Terms and Conditions of Use

Fitally

Last updated: September 2026

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PLATFORM. BY CREATING AN ACCOUNT, CHECKING THE ACCEPTANCE BOX, OR ACCESSING OR USING THE PLATFORM IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE PLATFORM.

1. Identity, acceptance, and nature of the agreement

1.1. The Fitally platform (the "Platform" or the "App") is operated by FITALLY S.A.S., identified with NIT 902080977-4, domiciled in Medellín, Antioquia, Colombia ("Fitally", "we", "our", or the "Company").

1.2. These Terms and Conditions of Use (the "Terms") form a legally binding agreement between the Company and the individual who accesses or uses the Platform (the "User" or "you").

1.3. Electronic acceptance. In accordance with Law 527 of 1999 (Colombia), accepting these Terms electronically — checking the "I accept the Terms and Conditions" box, creating an account, or using the Platform — has the same validity and binding force as a handwritten signature. The Company keeps a record of the accepted version and the date and time of acceptance.

1.4. These Terms are complemented by the Privacy Policy (available at /privacy), which is incorporated by reference and which the User should read before accepting. Purchases of the Premium Subscription are further governed by the Refund and Cancellation Policy.

2. Definitions

  • Platform / App: the Fitally mobile and web application, its website, APIs, dashboards, and all associated services provided by the Company.
  • User: the individual who registers for, accesses, or uses the Platform.
  • Account: the User's personal registration that enables access to the Platform.
  • User Content: any data, text, photo, food log, routine, comment, or material that the User uploads, posts, or generates on the Platform.
  • Premium Subscription: the paid plan that unlocks the additional features described in Section 7.
  • Health Data: information relating to body weight, nutrition, physical activity, measurements, and other sensitive personal data that the User records or connects to the Platform.
  • AI Features: Platform functionalities based on artificial intelligence, including nutritional estimates, photo-based food recognition, and the conversational assistant/coach.

3. Purpose and description of the service

3.1. Fitally is a nutrition and fitness tracking tool that allows, among other functions, calorie counting and food logging, hydration logging, routine creation and workout logging, and additional features the Company may add (for example, weight logging, recipes, statistics, an AI assistant, social features, and integration with health devices or platforms).

3.2. Fitally is an informational and personal-tracking tool. It is not a medical device, a healthcare service, or a substitute for professional advice. The scope and nature of the Platform are detailed in Section 5 (Health notice) and Section 6 (AI Features).

3.3. The Company may modify, add to, or discontinue Platform features at any time. Where a change materially affects features included in a Premium Subscription, the User will be informed in accordance with Section 7.

4. Eligibility and account registration

4.1. Minimum age. The Platform is intended for individuals aged sixteen (16) or older. By accepting these Terms, the User represents that they are at least 16 years old. Registration requires a date of birth, and the Platform rejects anyone who declares a lower age. The Platform is not directed to children under 16, and the Company does not knowingly collect their data. Minors who use the Platform represent that they do so with the authorization and supervision of their parents or legal guardians.

4.2. Accurate information. The User agrees to provide truthful, accurate, and current information when registering and to keep it up to date.

4.3. Account security. The User is responsible for keeping their credentials confidential and for all activity under their Account. The User must notify the Company immediately of any unauthorized use at support@fitally.mobile.

4.4. Personal account. The Account is personal and non-transferable. Creating accounts with false data or impersonating third parties is prohibited.

5. Health notice, disclaimer, and assumption of risk

THIS SECTION IS ESSENTIAL. READ IT CAREFULLY.

5.1. Not medical or nutritional advice. All information, calorie and macronutrient calculations, goals, routines, recommendations, and content on the Platform are for informational and personal-tracking purposes only. They do not constitute medical advice, diagnosis, treatment, dietary prescription, or professional health recommendation, and are not a substitute for consulting a physician, nutritionist, dietitian, certified trainer, or other health professional.

