Terms of Service

These Terms of Service were last updated on April 2, 2020

By downloading and using the Fit Society application or using the Fitsociety.app website, owned and operated by Fit Society LLC, you are subject to the terms and conditions as set forth in this Terms of Service agreement.

By using the Fit Society application or Fitsociety.app website for the service (“Service”), you are agreeing to be bound by the following terms and conditions. Any new features or tools which are added to the current service shall be also subject to the Terms of Service. Fit Society LLC reserves the right to update or change the Terms of Service at any time. When updates or changes are made to the Terms of Service, Fit Society LLC will post updates and changes to the Fit Society application and the Fitsociety.app website. It is recommended that you check the Terms of Service from time to time for any updates or changes that may impact you. You can review the most up to date version of the Terms of Service at any time by visiting the Terms of Service within the app.

Waiver and Release of Liability

By using the Fit Society application or the Fitsociety.app website, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless Fit Society LLC, its officers, directors, shareholders and employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the Fit Society application or the Fitsociety.app website and any other Fit Society LLC service. You agree that neither Fit Society LLC, or its officers, directors, shareholders and employees, shall have any liability to you under any theory of liability or indemnity in connection with your use of Fitsociety.app website or the Fit Society Application and any other Fit Society LLC service.

You acknowledge and hereby release and forever waive any and all claims you may have against Fit Society LLC, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of Fitsociety.app website, the Fit Society application and any other Fit Society LLC service. The total liability of Fit Society LLC, and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information, content, recommendations or other parts of the Fit Society application or Fitsociety.app website and any other Fit Society LLC service, are hereby excluded even if Fit Society LLC or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law.

Health and Medical Agreement

If you engage in any exercise program you in The Fit Society application and Fitsociety.app website, you agree that you do so at your own risk and are voluntarily participating in these activities.

Fit Society LLC is not responsible for any health problems that may result from training programs, products, or events you engage in or learn about through The Fit Society application or Fitsociety.app website. The Fit Society application and Fitsociety.app website, and material provided by the Fit Society application and Fitsociety.app website is for informational purposes only. Fit Society LLC is not a health care practitioner or provider and has no expertise in examining, diagnosing, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The Fit Society application and Fitsociety.app website should not be used a prescription system or medical treatment and is not intended as a substitute for professional medical advice, diagnosis, or treatment.

Fit Society application and Fitsociety.app website users, members and customers are responsible for their own health decisions. Fit Society LLC requires that you consult with your physician or health care practitioner before making any personal health decisions, or following any workouts, regiments, advice, routines or training instructions you receive through the Fit Society application and Fitsociety.app. By registering for the Fit Society application and Fitsociety.app, you certify that you have received consent from your physician to participate in the programs, routines, workouts, regiments and exercises provided by the Fit Society application and Fitsociety.app website. You should understand that when participating in any exercise or physical activity, there is the possibility of physical injury and or death.

Fit Society LLC tries to deliver the most helpful, accurate and up to date information, but Fit Society LLC cannot endorse, verify or vouch for the information, recommendations or services that are available through the Fit Society application and Fitsociety.app website. Fit Society LLC is not responsible for the effectiveness, accuracy or correct use of information you receive through the Fit Society application and Fitsociety.app website, or for any health problems or injuries that may result from training programs, routines, exercises products, or events you receive about through the site.

Fit Society LLC is not a medical organization. The fitness, recommendations and related content provided by the Fit Society application and Fitsociety.app are for educational purposes only and should not be used as a replacement or substitute for medical advice from your primary care physician or healthcare professional. We recommend that you speak to a healthcare professional before beginning any fitness regiment, program, routine or exercise. The Fit Society application and Fitsociety.app website is intended to only be used by healthy adults. Do not attempt to start a fitness routine if a healthcare professional has advised against it.

