Terms of Service

Last updated: January 2025

1. Acceptance of Terms

By accessing or using FitPlum's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Description of Service

FitPlum provides a product-market fit measurement and analysis platform that helps companies survey their users, analyze responses, and generate actionable insights. Our services include survey distribution, data collection, analytics, and reporting tools.

3. User Accounts

To use our services, you must:

  • Provide accurate, current, and complete information
  • Maintain the security of your account credentials
  • Promptly update any changes to your information
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

4. Acceptable Use

You agree not to:

  • Use the service for any unlawful purpose or in violation of any regulations
  • Send spam, unsolicited surveys, or harass survey respondents
  • Collect sensitive personal information without proper consent
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the service or servers
  • Reverse engineer or attempt to extract the source code
  • Use automated systems or software to extract data without permission

5. Intellectual Property

The service and its original content, features, and functionality are owned by FitPlum and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You retain ownership of the data you submit to our service.

6. User Content and Data

By using our service, you grant FitPlum:

  • A license to use, process, and analyze your data to provide the services
  • The right to generate aggregated, anonymized insights for product improvement
  • Permission to store and backup your data in accordance with our Privacy Policy

You represent and warrant that you have all necessary rights and consents to submit user data to our platform.

7. Payment Terms

For paid services:

  • Fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • You authorize us to charge your payment method for all fees
  • Price changes will be notified 30 days in advance
  • Failure to pay may result in service suspension or termination

8. Service Level and Support

While we strive for 99.9% uptime, FitPlum does not guarantee uninterrupted or error-free service. We provide support via email during business hours and will use commercially reasonable efforts to address issues promptly.

9. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and not to use such information except as necessary to perform under these terms.

10. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FITPLUM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

IN NO EVENT SHALL FITPLUM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless FitPlum and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of your use of the service or violation of these terms.

13. Termination

Either party may terminate these terms at any time. Upon termination, your right to use the service will immediately cease. All provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, and limitations of liability.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Delaware.

15. Changes to Terms

We reserve the right to modify these terms at any time. Material changes will be notified to users via email or through the service. Continued use after changes constitutes acceptance of the modified terms.

16. Entire Agreement

These Terms constitute the entire agreement between you and FitPlum regarding the use of the service, superseding any prior agreements.

17. Contact Information

For questions about these Terms of Service, please contact us at:

  • Email: legal@fitplum.com
  • Address: FitPlum, Inc., Los Angeles, CA
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