Terms of Service

 

 

Last Update: 18 September 2018

(You can find the earlier versions in our archive.)

Terms of Service

FITBIT PAY TERMS OF SERVICE

 

These Fitbit Pay Terms of Service (“Fitbit Pay Terms”) apply to your use of the Fitbit Pay service, which is part of the Fitbit Service. The Terms apply to your use of Fitbit Pay, and these Fitbit Pay Terms are incorporated into and a made a part of the Terms. All capitalised terms used in these Fitbit Pay Terms but not defined herein have the meanings provided in the Terms.

 

1. THE FITBIT PAY SERVICE

 

Fitbit Pay is a service offered by Fitbit that enables you to use a supported Fitbit device (a “Supported Device”) to complete transactions at compatible contactless terminals. If you have a Supported Device, you may store a virtual version of credit cards, debit cards, or other types of supported cards identified by Fitbit from time to time (each, a “Card”) on your Supported Device.

 

Fitbit Pay may be available only in select regions. In order to use Fitbit Pay, you must have a Card from a bank that supports Fitbit Pay. Participating banks may change over time and a bank may cease supporting Fitbit Pay without notice to you. The features of Fitbit Pay may vary depending on your region and bank. Click here for additional information on Fitbit Pay.

 

In order to use Fitbit Pay, you must have a Fitbit account, the Fitbit mobile app, a Supported Device, and a supported Card from a participating bank. To load a Card onto your Supported Device, you must first enter your Card information into the Fitbit mobile app; you will also be prompted to set a PIN number if you have not already done so. Once your Card has been verified as eligible for use with Fitbit Pay, you must sync to your Supported Device to enable use of your Card on your Supported Device. As part of adding a card to Fitbit Pay, you will accept any terms, conditions, and policies provided by your Card’s bank (“Bank Terms”), and such Bank Terms will apply to your use of the Card through Fitbit Pay in the same manner as any other transaction you complete using your Card.

 

2. LIMITATIONS

 

You agree to use Fitbit Pay in accordance with these Fitbit Pay Terms and the Terms, and in accordance with all applicable laws and regulations. You will not use Fitbit Pay for any fraudulent or unlawful purposes, and your use of Fitbit Pay will comply with Section 7 of the Terms, including but not limited to refraining from (i) circumventing any technological measure implemented by Fitbit or any of Fitbit’s providers or any other third party (including another user) to protect Fitbit Pay or (ii) accessing Fitbit Pay through the use of any mechanism other than as authorised under these Fitbit Pay Terms. If you make any modifications to your Fitbit device or to the Fitbit Pay service, Fitbit is not responsible for any liability or damages that may occur as a result of such modifications, including any unauthorised transactions that may result.

 

3. PRIVACY AND SECURITY

 

Your use of Fitbit Pay requires you to provide information to Fitbit, including information about your Card. All information collected by Fitbit as part of Fitbit Pay is subject to the Fitbit Privacy Policy. Using Fitbit Pay will require you to have used the Fitbit mobile app to set a PIN code for use on your Supported Device. While Fitbit implements measures to help protect your information, you are solely responsible for maintaining the secrecy of your PIN code and for maintaining possession of your Supported Device and mobile device. If you lose your Supported Device, you can suspend Fitbit Pay through the Fitbit mobile app or disable Fitbit Pay through the Fitbit website. Your Card number is not stored on the Supported Device or in the Fitbit mobile app, and through an industry standard tokenisation platform your Card information is never revealed or shared with merchants or Fitbit when completing a transaction.

 

4. LIMITATION OF LIABILITY

 

The Limitation of Liability set forth in the Terms (Section 22) applies to your use of Fitbit Pay. In addition, neither Fitbit, its suppliers, or licensors, nor any other party involved in creating or delivering Fitbit Pay, will be liable for any damages or liabilities of any kind arising out of or in connection with any transaction, payment, or other use of Fitbit Pay, nor will Fitbit be responsible for any dispute relating to or arising out of your use of a Card. The Bank Terms applied by your Card’s bank will apply to all such transactions, payments, uses, and disputes, and in no event is Fitbit party to, or in any manner liable under, the Bank Terms.

 

FITBIT LIVE COACHING TERMS OF SERVICE

 

We offer interactive health coaching services that connect you with professional coaches (“Coaches”) and information to help you achieve your goals to lead a healthier, more active life (collectively the “Live Coaching Services”). Your use of the Live Coaching Services is governed by the Fitbit Terms of Service, which incorporate these Live Coaching Terms of Service (“Coaching Terms”). In addition, if you pay for the Live Coaching Services, our Fitbit Terms for Paid Services apply to your purchase of the Live Coaching Services.

 

1. LIVE COACHING SERVICES

 

The Live Coaching Services provide motivational tools that help you meet your health, fitness, and wellness goals. You set your goals in consultation with your Coach to help create and maintain healthy habits, increase activity and fitness, or manage or prevent a condition. The Live Coaching Services are not a medical or health care service. Although some Coaches may be licensed healthcare practitioners, they do not provide health care services through the Live Coaching Services. The Live Coaching Services are not intended to be a substitute for professional medical consultation, advice, or treatment from qualified physicians. Fitbit does not endorse any specific tests, physician or medical professional, products, procedures, opinions, or any other information that may be mentioned on the Live Coaching Services. You must consult your doctor before using the Live Coaching Services. If you think that you have a medical emergency, call your doctor or 999 immediately.

