Fitbit Platform Terms of Service

Last revised on May 25, 2023
Effective as of June 6, 2023

Welcome to the Fitbit Platform. The Fitbit Platform, including the Fitbit APIs and Fitbit Developer Tools, is made available to facilitate innovation in health and wellness. We designed the Fitbit Platform to interact with and enhance Fitbit Products and Services and to enable responsible use of Fitbit User Data.

Fitbit devices and services can now be used with a Fitbit Account or a Google Account. When you are granted access to Fitbit User Data, you may collect Fitbit user data or Google user data which are subject to the following Platform Terms:

• The Fitbit Platform Terms of Service (Fitbit Account)
• The Fitbit Platform Terms of Service (Google Account)

If you do not agree to be bound by the above Platform Terms, then do not access or otherwise use the Fitbit Platform.

These Platform Terms govern all access to and use of the Fitbit APIs, the Fitbit Developer Tools, Fitbit Data, and any documentation or materials provided to you in connection therewith.

We may update these Platform Terms from time to time as technology evolves and we learn about new risks or opportunities to protect our users. We will always post any such update at the Fitbit Developer Portal, and the updated Platform Terms will be effective and apply to you as updated as of the date of posting. If you do not agree to be bound by an update to these Platform Terms, do not continue to access or use the Fitbit Platform.

Definitions

• “Developer Applications” means any website, application or clock face developed by you that interacts with any aspect of the Fitbit Platform or that are intended for use with Fitbit Products and Services.
• “API” means an application programming interface, including any and all related code, data, documentation, or other materials.
• “Fitbit API(s)” means any API provided by Fitbit through which Fitbit Data and other data is transmitted between your Developer Application and the Fitbit Platform.
• “Fitbit Data” means the data made available to you by Fitbit through the Fitbit API or other means.
• “Fitbit Developer Portal” means the website, documentation or other materials available at https://dev.fitbit.com.
• “Fitbit Platform” means the Fitbit Products and Services, Fitbit APIs, the Fitbit Developer Tools, and the Fitbit Data.
• "Fitbit Products and Services" means Fitbit’s applications, websites, hardware, software, services, social channels, as well as any content therein.
• "Fitbit Developer Tools" means any tool, code or documentation provided through the Fitbit Developer Portal, including, without limitation, any firmware images available for download to supported Fitbit Products and Services, the Fitbit APIs and the web-based development environment known as Fitbit Studio.
• “Open Source Software” means any software that requires as a condition of use, modification or distribution of such software that such software or other software incorporated into, derived from or distributed with such software: (i) be disclosed or distributed in source code form, (ii) be licensed for the purpose of making derivative works, or (iii) be redistributable at no charge.
• "User" means a person or entity who uses your Developer Application(s) or for which you receive or collect Fitbit Data.
• "User Data" means Fitbit Data that is associated with a User.
• "You," "Your," “you,” and “your” means either an individual or an entity, and for an individual representing an entity.

Fitbit Platform Terms of Service (Fitbit Accounts)

By using the Fitbit Platform to request access to and use User Data from Fitbit Accounts, you consent to be bound by these terms, our Developer Guidelines, and the Fitbit User Data and Developer Policy, which constitute a legal agreement between you and Fitbit LLC, acting on behalf of itself and its subsidiary Fitbit International Limited, an Irish registered company.

1. Usage Policies and Data Access Restrictions

a. You acknowledge that Fitbit or other developers may independently create applications, content, products or services that are similar to or competitive with your Developer Application. Nothing in these Platform Terms shall prevent or restrict Fitbit or other developers from creating and fully exploiting any applications, content, products or services and other items they may independently develop, with no obligation to you.

b. You may use the Fitbit APIs to retrieve, write, subscribe to changes in User Data, and display information in Developer Applications according to these Platform Terms.

c. If your Developer Application causes a User’s account to violate the Fitbit Terms of Service available here, your access to the Fitbit Platform may be suspended or revoked.

