Fit User End User License Agreement
This End User License Agreement (“Agreement”) is between you and Fit User LLC (Fit User) and governs the use of this app made available through the Apple App Store. By installing the Fit User App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Fit User App. If you violate these terms, your use of the app will be terminated, holding Fit User harmless of your violation of these terms of services. The terms of service are subject to change without notice. You can always find the complete and updated terms of service from the following link: https://fit-user.com/tos.
In order to ensure Fit User provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report Post” feature found under each post and flag the content under the proper category.
This Agreement is between you and Fit User only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Fit User, not Apple, is solely responsible for the Fit User App and its content.
Fit User may collect and use information about your usage of the Fit User App, including certain types of information from and about your device. Fit User may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Fit User App.
3. Limited License
Fit User grants you a limited, non-exclusive, non-transferable, revocable license to use theFit User App for your personal, non-commercial purposes. You may only use the Fit User App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions
By using the Fit User App, you represent and warrant that (a) you are 13 years of age or older and you agree to be bound by this Agreement; (b) if you are under 13 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Fit User App does not violate any applicable law or regulation. Your access to the Fit User App may be terminated without warning if Fit User believes, in its sole discretion, that you are under the age of 13 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Fit User App, you agree to be bound by this Agreement in respect to your child’s use of the Fit User App.
5. Objectionable Content Policy
Content may not be submitted to Fit User, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
Fit User provides the Fit User App “As Is” and “As Available” with all faults and disclaims all warranties about the Fit User App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Fit User, not Apple, shall be solely responsible for such warranty.
- Maintenance and Support
Fit User does provide minimal maintenance or support for the Fit User App. To the extent that any maintenance or support is required by applicable law, Fit User, not Apple, shall be obligated to furnish any such maintenance or support.
- Product Claims
Fit User, not Apple, is responsible for addressing any claims by you relating to the Fit User App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Fit User App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims
Fit User shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Fit User App. To the extent Fit User is required to provide indemnification by applicable law, Fit User, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Fit User App or your use of it infringes any third party intellectual property right.
- Health and Physical Safety
Any content and activities available in the Fit User App for your consumption should not be viewed as advice or professional guidance and must be used at your own risk. You agree to be solely responsible for your own safety and wellbeing when using the Fit User App and participating in the content and activities of the app and its users. You will be held accountable and responsible for any outcome resulting from your consumption and participation when using the Fit User App.
You agree to indemnify and hold harmless Fit User, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims, demands, expenses, including attorneys’ fees, damages, rights of action, or causes of action, of any person or entity, that may arise from your use of the Fit User App, including but not limited to your violation of this Agreement.
Fit User reserves the right to terminate your use and access to the Fit User App at its discretion and/or if evidence of the terms of service have been violated.
By accepting this agreement of terms of service, Fit User will be held harmless and you will be solely responsible for any and all outcomes, previously outlined in the terms but not limited to this agreement, affecting you as a result of your use of the Fit User app.