1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and ShapeFusion (“we,” “us,” or “our”) governing your access to and use of the ShapeFusion fitness platform, website, and related services (collectively, the “Service”). By registering for an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization (e.g., a fitness center), you represent that you have authority to bind that organization to these Terms.

2. Eligibility

You must be at least 16 years of age (or the age of majority in your jurisdiction, if higher) to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms. The Service is intended for use by members, independent coaches, and fitness centers in North America, Europe, and other supported regions. You are responsible for ensuring that your use of the Service complies with all applicable local laws.

3. Accounts and Registration

To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms or if your account is used in a manner that is harmful to other users or the Service. You may close your account at any time by contacting us or through account settings where available.

4. Use of the Service

Members: As a member, you may use the Service to track nutrition, workouts, progress photos, measurements, and recipes; to view and follow plans assigned by your coach or fitness center; and to communicate with your coach or fitness center as permitted by the Service. You are responsible for the accuracy of the data you enter and for your use of any guidance provided through the Service.

Coaches: As a coach, you may use the Service to manage clients, assign plans, view progress and reports, and use billing and directory features as made available. You agree to provide professional, lawful coaching and to comply with applicable professional and regulatory requirements.

Fitness centers: As a fitness center (or fitness admin), you may use the Service to manage coaches and members, configure templates and plans, use billing and analytics—all under the ShapeFusion brand; we advertise you in our Directory and provide a contact page for members. You are responsible for the conduct of coaches and members under your organization.

You agree not to use the Service to violate any law, infringe any third-party rights, harass or harm others, distribute malware, spam, or unsolicited communications, or otherwise misuse the Service. We may remove content or suspend or terminate accounts that violate these Terms.

5. Payment Terms

Where the Service involves paid plans, subscriptions, or transactions (e.g., membership fees, coach fees), you agree to pay all applicable fees in accordance with the pricing and payment terms presented at the time of purchase. Fees may be billed in advance (e.g., monthly or annually) and are generally non-refundable except as required by law or as expressly stated in our refund policy.

Payment processing may be handled by third-party providers (e.g., Stripe, PayPal, Square). Your use of such providers is subject to their terms and privacy policies. We are not responsible for the actions or policies of payment processors. You are responsible for any taxes applicable to your use of the Service.

Coaches and fitness centers that collect fees through the Service are solely responsible for their pricing, refunds, and compliance with tax and consumer protection laws.

6. Intellectual Property

The Service, including its design, text, graphics, logos, software, and other content (excluding user content), is owned by ShapeFusion or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from the Service or our content without our prior written consent. You may use the Service only for your personal or internal business use in accordance with these Terms.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose, subject to these Terms.

7. User Content and Conduct

You retain ownership of content you submit to the Service (“User Content”), such as profile information, nutrition logs, workout data, progress photos, and messages. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and process your User Content as necessary to provide, operate, and improve the Service and as described in our Privacy Policy (e.g., to display your data to your coach or fitness center).

You represent that you have all rights necessary to submit your User Content and that your User Content does not violate any law or third-party rights. We may remove User Content that we reasonably believe violates these Terms or is harmful to the Service or others. We do not endorse any User Content and are not responsible for it.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

The Service is a platform for fitness tracking and coaching. It is not a substitute for professional medical, nutritional, or fitness advice. Consult a qualified healthcare or fitness professional before starting any diet or exercise program. We are not responsible for any decisions you or your coach or fitness center make based on data or guidance provided through the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAPEFUSION AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless ShapeFusion and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) your User Content, (c) your violation of these Terms or any law, or (d) your violation of any third-party rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination (e.g., intellectual property, disclaimer, limitation of liability, indemnification, governing law) shall survive.

You may terminate your account by contacting us or through account settings where available. Upon your request, we will delete or anonymize your personal data in accordance with our Privacy Policy, except where we must retain it for legal or legitimate business purposes.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved by good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may submit the dispute to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

If you are in the European Union, you may also have the right to bring a claim in your country of residence. Nothing in these Terms affects your statutory rights as a consumer.

13. General Provisions

These Terms, together with the Privacy Policy and any additional terms presented in the Service, constitute the entire agreement between you and ShapeFusion regarding the Service. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in effect. You may not assign or transfer these Terms or your account without our prior written consent; we may assign these Terms without restriction. No agency, partnership, joint venture, or employment relationship is created by these Terms.

14. Contact Us

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

ShapeFusion
Email: info@shapefusion.ca
Website: https://www.shapefusion.ca

Last updated: January 2026.