Terms of Service

Agreement to Terms

By accessing or using eFit Software ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service. These Terms apply to all visitors, users, students, instructors, and institutions who access or use the Service.

Description of Service

eFit Software is a physical education management platform that provides fitness tracking, automated grading, fitness assessments, and related educational tools for colleges, universities, and K-12 schools. The Service may include features such as activity tracking, AI-generated content, LMS integration, and reporting tools.

User Accounts

When you create an account with us, you must:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Immediately notify us of any unauthorized use of your account

You may not use as a username the name of another person, a name that is unlawful, or a name that infringes on trademarks. We reserve the right to refuse service, terminate accounts, or remove content at our discretion.

Student Users

Students using eFit through their educational institution agree to:

• Use the Service honestly and not attempt to manipulate or falsify activity data
• Connect only their own fitness devices and accounts
• Understand that their activity data will be shared with their instructor
• Comply with their institution's academic integrity policies

Instructor and Institutional Users

Instructors and institutions using eFit agree to:

• Use student data only for legitimate educational purposes
• Comply with FERPA and other applicable privacy laws
• Not share student data with unauthorized parties
• Inform students about the use of eFit in their courses
• Provide appropriate accommodations for students with disabilities

Payment Terms

Student Fees: Students pay a one-time fee per course. The fee covers access for the duration of the course plus 30 days.

Institutional Subscriptions: Enterprise customers pay according to their negotiated agreement.

Refunds: Students may request a full refund within 14 days of purchase. After 14 days, refunds are evaluated on a case-by-case basis. Contact support@efitsoftware.com for refund requests.

Acceptable Use

You agree not to use the Service to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware or harmful code
• Attempt to gain unauthorized access to systems
• Falsify activity data or impersonate others
• Use automated tools to access the Service without permission
• Interfere with the proper operation of the Service
• Collect user information without consent

Intellectual Property

The Service and its original content, features, and functionality are owned by eFit Software, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of any content you submit to the Service. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content in connection with providing the Service.

Third-Party Integrations

The Service integrates with third-party platforms (Fitbit, Garmin, Google Fit, Apple Health, various LMS platforms). Your use of these integrations is subject to the terms and privacy policies of those third parties. We are not responsible for the content, accuracy, or practices of third-party services.

AI-Generated Content

The Service includes AI-generated workout plans, meal plans, and other content. This content is provided for informational purposes only and should not be considered medical, nutritional, or fitness advice. Users should consult with healthcare professionals before starting any new fitness or nutrition program. eFit is not liable for any injuries or health issues that may result from following AI-generated recommendations.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY OF FITNESS DATA RECEIVED FROM THIRD-PARTY DEVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFIT SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless eFit Software and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

Termination

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination shall survive.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Travis County, Texas.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

Contact Us

If you have any questions about these Terms, please contact us: