Version	Comments
	Mar 21, 2019	New Terms of Service have been posted. Here is a summary of changes: https://help.fitbit.com/articles/en_US/Help_article/2243
	Oct 6, 2015	New paragraph added to "Who Can Use Fitbit?"; Other sections changed: "Things You Cannot Do On The Fitbit Service", "Use The Fitbit Service At Your Own Risk", and "Consult Your Doctor Before Using The Fitbit Service".
This version has been updated silently, without a change to the posted "last modified" date. This means that without ParanoidPaul, you wouldn't have known the document was updated! The date displayed for this row is when ParanoidPaul detected the change.	May 13, 2015	The section "Disclaimers" has been updated.
	Dec 18, 2014	A completely new version has been published. Previously entitled "Terms of Use" (now "Terms of Service").
This version has been updated silently, without a change to the posted "last modified" date. This means that without ParanoidPaul, you wouldn't have known the document was updated! The date displayed for this row is when ParanoidPaul detected the change.	Oct 29, 2014	A completely new section on "Dispute Resolution" has been added. This is a silent update.
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TERMS OF SERVICE

	Date	New! We recently revised these Terms. Please review the summary of Last Update: October 6, 2015changes and updated Terms below. You can find the earlier Terms in our archive. 

	Fitbit designs products and tools that track everyday health and fitness to empower and inspire users to lead healthier, more active lives. These Terms of Service (“Terms”) govern your use of our personal fitness and electronic body monitoring products, our websites, including www.fitbit.com, the software embedded in Fitbit devices, the Fitbit Connect software, the Fitbit mobile applications, memberships and other Fitbit services (collectively, the “Fitbit Service”). EFFECTIVE: SEPTEMBER 18, 2018

	You must accept these Terms to create a Fitbit account	Fitbit designs products and to use the Fitbit Service. Iftools that help you do not have an account,achieve your health and fitness goals and empower and inspire you accept theseto lead a healthier, more active life. These Terms by visiting www.fitbit.com or using any partof Service (“Terms”) apply to your access and use of the Fitbit Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.FITBIT.COM OR USE THE FITBIT SERVICE.The “Fitbit Service” includes our devices including associated firmware, applications, software, websites, APIs, products, and services. 

THESE TERMS MAY CHANGE	If you live in the European Economic Area, the United Kingdom or Switzerland, these Terms are an agreement between you and Fitbit International Limited, an Irish company with its registered office at 76 Lower Baggot Street, Dublin 2, Ireland. If you reside elsewhere, these Terms are an agreement between you and Fitbit, Inc., 199 Fremont Street, 14th Floor, San Francisco, CA 94105 U.S.A. When the Terms mention “Fitbit,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Fitbit Service. 

	These	You must accept these Terms will change over time. If we make minor changes to create a Fitbit account and to access or use the Fitbit Service. If you do not have an account, you accept these Terms without materially changing your rights, we will post the modified Terms on www.fitbit.com. We will notify you by email, throughusing any part of the Fitbit Service, or by presentingService. If you with a new Terms of Service todo not accept if we make a modification that materially changes your rights. When youthese terms, do not create an account or use the Fitbit Service after a modification is posted, you are telling us that you accept the modified terms.Service. 

READ OUR PRIVACY POLICY	Your use of Fitbit Pay, our live coaching services, or any of our paid services are subject to additional terms and conditions, which are incorporated into these Terms: 

	Any information that Fitbit collects through your usePay Terms of the Fitbit Service is subject to the Fitbit Privacy Policy, which is partLive Coaching Terms of these Terms. Service
 	 Fitbit Terms for Paid Services

WHO CAN USE FITBIT?1. READ OUR PRIVACY POLICY

	You may use	For information about our data practices, please see our Privacy Policy, including our Cookie Use statement. By accessing or using the Fitbit Service ifService, you are over 13 years of ageagree that we can collect and are not barred from receiving services under applicable law. You may connect to the Fitbit Service using a device that is manufactured, distributed, or sold by or on behalf of Fitbit; the Fitbit mobile applications; the Fitbit Connect software; approved third-party applications; or www.Fitbit.com (“Authorized Connections”). You may not connect to the Fitbit Serviceuse your information in accordance with any device that is not manufactured, distributed, or sold by or on behalf of Fitbit (such as a knock off or counterfeit version of a Fitbit Product); otherwise intends to resemble or purports to be a Fitbit Product; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Fitbit Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact brandprotection@fitbit.com.Privacy Policy. 

