Terms of service

TERMS OF SERVICE — FITCOOK WEBSITE AND APPLICATION

Last updated: August 16, 2026

These Terms of Service (the “Terms”) govern your access to and use of the services offered by FitCook Foodz (“FitCook,” “we,” “us,” or “our”), including:

• our website, including fitcookfoodz.com, our online store, and other pages or domains that we operate (the “Website”);
• the FitCook mobile and web application (the “Application”);
• our recipes, cooking classes, videos, community features, rewards program, subscriptions, notifications, products, customer service, and related features.

The Website, Application, online store, and related features are collectively referred to as the “Services.”

By accessing or using the Services, creating an account, placing an order, or starting a subscription, you agree to these Terms and to the policies referenced in them. If you do not agree, do not use the Services.

Our online store and checkout are hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell products and services to you.


1. ELIGIBILITY AND ACCEPTANCE

You must have reached the age of majority in your province, state, or country of residence to enter into these Terms. If you have not reached the age of majority, you may use the Services only with the authorization and supervision of a parent or legal guardian.

The Services are not intended for children under 14 years of age. A parent or legal guardian who permits a minor to use the Services is responsible for that minor’s use of the Services.

You may not use the Services for an unlawful or unauthorized purpose or in violation of applicable laws, including intellectual property, privacy, consumer protection, and export-control laws.


2. FITCOOK ACCOUNTS

Some features require a FitCook account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for protecting your password and for activity conducted through your account, except where caused by our failure to use reasonable safeguards.

You must promptly notify us at info@fitcookfoodz.com if you believe that your account has been accessed without authorization.

Your FitCook account and your Shopify customer profile may be linked using your email address. To ensure that purchases, subscriptions, customer-restricted discount codes, points, and rewards are properly associated with you, you may need to use the same email address in the Application and during Shopify checkout.

You may not impersonate another person, create an account using information you are not authorized to use, sell or transfer your account, or use another person’s account without permission.


3. PRODUCTS, ORDERS, AND CHECKOUT

We try to describe and display our products and services accurately. Colours, packaging, ingredients, availability, and other details may vary, and display settings may affect how products appear on your device.

Prices are shown in the currency displayed at checkout and may change without notice. Applicable taxes, shipping fees, and other charges are presented before you complete your purchase. A price change does not affect an order already accepted, except where an obvious pricing error has occurred and applicable law permits correction.

We may refuse, limit, or cancel an order where reasonably necessary, including because of inventory limits, suspected fraud, unauthorized resale, a pricing or description error, or a legal restriction. If we cancel an order after payment, we will issue the applicable refund.

You agree to provide accurate billing, shipping, payment, and contact information. Payment card and other payment information is processed by Shopify and the payment providers available at checkout. Their terms and privacy practices may also apply.

Product returns and refunds are governed by the refund policy posted on the Website and by applicable law. Shipping and delivery are governed by the shipping policy posted on the Website. These policies form part of these Terms.


4. APPLICATION AND DIGITAL CONTENT

Subject to these Terms, FitCook grants you a limited, personal, revocable, non-exclusive, non-transferable licence to access and use the Application and its digital content for your own non-commercial use.

Recipes, cooking classes, videos, images, text, designs, logos, software, and other content made available through the Services are owned by or licensed to FitCook and are protected by intellectual property laws. Purchasing a product or subscription gives you access rights only; it does not transfer ownership of the underlying content or intellectual property.

You may not copy, reproduce, distribute, sell, sublicense, scrape, publicly display, reverse engineer, circumvent access controls, or commercially exploit the Application or its content except where expressly authorized by us or permitted by law.

Certain recipes, courses, videos, or features may be reserved for active subscribers. We may add, update, replace, or remove content over time. Unless expressly promised at purchase, a subscription does not guarantee that a specific item of content will remain available indefinitely.


5. SUBSCRIPTIONS AND RECURRING BILLING

Some Services may be offered through a paid subscription. The price, billing interval, included benefits, trial terms, if any, and other material conditions shown at checkout form part of your subscription agreement.

By starting a recurring subscription, you authorize the payment provider presented at checkout to charge the applicable subscription fees and taxes to your selected payment method at each billing interval until the subscription is cancelled or otherwise ends.

Subscriptions renew automatically unless cancelled before the next renewal date. You are responsible for cancelling in time to avoid the next charge. You can use the customer subscription portal made available through the Services or contact us at info@fitcookfoodz.com if you need assistance.