d. Fitbit reserves the right to modify or discontinue the Fitbit Platform or any component thereof, including, without limitation, any related products or services at any time without notice to you and without any form of compensation or consideration to you, regardless of the status of any Developer Applications or your research. Fitbit has no obligation to ensure that any modification of the Fitbit Platform will continue to be compatible with your existing Developer Applications.

e. Users must be permitted to express contact preferences, via notice and opt-out, at the point of collection, and in each subsequent marketing communication you send.

f. You must not display or distribute User Data to any external source without receiving the informed consent of a User. You shall not make public, or facilitate or encourage the making public of User Data. If you use Fitbit Data to publish research findings, you must ensure that any User Data has been de-identified such that it cannot reasonably be used to identify or be linked to any User, taking into account the fact that some Fitbit Data may be publicly available. You shall not deliver, allow, or enable the delivery of unauthorized or unsolicited advertising, promotional materials, junk mail, or spam through your Application. You shall ensure that your Application complies with all relevant privacy and security laws, rules, and regulations.

g. If your Developer Application accesses User Data, you must comply with Fitbit’s User authentication system to obtain such access. In particular, your Developer Application must not use any authentication interface other than what is provided by Fitbit as an API, in order to access User Data.

h. Use of the Fitbit APIs is subject to restrictions on, among other things, rate limit, use cases, and method calls as outlined on the Fitbit Developer Portal. You may not circumvent or exceed any such restrictions. If Fitbit believes that you have circumvented or exceeded any such restrictions, we may temporarily suspend or permanently revoke your ability to utilize the Fitbit APIs without notice. Fitbit may monitor your usage of the Fitbit APIs in order to improve the Fitbit Platform and to ensure compliance with our policies and applicable laws and regulations.

i. You are responsible for complying with any request by a User to remove User Data. Fitbit is not responsible for removing Fitbit Data that has been stored on third-party services, including, without limitation, your Developer Application.

j. Except as expressly authorized by these Platform Terms or as otherwise permitted in a separate executed agreement between you and Fitbit, you will not attempt or encourage others to:

• reverse-engineer, disrupt, circumvent, decompile, disassemble, translate, or otherwise interfere with the Fitbit Platform;
• copy or modify the Fitbit Platform or any component thereof;
• scrape the Fitbit Platform;
• resell or otherwise make available, without authorization, any aspect of the Fitbit Platform to third parties (third parties must register with Fitbit and agree to these Platform Terms to access the Fitbit Platform);
• export Fitbit Data for the purpose of account migration, service duplication, and/or reverse-engineering the Fitbit Data;
• render Fitbit Data within another product without complying with the display guidelines outlined below;
• use the Fitbit Platform for purposes of injecting and/or publishing known bad, harmful, and/or discriminatory data into the Fitbit Platform;
• use or access the Fitbit Platform for the purpose of monitoring the performance or functionality of the Fitbit Platform or for any other benchmarking or competitive purposes;
• obfuscate or hide the Fitbit Data;
• create user accounts on the Fitbit Platform for the purpose of load testing;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted;
• use Fitbit’s name or logos as part of your name or the name of any Developer Application you offer or in any manner that creates a false sense of endorsement or sponsorship by Fitbit;
• use the Fitbit Platform in an Developer Application that directly or indirectly promotes criminal activity, illicit drug use, or violates any applicable laws and regulations;
• use the Fitbit Platform in any inappropriate manner;
• upload or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt servers or other computer systems;
• distribute, sell, lease, rent, lend, transfer, or sublicense any part of the Fitbit Platform to any third party; or
• access or attempt to access any Fitbit server, computer system, service or content except as expressly authorized by Fitbit (e.g., if your Developer Application causes technical stress to the Fitbit Platform, we may suspend or permanently revoke your ability to utilize the Fitbit APIs without notice).

k. If you access, use, or process personal information made available by Fitbit that directly or indirectly identifies an individual and that originated in the European Economic Area, UK, or Switzerland (“EU Personal Information”), then to the extent required by applicable data protection laws, then you must:

1. Agree to the Fitbit Controller-Controller Data Protection Terms; and,
2. Provide the same level of protection as is required by the Privacy Shield Principles.

