Effective from: 7 June 2026
These White Label Terms & License Agreement (the "Agreement") are entered into between Fitsly ("Fitsly," "we," "us") and the individual or entity that subscribes to the White Label add-on (the "Coach," "you"). By checking the acknowledgement boxes, clicking "I accept," or using the White Label Service, you agree to this Agreement. If you do not agree, do not subscribe to or use the White Label Service.
This Agreement governs the White Label add-on only. Your use of the core Fitsly platform remains governed by the Fitsly Terms of Service and Privacy Policy, which are incorporated by reference.
Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, that applies under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law ("ACL"), or any other law where to do so would be unlawful. See Section 14.
1. Definitions
- "Base Plan" means your standard Fitsly subscription, separate from the White Label Service.
- "White Label Service" means the add-on that produces and operates a Branded App built from the Fitsly Platform.
- "Branded App" means the version of the Fitsly client application published under your business name, logo, screenshots, colours, and store listings.
- "Fitsly Platform" means Fitsly's source code, software, APIs, infrastructure, architecture, databases, build systems, deployment systems, internal tooling, and all current and future improvements to any of the foregoing.
- "Branding Assets" means your business name, logos, screenshots, colours, marketing content, and other materials you supply or designate for the Branded App.
- "Update Request" means your paid request, as described in Section 4, to rebuild the Branded App to the then-current Fitsly version.
- "Store(s)" means the Apple App Store, Google Play, and any other third-party distribution platform.
- "End Clients" means your clients or customers who use the Branded App.
2. The White Label Service
2.1 The White Label Service lets you publish a branded version of the Fitsly client app under your own business identity, using your own Apple Developer and Google Play Console accounts and Store listings.
2.2 The White Label Service is a software licence, not a sale of source code. Nothing in this Agreement transfers, assigns, or grants you any ownership of the Fitsly Platform or any source code, and Fitsly has no obligation to deliver, transfer, escrow, or disclose source code or build artifacts to you at any time, including on termination.
2.3 The White Label Service is provided as described in this Agreement and may change over time as described in Section 15 and Section 18, subject always to the ACL (Section 14).
3. Subscriptions and Fees
3.1 Separate subscriptions. The White Label Service and the Base Plan are separate, independent subscriptions, billed separately. Subscribing to, cancelling, suspending, or terminating one does not subscribe to, cancel, suspend, or terminate the other.
3.2 White Label fee. The White Label Service costs US$199 per month and renews automatically each month until cancelled in accordance with Section 11. You may cancel at any time before a renewal to avoid the next charge.
3.3 An active White Label subscription is required for the Branded App experience to continue functioning, as described in Section 11.
3.4 Price changes. Fitsly may change the White Label fee, the Update Request fee, or any other fees. Fitsly will give you at least 30 days' advance notice of a fee increase, and the new fee will apply at your next renewal on or after the notice period. If you do not accept a fee increase, you may cancel under Section 11 before it takes effect without penalty.
3.5 Payment. Fees are charged to your payment method on file. You authorise recurring charges. Failure to pay may result in suspension or termination under Section 11 and disabling of the Branded App.
4. Update Requests
4.1 Cost and frequency. Each Update Request costs US$100 and is limited to no more than one Update Request in any rolling 60-day period, measured from the date the prior Update Request was submitted.
4.2 Scope. An Update Request brings the Branded App up to the then-current Fitsly version, generates a new build, and submits that build to the Stores.
4.3 Exclusions. An Update Request does not include, and creates no expectation of, custom development, bespoke features, custom integrations, design work, consulting, or feature requests. The Branded App will reflect the standard then-current Fitsly version and nothing more.
4.4 No obligation outside an Update Request. Fitsly has no obligation to update, rebuild, or resubmit the Branded App except in response to a valid, paid Update Request.
5. Ownership and Intellectual Property
5.1 You own: your Apple Developer account, your Google Play Console account, your App Store listing, your Google Play listing, and your Branding Assets.
