We reserve the right to refuse any order placed
through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or under the same customer
account,
the same payment method, and/or orders that use the same billing or shipping address. We reserve the
right
to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to
our
charging your payment method on a recurring basis without requiring your prior approval for each
recurring
charge, until such time as you cancel the applicable order. The
length of
your billing cycle will depend on the type of subscription plan you
choose when you subscribed to the Services.
Free Trial
We
offer a 30-day free trial to new users who register with the Services.
The account will be charged according to the user's chosen subscription at
the
end of the free trial.
Cancellation
You can cancel your subscription at any time by logging into your
account.
Your cancellation will take effect at the end of the current paid
term. If
you have any questions or are unsatisfied with our Services, please email us at
leupoldmarkdaniel71@gmail.com.
Fee Changes
We may, from
time
to time, make changes to the subscription fee and will communicate any price changes to you in
accordance
with applicable law.
7. SOFTWARE
We
may include software for use in connection with our Services. If such software is accompanied by an end
user
license agreement ("EULA"), the terms of the
EULA
will govern your use of the software. If such software is not accompanied by a EULA, then we grant to
you a
non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services
and
in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty
of
any kind, either express or implied, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk
arising
out of use or performance of any software. You may not reproduce or redistribute any software except in
accordance with the EULA or these Legal Terms.
You may not access or use the
Services for any purpose other than that for which we make the Services available. The Services may
not be
used in connection with any commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the
Services,
you agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile, directly or indirectly,
a
collection, compilation, database, or directory without written permission from
us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive
account
information such as user passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of the Services,
including
features that prevent or restrict the use or copying of any Content or enforce
limitations
on the use of the Services and/or the Content contained
therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass, abuse, or harm another
person.
-
Make
improper use of our support services or submit false reports of abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorized
framing of or linking to the Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material,
including excessive use of capital letters and spamming (continuous posting of
repetitive
text), that interferes with any party’s uninterrupted use and enjoyment of the Services
or
modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
-
Engage
in any automated use of the system, such as using scripts to send comments or messages,
or
using any data mining, robots, or similar data gathering and extraction
tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation,
clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as "spyware"
or
"passive collection mechanisms" or "pcms"
).
-
Interfere
with, disrupt, or create an undue burden on the Services or the networks or services
connected to the Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
-
Attempt
to bypass any measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
-
Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML,
JavaScript,
or other code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
any of
the software comprising or in any way making up a part of the
Services.
-
Except
as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorized
use of the Services, including collecting usernames and/or email addresses of
users
by electronic or other means for the purpose of sending unsolicited email, or creating
user
accounts by automated means or under false pretenses
.
-
Use
the Services as part of any effort to compete with us or otherwise use the Services
and/or
the Content for any revenue-generating endeavor or commercial enterprise.
-
Use the Services to advertise or offer to sell goods and services.
9. USER GENERATED CONTRIBUTIONS
The Services
does
not offer users to submit or post content.
You and Services agree that
we
may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or
other feedback regarding the Services, you agree that we can use and share such feedback for any
purpose
without compensation to you.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services
via
the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and
use
the App on wireless electronic devices owned or controlled by you, and to access and use the App on
such
devices strictly in accordance with the terms and conditions of this mobile application license contained in
these
Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any
applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove,
alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us
or
the licensors of the App; (5) use the App for any revenue-generating
endeavor, commercial enterprise, or other purpose for
which
it is not designed or intended; (6) make the App available over a network or other environment
permitting
access or use by multiple devices or users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive with or in any way a substitute for
the
App; (8) use the App to send automated queries to any website or to send any unsolicited commercial
email;
or (9) use any proprietary information or any of our interfaces or our other intellectual property in
the
design, development, manufacture, licensing, or distribution of any applications, accessories, or
devices
for use with the App.
Apple and Android Devices
The following terms apply
when
you use the App obtained from either the Apple Store or Google Play (each an
"App Distributor") to access the Services: (1) the
license granted to
you
for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS
or
Android operating systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance
and
support services with respect to the App as specified in the terms and conditions of this mobile
application license
contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that
each App Distributor has no obligation whatsoever to furnish any maintenance and support services with
respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty,
you
may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted
by
applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to
the
App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US
government embargo, or that has been designated by the US government as a
"terrorist supporting" country and (ii) you are
not
listed on any US government list of prohibited or restricted parties; (5) you must comply with
applicable
third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the App; and (6) you acknowledge and
agree
that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license
contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed
to
have accepted the right) to enforce the terms and conditions in this mobile application license contained in
these
Legal Terms against you as a third-party beneficiary thereof.
12. SERVICES MANAGEMENT
We reserve
the
right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal
Terms,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion
and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage
the
Services in a manner designed to protect our rights and property and to facilitate the proper functioning
of
the Services.
13. PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy:
https://tryfitai.app/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in
Switzerland
. If you access the Services from any other region of the world with
laws
or other requirements governing personal data collection, use, or disclosure that differ from applicable
laws in
Switzerland
, then through your continued use of the Services, you are
transferring
your data to
Switzerland
, and you expressly consent to have your data transferred to and
processed in
Switzerland
.
14. TERM AND TERMINATION
These Legal Terms shall remain
in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE
OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name,
a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the right to take appropriate
legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without
notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,
price
change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services
will be available at all times. We may experience hardware, software, or other problems or need to
perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right
to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any
reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the
Services
or to supply any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These Legal Terms are governed
by
and interpreted following the laws of
Germany
, and the use of the United Nations Convention of Contracts for the International Sales of Goods
is
expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally
possess the protection provided to you by obligatory provisions of the law in your country to residence.
Fit AI and yourself both agree to submit to the non-exclusive
jurisdiction of the courts of Lower Saxony, which means that you
may
make a claim to defend your consumer protection rights in regards to these Legal Terms in
Germany
, or in the EU country in which you reside.
17. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim
related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute
(except those Disputes expressly provided below) informally for at least thirty
(30)
days before initiating arbitration. Such informal negotiations commence upon written notice from
one
Party to the other Party.
Binding Arbitration
Any dispute
arising from the relationships between the Parties to these Legal Terms shall be determined by one
arbitrator
who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of
Arbitration
being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at
the
time the application for arbitration is filed, and of which adoption of this clause constitutes
acceptance.
The seat of arbitration shall be
Wolfsburg,
Germany
. The language of the proceedings shall be
German. Applicable rules of substantive law shall be the law of
Germany
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no
right
or authority for any Dispute to be brought in a purported representative capacity on behalf of the general
public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any
claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed
for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There may
be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO
AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL
WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF
THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE
six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL
RIGHTS.
21. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth
in
these Legal Terms; (4) your violation of the rights of a
third
party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services
with
whom you connected via the Services. Notwithstanding the foregoing, 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, and you agree to
cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts to notify
you
of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware
of
it.
22. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing
online forms constitute electronic communications. You consent to receive electronic communications, and
you
agree that all agreements, notices, disclosures, and other communications we provide to you
electronically,
via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating
rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall
not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible
by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against
us
by virtue of having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26. CONTACT US
In order to resolve a complaint regarding the
Services
or to receive further information regarding use of the Services, please contact us at:
Fit AI
Am Schwefelbad 9a
Wolfsburg
, Lower Saxony
38442
Germany
Phone: +49 1573 4742893