Terms of Service

1. About FitSmart

FitSmart helps users track meals, understand nutrition, monitor fitness progress and develop healthier habits. Features may include food logging, calorie and macronutrient tracking, personalised targets, recipes, progress tracking and AI-assisted recommendations. FitSmart is currently preparing for private beta testing in New Zealand.

2. Account registration

You agree to provide accurate information when registering and using FitSmart. You are responsible for keeping your login credentials secure and for activity carried out through your account. You must not attempt to access another user's account, interfere with the service or misuse its features.

3. Health and fitness information

FitSmart provides general fitness, nutrition and wellbeing information for educational and informational purposes. FitSmart is not a medical service and does not provide medical diagnosis or treatment.

Calorie calculations, nutritional targets and other recommendations are estimates. Individual requirements vary. Consult an appropriately qualified healthcare professional before making significant dietary or exercise changes, particularly if you have an existing medical condition or specific health requirements.

4. AI-generated content

Some FitSmart features may use artificial intelligence to provide suggestions, explanations or recommendations. AI-generated information may be incomplete, inaccurate or unsuitable for your circumstances. You should use your own judgement and verify important information. AI recommendations are not a substitute for qualified professional advice.

5. Nutrition information

Food and nutrition information may come from manufacturers, public databases, user submissions and other sources. We take reasonable steps to improve accuracy, but nutritional information can change or contain errors. Users should check product packaging and other reliable sources where accuracy is especially important, including for food allergies or medical dietary requirements.

6. Private beta testing

During private beta testing, FitSmart may contain bugs, incomplete functionality or temporary service interruptions. We may update, modify or remove beta features as the application develops. We may also need to reset test information or restrict beta access. Where reasonably practicable, we will provide advance notice of changes affecting user information. Beta participants may submit feedback to help us improve FitSmart.

7. Your information and privacy

Your personal information is handled in accordance with our Privacy Policy. You remain responsible for information you choose to submit. You permit FitSmart and its authorised service providers to process that information as reasonably necessary to deliver the features you use, subject to applicable privacy laws.

8. Subscriptions and payments

FitSmart may introduce paid subscriptions or premium features in the future. Before any paid subscription begins, the applicable price, billing period, renewal conditions and cancellation arrangements will be disclosed. Any purchases through Apple may also be subject to Apple's applicable App Store terms and payment arrangements.

9. Acceptable use

You agree not to misuse FitSmart, attempt unauthorised access, interfere with its security, introduce malicious software or use the service unlawfully. We may suspend or restrict accounts involved in serious misuse, subject to applicable law.

10. Intellectual property

The FitSmart name, application design, software and original content are protected by applicable intellectual property laws. You may use FitSmart for its intended personal purposes. You may not reproduce, distribute or commercially exploit our software or original content without permission. You retain ownership of information and content you submit, subject to any rights belonging to third parties.

11. Availability and responsibility

We aim to provide a reliable and useful service, but cannot promise uninterrupted access or error-free functionality. To the extent permitted by law, we are not responsible for losses caused solely by circumstances outside our reasonable control or by misuse of the service. Nothing in these terms excludes or limits rights you may have under New Zealand law, including the Consumer Guarantees Act 1993, where applicable.

12. Ending your account

You may stop using FitSmart at any time and request account deletion. Account deletion and personal information requests will be handled in accordance with our Privacy Policy and applicable legal obligations.

13. Changes to these terms

We may update these terms as FitSmart develops. Material changes will be communicated where reasonably appropriate. The date at the top identifies the latest revision.

14. New Zealand law

These terms are governed by New Zealand law, subject to any mandatory consumer protections that apply.

15. Contact

For questions about these terms, support or account-related requests:

FitSmart NZ
Website: fitsmartnz.co.nz
Support email: nzfitsmart@gmail.com
Legal operator: Codey Alan Hawkins, trading as FitSmart NZ (New Zealand sole trader)