In becoming a member with the intent of using this Service, you affirm that

(A) all of the following statements are true:

– you do not have cardiovascular disease, or no physician has ever informed you that you have a heart condition

– you have never felt chest pain when engaging in physical activity

– you have not experienced chest pain when not engaged in physical activity

– you do not have a history of high blood pressure

– you do not have lung or any type of respiratory disease

– you do not have spinal and/or joint problems

– you do not have neuromuscular disease

– you have not lost your balance because of dizziness or have lost consciousness

– you do not have any other health issues that would prevent you from performing physical exertion

– you are not pregnant, breastfeeding or lactating

(B) your physician has recommended or approved you to use the Fit Society application and/or Fitsociety.app website.

Fit Society LLC reserves the right to cancel or refuse your membership if it is determined that you have certain medical conditions.

Account Terms

You must be 18 years or older to use the Fit Society Application or Fitsociety.app website or Services.

In order to access certain Services, you may be required to provide personal information about yourself to register for the Service, or as part of your continued use of the Services you have selected or are subscribed to. You agree that any registration information you provide to the Fitsociety.app website or Fit Society application will always be truthful, accurate and up to date.

Fit Society LLC cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You are responsible for keeping your password secure. You agree, acknowledge and understand that you are solely responsible for maintaining the confidentiality and integrity of all of the passwords associated with any account you use to access the Fit Society application or the Fitsociety.app website and Services. In addition, you agree that you will be solely responsible to Fit Society LLC for all activities that occur on any of your accounts. If an unauthorized use of your password or of your account occurs, you agree to notify Fit Society LLC immediately at contact@fitsociety.app.

By making your account information public, you agree to allow other users, customers or the general public to view your content. You are responsible for all content, imagery, videos, activity or materials that you upload or create under your account. A violation or breach of any of the Account Terms as determined by the sole discretion of Fit Society LLC will result in an immediate termination of your services.

You agree to use the Fit Society application or the Fitsociety.app website and Services, only for the purposes that are permitted by the terms of service. You acknowledge and agree to not access any of the Services provided by Fit Society LLC by any means other than through the interface provided by the Fit Society application or the Fitsociety.app website unless Fit Society LLC has authorized this use in a written agreement.

Fit Society LLC does not pre-screen content and has sole discretion to refuse or remove any content that is available via the Fit Society application or the Fitsociety.app website and Services. You acknowledge and agree that if Fit Society LLC disables access to your account, you may be prevented from accessing the Services, your account details or any content, imagery, videos or materials which are contained in your account.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without written permission by Fit Society LLC.

Verbal or written abuse of any kind to any Fit Society LLC customer, employee, member, or officer can result in immediate account termination.

Fit Society LLC retains the right and has sole discretion to remove any accounts containing content that is unlawful, libelous, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, copyright, patent or these Terms of Service.

General Use of Service

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Fit Society LLC does not guarantee that the results that may be obtained from the use of the service will be reliable or accurate. You herby agree that you are solely responsible for any imagery or content that you create, share, transmit, send to other users or display while using the Services and for the consequences of your actions (including any loss or damage which Fit Society LLC may suffer) by doing so. You herby agree that Fit Society LLC has no responsibility to you or to any third party for your actions.

The following Rules apply to Fitsociety.app website as well as the Fit Society application. By using the Fitsociety.app website or Fit Society application, you agree that you will not transmit, post, upload or distribute any content, text, imagery, videos, information or post that:

• is harassing, abusive, defamatory or an invasion of another person’s right of privacy;
• is hateful, bigoted, racial, offensive, antisocial or promotes hate speech;
• is sexually explicit, pornographic, violent, or vulgar; or
• violates any applicable laws or regulations;
• share, post or sell any content that you do not have the right to use or that infringes on any patent, trademark, copyright or other proprietary rights of any person or entity;
• advertise products or other commercial solicitations without our prior written permission by Fit Society LLC;
• contains viruses or any other computer code, programs or content designed to interrupt, destroy or limit the functionality of the Services or affect other users

Fit Society LLC, reserves the right, but do not have any obligation or responsibility, to

• refuse to post any imagery or content that violates the Terms of Service and
• identify any user to third parties, and/or disclose to third parties any personally identifiable information, that such identification or disclosure may
  1. comply with laws, including, compliance with a court order or subpoena, or
  2. help enforce these terms of service and/or protect the safety or security of any person or property, including any site. We retain all rights to remove any content or imagery at any time for any reason or no reason whatsoever.

