Last Updated: March 28, 2025

Welcome, and thank you for your interest in The Community Fit HQ (“Community Owner,” “we,” or “us”) and our online community, managed by Fit Identity LLC and Fitnique Inc., along with any mobile or other downloadable applications that we make available to enable access to the same (collectively, the “Community”). These Terms of Service are a legally binding contract between you and Community Owner regarding your use of the Community.

1. Eligibility

You must be at least 18 years old to use the Community. By agreeing to these Terms, you represent and warrant that:
(a) you are at least 18 years old;
(b) you have not previously been suspended or removed from the Community; and
(c) your registration and use of the Community is in compliance with all applicable laws and regulations.
If you are using the Community on behalf of a company or other entity, you represent and warrant that you are authorized to bind that entity to these Terms.

2. Accounts and Registration

To access most features of the Community, you must register for an account. During registration, you may be required to provide accurate, complete, and current information, including your name and contact details. You agree to keep your information accurate and up to date.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. If you suspect any unauthorized access or breach of your account, you must notify us immediately at info@fitidentity.com.

3. Licenses

3.1 Limited License

Subject to your ongoing compliance with these Terms, Fit Identity LLC and Fitnique Inc. grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) download, install, and use any mobile or downloadable applications associated with The Community Fit HQ on your personal device; and
(b) access and use the Community strictly for your own personal, non-commercial use.

3.2 License Restrictions

Except as explicitly allowed by law or these Terms, you may not:
(a) copy, modify, distribute, display, perform, or create derivative works from the Community software or content;
(b) reverse-engineer, decompile, or attempt to extract the source code of the Community; or
(c) interfere with or bypass any security features or access controls.

If your use of the Community violates any law or these Terms, you must stop using it immediately.

3.3 Feedback

If you submit feedback, suggestions, or ideas (“Submissions”) about the Community to Fit Identity LLC or Fitnique Inc., you grant us and our platform providers an unrestricted, perpetual, irrevocable, royalty-free license to use those Submissions for any purpose, including improving or developing services. You agree that we have no obligation to credit or compensate you for such Submissions.

4. Ownership; Proprietary Rights

The Community, including all content, visual interfaces, graphics, design, compilation, information, data, source code, software, and services, is owned by Fit Identity LLC, Fitnique Inc., or its licensors, including our third-party platform provider (the “Service Provider”).

All elements of the Community are protected by intellectual property laws. Except as expressly permitted in these Terms, you may not use, reproduce, modify, distribute, or display any part of the Community or its content. No rights or licenses are granted to you by implication or otherwise, except those expressly granted in these Terms.

Fit Identity LLC, Fitnique Inc., and our Service Provider reserve all rights not expressly granted herein.

5. Third-Party Terms

5.1 Third-Party Services

The Community may enable integration with services, tools, or products provided by third parties (“Third-Party Services”). If you choose to enable such integrations, you authorize Fit Identity LLC, Fitnique Inc., and our Service Provider to process any related data, including your user content, consistent with the functionality of the Community and the permissions granted through the integration.

Your use of any Third-Party Services is governed by your agreement with the provider of that service, and Fit Identity LLC, Fitnique Inc., and our Service Provider are not responsible or liable for any Third-Party Services, their operations, or how they use your data.

5.2 Third-Party Software

The Community may include components licensed from third parties under open-source or similar licenses (“Third-Party Components”). Nothing in these Terms is intended to restrict your rights under those applicable third-party licenses.

6. User Conduct

6.1 User Content Generally

You may be permitted to post or upload content including text, images, audio, video, reviews, or other materials (“User Content”) to the Community. You retain ownership of your User Content, subject to the rights granted below.

6.2 Limited License Grant to Community Owner

By submitting User Content to the Community, you grant Fit Identity LLC, Fitnique Inc., and our Service Provider a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable license to host, store, reproduce, distribute, publicly perform and display, adapt, and use your User Content in connection with the operation, promotion, and improvement of the Community.

This license continues even after you stop using the Community.

6.3 Your Warranties and Responsibilities

You affirm, represent, and warrant that:

• You own or have all necessary rights to the User Content you submit.
• Your content does not infringe any intellectual property, privacy, publicity, contractual, or other legal rights of any third party.
• Your content is not unlawful, harassing, defamatory, obscene, or otherwise inappropriate.

You are solely responsible for your User Content and any consequences of sharing it on or through the Community.

6.4 Content Removal and Monitoring

Fit Identity LLC, Fitnique Inc., and our Service Provider are not obligated to monitor User Content but reserve the right to remove, screen, or edit content that violates these Terms, infringes third-party rights, or is otherwise inappropriate. We are not liable for any content posted by users or for any resulting harm or damages.

