Terms of Service
Fitso reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that Fitso shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or any portion thereof.
RegistrationTo use the services available on the App, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the App's registration form ("User Data") and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that Fitso may use your User Data to provide services on the App for which you have expressed interest. If you provide any information that is inaccurate or not current, or Fitso has reasonable grounds to suspect that such information is inaccurate or not current, Fitso has the right to suspend or terminate your account and refuse any and all current or future use of the App. In consideration of your use of the App, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
PaymentsIf you choose to become a "Paid Plan Member" of Fitso, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by Fitso) ("Payment Method"). You will immediately be charged for your membership fees after you click "Submit" on the confirmation page and your account will be activated to "Fitso Paid Plan Member" status. You agree to pay all membership fees and other charges incurred in connection with your Fitso account.
Fees and RenewalsYou may elect to pay membership fees on a monthly or quarterly basis. All membership fees are payable in advance. Membership fees will be billed automatically to the Payment Method at the start of the monthly or quarterly period, as applicable, and will auto-renew until your membership is terminated. The renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize Fitso to charge your Payment Method for the appropriate membership charges and fees and for any other purchases you elect to make via the App. Fitso reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice in advance via email. Members changing from monthly to quarterly memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL MEMBERSHIP PERIOD.
CancellationYou may cancel your "Paid Plan Membership" by us at firstname.lastname@example.org. The cancellation of a membership will go into effect at the end of your current billing cycle, and you will have the same level of access to the App through the remainder of such billing cycle. When your "Fitso Paid Plan Membership" ends, your account will enter "Free Fitso" mode. No refunds or credits will be provided by Fitso upon cancellation. You can renew your subscription at any time without opening a new account, provided that additional fees may apply if you decide to upgrade to Premium membership at a later date.
User ConductYou are solely responsible for maintaining the confidentiality of your Fitso account and for restricting access to your account while logged into the App. You accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the App or its contents. You agree to immediately notify Fitso of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to Fitso. You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with the App are the sole responsibility of the person from whom such Content originated. This means that you, and not Fitso, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the App. Fitso does not control or monitor the Content posted to the App by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the App, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Fitso be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the App. You agree to not use the App to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Fitso official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the App or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the App. You acknowledge that Fitso may or may not pre-screen or monitor Content, but that Fitso and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the App. Without limiting the foregoing, Fitso and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the App, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that Fitso may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Fitso, its users and the public. Subject to the foregoing, Fitso will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information. The App is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the App, use of the App or access to the App.
Content Submitted to the AppFitso does not claim ownership of Content you may submit or make available for inclusion on the App. However, with respect to Content you submit or make available for inclusion on the App (other than User Data or Payment Method information), you grant App a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the App for the purposes of providing and promoting the App and the features and services available on the App. The App may provide you with the option of making certain Content that you submit to the App as private or available only to select users of the App. Upon submission of Content to the App, you expressly choose to mark such Content as to be made generally available, Fitso cannot and does not guarantee the privacy of such Content.
Interactions with App UsersThe App functions as a venue to connect members in a virtual information place. As a neutral facilitator, Fitso is not directly involved in the actual transactions between members of the App. As a result, Fitso has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the App. Fitso shall have no responsibility to confirm the identity of members. Fitso shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the App. You shall at all time exercise common sense and good judgment when dealing with any user of the App.
Electronic CommunicationsThe App may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms or send similar messages and communications to third party service providers, other users and/or Fitso. You agree to use communication methods available on the App only to send communications and materials related to the subject matter for which Fitso provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the App, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Fitso in any manner, though Fitso reserves the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
Proprietary RightsYou acknowledge and agree that the App, any necessary software used in connection with the App (if any) and any Content available on the App contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Fitso, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, the software or Content available on the App (other than Content that you may submit), in whole or in part. Fitso grants you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App. You agree not to access the App by any means other than through the interface that is provided by Fitso for use in accessing the App. The term FITSO, the Fitso logo and other Fitso service names are the exclusive trademarks of, and are owned by, Jogo Technologies, and you may not use or display such trademarks in any manner without Fitso's prior written permission. Any third party trademarks or service marks displayed on the App are the property of their respective owners. Fitso reserves all rights not expressly granted hereunder.
Claims of Copyright InfringementIf you have reason to believe any part of the Content of the App infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any App by any user who is alleged to have posted infringing materials or a link to infringing materials on the App and to immediately remove or disable the allegedly infringing Content or links. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on the App infringes your copyright or (b) any link posted on the App links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable App; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "copyright owner"), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows: Copyright Agent c/o Jogo Technologies 3rd floor, Landmark Tower Plot No.2, Opposite C113 South City 1, Gurgaon E-mail: email@example.com
Your FeedbackWe welcome your comments, feedback, suggestions, and other communications regarding the App and the information and services we make available through the App (collectively, "Feedback"). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to Fitso a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Fitso any Feedback that you do not wish to license to us as set forth above.
Disclaimer of Warranties and LiabilityTHE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE APP IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. FITSO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. FITSO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE APP WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT FITSO IS NOT PROVIDING MEDICAL ADVICE VIA THE APP. THE CONTENT PROVIDED THROUGH THE APP, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS APP, AND YOU SHOULD NOT USE THE APP OR ANY CONTENT ON THE APP FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND APP. YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE APP (INCLUDING BUT NOT LIMITED TO RUNNING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF FITSO OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT FITSO DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP RIDE OR EVENT THAT UTILIZES FITSO'S APP. YOU EXPRESSLY AGREE TO RELEASE FITSO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY FITSO WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FITSO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IndemnityYou agree to indemnify and hold Fitso and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the App, your use of the App, your athletic activities which generate the Content you post or seek to post on the App (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which Fitso sponsors, organizes, participates in, or whose App is used in connection with), your connection to the App, your violation of the Terms, or your violation of any rights of another person or entity.
TerminationYou agree that Fitso may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the App. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the App (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) non-payment of any fees owed by you in connection with the App. Termination of your account may include (x) removal of access to all offerings within the App, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the App. Further, you agree that all terminations for cause shall be made in Fitso's sole discretion and that Fitso shall not be liable to you or any third party for any termination of your account or access to the App.
Applicable LawsThis App is controlled by Fitso from its offices within India. Fitso makes no representation that the Content in the App or the App are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this App from locations outside of India do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Indian export laws and regulations. Any action related to the App, the Content or the Terms shall be governed by Indian law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and courts located in Gurgaon District, Haryana for any legal proceedings related to the App or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the App or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 9, 11, 12, 13, 15 and 16 shall survive termination of your account and/or the Terms.
MiscellaneousYou agree that no joint venture, partnership, employment or agency relationship exists between you and Fitso as a result of the Terms or your use of the App. The Terms constitute the entire agreement between you and Fitso with respect to your use of the App. The failure of Fitso to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Fitso. Fitso has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfil its duties and obligations under these Terms and in connection with the App. Fitso's notice to you via email, regular mail shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.