Date of issue: 20 July 2025
Revision: 2
Welcome to FitlyIQ Terms of Use.
INTRODUCTION
1.1. These Terms of Use (“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 using the Platform, you agree to these Terms and accept that your use is governed entirely by South African law, including but not limited to the Electronic Communications and Transactions Act, the Consumer Protection Act, and the Protection of Personal Information Act (“POPIA”).
1.4. The Platform is in Beta testing and may include experimental or unstable features. By using it, you accept all risks and waive any claims for errors, AI outputs, or feature changes.
1.5. You may contact FitlyIQ only via email at info@fitlyiq.com or via the Platform’s internal messaging system.
2. INTERPRETATION & DEFINITIONS
2.1. In these Terms:
2.1.1. “User”, “you”, or “your” refers to any individual accessing or using the Platform.
2.1.2. “Content” includes all text, data, media, images, communications, and submissions on the Platform.
2.1.3. “Services” refers to all digital and physical products offered by FitlyIQ, including memberships, plans, supplements, AI-generated recommendations, and coaching sessions.
2.1.4. “Wellness” means a holistic approach to physical, emotional, and mental well-being through sustainable practices.
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. LEGAL CAPACITY & ACCEPTANCE
3.1. By accessing or using the FitlyIQ Platform, you confirm that you have read, understood, and accepted these Terms of Use, 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.
3.2. 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.
3.3. 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.
3.4. 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.
3.5. 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.
4. NO MEDICAL OR PROFESSIONAL ADVICE
4.1. The Platform does not provide medical, nutritional, therapeutic, or psychological advice. All content and AI-generated outputs are for informational purposes only.
4.2. You agree that:
4.2.1. You are solely responsible for your health decisions;
4.2.2. You must consult a licensed healthcare provider before acting on any recommendations;
4.2.3. No content on the Platform is intended to replace professional advice or diagnose or treat any condition;
4.2.4. FitlyIQ disclaims all liability for health outcomes, injuries, emotional distress, or reliance on AI suggestions.
4.3. FitlyIQ makes no guarantees regarding the suitability, safety, or effectiveness of any products or practices recommended through the Platform.
4.4. Any references to products or supplements, including affiliate links, are not endorsements. FitlyIQ may earn commissions on sales but does not assume any responsibility or liability for such products.
5. USER ACCOUNT AND CONDUCT
5.1. You are responsible for:
5.1.1. Maintaining accurate account information;
5.1.2. Safeguarding login credentials;
5.1.3. All activity under your account, whether authorised or not.
5.2. You may not:
5.2.1. Share your credentials;
5.2.2. Impersonate others;
5.2.3. Post unlawful, offensive, or infringing content;
5.2.4. Harass, threaten, or exploit users;
5.2.5. Introduce malware or attempt to interfere with Platform systems.
5.3. FitlyIQ reserves the right to suspend or terminate accounts at its discretion for any breach of these Terms or where your use presents legal, operational, or reputational risk.
5.4. You understand that user-generated content may be visible to other users on the Platform, including in public groups, feeds, or forums. You should not share personal or sensitive information unless you accept the risk of public visibility and misuse by others. FitlyIQ is not responsible for the actions of other users with respect to shared content.
6. PAYMENT, PRICING & REFUND POLICY
6.1. All purchases are subject to upfront payment. No service will be rendered without confirmed payment.
6.2. Pricing is subject to change without notice, applicable only to future purchases.
6.3. FitlyIQ is not VAT registered and does not issue VAT-compliant invoices.
6.4. Promotional offers may be limited in duration or eligibility.
6.5. Paid users are not entitled to retroactive compensation if a service is later discounted or offered for free.
6.6. All purchases are final and non-refundable. This includes:
6.6.1. Early account cancellations;
6.6.2. Termination due to misconduct;
6.6.3. Service dissatisfaction or non-use.
6.7. Exceptions apply only where required under South African law.
6.8. Nothing in these Terms shall exclude or limit any rights you may have as a consumer under the Consumer Protection Act, 68 of 2008, if applicable.
7. THIRD-PARTY PRODUCTS & AFFILIATES
7.1. FitlyIQ may recommend third-party products via affiliate links. These are provided as-is, and:
7.1.1. FitlyIQ is not the seller or manufacturer;
7.1.2. FitlyIQ does not guarantee quality, ingredients, labelling accuracy, safety, or delivery;
7.1.3. FitlyIQ is not responsible for side effects, allergic reactions, or harm caused by these products;
7.1.4. FitlyIQ disclaims all liability for packaging, claims, and support issues.
7.2. Any disputes regarding delivery, returns, or refunds must be resolved with the third-party supplier.
7.3. You accept full responsibility for using or purchasing such products.
8. PLATFORM FEATURES & AI LIMITATIONS
8.1. The Platform uses AI technologies to generate suggestions. These are machine-generated without human review.
8.2. You acknowledge that:
8.2.1. AI outputs are for informational purposes only;
8.2.2. Misuse of AI (e.g. misleading prompts) may result in inappropriate or harmful outputs;
8.2.3. AI-generated responses may simulate professional coaching, but they do not represent advice from licensed professionals;
8.2.4. FitlyIQ disclaims liability for health consequences, emotional harm, or financial loss arising from AI use.
8.3. The AI system is in Beta and subject to unpredictability. You assume all risks from its use.
8.4. If any individual AI module or third-party fails, it does not invalidate these Terms.
9. CONTENT MODERATION & PLATFORM USE
9.1. You retain ownership of your content.
9.2. By submitting content, you grant FitlyIQ a perpetual, royalty-free, global licence to use, adapt, share, and distribute such content in connection with the Platform and its services. This includes the right to use your image and name where applicable.