You must monitor your compliance with these conditions on a regular basis. If, at any time, you cannot meet these conditions (or if there is a significant risk that you will not be able to meet them), you must immediately notify us by email to data-protection-office@fitbit.com, stop processing EU Personal Information or take reasonable and appropriate steps to restore an adequate level of protection.

2. Rules and Restrictions for Researchers Using the Fitbit Platform

If you are using any Fitbit Data for research purposes, you agree to abide by our Research Pledge in conducting such research. If you are using any Fitbit Data obtained via the Web API for research purposes, you agree to abide by our Fitbit Web API Health Research Policy in conducting such research.

3. Rules and Restrictions for Developers Using the Fitbit Platform

When developing on the Fitbit Platform, you will:

a. Not be destructive of User Data.

b. Do your best to be true to user intent when accessing, displaying, storing, and writing User Data. You will take reasonable steps to ensure that User Data that you provide to Fitbit is reasonably accurate. Fitbit may remove or block any data that we determine to be inaccurate, inappropriate, or misleading.

c. Not overwrite or delete User Data without first confirming a User’s intent and receiving confirmation from the User that they intend to overwrite or delete their User Data.

d. Not misrepresent data to a User after retrieval from or before submission to the Fitbit Platform (e.g., when displaying User Data to be submitted to the Fitbit Platform, represent the data as it will be submitted, without potentially confusing summarization, aggregation, or exchange of units).

e. Respect Users and their privacy settings within your Developer Application.

f. For Developer Applications to be used on a supported Fitbit Product or Service, your Developer Application must comply with the Fitbit App Gallery Guidelines, and you must agree to the Fitbit Application Distribution Agreement before you can distribute your Application.

4. License and Ownership of Certain Intellectual Property

a. Subject at all times to your full compliance with these Platform Terms, Fitbit grants you a nonexclusive, revocable, non-sublicensable, non-transferable, royalty-free license as follows:

• For Developer Applications to be distributed via products other than the Fitbit Products and Services, your license is to use the Fitbit Platform (excluding the Fitbit Developer Tools) solely to develop, reproduce, and distribute (on products other than the Fitbit Products and Services) such Developer Applications that are authorized to connect to the Fitbit API.
• For Developer Applications to be distributed via Fitbit Products and Services, your license is to use the Fitbit Developer Tools, on an internal basis and with a Fitbit Product and Services controlled by you that is supported by the Fitbit Developer Tools, in order to develop and test applications solely for use on Fitbit Products and Services.

b. You hereby grant a worldwide, royalty-free license to Fitbit under all rights that are or would be necessary for Fitbit to copy, display, and/or modify your name(s), logo(s), content, and information for the limited purpose of demonstrating your Developer Application and/or promoting it on the Fitbit Platform or in any Fitbit marketing or promotional materials. However, Fitbit has no obligation to promote any Developer Application.

c. You represent and warrant that you have all rights, including all copyright, trademark, and other intellectual property rights, necessary for end users to use the Developer Applications and to grant the license described in Section 5(b) of these Platform Terms.

d. If your Developer Application includes any Open Source Software (as defined below), you agree to comply with all associated licensing terms, including, without limitation, by providing the notices and passing through the relevant licenses. You also agree not to use any Open Source Software in the development of your Developer Application in such a way that would cause the non-Open Source Software portions of the Fitbit Platform to be subject to any Open Source Software licensing terms or obligations.

e. Any third party code or other materials included as part of the Fitbit Platform is licensed to you subject to the applicable third party license.

f. You, and not Fitbit, are responsible for providing all end user support and maintenance for your Developer Applications. Fitbit has no obligation to provide any type of support for the Fitbit Platform, in particular the Fitbit Developer Tools or Fitbit APIs, or any products, services or content that are a part thereof.

g. We may collect information from you, including, without limitation, your account information and usage information relating to use of the Fitbit APIs and Fitbit Developer Tools in order to provide support and improve the Fitbit Platform as more fully described in the Fitbit Privacy Policy.