 

2. COACHES

 

The Live Coaching Services connect you with a Coach who will work with you to set goals and provide support and guidance in achieving them. You can choose to connect the Live Coaching Services to your doctor or others you designate in order to communicate your progress to them. Coaches may interact with you in a variety of ways, including via in-app chat, e-mail, or telephone calls, throughout your efforts to achieve your goals.

 

Coaches may be made available by your employer or insurance company sponsoring the Live Coaching Services (a “Sponsor”) or by Fitbit’s third-party coaching service providers (a “Provider”). For Sponsor Coaches, please contact the Sponsor for more details on the Coaches they provide. Provider Coaches are subject to background checks and trained by the Providers. They are contractually bound to keep your information confidential and agree not to misuse information about you. Occasionally, a Provider Coach’s availability may change, and we reserve the right to remove them with or without notice to you. In the event that your Provider Coach is no longer available, we will connect you with another one.

 

If a Coach engages in inappropriate behavior, please report it to us. When interacting with a Coach, you agree to be professional and avoid engaging in inappropriate behavior.

 

3. DISCLAIMERS ABOUT THE LIVE COACHING SERVICES

 

The Live Coaching Services, are provided “as-is”, without warranty of any kind. Without limiting the foregoing or any other terms or agreements you have with us, we explicitly disclaim all express or implied warranties arising out of or related to these Coaching Terms or the Live Coaching Services, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of the course of dealing or usage of trade. We make no warranty that the Live Coaching Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

 

This means that while the Live Coaching Services are intended to help you pursue your personal health, fitness, and wellness goals, we do not guarantee that you will achieve your goals. We make no endorsement, representation, or warranty of any kind about any information on the Live Coaching Services, whether provided to you by a Coach or any content available through the Live Coaching Services. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive via the Live Coaching Services and we are not responsible for any health problems that may result from your reliance on the Live Coaching Services. If you engage in any health, fitness, or wellness programme or activities that you learn about through the Live Coaching Services, you agree that you do so voluntarily and at your own risk. If you experience a medical emergency while using the Live Coaching Services, consult with a medical professional immediately.

 

4. TERMINATION

 

Subject to any applicable refund policies, we reserve the right to suspend or terminate your access to certain aspects or all of the Live Coaching Services or to any Coach, or to terminate these Coaching Terms, at any time and in our sole discretion, without notice or liability to you. You may stop using the Live Coaching Services at any time.

 

FITBIT TERMS FOR PAID SERVICES

 

These Fitbit Terms for Paid Services (the “Paid Service Terms”) apply to your purchase and use of any paid Fitbit services, including automatically renewing subscription services such as digital fitness or health programmes (“Programmes”), personalised live coaching services (“Live Coaching Services”), and one-time purchases (collectively the “Paid Services”). These Paid Service Terms only apply to services we offer for purchase, and do not apply to the sale of our physical goods (“Products”). For payment terms related to the sale of Products, please see our Terms of Sale.

 

By purchasing or using a Paid Service, you agree to be bound by the Fitbit Terms of Service, which incorporate these Paid Service Terms and include a mandatory arbitration provision, and any separate terms and conditions presented to you in conjunction with your use of the Paid Services. If you do not accept these terms, do not purchase, access, or use our Paid Services.

 

1. PAID SERVICES

 

Paid Services include content and personalised, interactive services. They may be one-time purchases or automatically renewing subscription services, like our Programmes and Live Coaching Services (“Subscriptions”). Please see the product page for your specific Paid Services for more information. We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and we have the sole discretion to determine which portions of the Fitbit Service require payment.

 

2. SUBSCRIPTIONS

 

Automatically Renewing Subscriptions. Your Subscription term may vary, for example, with monthly or annual automatic renewal terms (a “Subscription Term”), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with our Terms of Service. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service.

 

Subscription Cancellation. You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term.

 

In the event you cancel your Subscription, note that we may still send you promotional communications about Fitbit, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.

 

No Refunds on Subscriptions. When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.

 

Free Trials. From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of the your free trial period, we will notify you of the applicable fees.

 

Price Changes. We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.

 

3. ONE-TIME PURCHASES

 

Certain Paid Services are one-time purchases, and not subscription-based. One-time purchases may not be canceled and you are not entitled to a refund for such services.

 

4. PAYMENT AND BILLING

 

You authorise Fitbit to charge your chosen payment method for the Paid Services. By providing a payment method that we accept, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service.

 

Please note that if you accept a promotional offer or make changes to your Paid Services, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorise us (or our third-party payment processor) to charge your payment method for the corresponding amount.

 

5. REPRESENTATIONS, WARRANTIES, AND COVENANTS

 

Any Paid Services are personal to you and may not be used by any other person. You will not allow anyone else to use your Paid Services, and you will not transfer any Subscription or disclose your password to any other person. You will report to Fitbit any unauthorised or prohibited use of your Paid Services.

 

Archive of Previous Terms of Service