This End User License Agreement ("Agreement") is a legal contract between you ("User") and Fitness Pact LLC ("Company") governing the utilization of the app Fitness Pact ("Product/Service").
1. Acceptance of Terms
By accessing and utilizing the Product/Service, you agree to abide by the terms and conditions outlined in this Agreement. If you disagree with any part of this Agreement, you must refrain from using the Product/Service.
1. Use of the Services and Your Account
1.1 Eligibility
To access and use the Services, you must be at least 13 years old (unless otherwise specified in the International Terms section applicable to specific jurisdictions). Individuals under the age of 13 are prohibited from using the Services or providing any Personal Data (as defined in the Privacy Policy) to us.
1.2 Account Creation
Access to certain Services may require the creation of a Fitness Pact account. It is imperative that you maintain accurate and current information in your account, particularly your email address, which is crucial for identity verification and account recovery in case of password loss.
When setting up an account, you must provide precise and comprehensive information as prompted during the registration process and keep this information updated. Failure to do so may result in incorrect operation of certain Services and may hinder our ability to communicate important notices to you.
You are responsible for maintaining the confidentiality of your account credentials and must promptly report any actual or suspected unauthorized use, loss, or theft of your account or password to our Support Team. We shall not be liable for any losses incurred due to unauthorized use of your account.
If you are a resident of the European Union: You have the right to request deletion of your account by contacting our Support Team. Permanent deletion of your account will also entail deletion of associated non-public Personal Data.
1.3 Service Updates, Changes, and Limitations
Our Services are subject to ongoing enhancements and adjustments to cater to evolving user needs. We retain the right to implement changes, impose usage limits, or temporarily suspend or terminate specific Services as necessary. Updates to our Services may be provided periodically, and it is essential to install these updates for optimal functionality.
The nature and features of the Services may undergo modifications without prior notification. We may deliver updates, including automatic updates, encompassing enhancements, bug fixes, or new features ("Updates"). Failure to install Updates may lead to certain Services functioning improperly. By utilizing our Services, you consent to the reception of automatic Updates and acknowledge that the Terms, including any modifications, shall apply to all Updates. We retain the discretion to discontinue or modify any aspect of the Services without obligation to provide prior notice or assume liability.
1.4 Service Monitoring and Suspension
We reserve the right to deny Services to any individual and may monitor, terminate, or suspend accounts or access to the Services at our discretion.
We retain the authority, though not the obligation, to monitor account activities and any usage associated with the Services, including interactions within groups, as well as access to Personal Data and profiles of other users.
Additionally, we may deactivate, terminate, or suspend your account or access to specific Services if we determine, at our sole discretion, that you have violated these Terms or pose a risk to Fitness Pact, the public, a third party, or any Service user, or in response to law enforcement requests, Service discontinuation, or unforeseen technical issues. We will strive to notify you via email or upon your next login attempt following any such deactivation, termination, or suspension.
1.5 Security
Promptly report any suspected unauthorized access to your account to our Support Team.
We prioritize the security of our users' information and employ measures to safeguard Personal Data, User-Generated Content, and account integrity. However, we cannot guarantee immunity against unauthorized access by third parties. Notify our Support Team immediately if you suspect or detect any breaches or unauthorized access to your account.
2. Ownership and Use of Content
2.1 Definitions
Content encompasses all information and creative expressions visible within the app or on the website when utilizing our Services. User-Generated Content refers to any content created by you or other users, while Fitness Pact Content comprises all other content.
For the purposes of this Agreement: (i) “Content” includes various forms of information, data, and creative expressions, such as video, audio, images, text, software, and intellectual property assets, accessible through the Services; (ii) “User-Generated Content” pertains to content submitted, transferred, or provided by users via the Services; and (iii) “Fitness Pact Content” encompasses all content that is not User-Generated Content.
2.2 Ownership
You retain ownership of the content you create, while we retain ownership of the content we create.
