Terms of Service

By accessing or using FitmentOS, you agree to these Terms of Service. If you use FitmentOS for an organization, you represent that you have authority to bind that organization, and “you” includes that organization. If you do not agree, do not use the services.

FitmentOS is intended for business users who can form a binding contract. You are responsible for providing accurate account information, safeguarding credentials, and all activity under your account.

You must promptly notify us if you suspect unauthorized access or a security incident involving your account.

Paid services, usage limits, fees, subscription periods, support commitments, and other commercial terms may be described in an order form, statement of work, or other written agreement. If that agreement conflicts with these terms, the signed agreement controls for the conflicting subject matter.

Unless otherwise stated in a written agreement, fees are non-refundable except where required by law. You are responsible for applicable taxes other than taxes based on our income.

You must comply with our Acceptable Use Policy, which is incorporated into these terms. Among other things, you may not use the services to violate law, infringe rights, compromise security, access data without authorization, disrupt systems, send abusive communications, or misuse connected commerce platforms.

You may not reverse engineer or attempt to discover source code except where this restriction is prohibited by law, or resell or sublicense the services unless we authorize it in writing.

You retain ownership of data you submit to the services. You grant FitmentOS the limited rights necessary to host, process, transmit, and display that data to provide, secure, support, and improve the services.

You are responsible for your data, including its accuracy, legality, and the permissions needed for us to process it. Our handling of personal information is described in our Privacy Policy.

FitmentOS and its licensors own the services, software, documentation, branding, and related intellectual property. Subject to these terms and any applicable order form, we grant you a limited, non-exclusive, non-transferable right to use the services during your authorized subscription or access period.

If you provide feedback or suggestions, you grant us the right to use them without restriction or compensation, provided we do not identify you publicly as the source without permission.

The services may connect to third-party marketplaces, carriers, payment providers, or commerce platforms. Third-party services are governed by their own terms and policies. FitmentOS is not responsible for third-party services or for changes, suspension, or loss of access caused by them.

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect confidential information and use it only to perform or receive the services. These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or rightfully received without a duty of confidentiality.

We may suspend or terminate access if you materially breach these terms, create a security or legal risk, fail to pay amounts due, or use the services in a way that could harm FitmentOS, our customers, or third parties.

Upon termination, your right to use the services ends. Provisions that by their nature should survive termination will survive, including ownership, confidentiality, disclaimers, liability limits, and payment obligations.

To the maximum extent permitted by law, the services are provided “as is” and “as available.” We disclaim implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the services will be uninterrupted or error-free. Nothing in these terms excludes warranties that cannot legally be excluded.

To the maximum extent permitted by law, FitmentOS will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data. FitmentOS’s total liability arising from the services will not exceed the amounts you paid to FitmentOS for the services during the 12 months before the event giving rise to the claim. These limits do not apply where liability cannot legally be limited.

We may update these terms from time to time. We will post the revised terms and update the effective date. Material changes will apply prospectively, and we will provide additional notice when required. Continued use after the updated terms take effect constitutes acceptance of the changes.

Questions about these terms may be sent to sales@fitmentos.com.