These Terms of Service ("Terms") govern your access to and use of fitbysci.com and any memberships, products, services, or content offered by Fit By Sci(ence) ("we," "us," "our"). By accessing the website or purchasing a membership, you agree to these Terms.
1. Acceptance Of Terms
By using our website or purchasing any of our services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our website or services.
2. Eligibility
You must be at least 18 years old to use our services or purchase any program. By using the Services, you represent and warrant that you are 18 or older and capable of entering into a binding legal agreement.
3. Description Of Services
Fit By Sci(ence) provides a fitness membership and educational content, including but not limited to:
- The Fit By Sci membership: access to the members app (nutrition targets, food logging, training programs, check-ins, and progress tracking) with coach review of member check-ins
- Community access through the SHAPE Community on Skool, included with membership
- Educational content on our website, blog, social channels, and community
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.
4. Health And Medical Disclaimer
Before starting any fitness program, nutrition change, or new exercise routine, you should consult with a qualified medical professional. This is especially important if you have any pre-existing health conditions, take medications, are pregnant, are recovering from injury or illness, or have any other concerns about your ability to exercise safely.
You agree that you participate in our programs voluntarily, at your own risk, and that you assume all responsibility for your health and safety. You agree to release Fit By Sci(ence) from any liability arising from your participation, except as required by law.
5. Account And Communication
Some Services may require you to create an account and provide accurate contact information, including a working email address. You are responsible for keeping that information current and for maintaining the confidentiality of your login credentials. You agree to receive transactional communications (account messages, membership notices, and in-app notifications) at the email you provide.
6. Membership Terms
If you purchase a Fit By Sci membership, you agree to the following:
6.1 What The Membership Includes
- Access to the members app, including nutrition targets, food logging, training programs, check-ins, and progress tracking
- Coach review of member check-ins and in-app coach communication
- Access to the SHAPE Community on Skool
The membership does not include scheduled 1:1 calls, medical care, physical therapy, or dietetic services. Features may be added, changed, or removed over time as the app evolves.
6.2 Member Responsibilities
You agree to:
- Provide accurate information in your intake, check-ins, and logs
- Consult a qualified medical professional before acting on any guidance if you have a health condition or concern
- Keep your membership access to yourself and not share it with non-paying parties
7. Payment Terms
All membership payments are processed through Skool, our community and payment platform. We do not directly collect or store credit card or bank account information.
By purchasing a membership, you agree to the pricing and billing terms presented at the time of purchase. Memberships renew automatically at the end of each billing period (monthly or annual, depending on the plan you choose) until cancelled. Pricing may change over time; the price in effect at the time of your purchase is the price you pay for as long as your membership remains continuously active, unless we notify you otherwise in advance.
8. Cancellation And Refunds
You can cancel your membership at any time through Skool. Cancellation stops future billing; your access continues through the end of the billing period you have already paid for.
- Monthly memberships: No prorated or partial-month refunds. Cancel before your renewal date to avoid the next charge.
- Annual memberships: No prorated refunds for unused time after the plan term begins. Cancel before your renewal date to avoid the next annual charge.
- Billing errors: If you believe you were charged in error, email info@fitbysci.com and we will review and correct any confirmed error through Skool, the original payment platform.
9. User Conduct
You agree not to:
- Violate any applicable laws or regulations
- Harass, threaten, or harm other users, our coaches, or our staff
- Share account credentials or community access with non-paying parties
- Record community sessions or redistribute member content without explicit written permission
- Reproduce, redistribute, or resell any of our materials without written permission
- Use the Services for any commercial purpose other than your own membership
We reserve the right to suspend or terminate access for any violation of these Terms.
10. Intellectual Property
All content on fitbysci.com and within our membership, including the SHAPE Protocol, SHAPE Blueprint, the members app, written materials, videos, frameworks, methodologies, branding, and software, is the property of Fit By Sci(ence) and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to use the materials provided to you solely for your personal use as a member. You may not copy, reproduce, distribute, modify, resell, or create derivative works without our prior written consent.
11. Disclaimers
Our Services are provided on an "as is" and "as available" basis. We make no warranties or representations of any kind, express or implied, regarding the Services, including but not limited to fitness for a particular purpose, accuracy, or non-infringement.
We do not guarantee specific results from our programs. Results depend on many factors including individual effort, biology, life circumstances, and compliance with the program. Testimonials and case studies reflect the experiences of specific clients and are not guarantees of similar outcomes.
12. Limitation Of Liability
To the maximum extent permitted by law, Fit By Sci(ence), Jason Carter, and our affiliates, agents, and contractors shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Services, including but not limited to injury, illness, loss of profits, loss of data, or business interruption.
Our total cumulative liability arising from or related to these Terms or your use of the Services shall not exceed the total amount you paid us in the twelve (12) months preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Fit By Sci(ence), Jason Carter, and our affiliates, agents, and contractors from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorney fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any third-party rights.
14. Dispute Resolution
14.1 Informal Resolution
If you have a concern, please contact us first at info@fitbysci.com so we can try to resolve it directly. Most issues can be handled by talking to us.
14.2 Binding Arbitration
If we cannot resolve a dispute informally, you and Fit By Sci(ence) agree that any unresolved dispute shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Harris County, Texas, unless we agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.
14.3 Class Action Waiver
You and Fit By Sci(ence) agree that any dispute shall be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be filed in the state or federal courts located in Harris County, Texas, and you consent to the jurisdiction of those courts.
16. Modifications
We may update these Terms from time to time. Material changes will be communicated by posting the updated Terms on our website and updating the "Last Updated" date. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
17. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.
18. Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fit By Sci(ence) regarding your use of the Services, superseding any prior agreements.
20. Contact Us
For questions about these Terms or our Services, contact:
Fit By Sci(ence)
Email: info@fitbysci.com