All Fitness Pact Content, along with the associated intellectual property rights, including copyrights, trademarks, and patents, belong to Fitness Pact, its partners, or relevant third parties. Users maintain ownership and rights over the User-Generated Content they create but grant Fitness Pact a license to utilize this content as outlined in Section 2.5 below. Fitness Pact, its partners, or third parties retain ownership and rights over all Fitness Pact Content. Except as expressly permitted in this Agreement, no rights or licenses are granted to use any Fitness Pact Content without prior written authorization.
2.3 Our License to You
You are granted a limited, non-transferable, non-exclusive license to access and use the Fitness Pact Content and Services for personal, non-commercial purposes. We encourage you to respect our intellectual property rights and to utilize Fitness Pact Content and Services solely as intended. Commercial usage of Fitness Pact Content and Services requires prior permission.
Subject to your compliance with these Terms, you are granted a revocable license to access and use the Services and Fitness Pact Content for personal, noncommercial purposes. This license does not authorize copying, modifying, or selling any Fitness Pact Content or Services.
2.4 Acceptable Usage Guidelines
2.4.1 Fitness Pact Content
Unless explicitly permitted by Fitness Pact, you agree not to modify, sell, or create derivative works based on the Services or Fitness Pact Content. Restrictions also apply to downloading or copying Fitness Pact Content, except where expressly permitted or for personal use.
2.4.2 Commercial Usage of the Services
The Services are intended for personal, non-commercial use, except for certain Commercial Tools provided on Fitness Pact branded websites.
2.4.3 Linking to the Services
If you would like to link to our Services on your website or App, please follow these rules:
(i) Any link to the Services must be a text-only link clearly marked “Fitness Pact” (without the use of any other trademark, logo copyright, or any other intellectual property asset owned or controlled by Fitness Pact) or in some other format directed by us.
(ii) The appearance, position, and other aspects of the link may not damage or dilute the goodwill associated with our marks.
(iii) The link must “point” to the root domain name of the Services and not to other pages within the Services.
(iv) The appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Fitness Pact.
(v) When selected, the link must display the Service on full-screen and not within a “frame” on the linking website or service.
(vi) We reserve the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.
2.5 Your License to Fitness Pact
When you contribute Content within the scope of our Services, it remains your property. However, by doing so, you grant us permission to utilize that Content within our Services and to make it accessible to others. We retain the right to edit or remove your Content from our Services at our discretion and for any reason. Do not share any Content that does not belong to you or for which you lack proper authorization.
By submitting User-Generated Content to Fitness Pact through our Services, you provide us and our users with a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide license to utilize, store, reproduce, display, distribute, modify, adapt, commercialize, create derivative works, and otherwise exploit such User-Generated Content in connection with our Services. You acknowledge and accept that: (a) we possess the liberty to arrange the presentation of User-Generated Content as we see fit; (b) we are not obligated to provide you with any form of acknowledgment for the use of your User-Generated Content, but if we opt to do so, the size and placement of such acknowledgment will be determined solely by us; and (c) you are not entitled to any form of compensation or remuneration from us for the utilization of your User-Generated Content.
The rights granted under this license are solely for the purpose of enabling Fitness Pact to operate, allowing other users to use the Services as intended, enhancing the Services, and developing new features. However, we commit not to utilize any of your User-Generated Content in a manner inconsistent with our Privacy Policy.
We retain the right to monitor, remove, or modify User-Generated Content at any time and for any reason, including content we believe violates these Terms, our Community Guidelines, and/or our policies.
You agree to uphold the intellectual property rights of others. You affirm and warrant that you possess all necessary rights to grant Fitness Pact the aforementioned license for all User-Generated Content submitted by you within the context of our Services and agree to indemnify us for any breach of this affirmation and warranty.
3. Community Guidelines
3.1 Interactive Areas
Our Services feature community elements where you can engage with others. Content you post in these areas may become public. While we may occasionally monitor these features, ultimately, you are accountable for your interactions. Please exercise good judgment and treat others with respect.
