Terms of Service

Last updated: September 7, 2021

THIS AGREEMENT DESCRIBES THE TERMS OF SERVICE (the “TERMS”) UNDER WHICH YOU WILL USE THE TOOLS AND PLATFORM (the “SERVICES") AT FITNESS FACTORY APP, INC. (referred to as “FITNESS FACTORY”, “COMPANY”, “WE”, “US”, or “OUR”) AND ANY INFORMATION, TEXT, LINKS, GRAPHICS, PHOTOS, VIDEOS, OR OTHER MATERIALS UPLOADED, DOWNLOADED OR APPEARING ON THE SERVICES (collectively referred to as “CONTENT”). BY COMPLETING YOUR ONLINE REGISTRATION FOR FITNESSFAC.CA YOU AGREE TO ALL OF THE TERMS OF SERVICE SET OUT IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF SERVICE SET OUT IN THIS AGREEMENT, PLEASE DO NOT USE OUR SERVICES. We reserve the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the Services shall be subject to the current guidelines. If you have any questions that this guide does not answer, please email [email protected] as otherwise provided herein, this Terms of Service Agreement applies to all users of any context at Fitness Factory.

Who may use the Service

Age Requirements

You must be at least 13 years old to use the Service.

Permission by Parent or Guardian

If you are under 18, you represent that you have the approval of your parent or guardian to use the Service. Allow them to read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, you are subject to the terms of this Agreement and liable for your child's activity on the Service if you allow your child to use the Service.


If you are using the Service on behalf of a corporation or organization, you indicate that you have the power to act on their behalf and that they have agreed to this Agreement. A business account must be approved by Fitness Factory.

Your Use of the Service


Our Privacy Policy (https://fitnessfac.ca/privacy) describes how we handle the information you provide to us when you use our Services. You acknowledge that by using our Services, you agree to the collection and use of this information.

Permissions and Restrictions

You can access and use the Services made available to you as long as you comply with these Terms and applicable law.

The following restrictions apply to your use of the Services. You are not allowed to, attempt to do, enable, or encourage anyone else to do, any of the following:

  1. Copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service’s intended functionality.
  2. Reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service.
  3. Use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
  4. Use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
  5. Use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  6. Probe, scan, or test the vulnerability of our Services or any system or network.

Business accounts have permission to post external links for convenience and service purposes. If users are led to a third-party website or content, Fitness Factory is not liable for any fraudulent charges, transactions, and/or shared information through that site. Fitness Factory will terminate this account if deemed true to be fraudulent.

Code of Conduct

To ensure that we keep Fitness Factory Services useful, informative, and safe for everyone. By creating an account with our Services, you agree that you will follow the rules set forth below.

  1. Do not organize hate groups or use or promote hate speech.
  2. Do not organize groups with the intent to copyright, plagiarism, or commit any illegal activities under your legal jurisdiction.
  3. Do not create, upload, or share any images or other content that is racist or offensive to any ethnicity, gender identity, sexual orientation, nationality, or religion, or that disparages anyone based on their mental or physical ability, appearance, or other personal trait.
  4. Do not create, upload, or share any images or other content that is lewd or contains graphic sexual content or abhorrent violet material.
  5. Do not upload, post, or transmit any content that contains any viruses, worms, spyware, time bombs, or other computer programs that may damage, interfere with, or disrupt Fitness Factory Services.
  6. Do not be rude to, or abuse or threaten, our employees, agents, or representatives. If you do, in addition to any other actions we may take under these Terms, we may restrict you to contacting us by email or refuse to provide you with any further customer support.
  7. Do not upload, post, or transmit any content that may result in personal injury and/or mental distress, and that could be considered “dangerous” by someone of novice skill level.
  8. You agree to keep personal information (first name, last name, contact email, contact address, date of birth) as accurate, complete, and up to date.
  9. Users should not make multiple accounts for convenience, fraud, or increasing data on their performance on our Services.

Violations to our Code of Conduct will result in moderation action taken against your account. We may also notify law enforcement if the breach involves a threat to the life or safety or yourself or others, or any other activity that we believe to be unlawful.

Your Content

Copyright Protection

By uploading, posting or transmitting any content on our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, modify, adapt, publish, distribute such Content. Such uses of the Content you submit is made with no compensation paid to you, and you hereby agreed as being sufficient compensation for the Content and grant of rights herein.

You constitute and warrant that you have acquired all the rights, licenses, consents, approvals, powers and / or legal authority to supply the rights granted or any content material which you post on or through the Services. You agree that this content material does no longer comprise copyright or different proprietary rights unless you have the permission or are legally permitted to publish the content on our Services.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this to our designated copyright agent at [email protected].


Changes to these Terms

Fitness Factory reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Services or email.

Limitation of Liability

Fitness Factory shall in no way be liable for any damages resulted from a purchase inside of our application. Loss of profits, revenues, business opportunities (Such as potential mergers and acquisitions) or other punitive damages caused by:

  1. Any internal or external injury and/or damage to an individual, third party, or any other property resulting from your use of the service
  2. Any unauthorized access to or use of the service
  3. Any interruption or termination of the service
  4. Any content submitted by a user or Fitness Factory including your use of content and/or
  5. The removal or inaccessibility of any content

Fitness Factory and all their partners and/or affiliates limitation of liability for any damages issued on The Service cannot exceed the GREATER OF: 1) The total amount gained in a dollar amount from the user of The Service OR 2) $250 CAD


Fitness Factory is not responsible for any loss that you may have incurred on a purchase or transaction made on The Service. Other forms of damages incurred by the user from The Service are dealt with on behalf of the two parties of the transaction. Fitness Factory can only help you find the source of who took your payment information and attempt to act as an intermediary for your loss. If a user has been frauded, it will be up to us to ban the responsible party from our platform.

Contact Information

If you require any more information or have any questions about our Terms of Service Agreement, please feel free to contact us by email at [email protected].