Unless otherwise stated at checkout or required by law, cancellation stops future renewals and access remains available until the end of the current paid billing period. A cancellation does not automatically refund fees already charged. Refund requests are handled according to the applicable refund policy and mandatory consumer rights.

If a payment fails, is reversed, refunded, or disputed, or if the paid period ends without renewal, we may suspend or remove the subscription benefits associated with that payment. If a refund is issued for a subscription purchase, premium access associated with the refunded period may be removed.

We may change subscription prices or material subscription terms prospectively. When required by law, we will provide advance notice and obtain any consent required before the change applies.


6. POINTS, MILESTONES, REWARDS, AND DISCOUNT CODES

FitCook may offer promotional points, milestones, rewards, and discount codes. These benefits are not money, property, stored value, or a gift card. They have no cash value, cannot be sold or transferred, and cannot be redeemed for cash except where required by law.

Spendable points may be earned through eligible activities or purchases and may be used to claim available rewards. Milestone progress may be tracked separately for achievements or future features. The rules, eligibility, point values, and available rewards shown in the Application or communicated with an offer form part of the program.

Returns, refunds, reversals, fraudulent activity, errors, or ineligible transactions may result in points and related milestone progress being reduced or removed. When you claim a reward, the required spendable points are deducted from your balance.

Discount codes claimed with points are generally unique, intended for one-time use, restricted to the eligible customer account, and expire 90 days after they are issued unless another expiry date is displayed. You may need to use the same email address for your FitCook account and Shopify checkout for a restricted code to work.

Unless expressly stated otherwise, a reward discount code cannot be combined with another product or order discount. It may be combined with free shipping when Shopify checkout permits it. Other conditions, exclusions, minimum purchase requirements, product restrictions, and expiry dates shown with the reward also apply.

Points used to claim a code are generally final once the code is issued. If you believe points, a milestone, or a reward was applied incorrectly, contact us so we can review the transaction. We may correct errors, restore points at our discretion where appropriate, or revoke rewards obtained through abuse, fraud, or a technical error.

We may modify, suspend, or end the rewards program prospectively. Where required by law or reasonably necessary to avoid unfairly removing an earned benefit, we will provide notice or a reasonable opportunity to use eligible benefits.


7. COMMUNITY CONTENT AND CONDUCT

The Services may allow you to publish posts, comments, photos, profile information, likes, and other content (“User Content”). You retain ownership of your User Content.

By submitting User Content, you grant FitCook a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, format, display, and distribute that content only as reasonably necessary to operate, moderate, improve, and promote the Services. This licence ends when the content is deleted, except for copies reasonably retained for legal, security, backup, or integrity purposes, or content already shared outside our control.

You represent that you own or have the necessary rights to submit your User Content and that it does not violate another person’s rights or applicable law.

You must not submit content that is unlawful, threatening, abusive, harassing, hateful, discriminatory, defamatory, deceptive, sexually exploitative, invasive of privacy, infringing, malicious, or otherwise harmful. You must not publish another person’s personal information without authorization, send spam, manipulate engagement, or use the community to promote unauthorized commercial activity.

We may review, approve, reject, restrict, or remove User Content and may suspend community privileges where reasonably necessary to enforce these Terms, protect users, comply with law, or preserve the integrity of the Services. We are not obligated to monitor every submission and do not endorse User Content merely because it appears in the Services.


8. REVIEWS AND FEEDBACK

Product reviews displayed in the Services may be collected and managed through a third-party review provider. An invitation to submit a verified product review may be sent after an eligible purchase. The availability and timing of review invitations may depend on that provider and the related purchase data.

If you send us ideas, suggestions, or other feedback outside the community features, you permit us to use that feedback without restriction or compensation, provided that we do not publicly identify you without permission.


9. HEALTH, NUTRITION, AND ALLERGEN INFORMATION

Recipes, nutritional values, cooking information, wellness content, and related materials are provided for general informational and educational purposes. They are not medical, dietary, or professional health advice and are not a substitute for advice from a qualified professional.

Nutritional values may be estimates and can vary based on ingredients, brands, substitutions, portions, and preparation methods. You are responsible for checking product labels and ingredients and for considering allergies, intolerances, medical conditions, dietary requirements, and food-safety practices. If you have a health concern, consult an appropriate professional before relying on information provided through the Services.


10. OPTIONAL TOOLS AND THIRD-PARTY SERVICES

The Services may link to or depend on third-party services, including Shopify, payment providers, shipping providers, Klaviyo, Loox, video providers, Apple, Google, and social or analytics platforms.