6.5 Child Exploitation Policy

The Community strictly prohibits any content that depicts, promotes, or is suggestive of child sexual abuse material (CSAM). If we identify CSAM, it will be immediately removed, accounts will be terminated, and appropriate authorities—including the National Center for Missing and Exploited Children—will be notified, as required by law.

7. Communications

7.1 Push Notifications

By installing our mobile app, you consent to receive push notifications on your device. You may disable push notifications at any time in your device’s settings.

7.2 In-App Notifications

We may send in-app messages while you’re using the Community. These are part of the user experience and can be controlled in the app’s notification settings.

7.3 Email

We may contact you by email regarding updates, features, offers, or other communications related to the Community or third-party offerings.
You can opt out of marketing emails by following the unsubscribe link in those messages. However, we will still send you non-promotional communications related to your account or use of the Community.

All official correspondence should be directed to:
📧 info@fitidentity.com

8. Prohibited Conduct

By using the Community, you agree not to:

8.1 Use the Community in violation of any local, state, national, or international law.
8.2 Harass, threaten, defame, intimidate, abuse, or harm another user.
8.3 Violate or encourage the violation of any third-party rights, including intellectual property rights.
8.4 Access any part of the Community using automated means (e.g., bots, scrapers) not provided by Fit Identity LLC or Fitnique Inc.
8.5 Tamper with security-related features, reverse engineer the software, or attempt to discover source code.
8.6 Disrupt the Community or its services through viruses, unsolicited advertising, spam, or unauthorized data collection.
8.7 Impersonate any individual or entity, falsify personal details, or misrepresent your affiliation with any person or group.
8.8 Sell or transfer access to your account or to any content made available through the Community.
8.9 Assist or encourage any person to engage in any of the above prohibited behaviors.

Violating these rules may result in the suspension or termination of your account and access to the Community.

9. Intellectual Property Rights Protection

9.1 Respect of Third-Party Rights

We respect intellectual property rights and expect users to do the same. Any use of content that infringes copyright, trademark, or other protected rights is strictly prohibited.

9.2 DMCA Notification

If you believe that content available through the Community infringes your copyright, please send a notice of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) to info@fitidentity.com.
Your notice must include all information required under 17 U.S.C. § 512.

10. Modification of Terms

We may revise these Terms at any time. When we make material changes, we will notify you either by posting an updated version within the Community or by sending you an email notification.

Changes will become effective upon posting or as otherwise stated in the notice. If you continue to use the Community after the changes take effect, you are agreeing to the revised Terms.

If you do not agree with the updated Terms, you should stop using the Community and delete your account.

Only an authorized representative of Fit Identity LLC or Fitnique Inc. may amend these Terms through a signed written agreement.

11. Term, Termination, and Modification of the Community

11.1 Term

These Terms begin when you first accept them or access the Community and remain in effect until terminated by either party.

11.2 Termination

Fit Identity LLC or Fitnique Inc. may suspend or terminate your access at any time, with or without notice, and for any reason, including a breach of these Terms.

You may terminate your account at any time by contacting info@fitidentity.com or using any account deletion features available within the Community platform.

11.3 Effect of Termination

Upon termination:

• All rights granted to you under these Terms will cease.
• You must stop using the Community.
• Any outstanding payments become immediately due.
• Sections that, by their nature, should survive termination (e.g., ownership, indemnification, disclaimers, and dispute resolution) will remain in effect.

If your account is terminated due to violation of these Terms, you may not create another account under a different name, email, or identity.

11.4 Modification of the Community

We reserve the right to alter, suspend, or discontinue the Community or any part of it at any time, with or without notice.
This includes, but is not limited to, modifying features, availability, or the platform through which the Community is delivered.

We are not liable for any changes to your access, including loss of any User Content. You are encouraged to back up any content important to you.

12. Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Fit Identity LLC, Fitnique Inc., their affiliates, and their respective officers, employees, partners, and agents (collectively, the “Indemnified Parties”) from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

• Your access to or use of the Community;
• Your violation of these Terms or any applicable law;
• Your User Content; or
• Any dispute between you and another user or third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us in defending such claims.

13. Disclaimers; No Warranties by Community Owner

13.1 “As Is” and “As Available”

The Community and all related content and services are provided on an “as is” and “as available” basis without warranties of any kind. Fit Identity LLC, Fitnique Inc., and our Service Provider expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement;
• Any warranty that the Community will be error-free, secure, or operate without interruption.