CREATING AN ACCOUNT2. USE OF THE FITBIT SERVICE

	Full use	Persons under the age of 13, or any higher minimum age in the Fitbit Service requiresjurisdiction where that you create an account by providing us with a valid email address and strong password. Youperson resides, are responsible for all activity that occursnot permitted to access or use the Fitbit Service unless their parent has consented in associationaccordance with your account.applicable law. Additionally, you cannot access or use the Fitbit is not liable for any lossService if you are barred from receiving services under applicable law or damages caused by your failure to maintainhave previously been suspended or removed from the confidentiality of your account credentials.  Fitbit Service. 

	We	You may needonly connect to contact you about your use of the Fitbit Service. These communications are part of the Fitbit Service using (i) a device that is manufactured, distributed, or sold by Fitbit itself or through its authorized resellers or agents; (ii) our mobile applications and yousoftware, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keepconnect to the Fitbit Service with any device that is not manufactured, distributed, or sold by Fitbit itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Fitbit device); otherwise intends to resemble or purports to be a Fitbit device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your email address up-to-date from your account settings.ability to access the Fitbit Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact brandprotection@fitbit.com. 

NECESSARY EQUIPMENT3. CREATING AN ACCOUNT

	Full use of the Fitbit Service is dependent uponrequires that you create an account by providing us with information such as your use offull name and a computervalid email address, as well as a strong password. You are responsible for all activity that occurs in association with adequate softwareyour account. Fitbit is not liable for any loss or a supported mobile device and Internet access. The maintenance and security of this equipment may influencedamages caused by your failure to maintain the performanceconfidentiality of your account credentials. Please contact Customer Support if you discover or suspect any security breach related to the Fitbit Service and it isor your responsibility to ensure the equipment’s functionality.account. 

POSTING YOUR CONTENT ON THE FITBIT SERVICE4. NECESSARY EQUIPMENT

	You may post photos, exercise regimens, food logs, recipes, comments, and other content (“Your Content”) to	Full use of the Fitbit Service. You retain all rights to Your Content that you post to the Fitbit Service. By making Your Content available onService is dependent upon your use of a computer with adequate software or througha supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Fitbit Service you grantand it is your responsibility to Fitbit a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connectionensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with operating and providing the Fitbit Service.your Internet provider for information on possible Internet data usage charges. 

	You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Fitbit Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances. 5. POSTING YOUR CONTENT ON THE FITBIT SERVICE

	You also agree	Fitbit may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via the Fitbit Service. You retain all rights to Your Content that you post to the Fitbit Service. By making Your Content will comply withavailable on or through the Fitbit Service you hereby grant to Fitbit a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the following community guidelines:Fitbit Service. 

 	 Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they	You are wrong or deserve to be belittled. Rememberresponsible for Your Content. You represent and warrant that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
 	 Do not post profaneown Your Content or explicit content.
 	 Do not post profile pictures that might be considered inappropriate.
 	 Do not post communications that could be interpretedyou have all rights necessary to grant us a license to use Your Content as threatening or harassing.
 	 Do not post, advertise, or promote products or services commercially.described in these Terms. 

FITBIT’S RIGHTS	You represent and warrant that Your Content, the use and provision of Your Content on the Fitbit Service, and your use of the Fitbit Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances. 

	“Fitbit Content” includes	You further agree not to (1) upload any text, graphics, images, music, software, audio, video, works of authorshipcontent that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any kind, and informationequipment or services, or other materials that are posted, generated, providedcontains other harmful, disruptive, or otherwise made available through the Fitbit Servicedestructive files or content; (2) use or attempt to you. Exceptuse another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for Your Content, Fitbit Content,any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Fitbit Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscurein any copyright, trademark, service markmanner that, in our sole discretion, is objectionable or restricts or inhibits any other proprietary rights notices incorporated inperson from using or accompanyingenjoying the Fitbit Service.Service, or which may expose us or our users to any harm or liability of any type. 

WHAT	Fitbit may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Fitbit Service. 

6. FITBIT’S RIGHTS

	“Fitbit Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Fitbit Service. Fitbit Content, the Fitbit Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Fitbit Service. Our logos and any other Fitbit trademarks that may appear on the Fitbit Service, and the overall look and feel of the Fitbit Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Fitbit Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. 