Certain Services may offer interactive spaces where users can post User-Generated Content and engage with one another ("Interactive Areas"). You are solely responsible for your participation in these areas and for the User-Generated Content you contribute, including its accuracy and appropriateness. Given the public nature of Interactive Areas, be mindful that any content you share may remain public. Thus, refrain from posting any Personal Data in these spaces.
We reserve the right, though not the obligation, to oversee our community features. You are responsible for your interactions with other users, online or offline, including comments, groups, and feeds. We bear no responsibility for any losses or damages resulting from such interactions. By releasing Fitness Pact from any liability, you acknowledge that we are not obliged to intervene in disputes between users.
3.2 Community Guidelines
Our aim is to foster a safe and supportive environment for achieving fitness and wellness goals. To maintain this environment, users must refrain from posting inappropriate content, harassing others, sending spam, infringing intellectual property rights, or engaging in inappropriate behavior. Exercise reason and act responsibly.
Our Services are designed to cultivate a safe and supportive community for all users. To uphold this, everyone must adhere to our rules (the "Community Guidelines") when posting User-Generated Content and using the Services. These guidelines are often rooted in legal principles. Violating them may result in criminal charges or civil liability. By using the Services, you agree that your User-Generated Content and use of the Services, including Interactive Areas, will comply with the Community Guidelines. Violations may lead to termination of access to the Services.
No Inappropriate Content. Avoid posting Content that is harassing, threatening, abusive, or offensive. Derogatory references to sex, gender, age, weight, disability, ethnicity, religion, or sexual orientation, as well as any endorsement of violence, are prohibited. Refrain from posting defamatory, obscene, pornographic, or inflammatory material. Disagreements should be expressed respectfully without mocking or insulting others.
No Hijacking, Trolling, or Flame-baiting. Stay on-topic in forum discussions and avoid derailing threads. Provocative or inflammatory posts are not allowed.
No Promotion of Unsafe Practices. Content promoting dangerous weight-loss techniques or eating disorders is prohibited. This includes endorsing controversial weight-loss products or extreme dieting methods.
No Harm to Minors. Do not use the Services in a manner that harms minors.
No Disruptions, Exploits, or Abuse. Avoid interfering with the operation of the Services or engaging in resource abuse.
No Spam. Refrain from spamming posts, replies, or messages.
No Illegal Content. Do not advocate or promote illegal activities.
No Soliciting Personal Data. Do not post or request Personal Data from third parties in Interactive Areas.
No Public Posting of Private Conversations. Avoid publicly posting private communications without consent.
No Breach of Legal Duty. Do not post Content that breaches contractual or legal obligations.
No Deceptive Links. Avoid posting misleading or fraudulent links.
No Intellectual Property Infringement. Respect the intellectual property rights of others.
No Impersonation. Do not impersonate others or deceive users.
No Automated Queries. Do not send automated queries without permission.
Other. Avoid posting objectionable Content that inhibits others from enjoying the Services.
We reserve the right to address violations of the Community Guidelines by taking actions such as terminating access to the Services or removing User-Generated Content. Enforcement of these guidelines is at our discretion and does not create a contractual obligation to act in a specific manner.
3.3 Reporting Objectionable User-Generated Content
While we strive to maintain a safe community, inappropriate content may occasionally appear before we can address it. If you encounter objectionable Content, please report it to us.
While we expect users to adhere to the Community Guidelines, we cannot guarantee compliance at all times. If you believe any Content violates the guidelines or your User-Generated Content is being misused, please report it to our Support Team. We reserve the right to review and take action on reported User-Generated Content. You acknowledge that using the Services exposes you to User-Generated Content from various sources, and we are not liable for its accuracy, safety, legality, or appropriateness.
We are not responsible for any harm resulting from objectionable User-Generated Content or user non-compliance with our Community Guidelines.
4. Intellectual Property/ DMCA
We uphold intellectual property rights and take allegations of infringement seriously. If you suspect any wrongdoing, please contact us via email at support@fitnesspact.com.
Should you believe that User-Generated Content or Fitness Pact Content violates copyright or trademark laws, whether under U.S. regulations or those of another nation, please notify us promptly using the provided contact details. It is our policy to thoroughly investigate any claims of infringement brought to our attention. When submitting your notice of suspected violation, kindly include the following details:
- Identification of the infringed material.