9.3. You confirm you have the right to post such content and indemnify FitlyIQ against claims arising from your submissions.
9.4. FitlyIQ reserves the right, at its sole discretion, to monitor, edit, restrict, or remove any User Content at any time without obligation or prior notice. This includes content deemed harmful, unlawful, abusive, misleading, offensive, or in breach of these Terms or applicable law.
9.5. While FitlyIQ may take such action when necessary, it is not obligated to pre-screen or actively moderate all content and disclaims all liability for any material submitted by users.
10. INTELLECTUAL PROPERTY
10.1. FitlyIQ owns all rights, title, and interest in the Platform, its content, tools, AI systems, code, design, branding, databases, and infrastructure.
10.2. You may not:
10.2.1. Reproduce, copy, or redistribute Platform materials;
10.2.2. Reverse engineer or tamper with source code;
10.2.3. Use FitlyIQ’s branding without written consent;
10.2.4. Circumvent any technical protection measures.
10.3. Feedback submitted to FitlyIQ may be used without attribution or compensation.
10.4. Breach may result in termination, legal action, and liability for damages.
11. PRIVACY
11.1. 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.
11.2. You may access or update your data and privacy preferences via your account settings.
11.3. 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.
12. LIMITATION OF LIABILITY
12.1. Platform Use
12.1.1. FitlyIQ is not liable for any personal injury, illness, financial loss, lost profits, or business disruption arising from the use of the Platform.
12.1.2. We accept no responsibility for data breaches, data corruption, or emotional or psychological harm caused through the use of our Services.
12.1.3. All services are provided “as is” and “as available,” with no express or implied warranties, including those related to fitness for a particular purpose or expected outcomes.
12.1.4. FitlyIQ does not guarantee specific health, weight loss, or wellness results.
Individual outcomes vary and depend on personal effort, lifestyle, and factors beyond FitlyIQ’s control.
12.2. Reliance on AI and Third-Party Content
12.3. Use of AI-generated recommendations is entirely at your own risk.
Any decisions or purchases made based on AI suggestions are your responsibility.
12.4. The Platform may include links to third-party websites, tools, or platforms not owned or operated by FitlyIQ.
12.5. We do not endorse, monitor, or control any third-party content or services.
We are not responsible for the accuracy, availability, safety, or practices of third-party platforms.
12.6. Liability Limits and User Responsibility
12.7. FitlyIQ’s total liability is limited to the amount you paid, if any, during the month prior to the claim.
12.8. We disclaim all responsibility for harm, malware, data breaches, or offensive material originating from third-party sources.
12.9. You are responsible for reviewing and accepting the terms and conditions of any third-party service you use.
12.10. By using the Platform, you agree to release and hold FitlyIQ harmless from all claims related to third-party content or services accessed through the Platform.
13. TERMINATION
13.1. FitlyIQ may suspend or permanently revoke access at its discretion for any reason, including breaches or risk factors.
13.2. No refunds or compensation will be provided upon termination.
14. FORCE MAJEURE
14.1. FitlyIQ is not responsible for delays or service disruption due to factors beyond its control, including but not limited to natural disasters, power outages, or third-party platform failures.
15. CONFIDENTIALITY
15.1. You agree to maintain the confidentiality of all proprietary, technical, or commercially sensitive information shared through the Platform.
15.2. This obligation survives termination.
16. GOVERNING LAW & DISPUTES
16.1. These Terms are governed by the laws of the Republic of South Africa.
16.2. All disputes must first be resolved through negotiation. If unsuccessful, they shall be referred to confidential arbitration in Cape Town under the rules of AFSA.
16.3. Class actions are strictly prohibited. Claims must be brought individually.
16.4. FitlyIQ reserves the right to seek urgent relief in court to protect its legal rights.
16.5. Without limiting the above, any action by FitlyIQ to enforce its rights or seek injunctive relief may be brought before the courts of the Western Cape, South Africa. You agree to submit to the jurisdiction of these courts.
17. GENERAL PROVISIONS
17.1. Business-related communications and legal notices must be directed to info@fitlyiq.com.
17.2. No waiver shall be binding unless in writing. If any clause is invalid, the remainder of the Terms remains enforceable.
17.3. These Terms constitute the entire agreement between you and FitlyIQ, superseding all prior communications.
17.4. The unenforceability of any service-specific clause, feature, or third-party integration shall not affect the enforceability of the remainder of these Terms.
18. INDEMNITY
18.1. You agree to indemnify, defend, and hold harmless FitlyIQ, its directors, officers, employees, affiliates, licensors, and agents from and against all claims, losses, damages, liabilities, costs, or expenses (including legal fees) arising out of or relating to:
18.1.1. Your use or misuse of the Platform;
18.1.2. Your breach of these Terms;
18.1.3. Your violation of any rights of another person or entity, including third-party suppliers or Platform users.
18.2. This indemnity shall survive the termination or expiry of these Terms and your use of the Platform.
19. CONTACT
19.1. For queries or legal correspondence, email info@fitlyiq.com.