Third-party services are governed by their own terms and policies. We are not responsible for third-party content, availability, security, or practices that are outside our reasonable control. A link or integration does not necessarily mean that we endorse every aspect of that third-party service.


11. PRIVACY

Our collection, use, disclosure, and protection of personal information is described in the FitCook Privacy Policy available at:

https://fitcookfoodz.com/en/policies/privacy-policy

The Privacy Policy forms part of these Terms. Additional privacy notices from Shopify, Apple, Google, and other providers may apply to their processing of your information.


12. SERVICE AVAILABILITY AND CHANGES

We aim to keep the Services available and reliable, but we do not guarantee uninterrupted or error-free operation. Maintenance, security incidents, third-party outages, technical limits, or events outside our reasonable control may temporarily affect access.

We may update, modify, suspend, or discontinue a feature when reasonably necessary. If a change materially affects a paid Service, we will provide any notice, remedy, or refund required by applicable law or the specific purchase terms.


13. TERMINATION

You may stop using the Services at any time and may request account deletion through the Application or by contacting us. Account deletion does not automatically cancel a Shopify subscription; you must also cancel the recurring subscription through the customer subscription portal or contact us for assistance.

We may suspend or terminate access if you materially violate these Terms, create a security or legal risk, commit fraud, abuse the Services, or fail to pay applicable fees. Where reasonable and permitted by law, we will provide notice and an opportunity to correct the issue.

Provisions that by their nature should continue after termination will survive, including provisions concerning intellectual property, outstanding payments, disclaimers, limitations of liability, and dispute resolution.


14. DISCLAIMERS

To the maximum extent permitted by applicable law, the Services are provided on an “as available” basis. We do not guarantee that every feature will always be available, that all content will be error-free, or that the Services will meet every individual requirement.

Nothing in these Terms excludes warranties, guarantees, or rights that cannot legally be excluded, including rights available to consumers under applicable Quebec and Canadian consumer protection laws.


15. LIMITATION OF LIABILITY

To the maximum extent permitted by law, FitCook and its directors, employees, contractors, and service providers will not be liable for indirect, incidental, special, punitive, or consequential damages, or for loss of profits, revenue, data, goodwill, or opportunities arising from the use of or inability to use the Services.

These limitations do not apply where liability cannot be limited by law, including liability resulting from intentional or gross fault, bodily or moral injury, or mandatory consumer protection rights.


16. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold FitCook harmless from third-party claims, damages, and reasonable costs arising directly from your unlawful use of the Services, your material breach of these Terms, or User Content that violates another person’s rights. This obligation does not apply to the extent a claim results from FitCook’s own fault.


17. APPLE APP STORE AND GOOGLE PLAY

If you download the Application through the Apple App Store or Google Play, the applicable store terms also apply. These Terms are between you and FitCook, not Apple or Google.

Apple and Google are not responsible for providing maintenance or support for the Application. To the extent required by the applicable store terms, Apple and Google and their subsidiaries may be third-party beneficiaries of the provisions applicable to their platforms and may enforce those provisions.

Nothing in these Terms changes any mandatory refund, warranty, or consumer right administered by an app store or required by law.


18. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of Quebec and the federal laws of Canada applicable in Quebec, without regard to conflict-of-law principles.

Any dispute will be submitted to the courts with jurisdiction under applicable law. If you are a consumer, nothing in these Terms limits the mandatory jurisdiction or protections available to you in your place of residence.

Before starting formal proceedings, we encourage you to contact us so that we can try to resolve the issue directly.


19. CHANGES TO THESE TERMS

We may update these Terms to reflect changes to the Services, our practices, or legal requirements. The updated version will be posted on this page with a revised “Last updated” date.

Where a change is material, we will provide notice or obtain consent when required by law. Your continued use of the Services after the effective date of an update constitutes acceptance only to the extent permitted by law.


20. SEVERABILITY AND ENTIRE AGREEMENT

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.

These Terms, together with the Privacy Policy, the refund policy, the shipping policy, the subscription conditions shown at checkout, and any other policies expressly incorporated by reference, form the agreement between you and FitCook concerning the Services.


21. CONTACT US

For questions about these Terms, an order, a subscription, or the Services, contact us at:

Email: info@fitcookfoodz.com

Mailing address:
FitCook Foodz
3530 chemin d’Oka
Oka, Quebec  J0N 1M0
Canada

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