1. Acceptance of Terms
Welcome to Fitting In (“Fitting In,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Fitting In platform (the “Service”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
We reserve the right to change the Terms at any time. We will bring a change to the Terms to your attention by placing a notice on the fittingin.co website.
2. Description of Service
Fitting In is an online platform that allows users to search for and compare gyms based on membership and day-pass pricing, amenities, equipment, hours of operation, location, photos, and other gym-related information (“Gym Information”).
Gym Information displayed on the Service may be submitted by gym owners/operators or aggregated from publicly available sources. Gym Information is provided by third parties and is not guaranteed to be accurate, complete, or current. Even where a gym listing displays a verification checkmark or similar indicator, that indicator reflects only the gym’s own confirmation of that specific listing, and does not constitute a guarantee, warranty, or representation by Fitting In as to the accuracy, completeness, or currency of that information. Responsibility for the accuracy of Gym Information submitted or verified by a gym rests with that gym.
For listings without a verification indicator, users acknowledge that: Fitting In has not independently confirmed the accuracy of the displayed information; membership fees, amenities, equipment, and other details are subject to change without notice and may differ from what is shown; users should independently verify pricing, amenities, and other material details directly with the gym before making membership or other purchasing decisions.
Fitting In does not own, operate, or control any gym listed on the Service and is not a party to any membership agreement, contract, or transaction between a user and a gym.
3. Account Registration
To access certain features of the Service, such as claiming a Gym Partner listing (“Gym Partners”), you may be required to create an account.
Eligibility. You must be at least 18 years old to create an account, or if you are between the ages of 13 and 18 (or the applicable age of digital consent in your jurisdiction), you may only use the Service with the involvement and consent of a parent or legal guardian. Fitting In does not knowingly permit use of the Service by children under the age of 13.
Accuracy of information. You agree to provide true, current, and complete information when creating your account (including your email address, and, if applicable, gym affiliation, pricing, amenities, equipment, photos, and any other representations made to users for Gym Partners).
Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify Fitting In immediately at contactfittingin@gmail.com if you suspect unauthorized access to or use of your account.
One account per user. Each individual may maintain only one personal account. Gym Partners may designate authorized representatives to manage a business listing, subject to Fitting In’s verification process.
Suspension and termination. Fitting In reserves the right to suspend or terminate any account, at its sole discretion and without prior notice, if it reasonably believes the account:
- Contains false, misleading, or fraudulent information.
- Has been used to violate these Terms, including submitting false Gym Information or fraudulent verification claims;
- Has been used to harass, defraud, or harm other users or gyms;
- Has been inactive for an extended period; or
- Poses a security risk to the Service or other users.
You may delete your account at any time by accessing your account settings. Certain information may be retained after deletion as described in our Privacy Policy or as required by law.
4. Health & Safety Disclaimer
Not medical advice. All content on the Service–including gym comparisons and equipment information–is provided for general informational and educational purposes only. It is not intended as, and should not be relied upon as, medical advice, diagnosis, or treatment.
Consult a physician. Before beginning any exercise program, gym membership, or fitness activity referenced through the Service, you should consult a qualified physician or healthcare provider, particularly if you have any pre-existing medical condition, injury, are pregnant, or have any concerns about your ability to safely engage in physical activity.
Assumption of risk. You acknowledge that physical exercise, gym attendance, and use of fitness equipment carry inherent risks of injury, including but not limited to muscle strain, sprains, fractures, cardiac events, and in rare cases, death. You voluntarily and expressly assume all such risks by choosing to visit any gym or engage in any fitness activity, whether or not discovered through the Service.
Self-assessment. You are solely responsible for evaluating your own physical condition and fitness level before engaging in any activity, and for stopping immediately if you experience pain, dizziness, shortness of breath, or any other warning signs.
No guarantee of results. Fitting In makes no representation or guarantee regarding any specific fitness outcome, weight loss, health improvement, or safety at any gym listed on the Service.
5. Assumption of Risk & Liability Waiver
To the maximum extent permitted by applicable law, you release, waive, and discharge Fitting In, its officers, employees, and affiliates from any and all liability for any injury, death, or property damage arising from or related to your use of the Service, your reliance on Gym Information, or your attendance at, or use of equipment or facilities within, any gym discovered through or promoted by the Service.
This waiver does not apply to, and nothing in these Terms limits liability for, gross negligence, willful misconduct, or intentional harm caused directly by Fitting In, to the extent such limitation is prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this waiver may not apply to you.
