I don't know about Fitbit per se, but there are cases where a company says one thing in it's legal interface, but does another with it's sales interface. IOW (pure speculation on my part), Fitbit could say "don't use this for such and such" and the sales people say "yeah, we say that (wink, wink), but we don't really mean it." To be clear, I am not saying Fitbit does that, but I am familiar with other companies that have done such and gotten in trouble for it.