Terms of Use

These Terms of Use ("Terms") apply to your access and use of this website, or the applications and other online products and services (collectively, our "Services") provided by AI WORKOUT PLANNER APPS LTD ("we"). By accessing the AI WORKOUT PLANNER APPS LTD website or by downloading AI WORKOUT PLANNER APPS LTD mobile application, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 12, do not access or use our Services. AI WORKOUT PLANNER APPS LTD does not provide medical, health or other advice. You participate in health activities entirely at your own risk.

If you have any questions about these Terms or our Services, please contact us at support@fitny.app.

1. Description of Services

Fitny is digital fitness coach app.

2. Eligibility

You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
3. Privacy

Please refer to our Privacy Policy https://fitny.app/privacy-policy.html for information about how we collect, use and disclose information about you.

4. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

5. Limited License; Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans and other content contained therein (collectively, the "AI WORKOUT PLANNER APPS LTD Content") are owned by or licensed to AI WORKOUT PLANNER APPS LTD and are protected under both Cyprus and foreign laws. Except as explicitly stated in these Terms, AI WORKOUT PLANNER APPS LTD and our licensors reserve all rights in and to our Services and the AI WORKOUT PLANNER APPS LTD Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and AI WORKOUT PLANNER APPS LTD Content for your own personal use; however, such license is subject to these Terms and does not include any right to: (a) sell, resell or commercially use our Services or AI WORKOUT PLANNER APPS LTD Content; (b) copy, reproduce, distribute, publicly perform or publicly display AI WORKOUT PLANNER APPS LTD Content, except as expressly permitted by us or our licensors; (c) modify the AI WORKOUT PLANNER APPS LTD Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or AI WORKOUT PLANNER APPS LTD Content, except as expressly set forth in these Terms; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our Services or AI WORKOUT PLANNER APPS LTD Content other than as expressly provided in these Terms. Any use of our Services or AI WORKOUT PLANNER APPS LTD Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AI WORKOUT PLANNER APPS LTD Content.

6. Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify AI WORKOUT PLANNER APPS LTD as follows:

By mail:
AI WORKOUT PLANNER APPS LTD
Synergatismou 9
Limassol, 3010, Cyprus

By email:
support@fitny.app

Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to AI WORKOUT PLANNER APPS LTD for certain costs and damages.

7. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless AI WORKOUT PLANNER APPS LTD and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "AI WORKOUT PLANNER APPS LTD Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify AI WORKOUT PLANNER APPS LTD Parties of any third party Claims, cooperate with AI WORKOUT PLANNER APPS LTD Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys fees). You also agree that the AI WORKOUT PLANNER APPS LTD Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and AI WORKOUT PLANNER APPS LTD or the other AI WORKOUT PLANNER APPS LTD Parties.
8. Disclaimers

Your use of our Services is at your sole risk. Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, AI WORKOUT PLANNER APPS LTD does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While AI WORKOUT PLANNER APPS LTD attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

9. Limitation of Liability

AI WORKOUT PLANNER APPS LTD and the other AI WORKOUT PLANNER APPS LTD Parties will not be liable to you under any theory of liability whether based in contract, tort, negligence, strict liability, warranty, or otherwise for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if AI WORKOUT PLANNER APPS LTD or the other AI WORKOUT PLANNER APPS LTD Parties have been advised of the possibility of such damages.
The total liability of AI WORKOUT PLANNER APPS LTD and the other AI WORKOUT PLANNER APPS LTD Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of AI WORKOUT PLANNER APPS LTD or the other AI WORKOUT PLANNER APPS LTD Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

10. Release

To the fullest extent permitted by applicable law, you release AI WORKOUT PLANNER APPS LTD and the other AI WORKOUT PLANNER APPS LTD Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under laws of Cyprus as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

11. Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the Cyprus and other countries, where you may not have the same rights and protections as you do under local law.

12. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with AI WORKOUT PLANNER APPS LTD and limits the manner in which you can seek relief from us.

You and AI WORKOUT PLANNER APPS LTD agree that any dispute arising out of or related to these Terms or our Services is personal to you and AI WORKOUT PLANNER APPS LTD and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND AI WORKOUT PLANNER APPS LTD WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 12 by notifying AI WORKOUT PLANNER APPS LTD in writing. The notification must be sent to:

AI WORKOUT PLANNER APPS LTD
Synergatismou 9
Limassol, 3010, Cyprus

In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16. 13. Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Cyprus, without regard to conflict of law rules or principles (whether of Cyprus or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
14. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the "Last Updated" date below. We may also attempt to notify you by sending an email notification to the address associated with your account, if any, or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

15. Electronic Communications

By accessing or using the Services, you also consent to receive electronic communications from AI WORKOUT PLANNER APPS LTD (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

16. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

17. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

18. Additional Terms Applicable to iOS Devices

The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the "App") developed by Apple Inc. ("Apple").

Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and AI WORKOUT PLANNER APPS LTD, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.

Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

Maintenance and Support. You and AI WORKOUT PLANNER APPS LTD acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of AI WORKOUT PLANNER APPS LTD. However, you understand and agree that in accordance with these Terms, AI WORKOUT PLANNER APPS LTD has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.

Product Claims. You and AI WORKOUT PLANNER APPS LTD acknowledge that as between Apple and AI WORKOUT PLANNER APPS LTD, AI WORKOUT PLANNER APPS LTD, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

Intellectual Property Rights. The parties acknowledge that, in the event of any thirdparty claim that the App or your possession and use of the App infringe that third party intellectual property rights, AI WORKOUT PLANNER APPS LTD, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to:
By mail:
AI WORKOUT PLANNER APPS LTD
Synergatismou 9
Limassol, 3010, Cyprus

By email:
support@fitny.app

Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services.

Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
19. Miscellaneous

These Terms constitute the entire agreement between you and AI WORKOUT PLANNER APPS LTD relating to your access to and use of our Services. The failure of AI WORKOUT PLANNER APPS LTD to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Last Updated: 06/06/2024