7. WHAT YOU CAN DO ON THE FITBIT SERVICE

	The Fitbit Service is intended for your personal, non-commercial use. 

	Fitbit grants you a limited, non-exclusive, non-transferable, non-sublicensablenon-sublicensable, revocable license to (1) access and use the Fitbit Service, (2) access and view the Fitbit Content, (2)(3) access and use the software and mobile applications provided by the Fitbit Service, and (3)(4) use the software that is embedded into Fitbit productsdevices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any Fitbit Service. This license is provided solely for your personalpersonal, non-commercial use and enjoyment of the Fitbit Service as permitted in these Terms. 

	You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcastbroadcast, or otherwise exploit the Fitbit Content, Fitbit Service or any portion thereof,thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fitbit or its licensors, except for the licenses and rights expressly granted in these Terms. 

THINGS YOU CANNOT DO ON THE FITBIT SERVICE	Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Fitbit Service: (1) use, display, mirror, or frame the Fitbit Service or any individual element within the Fitbit Service, including the layout and design of any page, without Fitbit’s express written consent; (2) use Fitbit’s name, any Fitbit trademark or logo, or any Fitbit proprietary information without Fitbit’s express written consent; (3) access or tamper with non-public areas of the Fitbit Service, Fitbit’s computer systems, or the technical delivery systems of Fitbit’s providers; (4) test the vulnerability of any Fitbit system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Fitbit or any of Fitbit’s providers or any other third party (including another user) to protect the Fitbit Service; (6) access the Fitbit Service or Fitbit Content through the use of any mechanism other than through the use of an Authorized Connection, Fitbit Service, or Fitbit API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Fitbit provides to you or any other part of the Fitbit Service. 

	Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Fitbit Service: (1) use, display, mirror or frame the Fitbit Service or any individual element within the Fitbit Service, Fitbit’s name, any Fitbit trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Fitbit’s express written consent; (2) access or tamper with non-public areas of the Fitbit Service, Fitbit’s computer systems, or the technical delivery systems of Fitbit’s providers; (3) test the vulnerability of any Fitbit system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Fitbit or any of Fitbit’s providers or any other third party (including another user) to protect the Fitbit Service or Fitbit Content; (5) access the Fitbit Service or Fitbit Content through the use of any mechanism other than through the use of an Authorized Connection, Fitbit Service or Fitbit API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Fitbit provides to you or any other part of the Fitbit Service. 8. HYPERLINKS

OUR ENFORCEMENT RIGHTS	You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Fitbit Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Fitbit’s sole discretion. 

	We are not obligated to monitor access or use of the Fitbit Service, Fitbit Content, or Your Content or to review or edit any Fitbit Content or Your Content, but we have the right to do so for the purpose of operating the Fitbit Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Fitbit Service, any Fitbit Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Fitbit Content, Your Content, or your use of the Fitbit Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Fitbit Service. 9. OUR ENFORCEMENT RIGHTS

USE THE FITBIT SERVICE AT YOUR OWN RISK	We reserve the right (but are not required) to remove or disable access to the Fitbit Service, any Fitbit Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Fitbit Content, Your Content, or your use of the Fitbit Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Fitbit Service, and in response may take any action we may deem appropriate. 

	Our goal is to provide helpful and accurate information on the Fitbit Service, but we make no endorsement, representation or warranty of any kind about any Fitbit Content, information, services or recommendations. The accuracy of the data collected and presented through the Fitbit Service is not intended to match that of medical devices or scientific measurement devices. 10. USE THE FITBIT SERVICE AT YOUR OWN RISK

	We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Fitbit Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If	If you rely on any Fitbit Content or the Fitbit Service, you do so solely at your own risk. 

CONSULT YOUR DOCTOR BEFORE USING THE FITBIT SERVICE	Our goal is to provide helpful and accurate information on the Fitbit Service, but we make no endorsement, representation, or warranty of any kind about any Fitbit Content, information, or services. The accuracy of the data collected and presented through the Fitbit Service is not intended to match that of medical devices or scientific measurement devices. 