Indemnification. You agree to indemnify, defend, and hold harmless Fitting In and its officers, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) any content submitted by Gym Partners, including photos and representations of gym features; or (d) your interactions or disputes with any gym, Gym Partner, or other user.
6. User Conduct
When using the Service, you agree not to:
- Harass, threaten, defame, or abuse other users, gym staff, or Gym Partners;
- Share advice or content that promotes dangerous, extreme, or medically unsound fitness practices;
- Scrape, crawl, or use automated means to access or extract data from the Service without prior written consent;
- Reverse engineer, decompile, or attempt to derive the source code of the Service;
- Upload viruses, malware, or any code designed to disrupt or damage the Service or other users’ devices;
- Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law.
- Attempt to gain unauthorized access to other users’ or Gym Partners’ accounts or proprietary information.
Violation of this Section may result in content removal, account suspension, or termination, at Fitting In’s discretion, in addition to any other remedies available at law.
7. User-Generated Content
The Service allows users to submit content, including gym equipment photos and other materials (“User Content”).
License grant. By uploading, posting, or otherwise submitting User Content to the Service, you grant Fitting In a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and publicly perform such User Content in connection with operating, promoting, and improving the Service. This includes, without limitation:
- Displaying photos on the relevant gym’s listing page;
- Using photos in search results, comparison tools, or aggregated gym profiles;
- Using photos for promotional or marketing purposes across Fitting In’s website, app, social media, and advertising;
- Resizing, cropping, or otherwise editing photos for display or technical purposes.
This license continues even if you stop using the Service, though you may request removal of specific photos as described below. Where required by applicable law, Fitting In will honor such requests within a reasonable time, except to the extent retention is necessary for legal, archival, or record-keeping purposes.
Your warranties. By submitting a photo or other User Content, you represent and warrant that:
- You took the photo yourself, or otherwise own the rights to it or have obtained all necessary permissions to grant the license above;
- The content does not infringe the copyright, trademark, privacy, publicity, or other rights of any third party;
- The content does not depict identifiable individuals without their consent;
- The content accurately depicts the equipment/facility as it exists at the gym in question and is not staged, stock, or sourced from another gym or the internet.
Prohibited content. You may not upload photos or content that:
- You do not have rights to;
- Is misleading (e.g., photos of equipment not actually available at the listed gym);
- Is AI-generated, synthetically created, or digitally altered in a way that would mislead a reasonable user into believing it is an authentic, unedited photo of the actual equipment or facility at the listed gym;
- Contains identifiable people without consent, minors, or content that is offensive, defamatory, or unlawful.
Moderation and removal. Fitting In reserves the right, but has no obligation, to review, moderate, edit, or remove any User Content, including photos, at its discretion–including in response to a copyright complaint, a gym’s objection, or a violation of these Terms.
Fitting In is an interactive computer service, and User Content is provided by users, not by Fitting In. To the fullest extent permitted under Section 230 of the Communications Decency Act (47 U.S.C. § 230) and other applicable law, Fitting In is not responsible or liable for any User Content posted by Gym Partners, including photos, regardless of whether Fitting In reviews, moderates, or takes action with respect to such content. Fitting In’s voluntary moderation of User Content, or decision not to moderate particular content, does not make Fitting In the publisher or speaker of that content or otherwise waive any protection available under applicable law.
Copyright complaints. If you believe content on the Service infringes your copyright, you may submit a takedown notice to Fitting In’s designated agent at contactfittingin@gmail.com, including the information required under the Digital Millennium Copyright Act (or equivalent law in your jurisdiction). Fitting In will respond to valid notices in accordance with applicable law, and may terminate accounts of repeat infringers.
Prohibition on impersonation. Users may not impersonate gym staff when submitting content or verifying information.
8. Gym Partners & Business Listings
Gyms may claim or edit a listing on the Service. By doing so, a Gym Partner represents and warrants that:
- It has the authority to submit and manage information on behalf of the gym;
- All information submitted (including membership fees, amenities, equipment, hours, and photos) is accurate and current as of the date of submission;
- It will promptly update its listing when material information changes (e.g., pricing changes, closures, equipment removal).