5. Website Links, Developer Application Naming Restrictions, and Use of Fitbit Marks

a. So long as you comply with these Platform Terms and the Fitbit Trademark Policy and Brand Guidelines, Fitbit grants you a nonexclusive, revocable, non-sublicensable, non-transferable royalty-free license to use the Fitbit logo(s) solely for and strictly limited to your promotion of the integration of your Developer Application with the Fitbit Platform in accordance with the limitations set forth in this Section 6.

You acknowledge and agree that these Platform Terms do not include any right to use any Fitbit logos as part of any brand for the Developer Applications themselves, or as part of any brand(s) or trade name(s) or other designators for your business or products. You further acknowledge that you shall not use any Fitbit logos in any other manner, including but not limited to use on promotional materials, standalone technical support or consulting services, or other goods or services without Fitbit's explicit written permission.

b. You may establish a link to the Fitbit website or mobile application, provided that the link does not state or imply that Fitbit sponsors or endorses you or your Developer Application, any other website, or presents Fitbit in a false, misleading, defamatory or derogatory manner. This permission does not permit you to use any Fitbit materials or content, unless separately authorized in these Platform Terms or other written agreement with Fitbit.

c. The names of your Developer Applications, your business name, or any domain name, email address, keyword, or social media account name, shall not use or incorporate in any fashion (i) "Fitbit," (ii) "bit," (iii) names of Fitbit Products and Services, whether registered or not, or (iv) any variation of (i)-(iii). Further, you shall not use the look and feel of any Fitbit materials, including, without limitation, any name, logo, icon, font, type style, or other element, to refer to your Developer Applications, your business, or in any other way, where such use would be confusingly similar to Fitbit logos or brand assets, whether registered or not, as determined in the sole and reasonable discretion of Fitbit.

d. You may make truthful, factual references to Fitbit in plain-text prose descriptions of your Developer Applications' features and benefits (including references to a Developer Application's interoperability with Fitbit). For example, the Fitbit trademark can only be used in the manner shown in one of the referential descriptions below:

• "Designed for use with the Fitbit platform"
• "For use with Fitbit [insert particular feature/product name]"
• "Syncs with Fitbit [insert particular feature/product name]"
• "Designed to interact with Fitbit data"

These phrases can appear near, but must be completely separate and apart from the name/logo of the Developer Application. The font size of phrases using the Fitbit mark should not be larger than the surrounding font, and should not appear more prominently than the name/logo of the Developer Application.

e. In all materials that contain an approved phrase as set out above, including product packaging, the following legend must also be placed in the fine print of such materials. The legend may be in a small type size, but must still be legible: "Fitbit is a registered trademark or trademark of Fitbit, LLC in the United States and certain other countries. A list of Fitbit logos can be found at www.fitbit.com/legal/trademark-list. The [Insert name of the Developer Application] application is designed for use with the Fitbit platform. This application is not authored by Fitbit, and Fitbit does not service or warrant the functionality of this application."

6. Reservation of Rights and Ownership

The Fitbit Platform is licensed, not sold, and Fitbit reserves all rights not expressly granted to you by these Platform Terms. The Platform Terms in no way convey any ownership right to you in the Fitbit Platform or any Fitbit Data accessed by your Developer Application(s).

7. Compliance with Laws, Representations, and Warranties

You are solely responsible for compliance with all laws and regulations that apply to you, including, without limitation, those applicable to your collection, maintenance, sharing, storage, and/or use of Fitbit Data and User Data, and agree to indemnify and hold Fitbit harmless for any violations of such laws and regulations. This includes, but is not limited to: (1) Fitbit Data and/or User Data used in connection with clinical human subject research; (2) the requirements of the Health Insurance Portability and Accountability Act ("HIPAA") and/or the use of Fitbit Data and/or User Data in relation to a product or service that qualifies as a medical device in section 201(h) of the Federal Food Drug & Cosmetic ("FD&C") Act; and (3) any use of your Developer Application for a High-Risk Activity (as defined below). For each of the use cases described in items (1) - (3), you must collect informed consent from each User in order to use their User Data in connection with such use cases.