Data Privacy

By using the Fit Society Application or Fitsociety.app website or Services, you agree to allow Fit Society LLC to access, use, collect, store and disclose of your personal information for the purposes authorized under this Agreement. You herby acknowledge that personal information will be treated in accordance with Fit Society LLC’s privacy policy. For more detailed information about the Fit Society application’s data protection practices, please read Fit Society application’s privacy policy in the Privacy Policy section of the Fit Society Application.

Any material downloaded or obtained through the use of the Fit Society Application or Fitsociety.app website or Services is done at your own risk and that you are solely responsible for any damage that may occur to your computer system, mobile device or any other device in use. You are solely responsible for any data Loss that results from the downloading or accessing of such material.

By using the Fit Society Application or Fitsociety.app website or Services, you understand that they are provided “as is” and the use of them to not represent or guarantee that the Fit Society Application or Fitsociety.app website or Services will meet your requirements or expectations, the content, imagery, videos or materials used by you will be accurate or reliable.

Fit Society LLC does not guarantee that any defects, bugs or the functionality of the software and service provided will be fixed or corrected or that your use of the Services will be free from error, be un-interrupted or maintained by Fit Society LLC.

Advertising and Third-party Information

The Fit Society Application, Fitsociety.app website or Services, may display advertisements, prizes and promotions. The advertisements and promotions may be targeted by the content and information stored on the Services, queries made through the Services or other personal information stored within the Fit Society LLC database. Fit Society LLC retains the right to change the location, type, manner, mode and extent of advertising on the Services without providing a notice to you. By using the Fit Society Application or Fitsociety.app website or Services, Fit Society LLC is granting you access to and use of the Services and you agree that Fit Society LLC may place such advertising on the Services provided to you.

Content, imagery, videos and Services may include hyperlinks to third party content or resources not controlled by Fit Society LLC. You acknowledge and agree that Fit Society LLC will not be held responsible for the content, imagery, and availability of any such external sites or resources. You also acknowledge and agree that Fit Society LLC does not endorse any advertising, products or any other materials that may be available to you on such Third-party content, websites or resources. You acknowledge and agree that Fit Society LLC is not liable for any loss, damage or injury which may be incurred by you as a result of the use and availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such Third party content, websites and resources.

These Terms of Service, and your relationship with Fit Society LLC under these Terms of Service, shall be governed by the laws of the State of South Carolina without regard to its conflict of law’s provisions.

Payments, Fees and Cancellation Terms

You agree to pay any fees due for and incurred by your use of any Services that require payment. The Fit Society application, Fitsociety.app website may offer products, subscriptions and services for purchase (“Paid Services”) through iTunes, Google Play, carrier billing, direct billing or other payment platforms authorized by Fit Society LLC. If you choose to purchase a Paid Service, you will be prompted to confirm your purchase with the appropriate payment provider, and your method of payment (“Payment Method”) will be charged at the prices displayed to you for the Products, Subscription or Services you have selected as well as any taxes that may be enforced on your payments, and you authorize Fit Society LLC or a third party account, as applicable, to charge you for that payment. Fit Society LLC reserves the right to terminate your access to a Paid Service on account of your nonpayment of associated charges.

You may elect to pay Subscription fees on a monthly or annual basis. All such Subscription fees are payable in advance and do not incur any penalty for early payment. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel.

Subscriptions fees and other auto renewing Paid Services, will be billed automatically to the Payment Method at the start of the monthly or annual period, as applicable, and will auto-renew until you change or terminate the subscription. You authorize Fit Society LLC to charge your Payment Method for the appropriate Subscription charges and fees and for any other purchases you elect to make via the Store, Products or Services. Fit Society LLC reserves the right to increase Pro Subscription fees or to institute new fees at any time upon reasonable notice posted in advance on Websites.

