Welcome to Fitster Health! Please read these Terms and Conditions ("Terms") carefully as they constitute a legally binding agreement between you and Fitster Health ("Fitster," "we," "us," or "our").
By accessing or using our mobile application, website, or services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree with these Terms, you must discontinue using our Services immediately.
1. Introduction
Fitster Health is a wellness platform that offers exercise recommendations and wellness tips tailored to your available time, with a strong focus on both mental and physical health.
These Terms govern your use of the Services and constitute a legal agreement between you and Fitster Health.
By creating an account, downloading our app, or using the Services, you accept these Terms in full.
Fitster Health reserves the right to modify or update these Terms at any time. Notification of changes will be provided by posting the updated Terms on the app or website. Continued use of the Services after changes constitutes your acceptance of the updated Terms.
2. Definitions
For clarity and ease of interpretation, the following definitions apply:
“Services”: All features, tools, content, applications, and resources provided by Fitster Health, including exercise recommendations and wellness guidance.
“User”: Any individual who accesses or uses the Services.
“Content”: Any text, images, videos, audio, or other material made available through the Services.
“User-Generated Content”: Any content submitted, uploaded, or shared by Users through the Services, including reviews, comments, or personal progress.
“Personal Data”: Any information relating to an identified or identifiable individual, as defined under applicable data protection laws.
“Third-Party Content”: Content, tools, or services provided by third parties and accessible through the Services.
3. Eligibility
To use our Services, you must meet the following eligibility criteria:
Minimum Age: You must be at least 18 years old to create an account and use the Services. If you are under 18, you may only use the Services with the consent of a parent or legal guardian.
Legal Compliance: By using the Services, you represent and warrant that your use complies with all applicable laws, rules, and regulations in your jurisdiction.
Prohibited Use: Individuals barred by law or Fitster Health’s policies from accessing our Services are not permitted to use them.
4. Account Registration and Responsibilities
To access certain features of our Services, you may need to create an account. By registering, you agree to the following:
Accurate Information: You must provide accurate, complete, and current information when creating your account.
Account Security: You are responsible for maintaining the confidentiality of your account login credentials. You agree not to share your password with others or allow unauthorized access to your account.
Notification of Unauthorized Use: If you suspect any unauthorized use of your account or a breach of security, you must notify us immediately at [Insert Contact Information].
Account Termination: Fitster Health reserves the right to suspend or terminate your account if you violate these Terms or engage in prohibited activities.
5. Services Provided
Fitster Health provides a platform for wellness, offering tools and resources designed to improve your physical and mental well-being.
Exercise Recommendations: Our Services suggest exercises tailored to your available time and wellness goals.
Wellness Content: We provide general advice, tips, and resources for mental and physical health improvement.
Non-Medical Services: Fitster Health does not provide medical advice, diagnoses, or treatment. The Services are designed for informational and educational purposes only.
Important: The effectiveness of our Services may vary based on individual circumstances. Fitster Health makes no guarantees regarding specific health or fitness outcomes.
6. Health and Safety Disclaimer
Your safety is important to us, and we strongly advise you to consider the following before using the Services:
Consult a Professional: Always consult with a licensed medical professional or your primary healthcare provider before beginning any fitness or wellness program, especially if you:
Have a medical condition, illness, or injury.
Are pregnant or nursing.
Have recently undergone surgery.
Assume Responsibility: You are solely responsible for your health and safety when using our Services. Fitster Health is not liable for injuries, adverse health effects, or other issues that may arise from your use of the app.
Emergency Situations: In the event of a medical emergency, call 911 or your local emergency number immediately. Fitster Health is not equipped to handle medical emergencies.
7. Not Medical Advice
Fitster Health is not a medical or healthcare provider. The Services are not intended to diagnose, treat, cure, or prevent any disease or condition.
The information provided through the app is general in nature and should not be relied upon as a substitute for professional medical advice or treatment.
No Doctor-Patient Relationship: Your use of the Services does not create a doctor-patient or therapist-client relationship with Fitster Health.
Use at Your Own Risk: You agree to use the Services at your own risk and understand that any actions you take based on information from the Services are your sole responsibility.
8. User Responsibilities
By using the Services, you agree to the following responsibilities:
Compliance with Laws: You must use the Services in accordance with all applicable local, state, national, and international laws and regulations.
Truthful Usage: You will not provide false or misleading information when creating an account, using the Services, or interacting with other users.
Respectful Conduct: You agree not to engage in abusive, harassing, discriminatory, or inappropriate behavior while using the Services.
Device Compatibility: You are responsible for ensuring that the device you use to access the Services meets the technical requirements and is free of harmful software or malware.
9. Prohibited Activities
To maintain the integrity and safety of the platform, the following activities are strictly prohibited:
Illegal Activities: Using the Services for any unlawful purpose, including but not limited to fraud, money laundering, or hacking.
Harmful Conduct: Uploading or distributing harmful, obscene, defamatory, or otherwise objectionable content.
Misrepresentation: Impersonating any person, organization, or entity.