8. Your Feedback

Any feedback, suggestions and ideas that you provide to Fitbit regarding the Fitbit Platform, or content or services related thereto ("Feedback") may be treated by Fitbit as non-confidential, and Fitbit may, in its sole discretion, use the Feedback you provide to Fitbit in any way, including in future modifications of the Fitbit Platform or content or services related thereto, and/or advertising and promotional materials relating thereto. You hereby grant Fitbit a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to make, use, sell, offer for sale, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner and for any purpose.

9. Termination

We may immediately suspend or revoke your access to or use of the Fitbit Platform or any portion thereof, or, if necessary, terminate our agreement with you to these Platform Terms, in part or in their entirety, at any time for any reason. Fitbit will not be liable for any costs, expenses, or damages that may result from any such suspension, revocation or termination. Any suspension, revocation or termination under this Section may be exercised by Fitbit without notice to you.

The following Sections of the Platform Terms shall survive any termination or expiration: Sections 2 (Usage Policies and Data Access Restrictions), 3 (Rules and Restrictions for Researchers Using the Fitbit Platform), 4 (Rules and Restrictions for Developers Using the Fitbit Platform), 10 (Termination), 11 (Confidentiality), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Government Use), 16 (Assignment), 17 (No Agency, Partnership, or Joint Venture), 18 (Governing Law & Forum for Legal Disputes), 19 (Waiver & Severability), 20 (Email Notice), 21 (Notice for California Users), 22 (Force Majeure), and 23 (Export Restrictions).

Upon any termination of these Platform Terms: (a) you will immediately stop using the Fitbit Platform and the Fitbit Data, and (b) all licenses granted to you by Fitbit will cease. If your Developer Application makes use of the Fitbit APIs, your Developer Application may no longer function as intended after termination of these Platform Terms.

10. Confidentiality

You may be given access to certain non-public proprietary information, software, and specifications related to the Fitbit Platform and Fitbit Products and Services (the “Confidential Information”). You shall use this Confidential Information only as necessary in exercising the rights granted to you by these Platform Terms. You shall not disclose any Confidential Information to any third party without our prior written consent and you agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

11. Disclaimers

EXCEPT AS EXPRESSLY SET OUT IN THESE PLATFORM TERMS, FITBIT DOES NOT MAKE ANY SPECIFIC PROMISES REGARDING THE FITBIT PLATFORM, INCLUDING THE FITBIT APIS AND FITBIT DEVELOPER TOOLS. FOR EXAMPLE, WE DON'T MAKE ANY REPRESENTATIONS ABOUT THE FITBIT DATA ACCESSED THROUGH THE FITBIT APIS, YOUR ABILITY TO UTILIZE THE FITBIT DEVELOPER TOOLS TO CREATE DEVELOPER APPLICATIONS, OR THE SPECIFIC FUNCTIONS OF THE FITBIT APIS OR FITBIT DEVELOPER TOOLS OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE FITBIT DATA, THE FITBIT APIS, THE FITBIT DEVELOPER TOOLS AND THE FITBIT PLATFORM, ALONG WITH ANY OTHER MATERIALS PROVIDED BY FITBIT IN CONNECTION WITH YOUR USE OF THE FITBIT APIs OR FITBIT DEVELOPER TOOLS ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FITBIT DOES NOT WARRANT THAT THE FITBIT APIs, THE FITBIT DEVELOPER TOOLS, THE FITBIT PLATFORM, OR ANY OTHER MATERIALS PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS, BE ERROR FREE, UNINTERRUPTED, VIRUS FREE, OR SECURE.