If you wish to cancel a Paid Service, then you must cancel that Paid Service per applicable cancellation procedures. The cancellation of a Paid Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided by Fit Society LLC upon termination or cancellation of the subscription or service. Deleting your account on the Fitsociety.app website or Fit Society application from your device does not cancel your subscription; Fit Society LLC will retain all funds charged to your Payment Method until you cancel your subscription on the Fit Society application or Fitsociety.app website or the third party account, as applicable.

If you have a question about a transaction on your credit card statement, please contact Fit Society LLC at contact@fitsociety.app.

You may edit your Payment Method information by accessing the Fit Society application and going to “Billing.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

Changes to the fees and costs. Fit Society LLC reserves the right to change the Subscription cost, purchase cost of products or Paid Services and fees and institute new charges upon providing at minimum a 60 days’ notice to the Customer prior to subscription cost, purchase cost or fees being changed.

All purchases are final, and no refunds or exchanges will be given. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current subscription term expires.

Copyright Terms

You acknowledge and agree that Fit Society LLC owns all legal rights to all content and materials that exist in the Fit Society Application and Fitsociety.app website and Services. Fit Society LLC gives you a personal, worldwide, non-transferable, royalty-free, and non-exclusive license to use the software and Services provided to you by Fit Society LLC. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Fit Society Application and Fitsociety.app website and Services as provided by Fit Society LLC, in the manner permitted by these Terms of Service.

You agree that you shall not alter or remove any proprietary rights, copyright and trademark notices, which may be contained within the Fit Society application or Fitsociety.app website or through the Services.

Nothing in these Terms of Service gives you the right to use any of Fit Society LLC’s trade names, trademarks, logos, service marks, domain names, copyrighted words, products and other unique brand features, unless you have a written agreement with Fit Society LLC. Unless you have been expressly authorized to do so in writing by Fit Society LLC, you agree that you will not use any copyright, logo, trade name, trademark or service mark of any company, organization or individual in a way that may cause confusion about the owner of said copyright, logo, trade name, trademark or service mark.

Unless Fit Society LLC has given you specific written permission to do so, you may not distribute, assign, license or grant a sublicense of your rights to use the Software, or transfer any part of your rights to use the Software.

By transmitting, uploading or displaying the user generated content, you give Fit Society LLC a perpetual, non-exclusive, irrevocable, global and royalty-free license, and that Fit Society LLC has the right to reproduce, modify, translate, publish, publicly display or perform. You also agree to give Fit Society LLC the right to distribute any content which you transmit, upload or display on the Fit Society application or Fitsociety.app website or through the Services. You retain copyright and other rights you may hold in the content which you submit, transmit on or through the Services.

When transmitting, uploading, displaying or sharing routines, imagery and content on the the Fit Society application and Fitsociety.app store and database, you verify that the material and content is of your own original work and free of plagiarism, stolen content, stolen material and stolen information. All content or imagery that is transmitted or uploaded on the Fit Society application or Fitsociety.app website or through the Services is subject to review by the Fit Society LLC Team for any copyrighted content, imagery and materials. Those who violate these terms are subject to at ban off their account on the Fit Society application or Fitsociety.app website or the Services, and the immediate removal of the copyrighted material, imagery or content.

You herby agree that this license includes the right for Fit Society LLC to use the materials, content, imagery and videos and Fit Society LLC has the right to make the material available to other companies, organizations or individuals and that the company, organization or individual has the right to use such material, content, imagery or videos in connection with the distribution of those Services.

You confirm to Fit Society LLC that you have all the rights, power and authority to grant the license above. It is Fit Society LLC’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of users who violate these terms.

Fit Society LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Fit Society LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. If you believe that any materials on the Fit Society application or Fitsociety.app website infringe on a copyright or patent, please contact us at contact@fitsociety.app.