Verification. Fitting In may, at its discretion, apply a verification checkmark or similar indicator to a listing after confirming certain information with the Gym Partner. Verification reflects only that the Gym Partner has attested to the accuracy of the listed information as of the verification date, which is recorded internally; it is not an endorsement, guarantee, or ongoing certification by Fitting In. Fitting In reserves the right to revoke a verification indicator at any time, including if information is later found to be inaccurate, outdated, or misleading, or if the Gym Partner fails to respond to a re-verification request.
Removal and correction. Fitting In reserves the right to edit, suspend, unpublish, or remove any listing, verified or unverified, that it believes is inaccurate, fraudulent, or in violation of these Terms.
Photography and site access. For purposes of this Section, “Gym Partner” includes any gym, owner, or operator that claims a listing or otherwise agrees to these Terms, whether or not it has claimed a listing. Gym Partner grants Fitting In and its employees, contractors, and authorized representatives permission to enter the publicly accessible areas of the gym during business hours (or at other times agreed) and to take photographs and video (without audio) of the gym’s interior, exterior, equipment, amenities, signage, and facilities (“Gym Images”). Gym Partner is responsible for any notice to members or staff required for photography of the gym.
License to Gym Images and Gym Partner Content. Gym Partner grants Fitting In a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, edit, crop, adapt, publish, distribute, publicly display, and publicly perform (a) the Gym Images and (b) any photos, videos, descriptions, pricing, and other materials the Gym Partner submits or shares with Fitting In by any means, including by email, text message, or social media (“Gym Partner Content”), in each case in connection with operating, promoting, and improving the Service. This includes display on the gym’s listing page, in search results, comparison tools, and aggregated gym profiles, and use in promotional and marketing materials across Fitting In’s website, social media, and advertising. As between the parties, Fitting In owns the copyright in the Gym Images it captures, subject to the Gym Partner’s rights in its own names, logos, trademarks, and trade dress depicted in them.
License to gym name and marks. Gym Partner grants Fitting In a worldwide, non-exclusive, royalty-free license to use the gym’s name, logos, trademarks, and trade dress solely to identify the gym, display its listing, and promote the Service, including in Gym Images and Gym Partner Content.
Gym Partner representations. Gym Partner represents and warrants that: (a) the individual accepting these Terms on its behalf has authority to bind the gym and to grant the permissions and licenses in this Section; (b) it owns or has obtained all rights, consents, and permissions (including from its landlord, owners, members, staff, and any third-party brand owners) needed to grant those permissions and licenses; and (c) Gym Partner Content, and Fitting In’s use of it and of Gym Images as permitted by these Terms, will not infringe or violate any third party’s copyright, trademark, privacy, publicity, or other rights.
Release. To the maximum extent permitted by applicable law, Gym Partner releases and discharges Fitting In, its officers, employees, contractors, and affiliates from any claim arising from the taking or use of Gym Images or Gym Partner Content as permitted by these Terms, including claims for infringement of copyright, trademark, or trade dress, invasion of privacy, violation of publicity rights, or defamation, and waives any right to inspect or approve the finished images or their use, or to receive compensation for them. Gym Partner remains responsible for the condition and safety of its premises, and Fitting In is not liable for the condition of the premises during any visit.
Gym Partner indemnification. Gym Partner agrees to indemnify, defend, and hold harmless Fitting In and its officers, employees, contractors, and affiliates from any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) Gym Partner Content, (b) any breach of the representations and warranties in this Section, or (c) claims by members, staff, landlords, or other third parties relating to the photographing of the gym or the use of Gym Images as permitted by these Terms.
Removal requests; no obligation to use. Gym Partner may ask Fitting In at contactfittingin@gmail.com to remove specific Gym Images or Gym Partner Content from the Service, and Fitting In will do so within a reasonable time. Removal does not require Fitting In to recall materials already distributed, cached, or archived, or affect uses made before removal. Fitting In has no obligation to take, use, or display any Gym Images or Gym Partner Content.
9. Intellectual Property
The Service, including its design, layout, software, text, graphics, logos, and the “Fitting In” name and trademarks (collectively, excluding User Content and Gym Information, the “Fitting In Content”), is owned by Fitting In or its licensors and is protected by copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, Fitting In grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Fitting In Content, or use Fitting In’s name, logo, or trademarks without prior written permission, except as necessary to use the Service as intended (e.g., sharing a gym listing link).
This license terminates automatically if you violate these Terms or upon termination of your account.
10. Third-Party Integrations
The Service may integrate with or link to third-party services, such as payment processors or mapping services. These integrations are provided for your convenience, and your use of them is subject to the applicable third party’s own terms and privacy policy.