	The Fitbit Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Fitbit Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Fitbit Service and consult with a medical professional. We	We are not responsible for any health problems that may result from training programs, consultations, products,the accuracy, reliability, availability, effectiveness, or eventscorrect use of information you learn aboutreceive through the Fitbit Service. If you engage in any exercise program you receive or learn about throughFitbit Content and the Fitbit Service you agree that you do so atmay change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your own risk and are voluntarily participating in these activities.current location, may be unavailable, inaccurate, or incomplete. 

	Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear	Use of the Fitbit Service should not replace your good judgment and care tips: (1) Keep it clean; (2) keep it dry; (3) don’t wear it too tight,common sense. Please read and (4) givecomply with all safety notices that accompany your wrist a rest by removinguse of the band for an hour after extended wear. For more information visit www.fitbit.com/productcare. IF YOU NOTICE ANY SKIN IRRITATION, REMOVE YOUR DEVICE. IF SYMPTOMS PERSIST LONGER THAN 2-3 DAYS AFTER REMOVING THE DEVICE, CONSULT YOUR DOCTOR.Fitbit Service, including those located on our Wear and Care page. 

	Fitbit products using PurePulse™ technology have a heart rate tracking feature that may pose risks to users with certain health conditions. Consult your doctor prior to use if you (1) have a medical or heart condition, (2) are taking any photosensitive medicine, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders. If you feel soreness, tingling, numbness, burning or stiffness in your hands or wrists while or after wearing the product, please discontinue use. 11. CONSULT YOUR DOCTOR BEFORE USING THE FITBIT SERVICE

USE COMMON SENSE	The Fitbit Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Fitbit Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Fitbit Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Fitbit Service. If you engage in any exercise program you receive or learn about through the Fitbit Service, you agree that you do so at your own risk and are voluntarily participating in these activities. 

	Use of the Fitbit Service should not replace your good judgment	Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple wear and common sense. Please readcare tips: (1) keep it clean, (2) keep it dry, (3) don’t wear it too tight, and comply with all safety notices that accompany(4) give your Fitbit productwrist a rest by removing the band for an hour after extended wear. For more information visit www.fitbit.com/productcare. If you notice any skin irritation, soreness, tingling, numbness, burning, or service, including those located on our Wearstiffness in your hands or wrists while or after wearing the product, remove your device and Care page.please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor. 

DMCA/COPYRIGHT POLICY	Fitbit products using PurePulse technology have a heart rate tracking feature that may pose risks to users with certain health conditions. Consult your doctor prior to use of such products if you (1) have a medical or heart condition, (2) are taking any photosensitive medicine, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders. 

	Fitbit respects copyright law and expects its users to do the same. It is Fitbit’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders. Please see Fitbit’s DMCA/Copyright Policy. 12. DMCA/COPYRIGHT POLICY

ADDITIONAL POLICIES APPLY TO PRODUCT ORDERS	Fitbit respects the intellectual property of others and expects its users to do the same. It is Fitbit’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders. Please see Fitbit’s DMCA/Copyright Policy. 

	Fitbit’s Terms of Sale and Return Policy and Warranty apply to purchases made through the Fitbit store at www.fitbit.com. All orders placed are subject to Fitbit’s acceptance. We may accept, decline, or place limits on your order for any reason. 13. TERMS OF SALE, RETURNS AND WARRANTY, AND PAID SERVICES

FEEDBACK	TERMS OF SALE AND SUBMISSIONS POLICYRETURNS AND WARRANTY 

	If you submit comments, ideas, or feedback	Fitbit’s Terms of Sale and Returns and Warranty Policy apply to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Fitbit, or obtainedpurchases of physical goods from sources other than you. Our FeedbackFitbit. The Terms of Sale are incorporated into and Submissions Policy is alsomade a part of thethese Terms. All orders placed are subject to Fitbit’s acceptance. We may accept, decline, or place limits on your order for any reason. 

TERMS SPECIFICALLY RELATED TO OUR PREMIUM FITBIT MEMBERSHIP	PAID SERVICES 

	Additional terms	Your purchase and conditions applyuse of any of our paid services are subject to the Premium Fitbit membership.Terms for Paid Services, which are incorporated into these Terms. 

CONTESTS14. FEEDBACK AND GIVEAWAYSSUBMISSIONS POLICY

	Additional terms and conditions may apply	If you submit comments, ideas, or feedback to contests, giveawaysus, you agree that we can use, disclose, reproduce, distribute, and other promotions sponsoredexploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by FitbitFitbit, or obtained from sources other than you. Our Feedback and its partners. ItSubmissions Policy is your responsibility to carefully review those terms and conditions.also part of the Terms. 

