Terms of Service 

Updated December 6, 2021

These terms of use are entered into by and between you and Fitness Interactive Experience, Inc. (“Company” or “we” or “us” or “our”).  The following terms and conditions (“Terms of Service”), including the Privacy Policy attached hereto (“Privacy Policy”), govern your access to and use of fix-health.com, whether as a guest or a registered user, and the applications made available for download on fix-health.com (fix-health.com and each such application, individually and collectively, the “Service”).  If you are accessing or using, or registering as a user of, the Service on behalf of an entity, you are accepting these Terms of Service on behalf such entity and represent that you have the authority to bind such entity and its affiliates to these Terms of Service.  “You” and “your” hereafter refer to such entity and its affiliates if you have such authority and, if you do not or are accessing or using, or registering as an individual user of, the Service, “you” and “your” hereafter refer to you in your individual capacity.  

Please read these Terms of Service, including the Privacy Policy below, carefully before you access and/or use the Service.  By accessing or using the Service or by clicking to accept or agree to these Terms of Service when this option is made available to you, you accept and agree to be bound by these Terms of Service and the Privacy Policy below, which is incorporated herein by reference.  If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access, download, or use the Service.

Basic Terms

1. The Service is offered and available to individuals aged 13 and older. If you are under the age of 13, you may only access and use the Service with express consent of your parent or legal guardian. By accessing or using the Service, you represent and warrant that you are at least 13 years of age or have done so with the express consent of your parent or legal guardian.
2. You are responsible for any activity that occurs under your Service account.
3. You are responsible for keeping your password to the Service secure.
4. You must not abuse, harass, threaten, impersonate, or intimidate other users of the Service.
5. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, and/or links (“Content”) that you submit, post, and/or display on the Service.
7. You must not copy, create a derivative work of, reverse engineer, or hack nor modify another website or application to falsely imply that it is associated with the Service.
8. You must not upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to any other users of, or visitors to, the Service.
9. You must not interfere with or disrupt the Service or servers or networks connected to Service, such as the transmission of worms, viruses, or any code of a destructive nature.
10. You must not, in accessing or using the Service, intentionally or unintentionally violate any applicable local, state, national, or international law.
11. You must not falsify any information that you elect to submit on or through the Service and represent and warrant that any and all information you so submit is true and accurate.
12. By accessing, downloading, and/or using the Service, you hereby represent and warrant that you have consulted with your physician and are of sound physical condition to participate in the activities promoted on and through the Service. Under no circumstances should you attempt an activity that you are not physically capable of doing.

Violation of any of the terms and conditions of these Terms of Service (including the Privacy Policy) will result in the termination of your access to the Service. While the Service prohibits the foregoing conduct and Content on or through the Service, you understand and agree that we cannot be responsible for the conduct and/or Content of others, including other users or visitors of the Service, and that you nonetheless may be exposed to such materials and WAAAAAAyour access to and use of the Service is at your own risk.

General Conditions

1. We reserve the right to modify or terminate the Service for any reason, in whole or in part, without notice, at any time.
2. We reserve the right to change or modify these Terms of Service at any time, in our sole discretion, by posting changes on or through the Service. Your continued use of any part of the Service following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
3. We reserve the right to refuse access or use of the Service to anyone for any reason at any time.
4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
5. We agree not to use or disclose to third parties data gathered in the health, fitness, and medical research context – including from the HealthKit API, Motion and Fitness, or health-related human subject research – or advertising or other use-based data mining purposes other than improving health management, or for the purpose of health research, which may include aggregating users’ data in an anonymous fashion and deriving aggregated insights, and then only with permission, which you hereby grant.
6. We do not, and will not, store personal health information on our servers.  We store, and will store, only steps, exercise minutes, and METs on our servers.
7. You agree to indemnify, defend and hold harmless the Company, its affiliates, and its and their employees, officers, and directors, WWWWWWWand other users and visitors of and to the Service, from and against any and all claims, liabilities, penalties, settlements, judgments, and fees arising from (a) any Content that you or anyone using your account may submit or access in the course of using the Service or any social media platforms connected or integrated with the Service; (b) your use of, or inability to use, the Service or any social media platforms connected or integrated with the Service; (c) your violation of these Terms of Service and/or the Privacy Policy; and (d) any violation or failure by you to comply with all laws and regulations in connection with your use of the Service or any social media platforms connected or integrated with the Service.
8. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

You agree not to use the Service to:

1. upload, post, email, transmit, forward, provide links to, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
2. upload, post, email, transmit, forward, provide links to, store or otherwise make available any material, including Content, that infringes copyrighted material or promotes the violation of the intellectual property rights of others, including but not limited to trademark and patent violations;
3. copy, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or modify the Service in any manner;
4. upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation on or through the Service;
5. impersonate any person or entity, including, but not limited to, Company, its affiliates, and its or their employees, officers, and directors, and other users and visitors of and to the Service, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. upload, post, email, transmit, forward, provide links to, or otherwise make available any material that contains a software virus or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Service;
7. disobey any requirements, procedures, policies, or regulations connected to the Service;

Copyright

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. You can modify or remove your profile at any time and/or request that we permanently delete your account and all material and information you submitted or generated through the Service by contacting us at http://support.fix-fit.com.  Please note that any such request for deletion will also result in the permanent deletion of any text and/or images you have stored in the Service.
2. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
3. We undertake to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
4. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
5. A description of the copyrighted work claimed to have been infringed;
6. A description of the infringing material and information reasonably sufficient to permit us to locate the material, such as a web URL;
7. Your contact information, including your address, telephone number, and email;
8. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
9. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims of copyright or other intellectual property infringement can be sent to our Copyright Agent, at info@fix-fit.com.

Refunds and Returns:

All sales are final. We may, in our sole discretion, offer full or partial refunds or credits for any claims or issues experienced by our registered users. Our general guidelines with respect to any such refunds or credits are as follows:

For instances of user error, including but not limited to: 

You cannot connect a supporting application that is known to work. You do not read or follow user instructions and tutorial and cannot operate the Service correctly. You do not install the Service on your device correctly. You do not have the current version of: the Service, the OS for your phone, the current version of supporting tracking software (e.g., fitbit, google fit, Apple Health, etc.). You do not have your phone or wearable device present at the time of exercise and/or movement. 

We will generally offer you customer service support and a credit to re-start the applicable challenge.

For instances of user inoperability, including but not limited to:

You have an incompatible phone. You are located in a world location that blocks access to our Service or the servers that provide our Service. You are injured or deceased and unable to use the Service. The Service fails, due to something within our exclusive control, in excess of seven (7) days.

We will generally offer you a refund, except in the instances where a credit has been offered and you have accepted it. 

For instances of user purchase error, including but not limited to: 

You purchased the Service in error. You purchased the Service but cannot use it due to personal reasons. 

We will generally offer you a credit for the purposes of doing the Service program you purchased at a later date.