Unauthorized Access: Attempting to hack, disrupt, or reverse engineer any part of the app or its systems.
Data Mining: Using automated tools (e.g., bots, scrapers) to extract data from the app without Fitster Health’s permission.
Infringement: Uploading or sharing content that violates the intellectual property rights of others.
Spam: Engaging in unsolicited advertising, promotional materials, or similar communications through the Services.
Fitster Health reserves the right to investigate and take legal action against users who violate these prohibitions, including terminating accounts and reporting violations to law enforcement.
10. Subscription and Payment Terms
If Fitster Health offers paid subscriptions or premium services, the following terms apply:
Billing and Payment: Users agree to provide accurate payment information and authorize Fitster Health to charge applicable fees to their payment method.
Recurring Payments: Subscriptions may automatically renew unless canceled. Users will be billed at the beginning of each billing cycle (e.g., monthly or annually).
Refund Policy: Fees paid are non-refundable unless explicitly stated otherwise. Exceptions, if any, are at Fitster Health’s sole discretion.
Cancellation: Users may cancel their subscription through their account settings. Cancelations will take effect at the end of the current billing cycle.
Fitster Health may update subscription pricing or payment terms with notice to users, allowing them to cancel before changes take effect.
11. Free Trial
If Fitster Health provides a free trial period for its premium services, the following terms apply:
Trial Period Duration: Free trials are valid for the specified period.
Transition to Paid Service: If the trial is not canceled before its expiration, users will be automatically enrolled in the paid subscription plan and billed accordingly.
Eligibility: Free trials are available to new users only and cannot be combined with other promotions.
Users must cancel before the trial period ends to avoid charges. Once billed, Fitster Health is not obligated to issue refunds for trial-to-subscription transitions.
12. Intellectual Property Rights
Fitster Health retains all rights, title, and interest in and to the Services, including but not limited to the following intellectual property rights:
Ownership: All content, features, and technology within the app or website are the property of Fitster Health and protected under copyright, trademark, and intellectual property laws.
License to Use: Users are granted a limited, non-exclusive, non-transferable license to access the Services for personal, non-commercial use only.
Prohibited Uses: Users may not copy, modify, distribute, or create derivative works of any content provided by Fitster Health without prior written consent.
Trademarks: All logos, slogans, and trademarks associated with Fitster Health are owned by the company. Unauthorized use is prohibited.
Fitster Health aggressively enforces its intellectual property rights to the fullest extent of the law.
13. User-Generated Content
Fitster Health may allow users to submit, upload, or share content through the Services. By submitting content, you agree to the following:
License to Fitster Health: You grant Fitster Health a worldwide, royalty-free, irrevocable, and sublicensable license to use, reproduce, modify, and distribute your content for operational and promotional purposes.
Content Ownership: You retain ownership of your content but warrant that it does not infringe on the rights of third parties or violate any applicable laws.
Content Restrictions: You may not upload content that is unlawful, harmful, offensive, defamatory, or otherwise inappropriate. Fitster Health reserves the right to remove such content at its discretion.
No Endorsement: User-generated content does not reflect the views or opinions of Fitster Health. The company is not responsible for any content posted by users.
If you believe that your intellectual property rights have been infringed by another user, you may submit a notice to us.
14. Privacy Policy Integration
Your privacy is important to us. Fitster Health collects and processes personal data in accordance with its Privacy Policy. By using the Services, you agree to the following:
Data Collection: Fitster Health collects certain information, including registration details, usage data, and other information as described in the Privacy Policy.
Use of Data: Your data may be used to improve Services, personalize your experience, and provide tailored recommendations.
Third-Party Sharing: Fitster Health may share data with trusted third parties as necessary for operations, subject to safeguards described in the Privacy Policy.
Compliance: Fitster Health complies with applicable privacy laws, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR), as applicable.
To learn more about how your data is handled, please review the full Privacy Policy.
15. Third-Party Services
The Services may include links to third-party websites, applications, tools, or services ("Third-Party Services"). By using our Services, you agree to the following terms regarding Third-Party Services:
No Endorsement: Fitster Health does not endorse, control, or assume responsibility for any Third-Party Services.
Third-Party Terms: Your use of Third-Party Services is governed by the terms and conditions of the respective third parties. It is your responsibility to review their terms and privacy policies before using their services.
Liability Disclaimer: Fitster Health is not responsible for any issues arising from your interaction with Third-Party Services, including but not limited to inaccuracies, delays, viruses, or damages.
Integrations: If the Services integrate with third-party platforms (e.g., wearables or fitness trackers), Fitster Health is not responsible for the accuracy of data collected from or shared with these platforms.
Any reliance on Third-Party Services is at your own risk.
16. Service Availability and Updates
Fitster Health strives to provide reliable and uninterrupted Services, but certain limitations apply:
No Guarantee of Availability: The Services are provided on an "as-is" and "as-available" basis. We do not guarantee uninterrupted or error-free access to the Services.
Maintenance and Downtime: Fitster Health reserves the right to perform maintenance, updates, or modifications that may temporarily disrupt access to the Services.
