TERMS & CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE or MOBILE APPLICATIONS OF FITMESS, LATER REFERRED AS FITMESS PRODUCTS. All users of Fitmess products agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use Fitmess products.

By using Fitmess products you agree to be bound by terms of use set out below. If you do not wish to be bound by these terms, you should not use Fitmess products. We may change these Terms of use and privacy policy from time to time and so you should check these regularly. Your use of the Fitmess products will be deemed an acceptance of the terms existing at that time.

Fitmess has the right to change the Terms and Conditions and Privacy Policy terms from time to time. You must periodically review these Terms and Conditions and Privacy Policy. We do not need to contact you directly or inform you of any changes to our Terms and Conditions and Privacy Policy. Terms of Use and Privacy Policy as described above.

When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password.

Also as part of our commitment, we welcome all your feedback through our Contact Us form of any of the policies and conditions listed below.

Conditions of Registration:

To access and use Fitmess products you must be at least 18 years of age (according to the Gregorian calendar) and with a full legal capacity.

If you are between the ages of 13-18, you cannot use our platform without the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to Fitmess, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

By using Fitmess, you recognize and warrant that you have the legal right and the ability to use the service in accordance with the law of your country or the country you exist in.

Using Fitmess products is at your own risk, and you agree not to post, raise, write, distribute, store, find or publish in any way, or cause to be published on the Fitmess products either directly or indirectly through other websites and mobile applications any of the followings:

1. Doing anything that would impact on the operation or security of the site FITMESS or cause illogical inconvenience or disables any of the other users or our staff.
2. Transfer your account (including page or application you run) to any person without obtaining prior written permission from us that allows it.
3. Applying any reverse engineering, reverse collect, dismantling, or any other activities that would hack the issuers or other formulas or computational processors code of the software used in the infrastructure and the processes relating to Fitmess products.
4. Violate other users' privacy, or collecting any data and information about other users without their explicit consent, manually or by using any software or mechanism (spider) or infiltrating crawler or search or applying restoration, or uses of any devices or other mechanism to penetrate Fitmess products and / or restore the index and / or data mining information operations.
5. Provide personal or private information related to a third party, for example, but not limited to, family names, address, phone numbers, e-mail addresses, and/or credit card numbers.
6. Broadcast viruses, subversive data, or other files that cause damage, malfunction or sabotage.
7. Provide any contents or links to contents that exposes us or other users to the harm or legal liability at any way. (According to our sole judgment).
8. Provide unlawful, libel, slander, or offensive contents to any religious or moral group. Contents with hardcore, pornography, obscene, indecent, or contains overtones, harassment, threats, violation of privacy and publishing rights, violent, sexy, sensitivities, fraudulent or unacceptable in any form.
9. Provide content constitutes, or encourages, or provides instructions for a foul crime, or breach the rights of any party, or cause in any way in legal liability or violate any local laws.
10. Content causes inconvenience or harass to others.
11. Provide contents that are not owned by you personally without a legal permission from the legally owner of that contents.
12. Provide a content that impersonates any real or legal person or causes in any way in a false claim of dependency to that real or legal person, including Fitmess.
13. Provides undesirable promotional materials, political campaigns, ads, contests, raffles, or offers.

We do not assume any responsibility or acknowledge for any content published, uploaded, fostered, distributed, stored, or created by users, in any way on Fitmess products directly or through other websites and/or mobile applications.

We do not take any responsibility for any content published, stored or uploaded in groups or interactive page (social pages) by you or by any third party, or for any loss or damage resulting from it, as we do not take responsibility for any errors, vilify, contempt, defamation, omissions, lies, pornography, or insults that may come across during your use of interactive pages (social pages). Also we do not take any responsibility for any statements, representations or content provided by users in any public interactive page (social pages). And users must inform us immediately to take the necessary procedures according to our discretion.

If there is an emerging complaint about content that a user has published or causes to be published, submitted, broadcasted, distributed, stored, or created, on Fitmess products directly or through the website of third parties, you agree to direct your complaint against the user only and not against us.

Considering capacity limitations of the servers and devices and the multiple use by many people at the same time, you are responsible not to use the Fitmess products in any way that leads to sabotage or exceed the capacity of the server hardware of our network or any networks connected to any of our servers. As for example to do any act that would impose unreasonably disproportionate large load on the available infrastructure or bandwidth Fitmess products.

Safety:

Fitmess cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness or fitness program, or any dietary program or guidance. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in dietary, wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services, and that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Fitmess is not responsible for any medical complications, injuries and risks that may arise as a result of the consumption of our services.

Disclaimer Regarding Accuracy and Reliance on Content:

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.

In particular, Fitmess does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. To the extent permitted by applicable law, under no circumstances will Fitmess be responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring any nutritional information in the Food Database is accurate, complete and useful.

Not Medical Advice:

We aim to provide useful general information for our community, not professional medical advice even if some of our Mentors might have a medical background. The Services are not medical devices, and the data provided by them is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other users or third parties (even if they are claiming to be a doctor!) is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.

Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Fitmess and you

Client Testimonials & Success Stories Not Typical:

Success stories posted by users or Fitmess on our Services may not represent typical or even accurate results obtained from any particular fitness activity or diet. To the extent permitted by applicable law, Fitmess has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in any user success stories.

