By registering and using the application and website, you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept all of these terms, then you may not use the application and services. In these terms, "we", "us", "our" and Fitsii refers to Fitsii and "you" and “your" refers to you, the user of Fitsii.
The following terms and conditions apply to the application and services offered by Fitsii. This includes the mobile and tablet versions as well as any other version of Fitsii accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY INFORMATION OR SERVICE FROM THE “FITSII” APPLICATION AND WEBSITE.
ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Fitsii. By registering and using the application and website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not download the application and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Fitsii. You agree to be bound by any modification to this terms and conditions when you use Fitsii after any such modification is posted; it is therefore important that you review this agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Fitsii may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
ELIGIBLITY
You may use the services only if you can form a binding contract with Fitsii, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of the application for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
By registering and using the application, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
FITSII
FITSII is a global platform which is geared towards creating a much more accessible environment for a healthy engagement of all in sports, fitness and wellness. Movement has always been a necessity for all living things especially humans, today our world revolves around seating down behind a computer screen, as such, movement, be it in sports or other forms of fitness nowadays is rather viewed as a trend or luxury rather than another human necessity.
For more information about our services, please contact us through our contact information, our support team will be attentive and available to answer your questions and concerns.
CAREER OPPORTUNITY
From health and fitness enthusiasts to certified professionals, we create an atmosphere of opportunities to millions of people in the health, sports and fitness industry that finds it difficult to reach out or get the needed attention to market themselves to potential customers. FITSII helps create an equal opportunity for all and everyone gets a chance to help someone get healthy while getting paid for their time and services.
USERS
If you wish to register in order to search and find instructors or facilities to hire or rent their services, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service, you represent that you are of legal age to form a binding contract under the laws of USA or another applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form available on Fitsii and maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fitsii reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
Instructors and Institutes
If you wish to register as an instructor or Institutes to offer your services to other registered users through the application, you must read this agreement and indicate your acceptance during the registration process, in order to provide services.
Instructors must be certified by a sports institute and must undergo a verification process by Fitsii at the time of registration. If the registration and verification process is approved, a "verified" and/or “certified” mark will appear on the instructor's profile.
Non-certified instructors may enroll, but must expressly indicate in the registration process that they are not certified. It is the free and exclusive decision of the user to hire the services of a certified or non-certified instructor.
In consideration of your use of the service as an instructor and to provide services to registered users, you represent that you are of legal age to form a binding contract under the laws of USA or another applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form available on Fitsii and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fitsii reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
ACCOUNT AND SECURITY
If you register on Fitsii, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Fitsii of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Fitsii. Fitsii will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users will be able to open a single account. The use of multiple accounts is strictly prohibited and is a clear violation of these terms. The use of multiple accounts may result in the cancellation and deletion of the account.
By providing Fitsii with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law, in lieu of ordinary mail. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you may opt-out of receiving them via the contact information. Unsubscribing may prevent you from receiving emails about updates, upgrades or offers.
ACCOUNT DELETION AND TERMINATION
The users may terminate their accounts any time, for any reason, by following the instructions on Fitsii. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Fitsii.
Fitsii reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Fitsii believes that you have breached any of these terms, furnished Fitsii with false or misleading information, or interfered with use of the website or the service by others.
USER PROFILES AND SESSIONS
User profiles will be public and visible to other users registered on the platform. The users will be able to search and find the profiles of the Instructors or Institutes on the platform.
Instructors or Institutes will be able to provide their services through 1:1 online session. These sessions will be private only for participating users. The information and content provided or transferred through these sessions will be the sole responsibility of the users. The proper use and behavior of the users through the sessions and the platform is the sole responsibility of the users. If Fitsii determines that the user or users are misusing the platform or the video chat sessions, Fitsii may cancel and remove the user's account.
PAYMENTS
All payments to Fitsii are handled securely. Payment will be debited from your credit card or debit card, immediately on you placing the order for the service you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide. Fitsii reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services.
FEES AND WITHDRAWALS
Fitsii will charge 12.5% on Intructors and a flat fee of 4.5% on users for each transaction made through the platform by users in the provision of services. The cost of the commission will be deducted immediately after each transaction.
The value remaining after the commission is debited will be credited to the instructors's or institutes's account. Payments for services rendered through the platform will be saved and shown on the account of the instructor or institute who provided the service. The instructor or institute can request the withdrawal of the funds credited to his account and these will be transferred to the bank account specified by the user.
THIRD-PARTY MATERIALS
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
SERVICE DISCLAIMER
The services offered by instructors and institutes are not offered or provided by Fitsii. Fitsii services are limited to providing the platform to publish user profiles. Fitsii is not responsible at any time for the services offered by instructors and institutes. Fitsii is not responsible for the accuracy, safety or legality of the services offered by instructors and institutes.
Fitsii does not represent the services of instructors and institutes. The purchase of services is at your own risk. The services provided by the instructors and institutes are the exclusive responsibility of the users.
Disputes arising between users shall be resolved by the users themselves. Fitsii does not accept any claim regarding the services published in the application and provided by the coaches or instructors.
Fitsii is not responsible for any damage to the physical or moral integrity of people, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on any fitsii platform. The communications and relationships established between users as a result of any connection within the Fitsii platform are the sole and exclusive responsibility of the users.
In the case that one or more users or any third party initiate any type of claim or legal action against another or other users, each and every one of the users involved in such claims or actions exempt Fitsii from any responsibility.
SERVICE DISCLAIMER
Physical exercise, in all its forms, is a strenuous physical activity. Therefore, it is advised that you seek the advice of a physician before beginning any exercise regimen, routine, program or use of any equipment suggested and shown through the application.
