End-User License Agreement

InCite by FitProof  ·  Effective date: August 11, 2026
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1. Agreement

This End-User License Agreement (“Agreement”) governs use of the InCite platform and related services (“InCite” or the “Service”) provided by FitProof (“FitProof,” “we,” “us”). By accessing or using InCite, you agree to this Agreement on behalf of yourself and, if you use InCite for an organization, on behalf of that organization (“Customer”). If a separate written agreement between FitProof and Customer covers the Service (for example, a master services agreement or a business associate agreement), that agreement controls where it conflicts with this one.

2. License and acceptable use

FitProof grants Customer a limited, non-exclusive, non-transferable right to use InCite for Customer’s internal operations during the subscription term. You agree not to:

  • resell, sublicense, or provide the Service to third parties;
  • reverse engineer, copy, or create derivative works of the Service;
  • use the Service to violate law, or upload content you do not have the right to use;
  • attempt to access another organization’s data or circumvent security controls;
  • use the Service to build a competing product.

3. Customer data

Customer owns its data. FitProof processes Customer data solely to provide and secure the Service, as described in the InCite Privacy Policy, which is incorporated into this Agreement. Customer is responsible for having the rights and permissions necessary for the data it uploads and the systems it connects, and for the accuracy of source data in those systems.

4. Connected systems (integrations)

InCite can connect to third-party systems (for example QuickBooks Online, Square, BILL, payroll and case-management systems) with credentials authorized by Customer’s administrators. Connections are read-only wherever the third-party vendor supports it. Customer may revoke a connection at any time. Third-party systems are governed by their own terms; FitProof is not responsible for the third-party services themselves, and their availability may affect features that depend on them.

5. AI features

InCite includes AI-assisted analysis and reporting. AI outputs are generated from Customer’s data and reputable reference sources, and are designed to cite where figures come from — but they are informational tools, not professional advice. Customer is responsible for reviewing outputs before relying on them for financial, legal, tax, audit, or compliance decisions. FitProof does not permit its AI providers to train their models on Customer data.

6. Accounts and security

Customer is responsible for its users’ credentials and for maintaining the confidentiality of sign-in factors. Customer will notify FitProof promptly of any suspected unauthorized access. FitProof may suspend access to protect the security or integrity of the Service.

7. Protected health information

If Customer’s use of the Service involves protected health information under HIPAA, the parties will execute a business associate agreement, and that agreement governs PHI. Customer agrees not to introduce PHI into the Service outside the channels contemplated by that agreement.

8. Fees

Fees, billing, and term are as set out in the applicable order or subscription agreement between FitProof and Customer.

9. Intellectual property

FitProof retains all rights in the Service, including software, models of operation, and documentation. Feedback Customer chooses to provide may be used to improve the Service without obligation.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITPROOF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INCITE PROVIDES INFORMATIONAL ANALYSIS AND DOES NOT PROVIDE ACCOUNTING, LEGAL, TAX, OR AUDIT SERVICES; OUTPUTS ARE NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, OR DATA, AND FITPROOF’S AGGREGATE LIABILITY ARISING OUT OF THE SERVICE WILL NOT EXCEED THE FEES PAID BY CUSTOMER FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

12. Term and termination

This Agreement applies while Customer uses the Service. Either party may terminate for material breach not cured within thirty (30) days of notice. On termination, Customer’s access ends; Customer may request export of its data, and FitProof will delete Customer data from production systems within a commercially reasonable period, subject to legal retention requirements.

13. General

This Agreement is governed by the laws of the State of New Jersey, without regard to conflicts of law. If any provision is unenforceable, the remainder stays in effect. FitProof may update this Agreement prospectively; material changes will be posted on this page with an updated effective date, and continued use of the Service after the effective date constitutes acceptance.

Contact

FitProof · Info@fit-proof.com