5.2 Fitsly owns: the Fitsly Platform and all intellectual property rights in it, including all source code, software, APIs, infrastructure, architecture, databases, build systems, deployment systems, internal tooling, designs, and all current and future improvements. Each compiled Branded App build incorporates the Fitsly Platform and is licensed, not sold; you receive no ownership interest in any build or in the underlying code.
5.3 All rights not expressly granted to you are reserved by Fitsly.
5.4 Licence to you. Subject to your compliance with this Agreement and payment of all fees, Fitsly grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the White Label Service and operate the Branded App during the term, solely for distribution to your End Clients.
5.5 Licence to Fitsly. You grant Fitsly a limited, non-exclusive, royalty-free licence to use your Branding Assets and to access and use your Apple and Google accounts and Store listings as reasonably necessary to build, configure, submit, update, and operate the Branded App on your behalf.
6. Licence Restrictions
You will not, and will not permit any third party to:
- (a) reverse engineer, decompile, or disassemble the Fitsly Platform or any Branded App build, except to the extent this restriction is prohibited by applicable law;
- (b) redistribute, sublicense, sell, rent, lease, or resell the Fitsly Platform or White Label Service except as the Branded App to your own End Clients;
- (c) copy, modify, or create derivative works of the Fitsly Platform;
- (d) remove or obscure any proprietary notices; or
- (e) use the White Label Service to build a competing product.
7. Your Responsibilities
7.1 Accounts and listings. Your Apple Developer account, Google Play Console account, and Store listings remain your responsibility, including all associated fees, agreements, renewals, and compliance obligations with Apple and Google.
7.2 Branding warranties. You represent and warrant that you own or are licensed to use all Branding Assets and that they do not infringe or violate any third party's rights or any law.
7.3 Access. You will grant and maintain the access Fitsly reasonably requires to your developer accounts and Store listings to deliver the White Label Service (including builds and Update Requests). You are responsible for the security of your own credentials.
7.4 End Client relationship. Your relationship with your End Clients is solely between you and them. You are responsible for your own terms, pricing, privacy notices, consents, and support to End Clients, and for any commitments you make to them about the Branded App.
7.5 Lawful use. You will use the White Label Service and Branded App in compliance with all applicable laws and Store policies.
8. App Stores and Third-Party Platforms
8.1 The Stores are operated by independent third parties under their own agreements and policies. Fitsly does not control and is not responsible for any Store's approval, rejection, delay, suspension, removal, or takedown of the Branded App, or for any change to Store policies (including those affecting white-label, template, or generated apps).
8.2 You are responsible for ensuring the Branded App and your accounts comply with all applicable Store policies. Fitsly does not represent that any Branded App will be accepted or remain available in any Store.
9. Updates and Versioning
9.1 No automatic updates. Branded Apps do not automatically receive Fitsly updates. The Branded App may not run the latest version of Fitsly at any given time.
9.2 To obtain a newer version, you must submit a valid, paid Update Request under Section 4. Fitsly has no obligation to keep the Branded App current absent an Update Request.
10. Support
10.1 White Label customers receive Fitsly's standard support. Fitsly will use good-faith efforts and intends to give White Label customers reasonable attention.
10.2 Other than as required by the ACL (Section 14), the White Label Service carries no service-level agreement (SLA) and no contractual guarantee of response times, uptime, availability, turnaround times, feature delivery, or future updates. Any statement of intent to prioritise support is a good-faith aim, not a separate contractual commitment.
11. Term, Cancellation, and Effect of Cancellation
11.1 Term. This Agreement begins when you accept it and continues month-to-month until cancelled.
11.2 Cancellation by you. You may cancel the White Label Service at any time in the Fitsly app, through your account settings. Cancellation takes effect at the end of the then-current billing period. Fees already paid are dealt with under Section 12.
