Terms of Service

1. Acceptance of Terms

By creating an account, placing an order, or using FitSmart services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using FitSmart, you represent and warrant that you meet these requirements.

3. Account Registration

• You are responsible for maintaining the confidentiality of your account credentials
• You agree to provide accurate, current, and complete information during registration
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these terms

4. Meal Plans & Subscriptions

• We offer weekly and monthly subscription plans for healthy meal delivery
• Meals are delivered according to your selected plan and schedule
• Subscription plans automatically renew unless cancelled
• You can pause, modify, or cancel your subscription through your account dashboard
• Changes to subscriptions require at least 24 hours' notice before the next delivery
• We reserve the right to modify meal plans, prices, or availability with reasonable notice

5. Payments & Billing

• All payments must be made in advance via credit card, debit card, or other accepted payment methods
• We use Stripe for secure payment processing
• Prices are displayed in Canadian Dollars (CAD) and include applicable taxes (HST/GST)
• Subscription fees are charged according to your selected billing cycle
• Failed payments may result in service suspension until payment is resolved
• Refunds are subject to our Cancellation & Refund Policy
• We reserve the right to change prices with 30 days' notice to existing subscribers

6. Cancellations & Modifications

• Subscriptions can be paused, modified, or cancelled through your account dashboard
• Changes require at least 24 hours' notice before the next scheduled delivery
• Same-day cancellations are not accepted due to fresh ingredient preparation
• Refunds for unused portions are subject to our Cancellation & Refund Policy
• Cancelled subscriptions will not renew, but you remain responsible for charges already incurred

7. Delivery

• Meals are delivered to the address provided in your account
• You are responsible for ensuring accurate delivery information
• Delivery times are estimates and may vary due to traffic, weather, or other factors
• We will communicate any significant delays
• You must be available to receive deliveries or provide alternative arrangements
• We are not responsible for meals left unattended that spoil or are stolen
• Delivery areas are subject to availability - see our Shipping & Delivery Policy for details

8. Food Safety & Quality

• We prepare meals using fresh, quality ingredients following food safety standards
• Meals should be refrigerated immediately upon delivery
• Consume meals within the recommended time frame indicated on packaging
• Report any quality or safety concerns within 2 hours of delivery
• We are not liable for illness resulting from improper storage or handling after delivery
• Allergen information is provided, but cross-contamination may occur in our kitchen

9. Health Disclaimer

10. User Conduct

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Infringe on intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use automated systems to access our website without permission
• Impersonate others or provide false information

11. Intellectual Property

• All content on our website, including text, graphics, logos, images, and software, is owned by FitSmart or our licensors
• You may not reproduce, distribute, modify, or create derivative works without our written permission
• You retain ownership of content you submit, but grant us a license to use it for service provision

12. Limitation of Liability

13. Indemnification

You agree to indemnify and hold FitSmart, its officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms of Service
• Your violation of any rights of another party
• Your violation of any applicable laws

14. Termination

• You may terminate your account at any time through your account settings
• We may suspend or terminate your account if you violate these terms
• Upon termination, your right to use our services immediately ceases
• We may delete your account and data in accordance with our Privacy Policy
• Provisions that by their nature should survive termination will remain in effect

15. Dispute Resolution

For residents of Canada:

• These Terms are governed by the laws of Canada and the province in which you reside
• Any disputes will be resolved through good faith negotiation
• If negotiation fails, disputes will be resolved through binding arbitration in accordance with Canadian arbitration laws
• You waive any right to participate in a class-action lawsuit or class-wide arbitration

16. Changes to Terms

• We reserve the right to modify these Terms of Service at any time
• Material changes will be communicated via email or website notice
• Continued use of our services after changes constitutes acceptance
• If you do not agree to changes, you must stop using our services and cancel your account

17. Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, labor disputes, or supply chain disruptions.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and other policies referenced herein, constitute the entire agreement between you and FitSmart regarding the use of our services.

20. Contact Information