- Specific details regarding the allegedly infringing material, including its location, to facilitate verification.
- Contact information for the Notifying Party, comprising name, address, telephone number, and email address.
- A declaration from the Notifying Party asserting a genuine belief that the material lacks authorization from the owner, agent, or law.
- A statement, under penalty of perjury, affirming the accuracy of the notice and the Notifying Party's authority to represent the owner.
- A physical or electronic signature of an authorized person acting on behalf of the allegedly infringed material's owner.
Your notice should bear a signature (physical or electronic) and be sent to us via email at support@fitnesspact.com.
Please note that failure to adhere to all requirements of this section may invalidate your notice. Certain information from a notice of infringement may be shared with the user responsible for the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA, individuals who knowingly misrepresent material or activity as infringing may face liability. For further guidance on preparing or responding to a DMCA notice, visit www.copyright.gov, or for trademark rights, refer to www.uspto.gov/trademark.
5. Third Party Links and Services
Our Services may connect to, engage with, or be accessible through third-party platforms or products, such as social media platforms and external devices. If you utilize such third-party platforms or products, please note that different terms and privacy policies govern your interactions with these services.
5.1 Social Networking and Logins
You have the option to enable or sign in to our Services using various online third-party platforms, such as social media or networking services like Facebook ("Social Networking Services"). To utilize these features, you may be prompted to authenticate or register on the respective websites of these providers. Through this integration, Social Networking Services may grant us access to certain information you've provided to them, which we will handle in accordance with our Privacy Policy. It's important to understand that the usage, storage, and disclosure of your information by Third-Party Services (including Social Networking Services) are governed solely by their policies. We hold no liability or responsibility for the privacy practices or actions of any third-party website or service accessible within our Services. Moreover, we do not guarantee the accuracy, availability, or reliability of any content, goods, or information provided by Social Networking Services. Therefore, we disclaim liability for any damages or losses arising from the use or reliance on such services.
5.2 Third-Party Applications
Certain links, applications, content, services, promotions, or events ("Third-Party Applications") may be accessible through our Services. If you choose to utilize these Third-Party Applications, you may need to log in and sync your accounts with them. Please note that your decision to use Third-Party Applications is entirely voluntary, and you assume all associated risks. We are not responsible for the accuracy, availability, or reliability of any content, information, or services provided by Third-Party Applications. Consequently, we disclaim liability for any damages or losses resulting from the use or reliance on Third-Party Applications.
5.3 Third Party Products
Our Services may be compatible with third-party devices or products ("Third-Party Products"), and certain features may require the use of these products (e.g., fitness trackers, smart scales, etc.). While we may endorse or advertise products from specific partners, we do not assume responsibility for your acquisition or use of any Third-Party Products. We cannot guarantee that Third-Party Products will integrate seamlessly with our Services or operate without errors. Therefore, we disclaim liability for all Third-Party Products, including those offered by our partners.
6. Mobile Services
While we endeavor to ensure that our Services are accessible across various platforms, we cannot guarantee compatibility with every device. If you encounter any questions or issues regarding compatibility, please reach out to our Customer Support team for assistance—we're here to help. Please note that by using the App, you may be subject to standard data and messaging rates, as well as the regulations of the app store from which you downloaded the application.
6.1 Wireless Carrier and Device Considerations
In order to utilize our App, you'll need a device that is compatible with it. However, we cannot guarantee compatibility with all devices.
6.2 Mobile Application License
We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use the App downloaded from a legitimate marketplace, strictly in object code format, and solely for your lawful personal use. Any open-source or third-party code incorporated into the App is subject to the applicable open-source or third-party license agreement, if any, governing its use.
6.3 App Stores
If you download the App from a third-party app store (referred to as the "App Provider"), you acknowledge and agree to the following:
- The Terms constitute an agreement between you and us, not with the App Provider. Fitness Pact is solely responsible for its applications in relation to the App Provider.
