Date of issue: 01 December 2025
Revision: 3

Welcome to the FitlyIQ Terms & Conditions.

SECTION: GENERAL TERMS

1. INTRODUCTION

1.1. These Terms & Conditions (“Terms”) constitute a legally binding agreement between you and FitlyIQ (Pty) Ltd (“FitlyIQ”, “we”, “us”, or “our”) regarding your use of www.fitlyiq.com (“Platform”), including all features, content, products, services, applications, and tools offered through it.
1.2. FitlyIQ is a South African-based, fully digital wellness and weight-loss platform that operates exclusively online and does not offer in-person or telephonic services.
1.3. By accessing, using, or interacting with the Platform, and/or by purchasing, receiving, or using any Products or Services offered through the Platform, you agree to be bound by these Terms and accept that all such use, purchases, and transactions are governed exclusively by the laws of the Republic of South Africa, including but not limited to the Electronic Communications and Transactions Act, the Consumer Protection Act, 68 of 2008, and the Protection of Personal Information Act, 4 of 2013 (“POPIA”).

2. INTERPRETATION & DEFINITIONS

2.1. In these Terms:
2.1.1. “AI Coach” means an automated, artificial intelligence-driven system operated by FitlyIQ that generates general wellness-related information and responses without human oversight, professional judgement, or personal assessment.
2.1.2. “Beta” means a development, testing, or pre-release phase during which features, functionality, or services may be incomplete, inaccurate, unstable, modified, suspended, or withdrawn without notice.
2.1.3. “Business Day” means any day other than a Saturday, Sunday, or public holiday recognised in the Republic of South Africa.
2.1.4. “Complaints” means formal submissions by a User alleging dissatisfaction, breach, or failure relating to the Platform, Services, Products, delivery, or support, excluding general feedback or suggestions.
2.1.5. “Consumer” means any natural person who purchases, receives, uses, consumes, or otherwise benefits from any Product offered by FitlyIQ, whether such Product is acquired directly from FitlyIQ, provided to them by another purchaser, received as a gift, or used within a household or shared context, and includes end users of the Product irrespective of whether they were the original purchaser.
2.1.6. “Content” means all information, data, text, images, audio, video, messages, outputs, recommendations, or materials made available on or through the Platform, whether generated by FitlyIQ, its systems, or Users.
2.1.7. “CPA” means the Consumer Protection Act, 68 of 2008 of the Republic of South Africa, as amended.
2.1.8. “Delivery” means the physical handover of Products to the delivery address supplied by the User, as confirmed by a third-party courier service.
2.1.9. “Digital Services” means all non-physical services provided through the Platform, including access to digital features, AI-generated outputs, memberships, subscriptions, and online tools.
2.1.10. “Feedback” means voluntary, non-binding comments, suggestions, or opinions provided by Users that do not constitute Complaints or legal claims.
2.1.11. “FitlyIQ”, “we”, “us”, or “our” means FitlyIQ (Pty) Ltd, a private company incorporated under the laws of the Republic of South Africa.
2.1.12. “Force Majeure Event” means any event or circumstance beyond FitlyIQ’s reasonable control that prevents or delays performance, including but not limited to natural disasters, power outages, system failures, regulatory actions, labour disruptions, or third-party service failures.
2.1.13. “Platform” means the FitlyIQ website, web-based systems, applications, and digital environments operated by or on behalf of FitlyIQ, including www.fitlyiq.com.
2.1.14. “POPIA” means the Protection of Personal Information Act, 4 of 2013 of the Republic of South Africa, as amended.
2.1.15. “Products” means physical goods offered by FitlyIQ for purchase through the Platform, including nutritional supplements and related wellness products.
2.1.16. “Regulatory Approval” means a formal authorisation, registration, or approval issued in writing by a competent regulatory authority, including SAHPRA, and expressly excludes pending, anticipated, or implied approval.
2.1.17. “SAHPRA” means the South African Health Products Regulatory Authority or any successor regulatory body responsible for the regulation of health-related products in South Africa.
2.1.18. “Services” means, collectively, the Digital Services and Products made available by FitlyIQ through the Platform.
2.1.19. “Shipping” means the process of packaging, dispatching, and transporting Products using a third-party courier service selected by FitlyIQ.
2.1.20. “Terms” means these Terms and Conditions, including all sections, schedules, policies, and documents incorporated by reference, as amended from time to time.
2.1.21. “Third-Party Service Provider” means any independent entity engaged by FitlyIQ to provide services such as hosting, payment processing, delivery, analytics, communications, or technical infrastructure.
2.1.22. “User”, “you”, or “your” means any natural person who accesses, browses, registers on, purchases from, or otherwise uses the Platform, Products or combined as Services.
2.1.23. “Use at Own Risk” means that the User assumes full responsibility for all decisions, actions, reliance, and outcomes arising from the use of the Platform, Products or combined as Services.
2.1.24. “Wellness” means general lifestyle and well-being support that is non-medical, non-therapeutic, and not intended to diagnose, treat, cure, or prevent any disease or medical condition.
2.2. Headings are inserted for convenience only and shall not affect interpretation. Singular includes plural, and vice versa.
2.3. Reference to one gender includes all genders.

