Terms of Service

Table of Contents

1. Our Services
2. Intellectual Property Rights
3. User Representations
4. Purchases and Payment
5. Cancellation
6. Software
7. Prohibited Activities
8. User Generated Contributions
9. Contribution License
10. Guidelines for Reviews
11. Mobile Application License
12. Third-Party Websites and Content
13. Advertisers
14. Services Management
15. Privacy Policy
16. Term and Termination
17. Modifications and Interruptions
18. Governing Law
19. Dispute Resolution
20. Corrections
21. Disclaimer
22. Limitations of Liability
23. Indemnification
24. User Data
25. Electronic Communications, Transactions, and Signatures
26. UK Users and Residents
27. Miscellaneous
28. Contact Us

1. Our Services

The information provided on or through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA). If your interactions with the Services are subject to such laws, you may not use the Services.

2. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright, trademark, and other intellectual property laws and treaties.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have gained proper access, solely for your personal, non-commercial use.

Any unauthorized reproduction, distribution, or exploitation of our Content or Marks is strictly prohibited.

3. User Representations

By using the Services, you represent and warrant that:

• You have the legal capacity to enter into these Legal Terms.
• You are not a minor in your jurisdiction.
• You will not access the Services through automated means.
• You will not use the Services for any illegal or unauthorized purpose.
• Your use of the Services will comply with all applicable laws and regulations.

If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account.

4. Purchases and Payment

We accept payment via the Apple App Store. You agree to provide current, complete, and accurate purchase and account information for all transactions made via the Services. You further agree to promptly update such information to complete your transactions.

Sales tax, if applicable, will be added to the purchase price. We reserve the right to change prices at any time and to correct any pricing errors, even if you have already been charged.

6. Cancellation

All purchases are non-refundable. For payments made through the Apple App Store, cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our Services, please contact us at alwynsiby@hotmail.com.

7. Software

If our Services include downloadable software accompanied by an End User License Agreement (“EULA”), your use of that software will be governed by the EULA. If no EULA is provided, we grant you a non-exclusive, revocable license to use the software solely in connection with the Services, “AS IS” without any warranties.

8. Prohibited Activities

You agree not to use the Services for any purpose other than as intended. Prohibited activities include, but are not limited to:

• Systematic data retrieval for compiling a database without permission.
• Fraud, misrepresentation, or attempts to harvest sensitive account information.
• Circumventing, disabling, or interfering with security features.
• Posting content that is illegal, harmful, or violates the rights of others.
• Use of the Services in any manner inconsistent with applicable laws.

Any violation of these prohibited activities may result in immediate termination of your right to use the Services.

9. User Generated Contributions

The Services may provide opportunities for you to create, submit, or post content (“Contributions”). When you do so, you represent that:

• Your Contributions do not infringe any third-party rights.
• You have all necessary rights to submit your Contributions.
• Your Contributions are accurate and not misleading.
• Your Contributions do not violate any applicable laws or contain offensive or harmful content.

You are solely responsible for your Contributions.

10. Contribution License

By submitting Contributions, you grant FitCheck Partnership a perpetual, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your Contributions in connection with the Services and our business. You retain all ownership rights in your Contributions, but you give up any claim of compensation or attribution.

11. Guidelines for Reviews

If you post reviews or ratings on the Services, you must:

• Have firsthand experience with the subject of the review.
• Avoid using profanity, offensive, or discriminatory language.
• Refrain from posting false, misleading, or defamatory content.
• Not post reviews if you have a conflict of interest.

We reserve the right to remove any reviews that do not comply with these guidelines.

12. Mobile Application License

Use License: If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the App on your personal device(s) in accordance with these Legal Terms. You agree not to:

• Reverse engineer, decompile, or disassemble the App.
• Modify or create derivative works of the App.
• Remove or alter any proprietary notices.
• Use the App for any commercial purpose or in a manner that competes with our Services.
• Permit access to the App by multiple users simultaneously beyond what is intended.