- The App Provider is not obligated to provide maintenance and support services for the App.
- Any warranty claims regarding the App should be directed to Fitness Pact, as the App Provider bears no warranty obligation.
- Claims relating to the App or its use are the responsibility of Fitness Pact, not the App Provider.
- In case of intellectual property infringement claims, Fitness Pact will handle the investigation, defense, settlement, and discharge, as required by the Terms.
- The App Provider and its subsidiaries are third-party beneficiaries of the Terms regarding your App license. By accepting the Terms, the App Provider is deemed to have accepted the right to enforce these Terms against you.
- You must also adhere to any applicable third-party terms of service while using the App.
7. Paid Services
If you opt for any of our paid services, such as our Premium Subscriptions, the following payment and billing terms will be applicable. Paid services and billing may automatically renew unless canceled, and cancellation is possible at any time.
7.1 Payment Terms
We offer certain premium versions of the Services (e.g., Premium Subscriptions) for a fee. By subscribing to and using these Premium Services, you agree to our Terms, and any additional terms provided here. Please note that by subscribing to Premium Services, you waive your 14-day right of withdrawal as permitted by law, allowing immediate access to the services.
Premium Services grant access to enhanced content, features, and functionality, and provide an ad-free experience. By subscribing to and using these services, including Free Trials, you agree to pay any applicable fees or charges associated with them, such as ongoing subscription fees.
Upon subscribing to Premium Services, you must provide information about your preferred payment method, which must be accurate and up to date. You authorize us to collect fees for the Premium Services and any other purchases made via the Services through automatic debit or ACH from your Payment Method.
You can opt to pay for Premium Services on a monthly, annual, or lifetime basis. All fees for Premium Services are payable in advance unless otherwise stated and will be automatically billed to your Payment Method at the beginning of each premium service period. Premium Services will continue to auto-renew until you choose to cancel. Please note that all purchases of Premium Services are final and non-refundable, except at our discretion and as outlined for each Premium Service.
7.2 Termination or Cancellation of Premium Services
Failure to pay the fees or charges for Premium Services may result in the disabling or termination of your access to these services. You have the option to cancel Premium Services at any time. Cancellations become effective at the end of the current billing cycle, and access to Premium Services will continue until then.
7.3 Fee Changes
We reserve the right to change prices for Premium Services at any time, with reasonable notice provided to users. If you disagree with the new prices, you can cancel the applicable Premium Service before the changes take effect.
7.4 Discount, Coupon, or Gift Codes
If you have received a discount, coupon, or gift code for Premium Services, certain terms and conditions apply. These codes can only be applied when subscribing to Premium Services and may have additional restrictions on their use. It is your responsibility to use them before they expire, and we reserve the right to cancel promotions at any time.
7.5 Free Trials
We occasionally offer Free Trials for our Premium Services or other promotional offers. These trials provide access to Premium Services for a specified period, with details provided upon sign-up. If you do not wish to continue as a paying Premium Services user after the Free Trial, you must cancel your subscription before the trial period ends. We reserve the right to modify or terminate Free Trial offers at any time and limit your ability to take advantage of multiple Free Trials.
8. Fitness and Wellness Activities and Dietary Guidance
Our Services are provided for informational purposes only, and we cannot be held accountable for any injuries or health conditions that may arise. While much of the content shared by our community members is beneficial, it originates from individuals on the internet whom you may not know personally. Therefore, it should never supersede sound judgment or professional medical advice.
8.1 Safety First
At Fitness Pact, your safety is our priority. Before engaging in any fitness, wellness, or dietary Activitiesactivities in connection with our Services ("Activities"), it's essential to consult your healthcare provider(s) and assess associated risks. ActivitiesEach person's health status and capabilities vary, and participation in these Activities and activities is at your own risk. You acknowledge and accept all inherent risks associated with such endeavors.
By engaging in athletic activities that may generate User-Generated Content on our platform, you acknowledge the inherent risks of property damage, bodily injury, or even death. You voluntarily assume all known and unknown risks associated with these activities.