11.3 What you keep. On cancellation or termination, you keep your Apple and Google developer accounts, your Store listings, and your Branding Assets.
11.4 What you lose; effect on the Branded App. The Branded App is built on, and depends on continuous access to, the Fitsly Platform; it cannot operate without an active White Label subscription. This dependency is inherent in the product and is reasonably necessary to protect Fitsly's legitimate interest in its Platform. Accordingly, on cancellation or termination, or on non-payment, the Branded App may be blocked, restricted, display a subscription-required screen, cease to update, and/or stop functioning as intended, in whole or in part, immediately or at any time thereafter. You are not entitled to continued operation of the Branded App after cancellation or termination, and the resulting cessation of the Branded App is an expected consequence of cancellation or termination and is not a breach by Fitsly. Fitsly has no obligation to maintain, support, host, or transfer a disabled Branded App or its build.
11.5 Continuity for End Clients. If you maintain an active Base Plan, your End Clients may continue to access services through the standard (non-branded) Fitsly app. The standard Fitsly app is the fallback; Fitsly is not obligated to provide any branded continuity after cancellation or termination of the White Label Service.
11.6 Termination by Fitsly. Fitsly may suspend or terminate the White Label Service, on reasonable notice where practicable, for non-payment, material breach of this Agreement that is not remedied within a reasonable time, prohibited use under Section 6, legal or Store-policy reasons, or genuine risk to the Fitsly Platform. On termination by Fitsly under this Section, Fitsly may cancel your White Label subscription, revoke your licence and access to the White Label Service, and block, restrict, or disable the Branded App with the effect described in Section 11.4. For serious or repeated breaches, breaches incapable of remedy, or where required for legal, security, or Store-compliance reasons, Fitsly may terminate with immediate effect.
12. Fees, Refunds, and Chargebacks
12.1 No refunds for change of mind. Except as required by the ACL or other applicable law, fees (including the monthly White Label fee and Update Request fees) are non-refundable, including for partial periods or change of mind. Nothing in this Section limits any remedy you have under the ACL where a consumer guarantee is not met (see Section 14).
12.2 Chargebacks. If you initiate a chargeback or payment dispute for fees that were properly charged and are not the subject of a genuine dispute, Fitsly may suspend the White Label Service, disable the Branded App, and recover the disputed amounts and reasonable associated costs. This Section does not affect any rights you have under applicable law or your card network's rules, and does not apply to amounts you are genuinely entitled to dispute.
13. Privacy and Data Protection
13.1 Each party will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles ("APPs") in respect of personal information handled in connection with the Branded App. Where Fitsly makes a separate Data Processing Addendum available, that addendum applies and controls in case of conflict on privacy matters; otherwise this Section 13 governs.
13.2 As between the parties, you are responsible for your End Clients' personal information, including providing all required privacy notices and collection statements, obtaining all required consents, and having a lawful basis for the data collected through the Branded App.
13.3 Fitsly will take reasonable steps to protect personal information it handles, including reasonable technical and organisational security measures, consistent with APP 11. Subject to the Privacy Act and Section 14, Fitsly does not warrant that the Service will be uninterrupted, error-free, or immune from unauthorised access, and the disclaimers and limitations in Sections 15 and 16 apply to the extent permitted by law.
13.4 Roles. As between the parties, you determine the purposes for which End Client personal information collected through the Branded App is handled, and Fitsly handles that personal information on your behalf for the purpose of providing the White Label Service. Each party remains responsible for its own compliance with the Privacy Act.
13.5 Data breach notification. If a party becomes aware of an actual or reasonably suspected unauthorised access to, or unauthorised disclosure or loss of, personal information handled in connection with the Branded App, it will notify the other party without undue delay and provide reasonable cooperation to assess and respond to the incident. Each party is responsible for forming its own view as to whether the incident is an "eligible data breach" and for making any notification it is required to make to the Office of the Australian Information Commissioner and to affected individuals under the Notifiable Data Breaches scheme.