5.2. Consult a professional before starting. The User should consult a qualified health professional before beginning any exercise program, eating plan, fast, or significant change in physical activity or nutrition — especially if pregnant, breastfeeding, a minor, an older adult, or if they have or suspect any medical condition (cardiovascular, metabolic, eating-related, injuries, or other).

5.3. Assumption of risk in physical activity. Physical activity carries inherent risks, including injury and, in extreme cases, serious health events. The User acknowledges and voluntarily assumes those risks and is solely responsible for performing exercises safely and within their abilities. If the User experiences pain, dizziness, difficulty breathing, or other discomfort, they should stop and seek professional care.

5.4. Eating-related safety. Calorie and macronutrient goals are general estimates and may not be appropriate for everyone. The Platform is not designed to treat eating disorders. If the User has or is at risk of an eating disorder, they should refrain from using the counting features and seek professional help.

5.5. Not for emergencies. The Platform does not provide emergency services. In a health emergency, contact your local emergency number (in Colombia, 123) or go to the nearest emergency service.

5.6. To the maximum extent permitted by applicable law, the Company is not liable for health, nutrition, or exercise decisions the User makes based on information from the Platform.

6. Artificial intelligence (AI) features

6.1. The Platform may offer AI-based features, such as calorie and nutrient estimation, photo-based food recognition, and a conversational assistant or "coach." These features may rely on third-party AI model providers.

6.2. AI outputs and estimates are approximate and may contain errors. They are not exact, are not guaranteed, and do not constitute professional medical, nutritional, or training advice. The User should verify relevant information and use their own judgment; the warnings in Section 5 fully apply to the AI Features.

6.3. Third-party processing. To provide the AI Features, certain User Content (for example, food images or queries) may be transmitted to and processed by third-party providers. The processing of personal data is governed by the Privacy Policy.

6.4. AI Features may be subject to usage limits, particularly for free-plan Users.

7. Subscriptions, pricing, renewal, and refunds

7.1. Plans. The Platform offers a free plan and a paid Premium Subscription that unlocks additional features. Premium features remain visible to free-plan Users, indicating that they require a subscription.

7.2. Pricing and term. Current prices, periods (e.g., monthly or annual), and benefits are shown within the Platform at the time of purchase. Prices are stated in United States dollars (USD) and applicable taxes are added under current regulations. The Company may change prices prospectively; changes do not affect the already-paid period and will be communicated before renewal.

7.3. Automatic renewal. Unless stated otherwise at purchase, subscriptions renew automatically at the end of each period for an equivalent period at the current price, until the User cancels. The User authorizes the corresponding recurring charge.

7.4. Cancellation. The User may cancel renewal at any time; cancellation takes effect at the end of the current period, and the User retains Premium access until then. The unused portion of a period already started is not refunded, except where required by law or where the guarantee in paragraph 7.6 applies.

7.5. Purchases through app stores (App Store / Google Play). When the subscription is purchased through the Apple App Store or Google Play, billing, renewals, cancellations, and refunds are governed by the respective store's policies and must be managed through the User's account with that store. The Company does not directly process those payments or refunds.

7.6. Direct (web) purchases. When the subscription is purchased directly through the Platform (web channel), payment is processed by our Merchant of Record and the following rules apply:

  • Right of withdrawal (Art. 47): for distance sales, the User may exercise the right of withdrawal within five (5) business days of entering into the contract, subject to legal exceptions (including digital services or content whose provision has begun with the User's express consent and waiver of this right). Where withdrawal applies, amounts are refunded in accordance with the law.
  • Payment reversal (Art. 51): in the cases provided by law, the User may request reversal of a payment made by electronic means.
  • Voluntary fourteen (14) day guarantee: in addition to the statutory rights above, the Company refunds the first payment for a new subscription if the User requests it within fourteen (14) calendar days of that payment. This guarantee does not cover renewals.

7.7. Refund and Cancellation Policy. The detailed billing, cancellation, and refund conditions — deadlines, procedure, exceptions, and the identity of the Merchant of Record — are set out in the Refund and Cancellation Policy, which is incorporated by reference into these Terms. In the event of any discrepancy between this Section 7 and that Policy on billing and refunds, the Refund and Cancellation Policy prevails.

