Please read this document carefully. These Terms and Conditions Agreement is an important legally binding document.
Effective date: 01.15.2025
Welcome to FitWise AI, Inc.!
FitWise AI, Inc. (“FitWise AI”) maintains and operates the FitWise (“Application”, “Service”). By using the Platform, you confirm that you have read, understand, and agree to these terms and conditions (“Terms and Conditions”). If you do not agree to this Agreement, please do not use the Application. If you have any questions connected with the present Terms and Conditions, please contact us at anna@thefitwise.ai.
What is a FitWise
FitWise is a pose tracking technology that captures and analyzes person’s pose and body shape in 3D using SMPL (Skinned Multi-Person Linear model). This enhanced approach has several advantages, including the ability to provide more detailed feedback, improved accuracy in computing repetitions, and the potential to develop advanced AI-driven fitness trainer applications.
At the moment Service is divided into 2 separate applications.
To predict the pose, you don’t need to log in or create an account, just upload your video and insert your email to see the results. In a few minutes you will receive a result as a link to your email. You will receive the result free of charge.
To measure a body you need to log in with the help of your Google account and upload two photos according to the instructions on the web-site. After uploading photos you will see the result directly on your screen in the Application link.
About the Data
Means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Is the data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
Means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
Means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
is any living individual who is the subject of Personal Data.
Is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
What data will be collected?
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include:
Upon your consent we will also collect photos and videos you will send to us. We will use them together with your measurements in order to improve the Service. Upon receipt they will be stored on Google Cloud Storage.
We may use your Personal Data, insights and outcomes from your use of the services to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
Intellectual property rights
You are acknowledged and agree that the FitWise, including but not limited to its graphics, user interface and software used to implement the Platform contain proprietary information and material that is owned by FitWise AI is protected by applicable intellectual property and other laws, including but not limited to copyright law and patent laws. You agree that you will not use such proprietary information or materials in any way whatsoever except as part of your authorized use of the Application. The Application is not to be reproduced in any form or by any means. You agree not to modify, rent, loan, sell, or distribute any part of the Application in any manner, and you shall not use Application in any manner not expressly authorized by FitWise AI in the applicable license.
Warranty disclaimer
FitWise AI makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We make no representations or warranties regarding suggestions or recommendations of Service. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL FITWISE AI BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DIRECT OR INDIRECT, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
In case we suspect an unlawful or breaching third-parties rights activity on your account, we are entitled to block your account and stop providing the Services to you without any refund of the services paid in advance.
This Agreement governs the relationship between you and FitWise AI while using the FitWise. It doesn’t create third party beneficiary rights. If it turns out that any particular term is enforceable, this will not affect any other part of the Agreement.