13.6 Cross-border disclosure. Fitsly may store or process personal information outside Australia using its infrastructure and service providers. You are responsible for ensuring that your privacy notices and consents permit any such disclosure, and for your own compliance with APP 8 in respect of your End Clients.
14. Australian Consumer Law
14.1 Certain rights and guarantees apply under the ACL that cannot be excluded, restricted or modified. Nothing in this Agreement excludes, restricts or modifies any such right, guarantee or remedy, and any term that purports to do so is read down or severed to the extent necessary so as not to contravene the law. This Agreement is to be read subject to those rights.
14.2 To the extent you are a "consumer" under the ACL and the goods or services supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption (which the parties acknowledge is the case for the business-facing White Label Service), Fitsly's liability for failure to comply with a consumer guarantee (other than guarantees as to title, undisturbed possession and undisclosed securities) is, where permitted by section 64A of the ACL, limited at Fitsly's option to:
- (a) resupplying the services; or
- (b) paying the cost of having the services resupplied.
14.3 The limitation in Section 14.2 does not apply where it is not fair or reasonable for Fitsly to rely on it.
15. Disclaimers
15.1 Subject to Section 14 and to the maximum extent permitted by law, the White Label Service, the Branded App, and the Fitsly Platform are provided on an "as is" and "as available" basis, and Fitsly excludes all warranties, representations, terms and conditions that are not expressly set out in this Agreement, whether implied by statute, custom or otherwise.
15.2 Subject to Section 14, Fitsly does not warrant uninterrupted or error-free operation, specific features, future updates, security outcomes, Store acceptance, or compatibility with any platform change.
15.3 Features, functionality, integrations, and the Fitsly version underlying the Branded App may change, be added, or be removed over time, and Fitsly may modify or discontinue any part of the Service in accordance with Section 18.
16. Limitation of Liability
16.1 Subject to Section 14, and to the maximum extent permitted by law, Fitsly is not liable for any indirect, incidental, special, consequential, or punitive loss, or for loss of profits, revenue, data, goodwill, or business interruption, or for End Client claims, outages, security incidents, platform changes, or removal of features, however caused.
16.2 Subject to Section 14, and to the maximum extent permitted by law, Fitsly's total aggregate liability arising out of or relating to this Agreement will not exceed the total fees you paid to Fitsly for the White Label Service in the 3 months immediately preceding the event giving rise to the claim.
16.3 These limitations do not apply to liability that cannot be excluded or limited under applicable law (including under the ACL), and apply only to the extent permitted by law.
17. Indemnification
You will indemnify Fitsly and its affiliates, officers, and employees against any liability, loss, damage, cost or expense (including reasonable legal costs) arising out of or in connection with:
- (a) your Branding Assets or their infringement of any third-party right;
- (b) your relationship with, or any claim by, an End Client;
- (c) your developer accounts, Store listings, or violation of any Store policy;
- (d) your breach of this Agreement or of any law; or
- (e) your misuse of the White Label Service or Branded App.
Your liability under this Section is reduced to the extent the relevant liability was caused or contributed to by Fitsly.
18. Changes to the Agreement, Service, and Pricing
18.1 Fitsly may change this Agreement at any time. For changes that materially and adversely affect you, Fitsly will give you notice (for example, by email or in-product) at least 30 days before they take effect. Changes that are not material and adverse, or that are required by law, may take effect on shorter notice or immediately.
18.2 If you do not accept a material and adverse change, you may cancel under Section 11 before it takes effect without penalty. If you continue to use the White Label Service after a change takes effect, you are taken to have accepted it.
18.3 Fitsly may modify, add, or discontinue features of the Service, subject to Section 14 and Section 15.
19. Suspension
Fitsly may suspend the White Label Service or disable the Branded App where you fail to pay, materially breach this Agreement, engage in prohibited use, or create a genuine legal, security, or Store-compliance risk. Where practicable, Fitsly will give notice and an opportunity to remedy. Suspension does not relieve you of the obligation to pay fees properly due.