Fitting In does not control and is not responsible for the accuracy, availability, security, or content of any third-party service. If you choose to connect a third-party account or service to Fitting In, you authorize Fitting In to access and use the relevant data in accordance with our Privacy Policy and any permissions you grant at the time of connection. You may revoke this access at any time through your account settings or the third party’s platform.
11. Location Services & Data
This Service uses location data to provide certain features, such as identifying gyms near you, sorting or filtering search results by distance, and displaying relevant Gym Information based on your location (“Location Services”).
Consent. By enabling Location Services on your device for the Service or by otherwise providing your location (e.g., entering an address or zip code), you consent to Fitting In’s collection, use, and storage of your location data for the purposes described in these Terms and our Privacy Policy.
How location data may be used. Depending on the permissions you grant, Fitting In may collect precise (GPS-based) or approximate (e.g., IP address or network-based) location data. This data may be used to:
- Show you gyms and Gym Information near your current or specified location;
- Improve search relevance and personalize your experience;
- Analyze aggregate usage trends (e.g., which areas have high gym density or demand);
- Support fraud prevention and Service security.
Sharing. Fitting In does not sell your precise location data to third parties. Location data may be shared with service providers who help operate the Service (e.g., cloud hosting or mapping providers) under confidentiality obligations, or as otherwise described in our Privacy Policy.
Your choices. Enabling Location Services is optional. You may disable location permissions at any time through your device settings; however, doing so may limit or disable certain features of the Service, such as automatic distance-based gym search results. Declining to share your location will not prevent you from using other features of the Service, such as manually searching by city or zip code.
Further details. Additional information about how Fitting In collects, uses, stores, and protects location and other personal data is available in our Privacy Policy, which is incorporated into these Terms by reference.
12. Disclaimers of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Fitting In does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
Accuracy disclaimer. Fitting In makes no warranty, express or implied, regarding the accuracy, completeness, timeliness, or reliability of any Gym Information displayed on the Service, whether or not a listing bears a verification indicator. Verification reflects only a Gym Partner attestation as of a point in time and does not constitute an independent audit, inspection, or ongoing guarantee by Fitting In. You assume all risks associated with relying on Gym Information, including unverified listings, in deciding whether to visit, join, or purchase a membership from any gym.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT IN CASES OF FITTING IN’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, FITTING IN AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, OR DATA—INCLUDING ANY UNAUTHORIZED ACCESS TO, ACQUISITION, USE, DISCLOSURE, ALTERATION, CORRUPTION, OR DESTRUCTION OF DATA, WHETHER SUCH DATA IS HELD BY FITTING IN OR BY A THIRD-PARTY SERVICE PROVIDER, VENDOR, OR PROCESSOR ACTING ON FITTING IN’S BEHALF—ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF FITTING IN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FITTING IN'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FITTING IN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Third-party/listing-specific exclusion. To the maximum extent permitted by law, Fitting In shall not be liable for any loss, expense, or damage arising from: (a) inaccurate, outdated, or incomplete Gym Information, whether submitted by a Gym Partner or a third party; (b) a user's reliance on an unverified listing; or (c) any dispute, transaction, injury, or dissatisfaction arising between a user and a gym, including gyms bearing a verification indicator.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.
14. Dispute Resolution
Governing law. These Terms are governed by the laws of the District of Columbia without regard to its conflict-of-laws principles. You agree that disputes arising out of or relating to these Terms or the Service that are not required to be arbitrated will be brought exclusively in the state or federal courts located in the District of Columbia, and you consent to personal jurisdiction there.
Arbitration. Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by AAA under its applicable rules, rather than in court, except that either party may bring an individual claim in small claims court.
Class action waiver. You and Fitting In agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Small claims carve-out. Notwithstanding the above, either party may bring an individual claim in small claims court if it qualifies.
15. Termination
Fitting In may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including violation of these Terms, with or without notice. You may stop using the Service and delete your account at any time as described in Section 3.
Upon termination, your right to use the Service will immediately cease. Sections of these Terms by their nature should survive termination.
16. Changes to Terms
Fitting In may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Service with a new "Last Updated" date, and, where appropriate, by notification on the Service’s website. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.
17. Contact Information
If you have any questions about these Terms, need to report a violation, or wish to exercise any rights described herein, please contact us at:
Email: contactfittingin@gmail.com