7.8. For web-channel refund requests or billing questions, the User may write to support@fitally.mobile.

8. User Content and conduct

8.1. Ownership. The User retains ownership of their User Content.

8.2. License. By uploading or posting User Content, the User grants the Company a worldwide, non-exclusive, royalty-free, revocable license to host, store, reproduce, adapt, and display that content solely to operate and provide the Platform (for example, to show the User their logs, or to share them if the User uses social features). This license ends when the User deletes the content or their Account, except for backups or where retention is required by law.

8.3. Social features. If the Platform offers features to share content (for example, meals or workouts), the User is responsible for what they choose to make public. Do not share information you do not wish to disclose.

8.4. Prohibited conduct. The User agrees not to:

  • post unlawful, defamatory, misleading, offensive, hateful content, or content promoting health-dangerous behavior;
  • infringe third parties' intellectual property or privacy rights;
  • upload content they do not own or are not authorized to use;
  • promote dangerous or illegal products, diets, or substances;
  • harass, impersonate, or harm other Users.

8.5. Moderation. The Company may review, restrict, or remove User Content that breaches these Terms or the law, and suspend or terminate repeat-offender Accounts, in accordance with Section 14.

9. Intellectual property

9.1. The Platform, its software, code, design, the "Fitally" brand, logos, interfaces, text, and other elements are owned by the Company or its licensors and are protected by intellectual property laws.

9.2. The Company grants the User a limited, personal, non-exclusive, non-transferable, revocable license to use the Platform in accordance with these Terms. The User may not copy, modify, decompile, reverse-engineer, resell, or exploit the Platform except to the extent permitted by law.

10. Third-party services and data

10.1. The Platform integrates third-party services, including nutrition and exercise data providers, AI model providers, payment processors, the app stores, and, where applicable, health platforms or devices (for example, activity data from connected devices).

10.2. Use of third-party services may be subject to those third parties' terms and policies. The Company is not responsible for the availability, accuracy, or practices of third-party services, without prejudice to the Company's obligations under the law.

10.3. Data from third parties (for example, nutritional or exercise values) may contain inaccuracies; the warnings in Sections 5 and 6 apply.

11. Privacy and personal data protection

11.1. The processing of the User's personal data is governed by the Privacy Policy and by Law 1581 of 2012 (Colombia), its implementing decrees, and other applicable data protection regulations.

11.2. The User acknowledges that Health Data (weight, nutrition, physical activity, and similar) is sensitive data and that, by recording or connecting it, the User authorizes its processing for the purposes described in the Privacy Policy. The User may exercise their rights of access, update, rectification, and deletion, and revoke authorization, in accordance with that policy and before the Superintendence of Industry and Commerce (SIC).

12. Prohibited uses of the Platform

In addition to Section 8, the User agrees not to:

  • use the Platform for unlawful or unauthorized purposes, or contrary to these Terms or the law;
  • attempt to access systems, accounts, or data of others without authorization;
  • introduce malicious software, or interfere with or overload the Platform's infrastructure;
  • scrape data in an automated manner without authorization;
  • use the Platform to impersonate the Company or third parties.

13. Availability, service modifications, and warranties

13.1. Availability. The Company strives to keep the Platform available but does not guarantee uninterrupted, error-free, or secure operation at all times. The Platform may experience interruptions due to maintenance, technical failures, or causes beyond the Company's control.

13.2. "As is" provision. To the maximum extent permitted by applicable law, the Platform is provided "as is" and "as available," without implied warranties of merchantability, fitness for a particular purpose, or non-infringement. None of the foregoing excludes or limits the non-waivable rights granted to the User under consumer law.

14. Suspension and termination

14.1. The User may stop using the Platform and delete their Account at any time, from Settings → Delete account in the app or on the web, following the steps published at Account and Data Deletion. No request to the Company is required.