20. Confidentiality
20.1 Confidential Information means non-public information disclosed by one party (the "discloser") to the other (the "recipient") that is marked or reasonably understood to be confidential, including the Fitsly Platform and its source code, architecture and internal tooling, pricing and non-public commercial terms, security information, and business or technical information. It does not include information that is or becomes public through no fault of the recipient, was lawfully known to the recipient without obligation of confidence before disclosure, is independently developed without use of the Confidential Information, or is lawfully received from a third party without restriction.
20.2 The recipient will keep the discloser's Confidential Information confidential, use it only as necessary to exercise its rights or perform its obligations under this Agreement, and protect it using at least reasonable care. The recipient may disclose Confidential Information to its personnel and advisers who need to know it and are bound by similar obligations.
20.3 The recipient may disclose Confidential Information to the extent required by law, regulation, or court order, provided that, where lawful and practicable, it gives the discloser reasonable prior notice.
20.4 These obligations continue for the term of this Agreement and afterwards for as long as the relevant information remains confidential.
21. General
21.1 Governing law. This Agreement is governed by the laws of Victoria and the Commonwealth of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
21.2 Dispute resolution. Before commencing proceedings (except for urgent injunctive relief), a party must first notify the other in writing of the dispute, and the parties will attempt in good faith to resolve it within 14 days, escalating to senior representatives. If unresolved, the parties may agree to mediation; otherwise either party may commence proceedings in the courts identified in Section 21.1.
21.3 Entire agreement. This Agreement, together with the documents it incorporates, is the entire agreement between the parties on its subject matter and supersedes prior understandings.
21.4 Severability. If any provision is held void or unenforceable, it is read down or severed to the minimum extent necessary, and the rest of the Agreement continues in effect.
21.5 No waiver. A failure or delay in exercising a right is not a waiver of it.
21.6 Assignment. You may not assign this Agreement without Fitsly's prior written consent (not to be unreasonably withheld). Fitsly may assign or novate it in connection with a merger, acquisition, or sale of assets, on notice to you.
21.7 Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.
21.8 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
21.9 Survival. Any provision that by its nature is intended to survive termination does so, including Sections 5 (Ownership and Intellectual Property), 6 (Licence Restrictions), 11.4 (effect on the Branded App), 12 (Fees, Refunds, and Chargebacks), 14 (Australian Consumer Law), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 20 (Confidentiality), and this Section 21.
21.10 Notices. Notices to Fitsly may be sent through the in-app support or contact channel. Notices to you may be sent to your account email.
22. Acknowledgements
By checking the boxes below before submission, you confirm that you understand and agree (these acknowledgements do not limit any rights you have under the ACL):
- My Apple and Google developer accounts and Store listings remain my responsibility.
- White Label costs US$199/month and renews automatically until I cancel, and I can cancel at any time before a renewal.
- Update Requests cost US$100 each.
- Update Requests are limited to no more than one in any rolling 60-day period.
- Update Requests do not include custom feature development or bespoke modifications.
- Branded Apps do not automatically receive Fitsly updates.
- My Branded App may not always run the latest version of Fitsly.
- An active White Label subscription is required for the Branded App experience to continue functioning.
- If I cancel White Label, my Branded App may be blocked or disabled and my clients may need to use the standard Fitsly app instead, and I am not entitled to continued operation of the Branded App.
- The Service is provided as described in this Agreement, without separate guarantees of uptime, feature availability, or future updates, except for rights I have under the Australian Consumer Law.
- I will not reverse engineer, redistribute, or resell the Fitsly Platform, and I will keep Fitsly's confidential information confidential.
- Fitsly may update this Agreement, and may suspend, cancel, or disable my White Label Service and Branded App if I breach it.
- I have read and accept the White Label Terms & License Agreement.