3. PAYMENT, SUBSCRIPTIONS & CHARGEBACKS

3.1. This section governs payment, pricing, subscriptions, billing, and access to Digital Services provided through the Platform. Returns, refunds, and exchanges for physical Products are governed exclusively by the Returns & Refunds section of these Terms.
3.2. All purchases, including physical Products, subscriptions, and one-time Digital Services, require upfront payment via the Platform’s checkout system. Payment is deemed complete only once successfully authorised by the payment gateway and recorded as a processing or completed order within the Platform.
3.3. Certain physical Product purchases may include complimentary access to specific Platform features, Digital Services, or community areas at no additional charge. Such access is provided as a value-added benefit linked to the qualifying Product purchase and does not constitute a paid subscription unless expressly stated at checkout.
3.4. Complimentary Platform access granted with a Product purchase remains valid only for as long as the qualifying Product relationship remains active, as determined by FitlyIQ, and may be limited in duration, scope, or functionality. FitlyIQ reserves the right to modify, restrict, or withdraw complimentary access where reasonably necessary due to operational, regulatory, abuse-prevention, or product lifecycle considerations.
3.5. Where subscriptions or paid Digital Services are offered separately, charges are billed in advance on a recurring basis at the frequency selected at checkout until cancelled in accordance with the applicable cancellation process. You authorise FitlyIQ and its payment service providers to automatically charge the selected payment method for all recurring fees, including renewals, upgrades, or plan changes.
3.6. Cancellation of a paid subscription prevents future charges but does not entitle you to any refund, credit, or pro-rata adjustment for any unused portion of the current billing period, except where expressly required under applicable South African law.
3.7. Pricing, subscription fees, and service charges may be amended from time to time at FitlyIQ’s discretion. Pricing changes apply prospectively only and do not affect charges already processed or billing periods already commenced.
3.8. FitlyIQ is not VAT registered and does not issue VAT-compliant invoices.
3.9. Paid users are not entitled to retroactive refunds, credits, or price adjustments if a Product, Digital Service, subscription, access tier, or bundled offering is later discounted, modified, or offered at a reduced price.
3.10. All fees paid for Digital Services, subscriptions, or platform access are final and non-refundable, including in cases of early cancellation, termination for breach, suspension due to misuse, dissatisfaction with outcomes, or failure to utilise services, except where a refund is expressly required under the Consumer Protection Act.
3.11. Orders reflected in eCommerce as cancelled, failed, pending, or on-hold do not constitute confirmed payment and do not entitle the User to access Products or Digital Services. Only orders marked as processing or completed are recognised as valid for fulfilment and access.
3.12. If payment fails, expires, is reversed, or becomes subject to a dispute or chargeback, FitlyIQ reserves the right to suspend or terminate access to the Platform, Digital Services, or complimentary access benefits immediately until the matter is resolved.
3.13. Initiating a chargeback or payment reversal without first engaging FitlyIQ through its support process may be treated as a breach of these Terms. Where a chargeback occurs, FitlyIQ may suspend access, revoke complimentary or paid services already granted, and recover reasonable administrative, processing, or dispute-related costs to the extent permitted by law.
3.14. Repeated, abusive, or fraudulent chargebacks, or attempts to circumvent billing, access controls, or refund processes, may result in immediate termination of access, restriction of future purchases, and recovery of losses incurred by FitlyIQ.
3.15. Nothing in these Terms limits or excludes any non-waivable rights you may have as a consumer under the Consumer Protection Act, 68 of 2008.

4. LEGAL CAPACITY & ACCEPTANCE

4.1. By accessing or using the FitlyIQ Platform, you confirm that you have read, understood, and accepted these Terms & Conditions, including all disclaimers, limitations of liability, and legal notices. If you do not agree with any part of these Terms, you must not use the Platform or any of its Services.
4.2. In line with the Consumer Protection Act, 2008 (CPA), you further acknowledge that you have had a reasonable opportunity to review and consider these Terms before continuing to use the Platform. You understand and accept that certain clauses limit FitlyIQ’s liability and shift responsibilities to you as the user. You are required to provide explicit consent, such as clicking “I Accept” or ticking a checkbox, before registering, transacting, or accessing services through the Platform.
4.3. By continuing to use the Platform, you agree to be legally bound by these Terms and confirm that your acceptance forms a valid and enforceable agreement under South African law.
4.4. You represent and warrant that you are at least 18 years of age or have the necessary consent from a parent or legal guardian if under 18. You have full legal capacity to enter into binding agreements, and you will comply with all applicable laws and regulations while using the Platform.
4.5. Your continued access to or use of the Platform constitutes your irrevocable acceptance of these Terms and acknowledgement that they govern all interactions between you and FitlyIQ.

5. PRIVACY

5.1. Personal data is collected and processed in line with the Protection of Personal Information Act (POPIA) and other applicable South African data protection laws. Full details are available in our Privacy Policy.
5.2. You may access or update your data and privacy preferences via your account settings.
5.3. Users may request access to their personal information, correction of inaccuracies, or deletion of their records, subject to legal retention obligations. FitlyIQ will respond within a reasonable time in accordance with POPIA.