13.2 User Responsibility

You use the Community at your own risk. Fit Identity LLC, Fitnique Inc., and our Service Provider do not guarantee that the Community will be available at all times or that it will be free from viruses or harmful components. No advice or information, whether oral or written, obtained by you from us or through the Community, will create any warranty not expressly stated herein.

13.3 Legal Compliance

Some jurisdictions may not allow exclusions of certain warranties. In such cases, those warranties are limited to the minimum scope permitted by law.

14. Limitation of Liability

14.1 Indirect Damages

To the fullest extent permitted by law, Fit Identity LLC, Fitnique Inc., their affiliates, and Service Provider shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, goodwill, data, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Community;
• Any conduct or content of any user or third party;
• Unauthorized access, use, or alteration of your content.

14.2 Aggregate Liability

To the fullest extent permitted by law, the total liability of Fit Identity LLC, Fitnique Inc., and their partners for any claims under these Terms shall not exceed the greater of (a) the amount you paid to us for use of the Community in the past 12 months or (b) $100.

14.3 Third-Party Platform Disclaimer

You agree that our Service Provider is not liable for any claims related to your use of the Community and is not a party to this agreement, except as specifically stated as a third-party beneficiary.

14.4 Essential Allocation of Risk

These limitations of liability reflect the allocation of risk between the parties and are an essential basis of the bargain between you and us.

15. Dispute Resolution and Arbitration

15.1 General

You and Fit Identity LLC/Fitnique Inc. agree to resolve any disputes through binding individual arbitration, rather than court. You waive your right to a jury trial or to participate in a class action. This applies to any claim under these Terms or your use of the Community.

15.2 Exceptions

You or we may still:

• Bring an individual action in small claims court;
• Seek injunctive relief in a court located in Santa Monica, California;
• File suit for intellectual property infringement.

15.3 Opt-Out Option

You may opt out of arbitration within 30 days of accepting these Terms by sending an email to info@fitidentity.com with the subject line “Arbitration Opt-Out” and including your full name and account information.

15.4 Arbitration Rules

The arbitration will be administered by JAMS and conducted in accordance with its rules applicable to consumer disputes. More info at www.jamsadr.com.

15.5 Arbitration Location

Unless otherwise agreed, arbitration hearings will occur in Santa Monica, California, or remotely, depending on the nature of the claim.

15.6 Arbitrator’s Authority

The arbitrator may award all remedies available in court but must issue a reasoned decision. The arbitrator’s decision is final and binding.

15.7 Class Action Waiver

You and we agree that each may only bring claims in our individual capacity, and not as a plaintiff or class member in any class or representative action. This waiver also applies in arbitration.

15.8 Enforceability

If any part of this arbitration section is found to be unenforceable, that part will be severed, and the remainder will still apply.

16. Miscellaneous

16.1 Third-Party Beneficiary

The Community is hosted and operated on a platform provided by CircleCo, Inc. (“Service Provider”).
You agree that the Service Provider is an intended third-party beneficiary of these Terms and may enforce them against you as if it were a party to this agreement.

16.2 Entire Agreement & Assignment

These Terms, together with our Privacy Policy and any additional terms or agreements referenced herein, constitute the entire agreement between you and Fit Identity LLC and Fitnique Inc. concerning your use of The Community Fit HQ.

You may not assign or transfer these Terms, by operation of law or otherwise, without prior written consent. Any attempt by you to assign these Terms without such consent will be null and of no effect. We may assign or transfer our rights under these Terms without restriction.

16.3 Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

You and Fit Identity LLC/Fitnique Inc. agree to submit to the exclusive jurisdiction and venue of courts located in Santa Monica, California, for all disputes not subject to arbitration.

16.4 Privacy Policy

You agree that your use of the Community is subject to our [Privacy Policy], which explains how we collect, use, and protect your personal data.

16.5 Electronic Communications

By using the Community, you agree to receive communications from us electronically. This includes legal notices, agreements, disclosures, and other messages. These communications satisfy any legal requirement that such communications be in writing.

16.6 Notice for California Residents

Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

• Address: 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834
• Phone: +1-800-952-5210

17. Notice Regarding Apple

This section applies only if you access the Community via an app downloaded through the Apple App Store.

You acknowledge and agree that:

• These Terms are between you and Fit Identity LLC/Fitnique Inc., not with Apple.
• Apple is not responsible for the Community or its content.
• Apple has no obligation to provide maintenance or support services for the Community.
• If the Community fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if applicable. Apple has no other warranty obligation.
• Apple is not responsible for claims related to the Community or your use of it, including product liability, legal compliance, or infringement claims.
• You will comply with applicable third-party terms when using the Community.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

You represent and warrant that:

• You are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country; and
• You are not listed on any U.S. government list of prohibited or restricted parties.