By using the application, you declare that you understand that physical exercise involves intense physical movement and that such activity carries a risk of physical injury. You understand that it is your responsibility to judge your physical capabilities for such activities. It is your responsibility to ensure that by participating in the activities shown on the Fitsii platform, you will not exceed your limits when performing such activity, and will select the level of effort appropriate to your abilities and skills, as well as any mental or physical conditions and/or limitations you may have. You understand that, from time to time, the application may suggest exercises and physical fitness routines or the use of equipment, and it is your sole responsibility to determine whether such suggested exercises or equipment are appropriate for your skill level and physical and mental condition. You expressly waive and release any claims you may have at any time for an injury of any kind against Fitsii or any person or entity involved with Fitsii. Before performing any exercise suggested in the application please consult a physician to assess your physical condition. Fitsii does not provide professional medical advice.
LICENSE TO USE THE PLATFORM
Fitsii gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Fitsii as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Fitsii, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Fitsii application or third parties.
RESALE OF SERVICES
Users may not resell the services or any portion of the content or the functionality of the platform, to any other party without prior written permission from Fitsii, which may be granted or withheld in Fitsii sole discretion.
SECURITY COMPONENTS
You understand that Fitsii and software embodied within Fitsii may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Fitsii and/or content providers who provide content to Fitsii platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Fitsii.
COPYRIGHT
All materials on Fitsii, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Fitsii or by third parties that have licensed or otherwise provided their material to the application and website. You acknowledge and agree that all Materials on Fitsii are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Fitsii prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Fitsii or any part of the material for any purpose other than its intended purposes is strictly prohibited.
COPYRIGHT COMPLAINTS
Fitsii respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Fitsii website and application infringe upon your copyright or other intellectual property right, please send the following information to:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Fitsii may find it on the Fitsii website and application. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have In Good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
USER CONTENT
Certain features of the application and the website may permit users to upload content, which may be comprised of messages, video, images, text, and others and to publish that user content on the application. You retain any Copyright that you may hold in the user content that you post to the application. Nevertheless, we need certain permission from you in order to publish the content. Fitsii is not responsible for the accuracy, safety or legality of user content published in Any Fitsii platform (website and App). Users are solely and exclusively responsible for their content and the consequences of publishing their content.
LICENSE GRANT TO FITSII
By providing user content to or via the service, you grant Fitsii a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your user content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
USER CONTENT REPRESENTATIONS AND WARRANTIES
Fitsii disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the Service. By providing user content via the service, you affirm, represent, and warrant that:
- You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Fitsii and users of the Service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Fitsii, the Service, and these Terms.
- Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Fitsii to violate any law or regulation.
- Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.
USER CONTENT DISCLAIMER
We are under no obligation to edit or control user content that you or other users post or publish, and will not be in any way responsible or liable for user content. Fitsii may, however, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Fitsii with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Fitsii does not permit copyright-infringing activities on the service.
CONTENT REVIEW
Fitsii does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the services by its users. You acknowledge and agree that Fitsii reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Fitsii chooses to monitor the content, Fitsii still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.
PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the services and the use of the application, will be used in accordance with our Privacy Policy. When you use the Fitsii services, you agree for us to collect and store your personal information. The personal information collected is also used to check the correctness of identification and do necessary checks. In giving the information you also agree for us to message or communicate with you unless you tell us not to. Please refer to our Privacy Policy.
NON-COMMERCIAL USE
The service may not be used in connection with any commercial purposes, except as specifically approved by Fitsii. Unauthorized framing or linking to Fitsii is Prohibited. Commercial advertisements, affiliate links, and other forms of content without notice may result in termination of the account.
THIRD PARTIES
Fitsii contains content of third-party licensors to Fitsii, which is protected by copyright, trademark, patent, trade secret and other laws. Fitsii owns and retains all rights, title and interest in the content. Fitsii hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through Fitsii or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Fitsii and using the services.
Any dealings with third parties included within or on Fitsii involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Fitsii is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Fitsii does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Fitsii or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Fitsii is provided to you for informational purposes only. Fitsii encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Fitsii works to ensure the information on Fitsii is current and accurate.
PROHIBITED ACTIVITIES
The content and information available on the website and application (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Fitsii or licensed to Fitsii by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Fitsii.
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the services for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Fitsii in connection with the services.
- Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.
- Download any Content unless it’s expressly made available for download by Fitsii.
DISCLAIMER OF WARRANTIES
Fitsii will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet Fitsii provides and maintains the Website and application on an "as is", "as available" basis and makes no promise that use of the website and application will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website and application may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the application in breach of these terms you will be liable to and will reimburse Fitsii for any loss or damage caused as a result.
Fitsii will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Fitsii excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Fitsii and Fitsii shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on Fitsii.
- Any interruptions to or delays in updating Fitsii.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the application or any product or service purchased through the application.
- Any loss or damage resulting from your use or the inability to use the application or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from The Website and application, or from transmissions via emails or attachments received from Fitsii.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Fitsii for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
INDEMNIFICATION
You agree to defend and indemnify Fitsii from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Download the Fitsii application.
- Your use of the Fitsii application and services.
CHANGES AND TERMINATION
We may change the application, website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fitsii without restriction.
INTEGRATION CLAUSE
This agreement together with the Privacy Policy and any other legal notices published by Fitsii, shall constitute the entire agreement between you and Fitsii concerning and governs your use of the application website and the services.
DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Fitsii platform (website and application), will be settled by binding arbitration between you and Fitsii, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Fitsii are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Fitsii otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
FINAL PROVISIONS
These Terms are governed by the law of USA. Use of Fitsii application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.