6. INTELLECTUAL PROPERTY

6.1. FitlyIQ owns all rights, title, and interest in the Platform, its content, tools, AI systems, code, design, branding, databases, and infrastructure, as well as all intellectual property relating to its Products, including but not limited to product names, formulations, labels, packaging, product descriptions, images, trade dress, and marketing materials.
6.2. You may not:
6.2.1. reproduce, copy, or redistribute Platform materials or Product-related materials;
6.2.2. reverse engineer or tamper with source code or attempt to replicate Product formulations;
6.2.3. use FitlyIQ’s branding or Product branding without written consent;
6.2.4. circumvent any technical or commercial protection measures.
6.3. Feedback submitted to FitlyIQ may be used without attribution or compensation.
6.4. Breach may result in termination, legal action, and liability for damages.

7. LIMITATION OF LIABILITY

7.1. This section applies separately and distinctly to the use of the Platform, the provision of Digital Services, and the purchase and use of Products, and must be read together with the specific provisions governing each.
7.2. Platform Use and Digital Services
7.2.1. FitlyIQ provides the Platform and all Digital Services on an “as is” and “as available” basis. To the maximum extent permitted by law, FitlyIQ makes no representations or warranties of any kind, whether express or implied, regarding the availability, accuracy, reliability, completeness, or suitability of the Platform or any Digital Services.
7.2.2. Without limiting the generality of the above, FitlyIQ does not warrant that the Platform or Digital Services will be uninterrupted, error-free, secure, or free from defects, delays, viruses, or other harmful components.
7.2.3. FitlyIQ is not liable for any personal injury, illness, emotional or psychological harm, financial loss, loss of profits, loss of data, business interruption, or indirect or consequential damages arising from or related to the use of the Platform or Digital Services.
7.3. AI-Generated Content and Recommendations
7.3.1. Any information, guidance, or recommendations generated by artificial intelligence systems, including the AI Coach “Zoe”, are provided for general informational purposes only.
7.3.2. Use of AI-generated outputs is entirely at the User’s own risk. FitlyIQ does not accept liability for any decisions, actions, purchases, or outcomes based on reliance on such outputs.
7.3.3. FitlyIQ does not guarantee any specific health, wellness, or weight-loss outcomes. Individual results vary and depend on personal effort, lifestyle, and factors beyond FitlyIQ’s control.
7.4. Third-Party Content and Services
7.4.1. The Platform may include links to, or integrations with, third-party websites, tools, services, or content not owned or controlled by FitlyIQ.
7.4.2. FitlyIQ does not endorse, monitor, or control any third-party content or services and is not responsible for their accuracy, availability, safety, security, or practices.
7.4.3. Users access and use third-party services entirely at their own risk and are responsible for reviewing and accepting the applicable third-party terms and conditions.
7.4.4. FitlyIQ shall not be liable for any harm, loss, malware, data breaches, or offensive material originating from third-party sources.
7.5. Products and Supplements
7.6. FitlyIQ makes no representations or warranties that any Product will achieve specific results, outcomes, or benefits, including health, wellness, or weight-loss outcomes.
7.7. Except to the extent expressly required under the Consumer Protection Act, Products are provided without any express or implied warranties, including warranties of fitness for a particular purpose, suitability for individual needs, or expected results.
7.8. Users are solely responsible for determining whether Products are appropriate for their personal circumstances, including allergies, sensitivities, medical conditions, or concurrent treatments, and for using Products strictly in accordance with all instructions and warnings.
7.9. FitlyIQ shall not be liable for any adverse effects, reactions, or outcomes arising from misuse, overuse, failure to follow instructions, or use of Products contrary to warnings or guidance.
7.10. Limitation of Liability
7.11. To the maximum extent permitted by law, FitlyIQ’s total aggregate liability arising from or related to the Platform, Digital Services, Products, or these Terms shall be limited to the total amount paid by the User to FitlyIQ during the month immediately preceding the event giving rise to the claim, or, in the case of Products, the purchase price of the specific Product giving rise to the claim, whichever is lower.
7.12. Nothing in these Terms limits or excludes any liability that cannot be lawfully limited or excluded under applicable law.
7.13. User Responsibility and Release
7.14. By using the Platform, Digital Services, or Products, you agree to assume full responsibility for your use and to release and hold FitlyIQ harmless from all claims arising from reliance on the Platform, AI-generated content, Products, or third-party services, except to the extent prohibited by law.

8. INDEMNITY

8.1. You agree to indemnify, defend, and hold harmless FitlyIQ, its directors, officers, employees, affiliates, licensors, and agents from and against all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
8.1.1. your access to, use of, or misuse of the Platform or any Digital Services, including reliance on AI-generated content or recommendations;
8.1.2. your purchase, use, misuse, or handling of any Products, including any failure to follow instructions, warnings, or applicable guidance;
8.1.3. your breach of these Terms or any applicable laws or regulations;
8.1.4. your infringement or violation of the rights of any third party, including intellectual property rights, privacy rights, or the rights of other users, suppliers, or service providers.
8.2. This indemnity does not apply to the extent that a claim arises directly from FitlyIQ’s wilful misconduct or gross negligence, or where liability cannot lawfully be excluded or shifted under applicable law.
8.3. This indemnity shall survive the termination or expiry of these Terms and your use of the Platform, Digital Services, or Products.