Except as outlined in these Terms and to the extent permitted by law, we are not liable for any injuries, illnesses, or damages resulting from your use of our Services, including any Content or activities accessed through them, regardless of whether such issues arise from our actions, inactions, or negligence.
8.2 Disclaimer Regarding Accuracy and Reliance on Content
We do not guarantee the accuracy, reliability, completeness, or timeliness of any Content available through our Services, nor do we commit to updating such Content. User-Generated Content, including advice or statements related to nutrition, exercise, or training, originates from users and should not be relied upon without independent verification.
Additionally, while some users may identify themselves as professional trainers,we do not verify their credentials. Relying on advice from other users is at your own risk, as we cannot be held responsible for any loss or damage resulting from such reliance.
8.3 Not Medical Advice
Our Services, including any Content, are for informational purposes only and do not constitute medical advice. We are not medical professionals, and nothing within our Services should be interpreted as medical advice or diagnosis. It's crucial to consult a physician or medical professional before starting any dietary or fitness Activities.
8.4 Success Stories Not Typical
User success stories shared on our platform may not reflect typical or accurate results from fitness activities or diets. We do not guarantee the accuracy, reliability, or effectiveness of any fitness activity or dietary recommendation shared in user success stories.
9. Modifications to the Terms
As our Services evolve and enhance, adjustments to these Terms may become necessary.
9.1 Updates to these Terms
We retain the right to amend these Terms by (i) posting updated Terms on or through the Services, and/or (ii) providing advance notice of significant changes to the Terms, typically via email when feasible, and otherwise within the Services (such as through a notification on the Fitness Pact website's homepage or within the app). Unless mandated by law, modifications will not have retroactive effect.
On occasion, we may request you to review and explicitly accept or decline a revised version of the Terms. In such instances, the modifications will take effect upon your agreement to the revised Terms. If you do not consent at that time, you are prohibited from using the Services. In cases where we do not seek your explicit agreement to the modified Terms, they will come into effect as of the specified date within the Terms. Your decision to maintain an account, access, or utilize the Services (regardless of whether you have an account with us) subsequent to that date signifies your acceptance of the modified terms and conditions. Failure to agree to the modifications necessitates discontinuation of your use of the Services.
10. No Warranties
UNLESS OTHERWISE PROHIBITED BY LAW, FITNESS PACT CLEARLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES, WHETHER VERBAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS.
In addition, you acknowledge that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any Services or Content. Furthermore, we do not guarantee that (i) the Services will meet your requirements or yield specific results, (ii) the operation of the Services will be uninterrupted, virus-free, error-free, or free from other harmful elements, or (iii) errors will be rectified. Any advice provided by our agents or us, whether oral or written, does not and will not establish any warranty. Moreover, to the maximum extent permitted by applicable law, we make no representations or warranties concerning any Content; specifically, User-Generated Content is provided by and remains solely the responsibility of the users contributing that Content. Any advice or information obtained from other users or through the Services, whether oral or written, does not establish any warranty not expressly stated herein. Therefore, you explicitly acknowledge and agree that using the Services is entirely at your own risk, and you bear the entire risk concerning satisfactory quality, performance, accuracy, and effort.
11. Limitation of Liability
While we strive to provide you with the best possible Services, we cannot guarantee perfection. Therefore, we are not liable for various issues that may arise from your use of the Services.
To the fullest extent permitted by applicable law, Fitness Pact, its subsidiaries, partners, or any wireless carriers shall not be liable to you or any third party for:
- Any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages;
- Loss of profits, revenue, data, use, goodwill, or other intangible losses;
- Damages related to your access to, use of, or inability to access or use the Services;
- Damages related to the conduct or Content of any third party or user of the Services, including defamatory, offensive, or illegal conduct or content; and/or
- Damages related to any Third-Party Content or Third-party Products accessed or used via the Services.