14.1.1. Deleting the Account is immediate and irreversible. It permanently removes the Account and the content associated with it, including workouts, logs, recipes, uploaded images, and any posts, comments, and reactions shared with other Users, which cease to be visible to them. The Company cannot restore a deleted Account or its content. What is deleted and what is retained is described in Section 13 of the Privacy Policy.

14.2. The Company may suspend or terminate the User's access, in whole or in part, where: (i) the User breaches these Terms or the law; (ii) their conduct poses a risk to other Users, third parties, or the Platform; or (iii) it is necessary for legal or security reasons. Except where the law or urgency prevents it, the Company will endeavor to give prior notice.

14.3. Termination does not affect obligations already accrued. Provisions that by their nature should survive (intellectual property, limitation of liability, indemnity, governing law) will continue in effect after termination.

15. Limitation of liability

15.1. To the maximum extent permitted by applicable law, the Company is not liable for indirect, incidental, special damages, or lost profits arising from the use of or inability to use the Platform.

15.2. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law, including liability arising from willful misconduct or gross negligence, nor the non-waivable consumer rights recognized by the Consumer Statute.

15.3. To the extent permitted by law, the Company's total aggregate liability to the User for claims relating to the Platform shall not exceed the greater of (i) the amounts actually paid by the User to the Company in the twelve (12) months preceding the event giving rise to the claim, or (ii) the amount provided by applicable law.

16. Indemnity

To the extent permitted by law, the User will hold the Company harmless from third-party claims arising from (i) their breach of these Terms or the law, (ii) their User Content, or (iii) misuse of the Platform. This obligation does not apply where the harm is attributable to the Company.

17. Changes to these Terms

17.1. The Company may modify these Terms to reflect changes in the Platform, the law, or its practices. The version in force is the one published on this page, identified by its last-updated date.

17.2. Where changes are material, the Company will inform the User by reasonable means (for example, within the Platform). If the version accepted by the User is older than the current one, the User will be asked to accept the Terms again to continue using the Platform. Continued use after the changes take effect constitutes acceptance of the updated version.

18. Governing law and dispute resolution

18.1. Governing law. These Terms are governed by the laws of the Republic of Colombia.

18.2. Prior amicable resolution (PQR). Before initiating any action, the User agrees to submit their petition, complaint, or claim to support@fitally.mobile. The Company will endeavor to resolve it in good faith within a reasonable time.

18.3. Jurisdiction. If no solution is reached, disputes will be submitted to the competent courts and tribunals of Colombia, in accordance with applicable jurisdiction rules.

18.4. Consumer rights. Nothing in this section limits the consumer User's right to turn to the Superintendence of Industry and Commerce (SIC) or competent authorities to enforce the rights granted by the Consumer Statute. No mandatory arbitration is required, and no waiver is made of actions the law grants to the consumer.

19. Miscellaneous

19.1. Controlling language. These Terms are published in Spanish and English. In case of discrepancy, the Spanish version prevails.

19.2. Force majeure. The Company is not liable for breaches or delays caused by events beyond its reasonable control (force majeure or fortuitous event), including failures of infrastructure or telecommunications providers, cyberattacks, acts of authority, or disasters.

19.3. Assignment. The User may not assign these Terms without the Company's authorization. The Company may assign them in connection with a reorganization or transfer of its business, with the User retaining their rights.

19.4. Severability. If any provision is held invalid or unenforceable, the remaining provisions will continue in effect.

19.5. No waiver. The Company's forbearance or failure to exercise a right does not constitute a waiver of it.

19.6. Entire agreement. These Terms, together with the Privacy Policy, the Refund and Cancellation Policy, and the specific terms of each feature or purchase, constitute the entire agreement between the parties regarding use of the Platform.

20. Contact

For any inquiry, petition, complaint, or claim relating to these Terms or the Platform:

FITALLY S.A.S.
Medellín, Antioquia, Colombia
Email: support@fitally.mobile

21. Electronic acknowledgment and acceptance

BY CHECKING THE ACCEPTANCE BOX, CREATING AN ACCOUNT, OR USING THE PLATFORM, THE USER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, AND AGREES TO BE LEGALLY BOUND BY THEM.