Terms and Conditions
Last updated effective October 22, 2024
1. Introduction
Welcome to Fit-X (the "App"). These Terms and Conditions ("Terms") govern your use of the App, which is provided by Fit-X LLC ("we," "us," or "our"). By using the App, you agree to be bound by these Terms. If you disagree, please do not access or use the App.
2. Eligibility
You must be 18 years or older to use the App. By using it, you confirm that you meet this age requirement. Persons under the age of 18 are not permitted to access or use the App.
3. Account Registration
You must register an account (“Fit-X Account”) to use the App. You agree to provide accurate information and update it as needed. You are responsible for the security of your Fit-X Account and all actions taken under your credentials.
4. Use of the App
4.1 Grant of License
Fit-X LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the App, and (2) access and view the Fit-X Content (as defined in Section 7 herein) as authorized in these Terms.
4.2 Personal Use
The App is intended for personal use only. You agree not to use the App for any commercial purposes without our prior written consent.
4.3 Prohibited Activities
You agree not to:
- Use the App for any illegal purpose.
- Attempt to gain unauthorized access to the App or its related systems or networks.
- Interfere with or disrupt the operation of the App.
- Upload or transmit any viruses, malware, or other harmful code.
- Use any automated system, including "robots," "spiders," or "offline readers," to access the App.
5. Use of the App At Your Own Risk
If you rely on the App or any Fit-X Content ((as defined in Section 7 herein), you do so solely at your own risk.
The App provides personalized fitness and training recommendations using artificial intelligence ("AI"). While we strive to provide accurate and helpful information, we make no endorsement, representation, or warranty of any kind about the App, or about any Fit-X Content, information, or services. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the App.
The AI-generated content is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult with a healthcare professional before starting any new fitness program. We are not responsible for any health problems that may result from fitness programs, the use of fitness equipment, consultations, products, or events you learn about through the App. If you engage in any fitness program or recommendation you receive or learn about through the App, you agree that you do so at your own risk and are voluntarily participating in these activities.
6. Privacy
Please review our standalone Privacy Policy to understand how we collect, use, and protect your personal data. By registering for a Fit-X Account, or accessing or using the App, you acknowledge that you have had the opportunity to review our Privacy Policy, and you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.
7. Intellectual Property
All content and materials available on the App, including but not limited to text, graphics, logos, icons, images, fitness regimens, fitness recommendations, software, and other content or materials generated, provided, or otherwise made available through the App (collectively, the “Fit-X Content”), are the property of Fit-X LLC or its licensors. The App, its underlying technology, and the Fit-X Content are protected by copyright, patent, trademark, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App without our prior written consent. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fit-X LLC or its licensors, except for the licenses and rights expressly granted in these Terms.
8. Third-Party Services
The Fit-X Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Fit-X’s control. This may include the opportunity for you to link your Fit-X Account or the App with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with your Fit-X Account or the App are not part of the App and are not controlled by Fit-X, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Fit-X Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.
9. Disclaimers
The App is provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, regarding the App, including but not limited to its accuracy, reliability, completeness, or timeliness. We disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
10. Limitation of Liability
To the fullest extent permitted by law, Fit-X LLC and its affiliates, directors, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, service interruption, or other intangible losses, resulting from your use of or inability to use the App, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIT-X LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL FIT-X LLC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO FIT-X LLC FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100 USD), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FIT-X LLC, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FIT-X LLC AND YOU.
IF YOU ARE LOCATED IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend, and hold harmless Fit-X LLC and its affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App.
We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Governing Law and Dispute Resolution
These Terms and your use of the App will be governed by and construed in accordance with the laws of Delaware, including the Uniform Arbitration Act (10 Del. C. § 5701 et seq.), without regard to its conflict of law principles.
Each party consents to submit all disputes arising under these Terms and Conditions (excluding requests for injunction) exclusively to the American Arbitration Association (AAA) for binding arbitration. The arbitration shall be governed by the United States Arbitration Act, shall be conducted in Delaware, and judgment on the award may be entered by any court having jurisdiction. The arbitrator shall not limit, expand or modify the terms of these Terms. All requests by any party to a court for interim protection (including any request for injunction) shall be subject to the exclusive jurisdiction of and venue of any of the state or federal courts sitting in Delaware, and shall not affect either party’s obligation hereunder to arbitrate all other disputes. Each party shall bear its own expenses and an equal share of all arbitration fees and costs. The arbitrator(s) shall be competent in the legal and technical aspects of the subject matter of these Terms. The arbitration hearings, orders and awards shall be held in confidence by all participants.
You may only resolve disputes with Fit-X LLC on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the App or the Fit-X Content must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
13. Changes to the App
Fit-X LLC may change or discontinue, temporarily or permanently, any feature, component, or content of the App at any time without notice. We are not liable to you or to any third party for any suspension, modification, or discontinuance of any feature, component, or content of the App. We reserve the right to determine the timing, content, and release of any software updates.
14. Changes to Terms
We may update these Terms and our Privacy Policy from time to time in our sole discretion. If we make material changes, we will notify you by posting the updated Terms or Privacy Policy on the App or through other communications. Your continued use of the App after the effective date of the update constitutes your acceptance of the changes.
15. Termination
We reserve the right to suspend or deactivate your Fit-X Account or your access to certain aspects or all of the App, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove any information related to your Fit-X Account.
You may close your Fit-X Account at any time by contacting support@fit-x.tech.
The following sections will survive the termination of these Terms: 4.3, 5, 6, 7, 8, 9, 10, 11, 12,14, and 15.
16. Contact Information
If you have any questions about these Terms, please contact us at support@fit-x.tech.