12. Limitation of Liability

WHEN PERMITTED BY LAW, FITBIT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE PLATFORM TERMS OR YOUR USE OF THE FITBIT APIS, THE FITBIT DEVELOPER TOOLS, OR THE FITBIT PLATFORM, WHETHER ARISING FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE PLATFORM TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, FITBIT’S AND ITS SUPPLIERS’ AND DISTRIBUTORS’ AGGREGATE LIABILITY UNDER THESE PLATFORM TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE FITBIT WEB API OR FITBIT DEVELOPER TOOLS DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IN ALL CASES, FITBIT WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

13. Indemnification

You will indemnify, defend and hold Fitbit and its directors, officers, employees, contractors, agents, and users harmless from and against any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (a) any act or omission by you or your Users in connection with your use of the Fitbit Platform, or the Fitbit logos; (b) your use of the Fitbit Platform or the Fitbit logos other than as expressly allowed by these Platform Terms; (c) your or your User’s breach or alleged breach of these Platform Terms; (d) any content or data transmitted by or used in conjunction with the Fitbit APIs by you, those acting on your behalf, or your Users, (e) your use of User Data or (f) your Developer Application, including but not limited to claims of intellectual property infringement. You will assume control of the defense and settlement of any claim subject to indemnification by you; provided, however, that Fitbit may, at any time, elect to take control of the defense and settlement of any such claim. In any event, you will not settle any such claim without Fitbit's prior written consent.

14. Government Use

If you are part of an agency, department or other entity of the U.S. Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Fitbit Platform are restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Fitbit APIs and Fitbit Developer Tools constitute a "commercial item," "commercial computer software," and "commercial computer software documentation." In accordance with such provisions, any use of the Fitbit APIs or Fitbit Developer Tools by the U.S. Government shall be governed solely by these Platform Terms.

15. Assignment

You shall not assign these Platform Terms or any rights or obligations hereunder without the prior written consent of Fitbit. Any attempted assignment without such prior written consent shall be void. Fitbit may assign these Platform Terms, and will provide you written notice of any such assignment.

16. No Agency, Partnership, or Joint Venture

These Platform Terms do not create or imply any partnership, agency, or joint venture between the parties hereto.

17. Governing Law and Forum for Legal Disputes

These Platform Terms will be governed by the laws of the State of California, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to these Platform Terms will be brought exclusively in the federal or state courts of San Francisco County, California, USA and you consent to personal jurisdiction in those courts.

18. Waiver and Severability

These Platform Terms constitute the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior proposals, understandings, and communications between the parties with respect to that subject matter. No waiver by Fitbit of any covenant or right under these Platform Terms will be effective unless such waiver is in writing and duly authorized by Fitbit. If any part of these Platform Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Platform Terms will remain in full force and effect.

19. Email Notice

All notices to you in connection with these Platform Terms may be delivered via email at the email address provided to Fitbit by you, and you agree that these email communications satisfy any legal requirements.

20. Notice for California Users

California residents may have these Platform Terms mailed to them electronically by sending to Fitbit the User’s email address and a request for these Platform Terms. California’s Civil Code Section 1789.3 provides that Users of the Fitbit Platform are entitled to the following consumer rights notice:

• The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

21. Force Majeure

Fitbit is not responsible for any failure to perform, loss of service, or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (e.g., fire, storms, floods, earthquakes, etc.), acts of terrorism, civil disturbances, pandemic, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services by any third party providing service to Fitbit, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.

22. Export Restrictions

You acknowledge that you will comply with U.S. Export Administration Regulations. You will not export or re-export this product, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons.

Fitbit Platform Terms of Service (Google Accounts)

By using the Fitbit Platform to request access to and use User Data from Google Accounts, you consent to be bound by these terms, the Google APIs Terms of Service, Google API Services User Data Policy, our Developer Guidelines, OAuth 2.0 Policies, and the Fitbit User Data and Developer Policy which constitute a legal agreement between you and Google LLC.

Archive of Previous Platform Terms of Service