YOU AGREE TO RECEIVE ALERTS15. CONTESTS AND NOTIFICATIONSGIVEAWAYS

	As part of your use of the Fitbit Service, you	Additional terms and conditions may receive notifications, text messages, alerts, or emails. You agreeapply to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messagingsurveys, contests, giveaways, and other promotions sponsored by Fitbit or data fees you may be charged byits partners. It is your wireless carrier.responsibility to carefully review those terms and conditions. 

WE ARE NOT RESPONSIBLE FOR THIRD-PARTY LINKS ON THE FITBIT SERVICE16. ALERTS AND NOTIFICATIONS

	The	As part of your use of the Fitbit Service contains links to third-party websites, apps, servicesService, you may receive notifications, text messages, alerts, emails, and resources (collectively “Third-Party Services”) that are not under Fitbit’s control.other electronic communications. You agree to the receipt of these communications. You can control most communications from the Fitbit Service by using your account settings. We may need to provide these links onlyyou with certain communications, such as a convenienceservice announcements and administrative messages. You are not responsible for the content, productsany messaging or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising fromdata fees you may be charged by your use ofwireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any Third-Party Services.legal communication requirements, including that the communication be in writing. 

FITBIT DOES NOT CONTROL17. THIRD-PARTY SERVICES THAT YOU LINK WITH YOUR FITBIT ACCOUNT

	The Fitbit Service may providedisplay or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Fitbit’s control. This may include the opportunity for you to link your Fitbit account, Fitbit data, or the Fitbit Service with Third-Party Services. Although we offer this opportunity, youWe provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Fitbit ServiceService, such as third party applications accessed on Fitbit devices, are not part of the Fitbit Service.Service and are not controlled by Fitbit, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Fitbit Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services. 

CHANGES18. CHANGES TO THE FITBIT SERVICE

	Fitbit may change or discontinue, temporarily or permanently, any featurefeature, component, or componentcontent of the Fitbit Service at any time without notice. Fitbit is not liable to you or to any third party for any modification, suspensionsuspension, or discontinuance of any featurefeature, component, or componentcontent of the Fitbit Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Fitbit products without prior notice to you. 

TERMINATION19. TERMINATION

	If you violate these Terms, we	We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Fitbit Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may cancelclose your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, discontinuation or cancellationdiscontinuation of the Fitbit Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Fitbit Service; Fitbit’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Fitbit Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.Sections 1, 5, 6, 9, 10, 11, 13, 14, 16, 17, 19, 20, 21, 22, 23, 24, 25. 

DISCLAIMERS20. DISCLAIMERS

	THE FITBIT SERVICE AND FITBIT CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE FITBIT SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Fitbit Service or Fitbit Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completenesscompleteness, or reliability of the Fitbit Service or any Fitbit Content. You acknowledge and agree that if you rely on any Fitbit Content or the Fitbit Service, you do so solely at your own risk. 

INDEMNITY21. INDEMNITY

	You will indemnify and hold harmless Fitbit andor its officers, directors, employees andemployees, affiliates, agents, licensors, and contractors from and against any claims, disputes,suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, and costscosts, and expenses, including,including without limitation,limitation reasonable attorneys’ feesfees, arising out of or in any way connected with (i) your access to or use of the Fitbit Service, (ii) Your Content, (iii) your breach or (iii)youralleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms.Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

LIMITATION22. LIMITATION OF LIABILITY

	NEITHER FITBIT, ITS SUPPLIERSSUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FITBIT SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARYEXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGEDAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FITBIT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITYLIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FITBIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

	IN NO EVENT WILL FITBIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FITBIT SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO FITBIT FOR USE OF THE FITBIT SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FITBIT, AS APPLICABLE. 

	THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FITBIT AND YOU. 

DISPUTE	SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

23. DISPUTE RESOLUTION

	PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. 

	You agree that any dispute between you and Fitbit arising out of or relating to these Terms of Service, the Fitbit Service, or any other Fitbit products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below. 

	Governing Law: TheExcept as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles. 

	Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Fitbit, you agree to try to resolve the Dispute informally by contacting support@fitbit.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Fitbit may bring a formal proceeding. 

	We Both Agree To Arbitrate: You and Fitbit agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. 

	Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting legal@fitbit.comoptout@fitbit.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement. Arbitration

	Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to. 

	Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Fitbit will pay all arbitration fees for claims less than $75,000. Fitbit will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 

	Exceptions to Agreement to Arbitrate: Either you or Fitbit may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Fitbit products or Fitbit Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. 

	No Class Actions: You may only resolve Disputes with Fitbit on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren'tare not allowed under our agreement. 

	Judicial Forum for Disputes: InExcept as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Fitbit agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Fitbit consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial. 

	Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Fitbit products or Fitbit Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever. 

GENERAL24. GENERAL TERMS

	Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Fitbit and you regarding the Fitbit Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fitbit and you regarding the Fitbit Service and Fitbit Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 

	You may not assign or transfer these Terms, by operation of law or otherwise, without Fitbit’s prior written consent. Any attempt by	We will notify you before we make material changes to assign or transfer these Terms, without such consent, will be null. Fitbit may freely assign or transfer these Terms without restriction. Subjectand give you an opportunity to review the foregoing, theserevised Terms will bind and inurebefore continuing to use the benefit ofFitbit Service. When you use the parties, their successors and permitted assigns.Fitbit Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive. 

	Any	If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 

	You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Fitbit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Fitbit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. 

	Any notices or other communications provided by Fitbit under these Terms, including those regarding modifications to these Terms, will be given: (i) via email;email or (ii) by posting to the Fitbit Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted. 

	Fitbit’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fitbit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 

ADDITIONAL25. ADDITIONAL TERMS MAY APPLY

	Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control. 

CONTACT US

Please Contact Us If You Have Any Questions About These Terms.

	Fitbit, Inc.
 405 Howard	You may contact us at support@fitbit.com or at our mailing address below. 

	If you live in the European Economic Area, the United Kingdom or Switzerland: 

	 Fitbit International Limited Attn: Legal Department (Terms of Service) 76 Lower Baggot Street
 San Dublin 2, Ireland  

	If you reside elsewhere: 

	 Fitbit, Inc. Attn: Legal Department (Terms of Service) 199 Fremont Street, 14th Floor San Francisco, CA 94105
 support@fitbit.com U.S.A  

FITBIT PAY TERMS OF SERVICE

	These Fitbit Pay Terms of Service (“Fitbit Pay Terms”) apply to your use of the Fitbit Pay service, which is part of the Fitbit Service. The Terms apply to your use of Fitbit Pay, and these Fitbit Pay Terms are incorporated into and a made a part of the Terms. All capitalized terms used in these Fitbit Pay Terms but not defined herein have the meanings provided in the Terms. 

1. THE FITBIT PAY SERVICE

	Fitbit Pay is a service offered by Fitbit that enables you to use a supported Fitbit device (a “Supported Device”) to complete transactions at compatible contactless terminals. If you have a Supported Device, you may store a virtual version of credit cards, debit cards, or other types of supported cards identified by Fitbit from time to time (each, a “Card”) on your Supported Device. 

	 Fitbit Pay may be available only in select regions. In order to use Fitbit Pay, you must have a Card from a bank that supports Fitbit Pay. Participating banks may change over time and a bank may cease supporting Fitbit Pay without notice to you. The features of Fitbit Pay may vary depending on your region and bank. Click here for additional information on Fitbit Pay.  

	In order to use Fitbit Pay, you must have a Fitbit account, the Fitbit mobile app, a Supported Device, and a supported Card from a participating bank. To load a Card onto your Supported Device, you must first enter your Card information into the Fitbit mobile app; you will also be prompted to set a PIN number if you have not already done so. Once your Card has been verified as eligible for use with Fitbit Pay, you must sync to your Supported Device to enable use of your Card on your Supported Device. As part of adding a card to Fitbit Pay, you will accept any terms, conditions, and policies provided by your Card’s bank (“Bank Terms”), and such Bank Terms will apply to your use of the Card through Fitbit Pay in the same manner as any other transaction you complete using your Card. 