9. FORCE MAJEURE

9.1. FitlyIQ shall not be responsible for any delay, failure, or interruption in the provision of the Platform, Digital Services, Products, or Delivery, where such delay, failure, or interruption arises from causes beyond its reasonable control, including but not limited to natural disasters, power outages, supply chain disruptions, manufacturing delays, regulatory actions, courier failures, or failures of third-party platforms or service providers.

10. CONFIDENTIALITY

10.1. You agree to maintain the confidentiality of all proprietary, technical, or commercially sensitive information relating to FitlyIQ, whether shared through the Platform or otherwise, including information relating to the Platform, Digital Services, Products, business operations, pricing, formulations, documentation, or communications, unless such information is lawfully in the public domain or required to be disclosed by law.
10.2. This obligation survives termination.
10.3. FitlyIQ may seek urgent or injunctive relief in a court of competent jurisdiction in the event of a breach or threatened breach of this section.

11. GOVERNING LAW & DISPUTES

11.1. These Terms and any dispute, claim, or controversy arising out of or in connection with them, the Platform, the Digital Services, or the Products shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
11.2. The parties shall use reasonable efforts to resolve any dispute arising out of or relating to these Terms through good-faith negotiations before initiating formal proceedings. Either party may commence formal proceedings if the dispute is not resolved within fourteen (14) days of written notice of the dispute.
11.3. Subject to clause 11.2 and applicable consumer protection legislation, any dispute not resolved through negotiation shall be referred to confidential arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) in Cape Town, in accordance with the AFSA rules in force at the time. The arbitration shall be conducted in English by a single arbitrator appointed in accordance with those rules.
11.4. Nothing in this section limits or excludes any rights or remedies available to consumers under the Consumer Protection Act, 68 of 2008, including the right to approach a court, tribunal, or regulator where such right cannot lawfully be excluded.
11.5. To the maximum extent permitted by law, disputes shall be conducted on an individual basis only, and no party may bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding.
11.6. FitlyIQ reserves the right to approach any court of competent jurisdiction for urgent, interim, or injunctive relief to protect its intellectual property, confidential information, or business interests, or to prevent unlawful conduct, without first complying with the dispute resolution process set out above.
11.7. Without limiting the foregoing, and where court proceedings are permitted under applicable law, the courts of the Western Cape, South Africa, shall have jurisdiction. You irrevocably consent to the jurisdiction of these courts.

12. TERMINATION & ENFORCEMENT

12.1. FitlyIQ may suspend or terminate your access to the Platform, Digital Services, subscriptions, complimentary access benefits, or user account immediately where it reasonably believes that you have breached these Terms, engaged in misuse, abuse, fraud, chargeback manipulation, or conduct that presents legal, regulatory, operational, or reputational risk.
12.2. Suspension or termination of access does not relieve you of responsibility for any charges lawfully incurred prior to suspension or termination, including subscription fees already billed or payments successfully processed in accordance with Section 3.
12.3. Termination of these Terms does not affect completed Product transactions, orders already processed or delivered, or Products already supplied. Any refunds relating to physical Products remain governed exclusively by the Returns & Refunds section of these Terms.
12.4. Initiating a chargeback, payment reversal, or payment dispute without first engaging FitlyIQ through its designated support process may be treated as a breach of these Terms. FitlyIQ reserves the right to suspend or terminate access pending resolution of such disputes.
12.5. Where FitlyIQ reasonably believes that refunds, chargebacks, subscriptions, complimentary access benefits, or promotional mechanisms are being abused, manipulated, or exploited, FitlyIQ may take immediate enforcement action, including suspension, termination, restriction of future purchases, or withdrawal of access benefits.
12.6. You may not attempt to circumvent FitlyIQ’s payment controls, refund processes, access limitations, or enforcement mechanisms through alternative payment methods, repeated disputes, or indirect access attempts. Any such conduct may result in termination and recovery of reasonable administrative, processing, or dispute-related costs to the extent permitted by law.

SECTION: MARKETING, ADVERTISING, PROMOTIONS & COMPETITIONS

13. SCOPE AND APPLICATION

13.1. FitlyIQ markets and promotes its Platform, Digital Services, and Products through various channels, including but not limited to websites, digital advertising, email marketing, social media, radio, affiliates, influencers, and third-party marketing agencies.
13.2. All marketing, advertising, promotional, and sales-related content is provided for general informational and promotional purposes only and does not constitute guarantees, warranties, or binding representations unless expressly stated in writing by FitlyIQ.

14. ADVERTISING AND REGULATORY COMPLIANCE

14.1. FitlyIQ endeavours to ensure that its advertising, marketing, and promotional activities comply with applicable South African laws, industry codes, and regulatory guidelines, including, where applicable, the Consumer Protection Act, the Advertising Regulatory Board (ARB) Code, and any applicable guidance issued by the South African Health Products Regulatory Authority (SAHPRA).
14.2. You acknowledge that advertising and promotional content may be subject to interpretation, format limitations, platform-specific constraints, and evolving regulatory guidance, and may be amended, withdrawn, corrected, or discontinued from time to time.

