising hereunder or related to the Agreement or the Services, notwithstanding the choice of law rules of Florida or any other forum.
Informal Dispute Resolution
We want to address your concerns without needing a formal legal case. Before filing a claim against Letsfit, you agree to try to resolve the Dispute informally by contacting email@example.com. We will try to resolve the Dispute informally by contacting you via email. If a dispute is not resolved within 15 days after submission, you or Letsfit may bring formal proceedings as provided in this section.
Formal Dispute Resolution
The parties hereby agree that in the event of any dispute arising hereunder or related to this Agreement or the Services that is not resolved by the informal dispute resolution process above, and as to which the amount in controversy is $8,000 or less, the correct and sole proper venue shall be the small claims court in Broward County, Florida, USA. (Nothing herein shall be construed to prevent an appeal to Florida’s Fourth District Court of Appeals or The Supreme Court of the State of Florida). The parties agree that if either party files any suit in any other venue, the other party will be entitled to dismissal, and to an award of attorney’s fees either in the action filed in violation of this provision or in any subsequent action in Florida.
The parties hereby agree that in the event of any dispute arising hereunder or related to this Agreement, or the Services, and as to which the amount in controversy exceeds $8,000, we both agree to binding arbitration under the arbitration procedures set out below.
Opt-out of Agreement to Arbitrate
You may decline this agreement to arbitrate by contacting optout@Letsfit.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, in Broward County, Florida, or any other location to which we agree.
The AAA Consumer Arbitration Rules will govern the amount and timing of all arbitration fees. Each party shall bear its own attorney’s fees and costs except as expressly provided otherwise herein or as required by the Consumer Arbitration Rules, or by law.
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Letsfit products or Letsfit Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Letsfit on an individual basis, and may not bring a claim as a plaintiff or a class member in a class (collective), consolidated, or representative action. Class arbitrations, class (collective) action lawsuits, private general lawsuits through a solicitor, and consolidation with other arbitrations are not allowed under these Terms.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Letsfit products or Letsfit Service must be filed within one (1) year after such claim or cause of action arose, Time Being Of The Essence, or else that claim or cause of action will be barred forever.
24. General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Letsfit and you regarding the Letsfit Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Letsfit and you regarding the Letsfit Service and Letsfit Content.
We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Services. Your use of the Letsfit Service after a modification becomes effective constitutes your agreement to the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Letsfit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Letsfit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Letsfit under these Terms, including those regarding modifications to these Terms, will be given:
(i) via email or
(ii) by posting to the Letsfit Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Letsfit’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Letsfit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
25. Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Please contact us if you have any questions about these terms.
You may contact us at firstname.lastname@example.org or at our postal address below.
6601 NW 14th St, Suite 3
Plantation FL 33313-4579
+855 296 9981