2. LIMITATIONS

	You agree to use Fitbit Pay in accordance with these Fitbit Pay Terms and the Terms, and in accordance with all applicable laws and regulations. You will not use Fitbit Pay for any fraudulent or unlawful purposes, and your use of Fitbit Pay will comply with Section 7 of the Terms, including but not limited to refraining from (i) circumventing any technological measure implemented by Fitbit or any of Fitbit’s providers or any other third party (including another user) to protect Fitbit Pay or (ii) accessing Fitbit Pay through the use of any mechanism other than as authorized under these Fitbit Pay Terms. If you make any modifications to your Fitbit device or to the Fitbit Pay service, Fitbit is not responsible for any liability or damages that may occur as a result of such modifications, including any unauthorized transactions that may result. 

3. PRIVACY AND SECURITY

	Your use of Fitbit Pay requires you to provide information to Fitbit, including information about your Card. All information collected by Fitbit as part of Fitbit Pay is subject to the Fitbit Privacy Policy. Using Fitbit Pay will require you to have used the Fitbit mobile app to set a PIN code for use on your Supported Device. While Fitbit implements measures to help protect your information, you are solely responsible for maintaining the secrecy of your PIN code and for maintaining possession of your Supported Device and mobile device. If you lose your Supported Device, you can suspend Fitbit Pay through the Fitbit mobile app or disable Fitbit Pay through the Fitbit website. Your Card number is not stored on the Supported Device or in the Fitbit mobile app, and through an industry standard tokenization platform your Card information is never revealed or shared with merchants or Fitbit when completing a transaction. 

4. LIMITATION OF LIABILITY

	The Limitation of Liability set forth in the Terms (Section 22) applies to your use of Fitbit Pay. In addition, neither Fitbit, its suppliers, or licensors, nor any other party involved in creating or delivering Fitbit Pay, will be liable for any damages or liabilities of any kind arising out of or in connection with any transaction, payment, or other use of Fitbit Pay, nor will Fitbit be responsible for any dispute relating to or arising out of your use of a Card. The Bank Terms applied by your Card’s bank will apply to all such transactions, payments, uses, and disputes, and in no event is Fitbit party to, or in any manner liable under, the Bank Terms. 

FITBIT LIVE COACHING TERMS OF SERVICE

	We offer interactive health coaching services that connect you with professional coaches (“Coaches”) and information to help you achieve your goals to lead a healthier, more active life (collectively the “Live Coaching Services”). Your use of the Live Coaching Services is governed by the Fitbit Terms of Service, which incorporate these Live Coaching Terms of Service (“Coaching Terms”). In addition, if you pay for the Live Coaching Services, our Fitbit Terms for Paid Services apply to your purchase of the Live Coaching Services. 

1. LIVE COACHING SERVICES

	The Live Coaching Services provide motivational tools that help you meet your health, fitness, and wellness goals. You set your goals in consultation with your Coach to help create and maintain healthy habits, increase activity and fitness, or manage or prevent a condition. The Live Coaching Services are not a medical or health care service. Although some Coaches may be licensed healthcare practitioners, they do not provide health care services through the Live Coaching Services. The Live Coaching Services are not intended to be a substitute for professional medical consultation, advice, or treatment from qualified physicians. Fitbit does not endorse any specific tests, physician or medical professional, products, procedures, opinions, or any other information that may be mentioned on the Live Coaching Services. You must consult your doctor before using the Live Coaching Services. IF YOU THINK THAT YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. 

2. COACHES

	The Live Coaching Services connect you with a Coach who will work with you to set goals and provide support and guidance in achieving them. You can choose to connect the Live Coaching Services to your doctor or others you designate in order to communicate your progress to them. Coaches may interact with you in a variety of ways, including via in-app chat, e-mail, or telephone calls, throughout your efforts to achieve your goals. 

	Coaches may be made available by your employer or insurance company sponsoring the Live Coaching Services (a “Sponsor”) or by Fitbit’s third-party coaching service providers (a “Provider”). For Sponsor Coaches, please contact the Sponsor for more details on the Coaches they provide. Provider Coaches are subject to background checks and trained by the Providers. They are contractually bound to keep your information confidential and agree not to misuse information about you. Occasionally, a Provider Coach’s availability may change, and we reserve the right to remove them with or without notice to you. In the event that your Provider Coach is no longer available, we will connect you with another one. 

	If a Coach engages in inappropriate behavior, please report it to us. When interacting with a Coach, you agree to be professional and avoid engaging in inappropriate behavior. 