15. USE OF THIRD-PARTY AGENCIES, AFFILIATES, AND INFLUENCERS

15.1. FitlyIQ may engage third-party agencies, affiliates, influencers, broadcasters, or partners to conduct marketing or promotional activities on its behalf.
15.2. Such parties act as independent contractors and do not have authority to bind FitlyIQ, make guarantees, or create legally binding representations unless expressly authorised in writing by FitlyIQ.
15.3. FitlyIQ does not accept responsibility for unauthorised, inaccurate, or non-compliant representations made by third parties outside the scope of their written mandate, and such representations shall not form part of these Terms or any agreement with Users.

16. NO MEDICAL OR GUARANTEED OUTCOMES IN MARKETING

16.1. Any wellness-related statements or promotional references are intended to reflect general wellness positioning only and are not intended to constitute medical, therapeutic, or diagnostic claims.
16.2. FitlyIQ does not guarantee specific health, wellness, or weight-loss outcomes through any marketing, advertising, or promotional content. Individual results may vary and depend on factors beyond FitlyIQ’s control.

17. DISCOUNTS, PROMOTIONS, AND PRICING ADJUSTMENTS

17.1. FitlyIQ may offer discounts, promotional pricing, bundles, or special offers from time to time, subject to specific terms, availability, and duration as determined by FitlyIQ.
17.2. All discounts and promotional prices apply only for the stated period and are not retrospective. Users are not entitled to refunds, credits, or price adjustments where Products or Services are subsequently offered at a reduced price.
17.3. FitlyIQ reserves the right to correct pricing errors, withdraw promotions, or amend discount terms at any time where reasonably necessary, including in cases of obvious error, system malfunction, or regulatory or operational requirements.
17.4. Unless expressly stated otherwise, discounts, promotions, or special offers do not alter, replace, or override these Terms.

18. COMPETITIONS, GIVEAWAYS, AND PROMOTIONAL CONTESTS

18.1. FitlyIQ may conduct competitions, giveaways, or promotional contests from time to time, subject to specific competition rules applicable to each promotion.
18.2. Participation in any competition is voluntary and subject to the applicable competition rules, which will be made available to participants at the time of entry and must be accepted in addition to these Terms.
18.3. Competition rules may include eligibility criteria, entry requirements, prize descriptions, selection methods, timeframes, and conditions, and may differ between competitions.
18.4. FitlyIQ reserves the right to amend, suspend, withdraw, or cancel any competition where reasonably necessary, including in cases of error, abuse, fraud, technical failure, regulatory requirements, or circumstances beyond its control.
18.5. Unless expressly stated otherwise, competitions do not form part of the sale of Products or Digital Services and do not create contractual entitlements beyond the applicable competition rules.
18.6. FitlyIQ’s decisions regarding competitions, including winner selection, verification, and disqualification, are final, subject to applicable law.

19. PRECEDENCE OF TERMS

19.1. In the event of any inconsistency between marketing, advertising, promotional materials, competitions, or sales communications and these Terms, these Terms shall prevail.

SECTION: DIGITAL PLATFORM & AI WELLNESS SERVICES

20. SCOPE AND APPLICATION

20.1. This section governs access to and use of the FitlyIQ digital platform, including all website functionality, user accounts, community features, artificial intelligence–driven tools, automated wellness content, and related digital services. It applies solely to non-physical, digital interactions and features made available through the Platform and does not regulate the sale, delivery, safety, or use of physical Products, which are governed separately under the Supplement Products & Regulatory Status and Returns & Refunds sections of these Terms.

21. BETA TESTING

21.1. The Platform is provided in a beta-testing environment and may include experimental, incomplete, or unstable features. By using the Platform, you acknowledge and accept that functionality may change, be interrupted, or be discontinued at any time, and that errors or limitations may occur. You agree to use the Platform at your own risk and understand that FitlyIQ makes no guarantees regarding stability, availability, accuracy, or continuity during the beta phase.

22. NO MEDICAL OR PROFESSIONAL ADVICE

22.1. The Platform does not provide medical, nutritional, therapeutic, or psychological advice. All content, information, and AI-generated outputs are provided for general informational and wellness purposes only.
22.2. You acknowledge and agree that:
22.2.1. you are solely responsible for your personal health decisions and actions;
22.2.2. you must consult a licensed healthcare professional before acting on any information or recommendations obtained through the Platform;
22.2.3. no content, AI-generated output, or feature of the Platform is intended to diagnose, treat, cure, or prevent any medical condition, or to replace professional advice;
22.2.4. FitlyIQ shall not be responsible for outcomes arising from reliance on Platform content or AI-generated outputs.
22.3. FitlyIQ does not sell, distribute, or affiliate with third-party supplements or wellness products. Any references to third-party products, services, or practices that may appear through AI-generated content occur solely in response to user queries and are provided for general informational purposes only. Such references do not constitute recommendations, endorsements, guarantees, or advice. FitlyIQ makes no representations or warranties regarding the suitability, safety, effectiveness, or regulatory status of any third-party products and assumes no responsibility or liability for their use. This clause does not apply to FitlyIQ-branded Products, which are governed exclusively by the Supplement Products & Regulatory Status section of these Terms.

