Last modified: Sep 02, 2024
FITFLEX recognizes that privacy is important, and we value and take steps to ensure the privacy of our users. This Privacy Policy applies to your use of the Mobile applications on all platforms and the related services we provide. These Terms of Use set out the basis upon which FITFLEX Pvt. Ltd. located in Pakistan (FITFLEX, we and/or related terms such as us and our) agree to provide FITFLEX platform and related products and services (together, FITFLEX) to a user (you and/or related terms such as your).
1.1 If you do not agree to these Terms of Use and the rest of this Agreement you cannot use FITFLEX. This Agreement will form a binding legal contract between you and us.
1.2 We may change the terms of this Agreement from time to time. If you do not agree to the change, you must discontinue your use of FITFLEX. Your continued use of FITFLEX will constitute your acceptance of the change.
1.3 We may (but do not promise that we will) offer additional or amended elements of FITFLEX from time to time. Depending on the additional or amended element you may not be able to continue to use FITFLEX until you have downloaded an update and/or accepted any new or revised terms of this Agreement.
1.4 You must be, or must obtain the permission of, the owner of the device on which you download and access FITFLEX. You are responsible for your use of FITFLEX on or in relation to any device.
1.5 Certain functionality we offer within FITFLEX may be subject to additional terms and conditions (Product Terms) which will be made available to you from the relevant functionality. In the event of any conflict or inconsistency between any such Product Terms and this Agreement, the relevant Product Terms shall take precedence.
2.1 In order to use FITFLEX you must register an account with FITFLEX. For this, You must be:
(a) at least eighteen (18) years or greater age required to register for and use FITFLEX or related Services. If you are not old enough to have legal authority to agree to these Terms of Use, your parent or guardian must agree to our Terms of Use on your behalf; and
(b) an individual, not a company or commercial entity, and a non-business user.
If you do not comply with these requirements you cannot register for or use FITFLEX. You may only register for and hold one account.
2.2 Registering requires you to give us certain information about you, at the point of registration and/or later if requested.
2.3 You promise that the information which you provide to us in connection with your registration and account (Your Data) is truthful, accurate and complete. You must keep Your Data in your account updated.
2.4 Your Data and other information which we receive or generate in connection with FITFLEX may contain information about living individuals (Personal Data). We will use Personal Data in accordance with the Privacy Policy.
2.5 Subject always to your compliance with the terms of this Agreement, FITFLEX permits you to use FITFLEX provided that:
(a) your use of FITFLEX is solely for your own personal use and you therefore must not attempt to resell or charge others for use of or access to FITFLEX or use it for any business purposes; and
(b) you must not, nor attempt to replicate, transfer, give access to or re-distribute any part of FITFLEX by any means or in any media.
2.6 We shall close your account if it is unable to pay for a period of one (01) month and terminate this Agreement after intimation.
2.7 Including when required by law or by our partners, we may require you to provide evidence of government-issued photo or other ID in an approved form and reserve the right to suspend or terminate your account and/or your use of FITFLEX if such ID is not provided to our reasonable satisfaction.
3.1 FITFLEX is provided to you on an as is and as available basis only. From time to time we may modify FITFLEX automatically and without notice.
3.2 You must comply with all the terms of this Agreement and applicable laws when using FITFLEX.
3.3 You are responsible for your use of FITFLEX including content (Such as: Images, Videos, Social Media content etc.) which you post, submit or send to FITFLEX (Your Content). Your Content must at all times comply with the usage policy for FITFLEX set out in Clause 5.1 below (the Usage Policy).
4.1.1 At FITFLEX, your safety is our utmost concern. Before engaging in any fitness, wellness, or dietary programs ('Programs') available through our Services, it is imperative to consult with your healthcare provider(s) to assess associated risks. By using our Services, you confirm that you have obtained your physician's consent for participation in the Programs and any related activities.
4.1.2 Except as otherwise specified in these Terms, to the maximum extent allowed by applicable law, FITFLEX is not liable for any injury, illness, or damages resulting from your use or inability to use any Services or features.
4.2.1 We make no assurances about the accuracy, reliability, completeness, or timeliness of any Content available through our Services, and we do not commit to updating such Content.
4.2.2 Our food database ('Food Database') contains nutritional information provided by FITFLEX and its members. FITFLEX does not guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database.
4.2.3 FITFLEX does not verify the licensing of users who identify as professional trainers or dieticians in all applicable jurisdictions.
4.3.1 All services provided through our Services, including Content, are for informational purposes only. FITFLEX is not a medical professional and does not provide medical services or advice.
4.3.2 Consult a physician or medical professional with any health-related questions before starting dietary programs, exercise regimens, or other fitness and wellness activities referenced in the Services.
4.3.3 Specialized Content, such as coaching and guidance on fitness regimens and meal planning ('Plans'), is not a medical or health service.
4.4.1 The Services aim to provide information to support your wellness and fitness activities. Activity Tracking Services track physical movements and dietary activities, relying on data from various sources. Acknowledge that FITFLEX is not responsible for inaccuracies in data provided by Activity Tracking Services.