3. DISCLAIMERS ABOUT THE LIVE COACHING SERVICES

	THE LIVE COACHING SERVICES, ARE PROVIDED “AS-IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING OR ANY OTHER TERMS OR AGREEMENTS YOU HAVE WITH US, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE COACHING TERMS OR THE LIVE COACHING SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Live Coaching Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. 

	This means that while the Live Coaching Services are intended to help you pursue your personal health, fitness, and wellness goals, we do not guarantee that you will achieve your goals. We make no endorsement, representation, or warranty of any kind about any information on the Live Coaching Services, whether provided to you by a Coach or any content available through the Live Coaching Services. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive via the Live Coaching Services and we are not responsible for any health problems that may result from your reliance on the Live Coaching Services. If you engage in any health, fitness, or wellness program or activities that you learn about through the Live Coaching Services, you agree that you do so voluntarily and at your own risk. If you experience a medical emergency while using the Live Coaching Services, consult with a medical professional immediately. 

4. TERMINATION

	Subject to any applicable refund policies, we reserve the right to suspend or terminate your access to certain aspects or all of the Live Coaching Services or to any Coach, or to terminate these Coaching Terms, at any time and in our sole discretion, without notice or liability to you. You may stop using the Live Coaching Services at any time. 

FITBIT TERMS FOR PAID SERVICES

	These Fitbit Terms for Paid Services (the “Paid Service Terms”) apply to your purchase and use of any paid Fitbit services, including automatically renewing subscription services such as digital fitness or health programs (“Programs”), personalized live coaching services (“Live Coaching Services”), and one-time purchases (collectively the “Paid Services”). These Paid Service Terms only apply to services we offer for purchase, and do not apply to the sale of our physical goods (“Products”). For payment terms related to the sale of Products, please see our Terms of Sale. 

	By purchasing or using a Paid Service, you agree to be bound by the Fitbit Terms of Service, which incorporate these Paid Service Terms and include a mandatory arbitration provision, and any separate terms and conditions presented to you in conjunction with your use of the Paid Services. If you do not accept these terms, do not purchase, access, or use our Paid Services. 

1. PAID SERVICES

	Paid Services include content and personalized, interactive services. They may be one-time purchases or automatically renewing subscription services, like our Programs and Live Coaching Services (“Subscriptions”). Please see the product page for your specific Paid Services for more information. We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and we have the sole discretion to determine which portions of the Fitbit Service require payment. 

2. SUBSCRIPTIONS

	AUTOMATICALLY RENEWING SUBSCRIPTIONS. Your Subscription term may vary, for example, with monthly or annual automatic renewal terms (a “Subscription Term”), as described in the course of your transaction. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ADDITIONAL SUBSCRIPTION TERMS AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING THE SUBSCRIPTION IN ACCORDANCE WITH OUR TERMS OF SERVICE. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service. 

	SUBSCRIPTION CANCELLATION. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME. YOUR CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT SUBSCRIPTION TERM. 

	In the event you cancel your Subscription, note that we may still send you promotional communications about Fitbit, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications. 

	NO REFUNDS ON SUBSCRIPTIONS. When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future. 

	FREE TRIALS. From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN THE SECTIONS ABOVE. TO AVOID ANY CHARGES, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF YOUR FREE TRIAL PERIOD. BEFORE CHARGING YOU AT THE END OF THE YOUR FREE TRIAL PERIOD, WE WILL NOTIFY YOU OF THE APPLICABLE FEES. 

	PRICE CHANGES. We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you. 

3. ONE-TIME PURCHASES

	Certain Paid Services are one-time purchases, and not subscription-based. One-time purchases may not be canceled and you are not entitled to a refund for such services. 

4. PAYMENT AND BILLING

	You authorize Fitbit to charge your chosen payment method for the Paid Services. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service. 

	Please note that if you accept a promotional offer or make changes to your Paid Services, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount. 

5. REPRESENTATIONS, WARRANTIES, AND COVENANTS

	Any Paid Services are personal to you and may not be used by any other person. You will not allow anyone else to use your Paid Services, and you will not transfer any Subscription or disclose your password to any other person. You will report to Fitbit any unauthorized or prohibited use of your Paid Services. 

	Previous Fitbit	Archive of Previous Terms of Service

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