Terms and conditions

Terms and Conditions

Last updated: June 15, 2018

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with http://www.fitdo.com website and Fitdo mobile application (the "Service") operated by Fitdo ("us", "we", or "our").

Please read these Terms and Conditions carefully before using our website and Fitdo mobile application (the "Service").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

You may cancel subscription any time. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period by going to your iOS Account Settings after purchase. Payment will be charged to iTunes Account. Any unused portion of free trial period, if offered, will be forfeited when you purchase a subscription.

https://support.apple.com/en-us/ht202039

Free Trial

Fitdo may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Fitdo until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Fitdo reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Fitdo, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Fitdo will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Fitdo (Free accounts) enables users to create workout plans. These Workout Plans is by default Public (“Public Workout Plans”) and is visible to other users on Fitdo and may be indexed by Google Search and can be viewed by anyone who has access to the Internet. Public Workout Plans can be viewed by other users and will also appear in a searchable Fitdo database, and will be available for others to access, join and view online.

Fitdo (Premium accounts) enables users to create private workout plans. Premium users therefore have optional privacy settings when creating a new Workout Plan. Private Workout Plans are NOT indexed by Google Search and will only be accessible to the Users with whom you have chosen to share the Content with. You may invite one or more People/Users to join Private Workout Plan(s) by sending them a “share” link You hereby do and shall grant to each invited users a worldwide, non-exclusive, revocable license to access, view your private user Content. This license ends when you delete the Content or your account is closed (either by you or by us), except to the extent that the Content has been shared with others and they have not deleted it.

You can choose to delete Workout Plans that you have created, which will delete everything relating to the plan, except the Workouts. Workouts may have been added to other users workout schedule (Fitdo Calendar), thus is inappropriate to force delete. If you intend to make a Workout not accessible for other users, we advise you to instead delete the exercises and text inside the Workout prior to deleting the associated Workout Plan.

Fitdo grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download) Content solely for purposes of using the Service.

This license ends when you delete your content or close your account (either by you or by us), except your workouts which may acts as events inside the others users calendars. If you wish to delete workouts, you may instead have to delete the exercises inside each of those workouts.

You are responsible for obtaining consent from original Content owners to use their Content when using the Service to use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, we strongly advise you to report the user, plan or post from within the Fitdo application. Any content created by another user can be reported. You may also submit your notice in writing to the attention of "Copyright Infringement" of [email protected] and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Fitdo and its licensors. The Service is protected by copyright, trademark, and other laws of both the Denmark and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fitdo.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Fitdo.

Fitdo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Fitdo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Fitdo, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk, you are responsible for following a workout plan on fitdo. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Fitdo its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

As a startup company we continually try to improve for the Terms , functionality and community guidelines.

If you have any questions about these Terms, please contact us.