5.1 You always retain ownership of Your Content but:
(a) by posting, submitting or sending Your Content to FITFLEX you grant us a license at no cost to disclose the data to law enforcement agencies and any other authorized officers authorized by Pakistan Telecommunication Authority (PTA) under applicable laws, if required.
5.2 Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software in FITFLEX into a readable form is prohibited except to the extent permitted by law.
5.3 FITFLEX reserves to itself and Partner all rights in and to FITFLEX not expressly granted to you in this Agreement.
5.4 The FITFLEX name and trade marks (including all related branding, logos and domain names) are the sole and exclusive property of FITFLEX.
5.5 Anyone who believes that their intellectual property or related rights are infringed by any content on the FITFLEX should contact us and provide:
(a) Identification of the content which is claimed to be infringed and its location on FITFLEX;
(b) Which rights are claimed to be infringed by that content; and
(c) The complainant's full contact details (including physical address, telephone number, and email address).
5.6 We reserve the right to suspend or cancel your access to FITFLEX any time in our absolute discretion.
6.1 You agree that at all times Your Content shall not:
(i) be pornographic or obscene, or contain sexually explicit content or child pornography;
(ii) Defame or denigrate, nor impersonate or misrepresent, other persons;
(iii) Infringe privacy, applicable law or rights of publicity or confidentiality;
(iv) Incite racial or religious hatred;
(v) Threaten, harass, intimidate or incite violence against any individual or group;
(vi) be unlawful or encourage unlawful activity including use or sale of prohibited drugs, terrorism or crime; or
(vii) Advertise or promote business, political or religious activities.
6.2 If you breach Clause 6.1 above you will be in breach of this Agreement. We may take legal action against you and you may have additional legal liability to other users and third parties.
6.3 We shall determine compliance with the Usage Policy at our sole discretion, acting reasonably. We may disable and/or delete your Content which we deem to be in violation of this policy, harmful, or otherwise inappropriate.
(a) Monthly Subscription: When you subscribe to the monthly package, you will gain immediate access to the service. However, payment will not be processed until the end of the 3-day free trial period.
(b) Yearly Subscription: When you subscribe to the yearly package, you will gain immediate access to the service. However, payment will not be processed until the end of the 7-day free trial period.
Your subscription to Fitflex grants you access to our services based on the package selected (monthly or yearly). Subscriptions automatically renew unless canceled in accordance with our cancellation policy.
Payments for subscriptions are processed through the payment method associated with your account. Charges will occur at the end of the trial period or at the beginning of each billing cycle.
(a) During the Trial Period: If you cancel your subscription during the trial period, no charges will be applied. Upon cancellation, your account will revert to the freemium model.
(b) During the Subscription Period: To avoid being charged for the next billing cycle, you must cancel your subscription at least 48 hours before the next billing date.
(c) Termination and Suspension: You may terminate this Agreement at any time by canceling your subscription. We may terminate this Agreement on immediate notice if you are in material breach of any provision.
Fitflex has a no-refund policy. Once a subscription payment is processed, it is non-refundable.
Fitflex reserves the right to modify subscription terms, including pricing, at any time. Any changes will be communicated to you in advance.
8.1 'Feedback' shall mean any input regarding our products and/or services (including FITFLEX), including changes or suggested changes to our current or future products and/or services.
8.2 All Feedback provided by you shall not be considered confidential information and shall be received and treated by us on a non-confidential and unrestricted basis.
8.3 You agree that FITFLEX shall have and retain all ownership and intellectual property rights in and to any Feedback provided by you or any other party.
To the extent permitted by applicable law, FITFLEX does not make any representations, warranties or guarantees to you regarding FITFLEX, including, but not limited to, its quality, functionality, availability, accessibility or performance. FITFLEX is provided to you on an "as is" and "as available" basis. FITFLEX does not assume liability for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App.
Liability of FITFLEX will be limited and it shall not be liable for any claims, proceedings or actions brought or made against the Partner by any third persons pursuant to a contractual relationship with you. Other than as provided above, FITFLEX affiliates will not be liable to you for any loss or damages, including without limitation, any indirect, incidental, special, exemplary, punitive or consequential damages.
11.1 Notifications of claimed copyright infringement and counter notices must be sent to our designated copyright agent: contactus@fitflexapp.com
11.2 We are only able to accept notices in the languages in which we make this Agreement available.
11.3 We will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 or, as applicable, other laws.
We cannot and do not judge or arbitrate disputes between users of FITFLEX or between users and third parties. You must settle any disputes directly with other users and third parties. If a user has breached this Agreement with us, we may, but do not undertake to, take action in respect of that.
Unless otherwise specified, any notices that you are required to give us under this Agreement should be sent to contactus@fitflexapp.com. We may send any notices that we are required to give you under this Agreement by posting to your account, email to the email address which you have provided to us and/or placing a notice on FITFLEX.
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