This analysis describes what Fitbit's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The clause creates a dual governance framework where Google's standard terms form the primary contractual foundation for account holders, with Fitbit terms applying as supplementary obligations. The conflict resolution mechanism ensures a single authoritative standard when the two agreements diverge.
Users with Google Accounts are subject to obligations and authorizations under both agreements, but where contradictions exist, the Google Terms of Service governs the relationship. This means the scope of permitted uses, data practices, liability limitations, and dispute resolution procedures are determined first by Google's terms.
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"If you use your Fitbit devices and services with a Google Account, then you are subject to the Google Terms of Service and these Fitbit Terms of Service supplement, but do not replace, the Google Terms of Service. In the event of a conflict between these Fitbit Terms of Service and the Google Terms of Service, the Google Terms of Service shall control.— Excerpt from Fitbit's Fitbit Terms of Service
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The clause creates a dual governance framework where Google's standard terms form the primary contractual foundation for account holders, with Fitbit terms applying as supplementary obligations. The conflict resolution mechanism ensures a single authoritative standard when the two agreements diverge.
Users with Google Accounts are subject to obligations and authorizations under both agreements, but where contradictions exist, the Google Terms of Service governs the relationship. This means the scope of permitted uses, data practices, liability limitations, and dispute resolution procedures are determined first by Google's terms.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Fitbit.