Feature Changes: Fitster Health may add, modify, or remove features at its sole discretion and without notice. This includes the discontinuation of certain tools or services.
User Data Retention: In the event of service disruptions or terminations, Fitster Health does not guarantee the retention of user data or progress records. Users are encouraged to back up important information.
Fitster Health is not liable for any losses, damages, or inconvenience caused by service interruptions, updates, or feature changes.
17. Limitation of Liability
To the fullest extent permitted by law, Fitster Health disclaims liability for damages arising out of your use of the Services:
No Indirect Damages: Fitster Health is not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill.
Maximum Liability: Fitster Health's total liability under these Terms will not exceed the amount you paid (if any) for accessing the Services in the 12 months preceding the claim.
User Responsibility: You assume full responsibility for any risks associated with using the Services, including injuries, adverse health effects, or loss of data.
Some jurisdictions may not allow certain liability exclusions or limitations. In such cases, Fitster Health’s liability will be limited to the fullest extent permitted by law.
18. Indemnification
You agree to indemnify, defend, and hold harmless Fitster Health and its affiliates, employees, contractors, licensors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including attorney's fees) arising out of or related to:
Your Use of the Services: Any misuse or unlawful use of the Services by you or anyone using your account.
Breach of Terms: Your violation of these Terms or any applicable laws.
User-Generated Content: Content you submit, post, or upload to the Services that violates third-party rights or causes harm.
Third-Party Claims: Any claim from third parties arising from your use of the Services, including interactions with Third-Party Services.
Fitster Health reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense.
19. Termination of Use
Fitster Health reserves the right to suspend or terminate your account and access to the Services at its discretion, including but not limited to the following circumstances:
Violation of Terms: If you breach any provision of these Terms or engage in prohibited activities.
Legal Compliance: If required by law enforcement, regulatory authorities, or court orders.
Service Discontinuation: If Fitster Health decides to discontinue the Services entirely.
User Termination
You may terminate your account at any time by following the account deletion process in your app settings.
Upon termination, you will no longer have access to the Services, and Fitster Health may delete or deactivate your account data.
Fitster Health is not liable for any consequences resulting from the termination of your account or access to the Services.
20. Governing Law and Dispute Resolution
These Terms are governed by the laws of the United States, in the state where Fitster Health is registered in, without regard to its conflict of laws principles.
Arbitration Agreement
Mandatory Arbitration: Any disputes or claims arising out of or related to these Terms or your use of the Services will be resolved exclusively through binding arbitration, rather than in court, except for small claims disputes that may be resolved in small claims court.
Arbitration Rules: Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator's decision will be final and binding.
No Class Actions: You agree to resolve disputes with Fitster Health individually and waive your right to participate in any class, collective, or representative action.
Exception – Injunctive Relief
Fitster Health reserves the right to seek injunctive or equitable relief in court to protect its intellectual property or enforce other rights.
21. Disclaimer of Warranties
Fitster Health provides the Services "as-is" and "as-available" without any warranties of any kind, either express or implied, including but not limited to:
Fitness for a Particular Purpose: No warranty that the Services will meet your specific needs or expectations.
Accuracy: No guarantee that the exercise recommendations, wellness tips, or other content provided will be accurate, reliable, or error-free.
Non-Infringement: No warranty that the Services or content do not infringe the rights of third parties.
Risk of Use: Your use of the Services is at your sole risk.
To the fullest extent allowed by law, Fitster Health disclaims all warranties, whether express, implied, or statutory.
22. Fitness and Wellness Results Disclaimer
Fitster Health provides tools and recommendations to support your wellness journey, but individual results may vary.
No Guarantees: Fitster Health makes no guarantees regarding specific health, fitness, or wellness outcomes from using the Services.
Personal Factors: Success may depend on various factors, including but not limited to your physical condition, adherence to recommendations, and lifestyle choices.
Use at Your Own Risk: You acknowledge and agree that any actions you take based on the content or recommendations provided by the Services are undertaken at your own risk.
Consult Professionals: For personalized guidance or specific health concerns, you should consult a licensed medical or fitness professional.
23. Changes to Terms
Fitster Health reserves the right to modify or update these Terms at any time at its sole discretion.
Notification of Changes: Material changes will be communicated to users through the app, website, or email notifications.
Effective Date: The updated Terms will become effective immediately upon posting unless otherwise specified.
User Responsibility: It is your responsibility to review the Terms periodically. Your continued use of the Services after changes are made constitutes your acceptance of the updated Terms.
Right to Opt Out: If you do not agree with the updated Terms, you must stop using the Services and, if applicable, cancel your subscription.
24. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain valid and enforceable.
Revised Interpretation: The invalid provision will be deemed modified to the extent necessary to make it enforceable, or if modification is not possible, it will be severed from these Terms.
No Impact on Remainder: The unenforceability of one provision does not affect the validity of the remaining provisions.
25. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Services, you can contact Fitster Health at:
Email: contact@fitsterhealth.com
Fitster Health will make reasonable efforts to respond to inquiries in a timely manner.
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