TERMS OF USE

Last updated March 20, 2026

1. AGREEMENT TO OUR LEGAL TERMS

We are FitKit ("Company," "we," "us," "our"), a company registered in Israel at 28 Alonim St, Apt 70, Netanya 4256542. We operate the website https://fitkit.fit (the "Site"), the mobile application fitkit (the "App"), and all related products and services that refer to these legal terms (collectively, the "Services").

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "Customer"), and FitKit, regarding your access to and use of the Services. By accessing the Services, you agree to be bound by these Legal Terms.

2. CANCELLATION AND REFUNDS (CONSUMER PROTECTION LAW)

In accordance with the Israeli Consumer Protection Law, 1981, a customer may cancel a remote sales transaction within 14 days of the transaction date or from the date of receiving the disclosure document, whichever is later.

  • Subscription Cancellation: You may cancel at any time with a 30-day prior notice. Billing will cease at the end of the notice period.
  • Cancellation Fees: In case of cancellation within the first 14 days as stated by law, a cancellation fee of 5% of the transaction price or 100 ILS (whichever is lower) will be deducted.
  • Cancellation notices must be sent in writing to support@fitkit.fit.

3. DIRECT MAILING AND MARKETING COMMUNICATIONS (SPAM LAW)

By approving these terms, you provide your express consent to receive advertisements, updates, and marketing communications from the Company via email, SMS, or any other means of communication, in accordance with Section 30A of the Communications Law (Telecommunications and Broadcasting), 1982 ("Spam Law").

You may revoke your consent to receive marketing communications at any time by sending a refusal notice to the Company's email address or by using the "unsubscribe" mechanism appearing in any marketing message.

4. SERVICES AND SYSTEM AVAILABILITY (SLA)

The Services are provided on an "AS-IS" and "AS-AVAILABLE" basis. We aim to maintain maximum system availability, but we do not guarantee that the Services will be free from faults, errors, or interruptions.

FitKit shall not be liable for any damage, direct or indirect, resulting from system downtime due to scheduled maintenance, internet outages, or factors beyond our direct control (e.g., third-party cloud services).

5. SUPPORT SERVICES

FitKit support services are available Sunday through Thursday, between 09:00 and 18:00 (Israel Time), via email at support@fitkit.fit or through the built-in system chat.

On Fridays, Saturdays, and holidays, support is limited to critical system failures (Critical/System Down) and provided via email only. FitKit reserves the right to modify support hours and communication channels at its sole discretion.

6. DATA OWNERSHIP AND BACKUP

Data entered into the system by the Customer (e.g., member details, training history, etc.) is fully owned by the Customer. FitKit acts solely as a data processor.

It is the Customer's responsibility to perform periodic backups of their data. While FitKit performs backups for disaster recovery purposes, it shall not be liable for the loss of a specific customer's data for any reason.

Upon termination, the Customer may export their data independently at no additional cost. Requests for manual data export by our team may incur a handling fee of 2,000 ILS plus VAT.

7. DATA PROCESSING ADDENDUM (DPA)

As part of providing the Services, FitKit may process personal data for the Customer. FitKit undertakes to:

  • Process data solely for providing the Services and according to Customer instructions.
  • Implement appropriate technological and organizational security measures to protect the data.
  • Ensure that all employees accessing the data are bound by confidentiality.
  • Assist the Customer in fulfilling their obligations under privacy protection laws (e.g., responding to data subject requests).
  • Notify the Customer of any personal data breach within 72 hours of becoming aware of it.
  • Delete or return all personal data to the Customer upon termination of the Services.

Sub-Processors: FitKit uses the following sub-processors to deliver the Services:

  • Clerk (clerk.com) — User authentication and identity management
  • Neon (neon.tech) — Database hosting (PostgreSQL, EU/US regions)
  • Cloudflare R2 (cloudflare.com) — File and media storage
  • Sentry (sentry.io) — Error monitoring and performance tracking
  • PostHog (posthog.com) — Product analytics
  • Payment processors — iCredit, Meshulam, Morning (Israeli clearing providers)

Audit Rights: Customers may request a summary of our security practices and sub-processor list by contacting support@fitkit.fit. FitKit will respond within 30 days.

8. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Services, including source code, design, trademarks, and content produced by the Company, belong exclusively to FitKit. It is strictly forbidden to copy, modify, reverse engineer, or distribute any part of the system without prior written permission.

9. PURCHASES AND PAYMENTS

We accept payments via credit cards (Visa, Mastercard) and Israeli clearing providers. All prices shown are exclusive of VAT unless stated otherwise. Payments shall be made in Israeli Shekels (ILS). FitKit reserves the right to update prices with a 30-day prior notice.

10. LIMITATION OF LIABILITY

The total liability of FitKit toward the Customer for any cause whatsoever shall be limited to the cumulative amount paid by the Customer to FitKit during the three (3) months preceding the date of the event giving rise to the claim. In no event shall FitKit be liable for consequential damages, loss of profits, or damage to reputation.

11. TERMINATION

Either party may terminate the agreement with a 30-day prior notice. In case of a fundamental breach of terms, FitKit may suspend or terminate access to the Services immediately.

11a. AGE REQUIREMENTS

You must be at least 16 years of age to use the Services. If you are between 16 and 18 years of age, you may use the Services only with the consent and supervision of a parent or legal guardian. By using the Services, you represent that you meet these age requirements.

11b. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by, and construed in accordance with, the laws of the State of Israel, without regard to its conflict of laws provisions.

Dispute Resolution: Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms through good-faith negotiation and mediation. If the dispute cannot be resolved within 30 days of the initial mediation request, either party may seek resolution through the courts.

Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Netanya, Israel. Each party hereby consents to the personal jurisdiction of such courts.

Reference to Additional Policies: Your use of the Services is also subject to our Fitness & Health Waiver and our Acceptable Use Policy, both of which are incorporated herein by reference.

12. CONTACT US

For any questions or inquiries, please contact us at:

FitKit
28 Alonim St, Apt 70
Netanya, Israel 4256542
Phone: 052-7022391
Email: support@fitkit.fit