23. USER ACCOUNT AND CONDUCT

23.1. You are responsible for:
23.1.1. maintaining accurate, complete, and current account information;
23.1.2. safeguarding your login credentials and access details;
23.1.3. all activity conducted through your account, whether authorised by you or not.
23.2. You may not:
23.2.1. share or transfer your account credentials;
23.2.2. impersonate any person or entity;
23.2.3. upload, post, or transmit unlawful, misleading, offensive, or infringing content;
23.2.4. harass, threaten, exploit, or mislead other users, including by presenting AI-generated content as professional advice;
23.2.5. introduce malware or interfere with the security or operation of the Platform.
23.3. FitlyIQ reserves the right to suspend or terminate user accounts if the use of the Platform breaches these Terms or presents a legal, operational, regulatory, or reputational risk.
23.4. You acknowledge that user-generated content may be visible to other users through public or community features. You should not share personal or sensitive information unless you accept the risk of public disclosure. FitlyIQ is not responsible for the conduct of other users in relation to shared content.

24. PLATFORM FEATURES & AI LIMITATIONS

24.1. The Platform uses artificial intelligence technologies to generate automated responses, insights, and suggestions. These outputs are machine-generated and are not reviewed or approved by licensed professionals.
24.2. You acknowledge and accept that:
24.2.1. AI-generated outputs are provided for informational purposes only;
24.2.2. improper or misleading prompts may result in inaccurate or inappropriate outputs;
24.2.3. AI-generated interactions may simulate professional coaching or guidance, but do not constitute advice from qualified professionals.
24.2.4. The AI system operates in a beta environment and may be unpredictable, incomplete, or inaccurate. You assume all risks associated with reliance on AI-generated outputs.
24.2.5. Failure, interruption, or modification of any AI component or third-party integration does not affect the validity or enforceability of these Terms.

25. CONTENT MODERATION & PLATFORM USE

25.1. You retain ownership of content you submit to the Platform.
25.2. By submitting content, you grant FitlyIQ a perpetual, royalty-free, worldwide licence to use, reproduce, adapt, distribute, and display such content solely in connection with the operation, promotion, and improvement of the Platform and its services. Where applicable, this may include the use of your name or image as provided by you.
25.3. You warrant that you have all necessary rights to submit such content and agree to indemnify FitlyIQ against claims arising from your submissions.
25.4. FitlyIQ may, at its discretion and without prior notice, monitor, restrict, edit, or remove any content that is unlawful, harmful, misleading, abusive, offensive, or otherwise in breach of these Terms or applicable law.
25.5. FitlyIQ is not obligated to pre-screen or actively monitor all user content and disclaims responsibility for material submitted by users.

SECTION: SUPPLEMENT PRODUCTS & REGULATORY STATUS

26. SCOPE AND APPLICATION

26.1. This section governs the description, nature, availability, development status, and regulatory position of all health supplements and wellness products developed, manufactured, marketed, or sold by FitlyIQ (“Products”). It applies to Products currently available for purchase as well as Products in development, testing, or pre-launch phases.

27. NATURE AND INTENDED USE OF PRODUCTS

27.1. FitlyIQ Products are formulated and sold as health supplements intended to support general wellness and lifestyle goals.
27.2. FitlyIQ Products are not medicines, pharmaceuticals, or medical treatments.
27.3. Products are not intended to diagnose, treat, cure, or prevent any disease or medical condition, and no therapeutic or medicinal claims are made or implied.

28. PRODUCT INFORMATION

28.1. Product descriptions, ingredient listings, and wellness-related information made available on the Platform are provided to support general understanding of FitlyIQ Products and their intended wellness positioning.
28.2. FitlyIQ takes reasonable care to ensure that product information is accurate and up to date at the time of publication. Such information may be updated or amended from time to time to reflect formulation refinements, regulatory guidance, manufacturing updates, or operational considerations.
28.3. Instructions for use, dosage, warnings, and storage conditions provided on FitlyIQ Product labels constitute the authoritative directions for consumption and must be followed by the consumer. Platform content does not replace, override, or supplement the instructions appearing on the Product packaging.
28.4. Product images, descriptions, and supporting materials are illustrative in nature and may differ slightly from final packaging, labelling, or appearance.

29. DEVELOPMENT-STAGE AND FUTURE PRODUCTS

29.1. FitlyIQ may reference or make available information about Products that are in development, formulation, testing, or pre-launch stages.
29.2. The availability, composition, pricing, and launch timelines of such Products are subject to change and are not guaranteed.
29.3. FitlyIQ reserves the right to delay, modify, suspend, or cancel the launch or sale of any Product where reasonably required for regulatory, quality, manufacturing, or compliance reasons.

30. REGULATORY AND COMPLIANCE

30.1. FitlyIQ is committed to operating its supplement business in accordance with applicable South African laws and regulatory requirements relating to foodstuffs, health supplements, and wellness products.
30.2. Where required or appropriate, FitlyIQ intends to engage with, notify, or register Products with the South African Health Products Regulatory Authority (SAHPRA) in line with applicable regulatory frameworks.
30.3. You acknowledge that regulatory requirements and guidance may evolve over time, the availability or marketing of a Product does not constitute regulatory approval or endorsement unless expressly stated, and regulatory processes may require changes to formulations, labelling, claims, packaging, or product availability.
30.4. FitlyIQ reserves the right to amend, restrict, suspend, or withdraw Products where reasonably necessary to maintain regulatory compliance or respond to regulatory developments or directives.