This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, regardless of whether Fitness Pact has been informed of the possibility of such damage. Furthermore, if a remedy set forth herein is found to have failed its essential purpose, this limitation still applies. To the maximum extent permitted by applicable law, the total liability of Fitness Pact for any claim under these Terms, including for any implied warranties, is limited to the lesser of five hundred dollars (US $500.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.
In particular, to the extent permitted by applicable law, we are not liable for claims arising out of:
- Your use of the Services;
- The use, disclosure, display, or maintenance of a user’s Personal Data;
- Any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages; or
- Other Content, information, services, or goods received through or advertised on the Services or received through any links provided with the Services.
You acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms. These provisions reflect a reasonable and fair allocation of risk between you and us and form an essential basis of the bargain between you and us. Without these provisions, we would not be able to provide the Services to you on an economically reasonable basis.
If you are a resident of California, you waive your rights with respect to California Civil Code Section 1542.
If you are a resident of New Jersey, nothing in these Terms limits or excludes our responsibility for losses or damages caused by Fitness Pact’s own fraud, recklessness, gross negligence, or willful misconduct.
12. Indemnification
For residents of the United States or any location other than France or Germany:
To the fullest extent permitted by applicable law, you agree to indemnify and hold Fitness Pact, its affiliates, and partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of:
- The User-Generated Content you access or share through the Services;
- Your use of the Services;
- Your activities in connection with the Services;
- Your connection to the Services;
- Your violation of these Terms;
- Your use or misuse of any user’s Personal Data;
- Any violation of the rights of any other person or entity by you; or
- Your employment of the Services to meet another user in person.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
For residents of France or Germany:
Notwithstanding the previous paragraph, you agree to indemnify and hold Fitness Pact, its affiliates, and partners harmless from any claim or demand as a result of your negligent or intentional behavior, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of:
- The Content (including User-Generated Content) you access through the Services;
- Your violation of these Terms;
- Your use or misuse of any user’s Personal Data;
- Any violation of the rights of any other person or entity by you; or
- Your employment of the Services to meet another user in person.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
For residents of New Jersey:
Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of Fitness Pact’s own fraud, recklessness, gross negligence, or willful misconduct.
13. Governing Law
For residents of the United States or any non-European Union location:
These Terms shall be governed by and interpreted in accordance with the laws of Texas and applicable U.S. federal law, without regard to its conflict of law principles.
For residents of the European Union:
These Terms shall be governed by and interpreted in accordance with the laws of the Netherlands, without regard to its conflict of law principles.
14. Disputes and Arbitration, Class Action Waiver, Jurisdiction, and Venue
For Residents of the United States:
Arbitration Agreement:
You and Fitness Pact agree to resolve any disputes arising from or related to your use of the Service through binding arbitration. Under this agreement, any disputes will be resolved by a neutral arbitrator rather than through litigation in court, pursuant to the Federal Arbitration Act. The arbitration process limits discovery compared to court proceedings, and the arbitrator's decision can include remedies like monetary damages, injunctive relief, and declaratory relief. This agreement also prevents disputes from being resolved through class or consolidated actions. Both parties agree to arbitration under the Consumer Arbitration Rules of the American Arbitration Association.
Arbitration Procedure:
Arbitration proceedings will be conducted remotely, primarily through telephone, online, or written submissions, without requiring personal appearances by the parties or witnesses unless mutually agreed upon. The arbitrator will issue a decision within a specified timeframe, and all proceedings will be confidential. The arbitration award may be entered in any court of competent jurisdiction.
Opt-Out Option:
You have the option to opt out of this arbitration agreement within 30 days of accepting these Terms. To opt out, you must email support@fitnesspact.com with your name, address, phone number, and email address, stating that you do not agree to the arbitration agreement. Failure to comply with this procedure will waive your right to opt out.
Jurisdiction and Venue:
If the arbitration provision is deemed invalid, disputes will be subject to the jurisdiction of state and federal courts in Houston, Texas. Disputes will proceed solely on an individual basis in court, and neither party may participate in class actions.
For Residents of the European Union:
If disputes cannot be resolved, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. You also retain the right to bring an action against Fitness Pact in your local courts. Disputes will be subject to the non-exclusive jurisdiction of courts in your place of domicile or the courts in the Netherlands.
