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Terms of Service

The following terms and conditions govern all use of the Fitloop website and all content, services and products available at or through the website, and the Fitloop iOS and Android apps (taken together, the Fitloop App). The Fitloop App is owned and operated by Fitloop. ("Fitloop"). The Fitloop App is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Fitloop's Privacy Policy) and procedures that may be published from time to time on this Site by Fitloop (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Fitloop App. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Fitloop App or use any services. If these terms and conditions are considered an offer by Fitloop, acceptance is expressly limited to these terms. The Fitloop App is available only to individuals who are at least 18 years old.

1. Your Fitloop Account and Site. If you create a account on the Fitloop App, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords in your posts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Fitloop may change or remove any post or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Fitloop liability. You must immediately notify Fitloop of any unauthorized uses of your account or any other breaches of security. Fitloop will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. By creating an account on the Fitloop App, you consent to receiving emails from us.
2. Responsibility of Contributors. If you post comments to the Fitloop App, post material to the Fitloop App, post links on the Fitloop App, or otherwise make (or allow any third party to make) material available by means of the Fitloop App (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
   • the Content is not presented in a manner that misleads your readers into thinking that you are another person or company. For example, your displayed user name is not the name of a person other than yourself or company other than your own.
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Fitloop or otherwise.

   By submitting Content to Fitloop for inclusion on the Fitloop App, you grant Fitloop a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Fitloop App. If you delete Content, Fitloop will use reasonable efforts to remove it from the Fitloop App, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, Fitloop has the right (though not the obligation) to, in Fitloop's sole discretion (i) refuse or remove any content that, in Fitloop's reasonable opinion, violates any Fitloop policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Fitloop App to any individual or entity for any reason, in Fitloop's sole discretion. Fitloop will have no obligation to provide a refund of any amounts previously paid.

3. Responsibility of Fitloop App Visitors. Fitloop has not reviewed, and cannot review, all of the material, including computer software, posted to the Fitloop App, and cannot therefore be responsible for that material's content, use or effects. By operating the Fitloop App, Fitloop does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Fitloop App may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Fitloop App may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Fitloop disclaims any responsibility for any harm resulting from the use by visitors of the Fitloop App, or from any downloading by those visitors of content there posted.
   
   Visitors who use this website and rely on any information do so at their own risk. THE WEBSITE DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. The content on the Fitloop App is intended solely for entertainment purposes only. You should consult your physician or other health care professional before starting any exercise or diet program or acting on any information provided on this Fitloop App, as circumstances vary from person to person. Fitloop should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.
   
   Fitloop is not a medical professional, and Fitloop does not provide medical services or render medical advice. The owners, editors, contributors, administrators, and other staff of Fitloop are not qualified professionals, and are simply aggregating information found online for entertainment purposes only.
   
   Your use of the Fitloop App does not create a doctor-patient relationship between Fitloop and you. You hereby agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet.
4. Content Posted on Other Fitloop Apps. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Fitloop links, and that link to Fitloop. Fitloop does not have any control over those non-Fitloop websites and webpages, and is not responsible for their contents or their use. By linking to a non-Fitloop website or webpage, Fitloop does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fitloop disclaims any responsibility for any harm resulting from your use of non-Fitloop websites and webpages.
5. Copyright Infringement and DMCA Policy. As Fitloop asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Fitloop violates your copyright, you are encouraged to notify Fitloop at support@fitloop.app in accordance with the Digital Millennium Copyright Act ("DMCA"). Fitloop will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Fitloop will terminate a visitor's access to and use of the Fitloop App if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Fitloop or others. In the case of such termination, Fitloop will have no obligation to provide a refund of any amounts previously paid to Fitloop.
6. Intellectual Property. This Agreement does not transfer from Fitloop to you any Fitloop or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fitloop. Fitloop, Fitloop.app, the Fitloop logo, and all other trademarks, service marks, graphics and logos used in connection with Fitloop, or the Fitloop App are trademarks or registered trademarks of Fitloop or Fitloop's licensors. Other trademarks, service marks, graphics and logos used in connection with the Fitloop App may be the trademarks of other third parties. Your use of the Fitloop App grants you no right or license to reproduce or otherwise use any Fitloop or third-party trademarks.
7. Changes. Fitloop reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Fitloop App following the posting of any changes to this Agreement constitutes acceptance of those changes. Fitloop may also, in the future, offer new services and/or features through the Fitloop App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. Fitloop may terminate your access to all or any part of the Fitloop App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Fitloop account (if you have one), you may simply discontinue using the Fitloop App. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
   
9. Disclaimer of Warranties. The Fitloop App is provided "as is". Fitloop and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fitloop nor its suppliers and licensors, makes any warranty that the Fitloop App will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Fitloop App at your own discretion and risk.
10. Limitation of Liability. In no event will Fitloop, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fitloop under this agreement during the twelve (12) month period prior to the cause of action. Fitloop shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty. You represent and warrant that (i) your use of the Fitloop App will be in strict accordance with the Fitloop Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Fitloop App will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification. You agree to indemnify and hold harmless Fitloop, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Fitloop App, including but not limited to your violation of this Agreement.
13. Miscellaneous. This Agreement constitutes the entire agreement between Fitloop and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fitloop, or by the posting by Fitloop of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Fitloop App will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fitloop may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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