31. FOOD SAFETY, QUALITY CONTROL, AND MANUFACTURING STANDARDS

31.1. FitlyIQ Products are manufactured, packaged, stored, and handled in accordance with applicable South African food safety and supplement-related regulations and recognised industry standards, as applicable at the time of manufacture.
31.2. FitlyIQ implements reasonable quality control and batch management measures, including batch identification and traceability, to support product consistency and safety.
31.3. Minor variations between batches may occur due to the nature of supplement manufacturing.

32. FORMULATION, TESTING, AND MANUFACTURING OVERSIGHT

32.1. FitlyIQ Products are formulated by FitlyIQ based on internal product specifications and wellness objectives.
32.2. FitlyIQ may engage independent, third-party laboratories to conduct analytical testing or quality assessments as part of its product development and quality control processes. Such testing is performed for internal evaluation purposes and does not constitute regulatory approval, certification, or endorsement.
32.3. Products are manufactured by external manufacturing partners in accordance with agreed specifications and applicable regulatory requirements. FitlyIQ retains oversight of product formulation, labelling, and regulatory positioning, but does not represent that external manufacturers or laboratories act as regulatory authorities or guarantors of product outcomes.
32.4. FitlyIQ may update formulations, testing protocols, or manufacturing partners where reasonably necessary to maintain quality standards or regulatory compliance.

33. PRODUCT AVAILABILITY AND CHANGES

33.1. Product availability is subject to stock levels, manufacturing capacity, regulatory considerations, and operational factors.
33.2. FitlyIQ may reformulate, modify, replace, or discontinue Products at any time where reasonably necessary.

34. RELATIONSHIP TO OTHER SECTIONS

34.1. Matters relating to payment and billing are governed by the General Terms of these Terms & Conditions.
34.2. Matters relating to shipping, delivery, returns, and refunds are governed by the applicable Shipping Policy and Returns & Refunds section.
34.3. Nothing in this section limits or excludes any rights available to consumers under the Consumer Protection Act, 68 of 2008, where applicable.

SECTION: SHIPPING & DELIVERY

35. SCOPE AND APPLICATION

35.1. This section governs the fulfilment, dispatch, delivery, and risk transfer of physical Products purchased through the Platform. It applies only to the shipping and delivery of physical Products within South Africa and sets out FitlyIQ’s responsibilities in relation to order preparation and dispatch, as well as the respective responsibilities of Users and third-party courier or delivery service providers.

36. SHIPPING COVERAGE AND FULFILMENT

36.1. FitlyIQ delivers physical products, including nutritional supplements, within South Africa only. International shipping is not currently offered.
36.2. All physical orders are fulfilled using third-party courier or delivery service providers appointed by FitlyIQ from time to time. FitlyIQ may change courier providers at its discretion without prior notice.
36.3. FitlyIQ is responsible for the preparation and dispatch of orders but does not operate delivery services directly.

37. ORDER PROCESSING AND DISPATCH

37.1. Orders are processed Monday to Friday, excluding South African public holidays. Orders placed before 12:00 (SAST) are typically processed within 1–2 business days.
37.2. Orders placed after 12:00, on weekends, or on public holidays are processed on the next business day.
37.3. Order processing includes verification, packaging, and handover to the appointed courier or delivery service provider.

38. DELIVERY TIMEFRAMES AND TRACKING

38.1. Estimated delivery times after dispatch are as follows: main centres 1–3 business days, and regional or outlying areas 2–5 business days. These delivery timeframes are estimates only, provided in good faith based on standard courier performance, and do not constitute guaranteed delivery dates.
38.2. FitlyIQ’s obligation is limited to the preparation and dispatch of orders within a reasonable time after confirmed payment. Once an order has been dispatched and handed over to the appointed courier or delivery service provider, delivery timing, transit performance, and tracking updates fall under the control of that courier.
38.3. Upon dispatch, the User will receive a shipment confirmation notification containing available tracking information. FitlyIQ does not control courier operations and shall not be responsible for delays, interruptions, or failures in delivery occurring after dispatch, provided that FitlyIQ has fulfilled its dispatch obligations in a timely manner.

39. DELIVERY ADDRESS RESPONSIBILITY AND FAILED DELIVERIES

39.1. Users are solely responsible for ensuring that all delivery details provided at checkout are accurate, complete, and accessible. FitlyIQ is not responsible for delays, failed deliveries, additional delivery charges, or returned shipments resulting from incorrect, incomplete, or inaccessible address information.
39.2. If delivery fails due to user-related issues, including but not limited to unavailable recipients, access restrictions, incorrect address details, or failure to respond to delivery attempts, re-delivery or return fees may apply and shall be for the User’s account.

