Users who post photos, images, video, data, text, exercise regimens, food logs, recipes, or other content to the Fitbit Service grant Fitbit a worldwide, royalty-free, sublicensable, transferable license to use, modify, distribute, and create derivative works from that content, including the user's name and likeness, across any media, limited to the purpose of offering and improving the Fitbit Service.
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
This provision authorizes Fitbit to reproduce, modify, sublicense, and distribute user-posted content, including names and likenesses, on a royalty-free worldwide basis. The purpose limitation to offering and improving the Fitbit Service provides some constraint, though the scope of that purpose is not further defined in the document.
Interpretive note: The scope of the purpose limitation to 'offering and improving the Fitbit Service' is not further defined in the document, creating ambiguity about what uses are authorized under the license.
Under this clause, any content a user posts to the Fitbit Service, including photos, health data logs, and associated name and likeness, may be used, modified, sublicensed, and distributed by Fitbit across any media for the stated purpose of offering and improving the Fitbit Service. The license is described as royalty-free and worldwide.
Cross-platform context
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Compare across platforms →"By making Your Content available on or through the Fitbit Service you hereby grant to Fitbit a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Fitbit Service.Excerpt from Fitbit's Terms of Service
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This provision authorizes Fitbit to reproduce, modify, sublicense, and distribute user-posted content, including names and likenesses, on a royalty-free worldwide basis. The purpose limitation to offering and improving the Fitbit Service provides some constraint, though the scope of that purpose is not further defined in the document.
Under this clause, any content a user posts to the Fitbit Service, including photos, health data logs, and associated name and likeness, may be used, modified, sublicensed, and distributed by Fitbit across any media for the stated purpose of offering and improving the Fitbit Service. The license is described as royalty-free and worldwide.
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