Apple and Android Devices: If you obtain the App from the Apple App Store or Google Play, your use of the App is subject to the respective distributor’s terms. We are not responsible for maintenance or support beyond what is provided under these Legal Terms.

13. Third-Party Websites and Content

The Services may include links to third-party websites or content (“Third-Party Websites/Content”). We do not control, endorse, or guarantee the accuracy of any Third-Party Websites/Content. Accessing any third-party website is at your own risk, and once you leave our Services, these Legal Terms no longer apply.

14. Advertisers

We may display advertisements on our Services. These advertisements do not constitute an endorsement by us, and we are not responsible for the content or accuracy of any advertisement.

15. Services Management

We reserve the right to:

• Monitor the Services for violations of these Legal Terms.
• Take appropriate legal action against anyone who violates these terms.
• Restrict, suspend, or disable access to the Services or any portion thereof.
• Remove or disable any content that is burdensome to our systems.

16. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy for details on how we collect, use, and share your information. By using the Services, you consent to the practices described in the Privacy Policy.

17. Term and Termination

These Legal Terms will remain in effect as long as you use the Services. We reserve the right, in our sole discretion, to terminate your access to the Services at any time without notice if you violate these Legal Terms.

If your account is terminated for any reason, you are prohibited from registering and creating a new account.

18. Modifications and Interruptions

We may modify or discontinue the Services at any time without notice. We do not guarantee that the Services will be available on a continuous or uninterrupted basis and will not be liable for any interruptions or errors in the Services.

19. Governing Law

These Legal Terms and your use of the Services shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to any conflict of law provisions.

20. Dispute Resolution

Binding Arbitration: If any dispute arises out of or relates to these Legal Terms or the Services and cannot be resolved through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally resolved by binding arbitration. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE GIVING UP THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.

Arbitration will be conducted under the rules of the London Court of International Arbitration (LCIA) (or any successor rules) then in effect, and the arbitration shall take place in London, United Kingdom. The arbitrator’s decision will be in writing and final, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Restrictions: Any arbitration shall be strictly on an individual basis and not as a class action or representative proceeding.

Exceptions to Arbitration: Notwithstanding the foregoing, disputes relating to intellectual property rights, allegations of theft or privacy violations, or any claim for injunctive relief shall be resolved in a court of competent jurisdiction in the United Kingdom.

21. Corrections

There may be information on the Services that contains errors, inaccuracies, or omissions. We reserve the right to correct such errors and update the information on the Services at any time without prior notice.

22. Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FitCheck PARTNERSHIP DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

23. Limitations of Liability

IN NO EVENT SHALL FitCheck PARTNERSHIP OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX-MONTH PERIOD PRIOR TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so some of the above limitations may not apply to you.

24. Indemnification

You agree to defend, indemnify, and hold harmless FitCheck Partnership and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your breach of these Legal Terms, or your violation of any rights of another.

25. User Data

We will maintain certain data you provide to us for the purpose of managing and improving the Services. While we perform routine backups, you are solely responsible for maintaining the safety and integrity of your data. We shall not be liable for any loss or corruption of your data.

26. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive communications electronically, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communication be in writing.

By using the Services, you agree to the use of electronic signatures, contracts, and records.

27. UK Users and Residents

If you are a resident of the United Kingdom and have a complaint regarding the Services, please contact us at alwynsiby@hotmail.com. If you remain dissatisfied with our response, you may wish to seek assistance from your local Citizens Advice Bureau or Trading Standards office.

28. Miscellaneous

These Legal Terms, together with any policies or operating rules posted on the Services, constitute the entire agreement between you and FitCheck Partnership regarding the Services. Our failure to enforce any provision of these Legal Terms shall not be considered a waiver of that provision. We may assign these Legal Terms without notice, and if any provision is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

There is no joint venture, partnership, employment, or agency relationship created by these Legal Terms. These terms shall not be construed against us simply because we drafted them.

29. Contact Us

If you have any questions or concerns about these Legal Terms or the Services, please contact us at:

FitCheck Partnership
59 Havelock Street
LE11 5DH, United Kingdom
Email: alwynsiby@hotmail.com