40. RISK TRANSFER AND DELIVERY DELAYS

40.1. Risk of loss or damage to physical products transfers to the User upon confirmed delivery to the address supplied at checkout. FitlyIQ is not responsible for loss, theft, damage, or deterioration occurring after confirmed delivery.
40.2. FitlyIQ’s obligation is limited to the dispatch of orders. Delays caused by third-party couriers, weather conditions, regional access limitations, labour disruptions, or operational issues beyond FitlyIQ’s reasonable control do not constitute a breach of these Terms.

41. PRIVACY OF PERSONAL INFORMATION

41.1. Personal information required for shipping, including name, delivery address, contact number, and email address, is collected solely for order fulfilment and delivery purposes. Such information is shared only with appointed courier or delivery service providers to enable delivery and tracking.
41.2. FitlyIQ does not sell or disclose shipping-related personal information beyond what is operationally required. All shipping-related personal data is processed in accordance with the Protection of Personal Information Act, 4 of 2013 (POPIA) and FitlyIQ’s Privacy Policy.

SECTION: RETURNS & REFUNDS – PRODUCTS AND SUPPLEMENTS

42. SCOPE AND APPLICATION

42.1. Due to the nature of nutritional supplements and hygiene-sensitive goods, strict safety, quality, and regulatory controls apply. This section applies only to physical Products and does not apply to digital services, subscriptions, or platform access.

43. INSPECTION, ELIGIBILITY, AND RETURN RESTRICTIONS

43.1. Products must be inspected upon delivery. Any Products that appear damaged, defective, tampered with, or incorrectly supplied must not be used and must be reported promptly in accordance with this section.
43.2. For health, safety, and regulatory reasons, Products that have been opened, used, tampered with, partially consumed, or where safety seals have been broken cannot be returned or refunded.
43.3. Products are not eligible for return or refund due to change of mind, personal preference, taste, expectations, or dissatisfaction with results, except where required under applicable law.

44. DEFECTIVE PRODUCTS AND CLAIMS REQUIREMENTS

44.1. A replacement or refund may be considered only where a Product is materially defective, damaged during delivery, or incorrectly supplied. For the purposes of this section, a “defective Product” refers to a Product with a manufacturing fault, contamination, or packaging defect present at the time of delivery, and does not include issues arising from normal batch variation, improper storage, misuse, overuse, or failure to follow instructions.
44.2. Claims must be submitted within twenty-four (24) hours of confirmed delivery and must include clear photographic evidence of the Product, outer packaging, and any visible damage or defect. Failure to report within this timeframe may result in the claim being declined except where a longer period is required under applicable law.

45. ASSESSMENT, AUTHORISATION, AND REFUND PROCESSING

45.1. All return or refund requests are subject to review. FitlyIQ reserves the right to request additional information, batch details, or return of the Product for inspection where reasonably necessary before approving any refund or replacement.
45.2. Returns will be accepted only with prior written authorisation from FitlyIQ. Unauthorised returns may be refused or returned to the sender at the User’s cost.
45.3. Where a refund is approved, it will be processed within seven (7) to ten (10) business days and issued to the original payment method. Delivery and handling fees are non-refundable unless the issue arose due to an error on the part of FitlyIQ.

46. NO RESULTS-BASED REFUNDS

46.1. FitlyIQ does not guarantee weight loss, wellness, or health outcomes. Refunds will not be issued based on dissatisfaction with results, perceived effectiveness, or personal expectations.

47. CONSUMER PROTECTION ACT RIGHTS

47.1. Nothing in this section limits or excludes any rights you may have as a consumer under the Consumer Protection Act, 68 of 2008, where applicable.

SECTION: CUSTOMER SUPPORT & ISSUE RESOLUTION

48. SCOPE AND APPLICATION

48.1. This section governs the manner in which Users may submit feedback, support requests, complaints, and product-related concerns to FitlyIQ, as well as the process by which such submissions are received, assessed, and addressed. It establishes the authorised communication channels, conduct expectations, and internal resolution framework applicable to all customer interactions, without limiting any statutory rights available under applicable law.

49. HOW TO CONTACT FITLYIQ

49.1. All support requests, feedback, complaints, and product-related issues must be submitted via email to info@fitlyiq.com

50. MATTERS YOU MAY CONTACT US ABOUT

50.1. You may contact FitlyIQ regarding:
50.1.1. general feedback or suggestions,
50.1.2. product quality or safety concerns,
50.1.3. order, delivery, or billing issues,
50.1.4. dissatisfaction with services or products,
50.1.5. legal or regulatory communications.

51. ASSESSMENT AND RESOLUTION PROCESS

51.1. FitlyIQ will assess and categorise each submission internally to ensure appropriate handling.
51.2. FitlyIQ will acknowledge and review submissions within a reasonable time and may request additional information where required. Resolution timeframes depend on the nature and complexity of the issue.
51.3. Where a product appears damaged, defective, or compromised, it must not be used. Supporting information may be requested to assess the issue.

52. CONDUCT EXPECTATIONS AND ESCALATION

52.1. Customers are expected to communicate respectfully and in good faith. FitlyIQ does not accept or recognise support requests or complaints submitted via social media, messaging platforms, or public forums.
52.2. Nothing in this section limits statutory consumer rights. Customers are encouraged to allow FitlyIQ a reasonable opportunity to resolve issues internally before external escalation.