Additional Rights for Residents of Specific Countries:
- Finland: You have the right to submit a complaint to the local Consumer Disputes Board.
- Denmark: You have the right to submit a complaint to the Danish Competition and Consumer Authority.
- South Korea: You retain the right to bring an action against Fitness Pact in the local courts of your place of domicile.
15. International Terms
If you are accessing our Services from outside the United States and you are not a United States resident, you agree to transfer certain information outside your location to us and to abide by all applicable laws.
Our Services cater to a global user base, but our operations primarily reside in the United States, and our policies are predominantly based on United States law. For users outside the United States, the following provisions are pertinent:
1. You consent to the transfer, storage, and processing of your information, including User-Generated Content and Personal Data, to the United States and/or other countries.
2. If you access the Services from a location embargoed by the United States or are listed on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not permitted to use the Services.
3. You agree to adhere to all local laws, rules, and regulations applicable in your residing location and the location from which you access the Services. The Services are not intended for distribution or use in any jurisdiction or location where such actions would violate the law or subject Fitness Pact or its affiliates to registration requirements.
The country names used in these Terms, the Privacy Policy, and associated features are based on the United Nations Terminology Database.
For residents of the European Union, Hong Kong (SAR of China), Russia, New Zealand, or South Korea: Some jurisdictions may not permit the waiver or limitation of certain warranties, liabilities, or damages under mandatory law. Therefore, some exclusions and limitations in these Terms may not apply to you. Our responsibility is not limited or excluded for fraudulent representations, death or personal injury caused by negligence or willful misconduct, or failure to fulfill any material contractual obligation.
For residents of New Zealand: Our liability is not limited or excluded under these Terms if you are a consumer as defined by the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
For residents of Germany, France, Austria, or Finland: The qualifier “to the maximum extent permitted by law” and similar qualifiers shall be disregarded in these Terms and have no legal effect.
For residents of Japan: Our liability is not limited or excluded under these Terms if you are a consumer as defined by the Consumer Contract Act.
For residents of South Korea: Any modifications to these Terms will be announced on the website before their effective date. If you do not express refusal within a reasonable period following the announcement, it is considered that you have consented to the modification.
16. Survival
If our relationship or these Terms come to an end, it will not affect any of our other rights or remedies. Certain provisions of these Terms must continue to be effective to fulfill the intent and purpose of these Terms even after termination. These include, but are not limited to, Sections 2 (Ownership and Use of Content), 8 (Fitness and Wellness Activities and Dietary Guidance), 10 (No Warranties), 11 (Limitations of Liability), 12 (Indemnification), 14 (Disputes and Arbitration, Jurisdiction and Venue), and 16 (Survival).
17. Miscellaneous
You acknowledge that the Terms do not create a joint venture, partnership, employment, or agency relationship between you and us due to your use of the Services. The Terms constitute the entire agreement between you and us regarding your use of the Services.
Failure to enforce any right or provision of the Terms does not waive such right or provision unless expressly stated. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the court will strive to enforce the parties’ intentions reflected in the provision, and the remaining provisions of the Terms will remain in effect.
You cannot assign, delegate, or transfer your account or obligations under these Terms without our prior written consent. We reserve the right, at our discretion, to transfer or assign all or part of our rights under these Terms and to delegate or employ third-party contractors to fulfill our duties and obligations under these Terms and related to the Services.
We will provide notice to you via email, regular mail, or notices displayed in connection with the Services, which constitutes valid notice under the Terms. We are not liable if you fail to receive notice due to email filtering or failure to update your email address. Notice is deemed received 48 hours after it is sent via email or regular mail. If notice is provided through links displayed in connection with the Services, it is deemed received 24 hours after first display.
18. Contact Us
If you have any feedback, questions, or comments about the Services, please contact our Support Team via email at support@fitnesspact.com with the subject line “Attn: – Fitness Pact Terms and Conditions of Use”. Include your full name, email address, postal address, and message in any email or postal mail.