All client testimonials and progress are real. However, it cannot be assumed that these endorsements represent typical results of Fitmess’s Services. Progress depends on each client’s individual starting condition and willingness to stick to the Fitmess’s Services. There are many factors that come into play that dictate your results when using our programs. Age, gender, physical and medical condition, and dedication are all factors that affect the client’s results. By signing up for our services, you acknowledge that you may not achieve the same results presented through client testimonials as per the reasons mentioned above.

 

Mentors:

Mentors on any of Fitmess products are experts in the field of nutrition and have one or all of the following; Fitmess training certification or training certification from other parties, qualifications, experience, skills and certificates of scientific background and they are sufficient and appropriate in their field. When you use any of the mentor services, you have the option to do an assessment graded from 1 to 5, and to provide any feedback or notes based on your experience with the intended competent.

We rely exclusively on feedback from users that evaluates these Mentors. We sometimes do make tests to evaluate these Mentors, check their backgrounds and qualifications information. However, we urge you to independently verify backgrounds and skill or qualifications of any Mentor before receiving a service from him/her.

You have to understand and recognize that we are only like access connection between you and the Mentor, and we are not, in any way involved either directly or indirectly in any interaction between you and your Mentor. We are not responsible for committing or implementation of any applied agreement between you and you Mentor, including any agreement of remuneration. You alone are responsible for any such agreement. If there is any dispute between you and any one of the Mentors related to transactions made through the platform or the website, you are under these conditions exempt us, our subsidiaries, our institutions, officials, employees and agents of any claims or issues you may have against or related to Mentors.

If there is any dispute between you and any one of the mentors related to transactions made through Fitmess products, please contact: support@fitmessapp.com

 

Paid Services:

If you choose to subscribe to any of our enhanced, paid services, these are the payment and billing terms that apply. Paid services and billing may auto-renew unless you cancel. You may cancel at any time.

Payment Terms:

We offer certain premium versions of our Services (“GO PREMIUM”) for a fee. By signing up for and using the Premium Services, you agree to our Terms, and any additional terms and conditions provided here. You also agree to waive your 14-day right of withdrawal at the moment you subscribe to the Premium Services to the maximum extent permitted by applicable law, so that you are able to immediately access them.

The Premium Services provide you access to certain enhanced products, services, features and functionality. By signing up for and using the Premium Services, including signing up for Free Trials of the Premium Services, you agree to pay any fees or other incurred charges that apply to the Premium Services (such as subscription fees).

When you sign up for the Premium Services, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Premium Services and for any other purchases you elect to make via the Services.

You can choose to pay for the Premium Services on a monthly or tri-monthly basis. Unless otherwise stated, all fees due for the Premium Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or tri-monthly Premium Service period, as applicable. Unless otherwise stated, Premium Services will auto-renew until you elect to cancel your access to Premium Services. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.

Termination or Cancellation of Premium Services:

If you do not pay the fees or charges due for your use of the Premium Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Services (and may do so without notice).

You can cancel the Premium Services at any time. More information on how to cancel can be found here. Once you have cancelled your Premium Service and received confirmation, no other changes can be made to your account. The cancellation of a Premium Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Premium Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month.

There are no refunds for termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due time, regardless of whether or not you actively use the Premium Service.

Fee Changes:

To the maximum extent permitted by applicable laws, we may change our prices for Premium Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Premium Service on Fitmess Products and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the change going into effect.

Discount, Coupon or Promo Codes:

If you have received a discount, coupon or promo code to a Premium Service, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the applicable Service and enter the applicable code to take advantage of the relevant promotion. All discounts, coupon or promo codes can only be applied when subscribing to Premium Services, and to accounts not already subscribed to Premium Services. Discount, coupon and promo codes cannot be combined with any other cash-off price, sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or promo code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Premium Service before the end of a free or discounted period if you do not want to continue with a Premium Service at the regular price. The terms and conditions of a specific discount, coupon or promo code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Premium Service, coupon validity dates, and/or purchase quantities. Fitmess reserves the right to cancel promo codes, discounts and coupon promotions at any time.

Free Non-Premium Services:

We sometimes offer some of our non-premium services for free. No fees or charges are required.

Free Trials:

We sometimes offer free trials of our Premium Services or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the Premium Services for a period of time, with details specified when you sign up for the offer.

In order to sign up for a Free Trial, you may or may not need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.

Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Premium Service will automatically continue and you will be billed the applicable fees for that Premium Service using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Premium Services user after the Free Trial period.

If you decide you do not want to become a paying Premium Services user, you must cancel your subscription before the end of the Free Trial period. Depending on the applicable Premium Service, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.

Premium Service features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Premium Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Premium Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.

No Warranties:

EXCEPT WHERE PROHIBITED BY LAW, FITMESS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our Mentors or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

We are not be, in any way, liable for any content, advertising, or product, located on or available in the other websites, and with the observance of laws and which cannot be excluded, we do not offer guarantees or commitments or obligations whatever to the following:

1. With respect to the quality, accuracy, selling portability and suitability of a material, products, and services that available through other websites.
2. Materials which are available through websites are not violating the intellectual property rights of any person.

Limitation of Liability:

We are building the best Services we can for you but we can't promise they will be perfect. We're not liable for various things that could go wrong as a result of your use of the Services.

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Fitmess, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services.

Intellectual Property:

 Please note that the contents of Fitmess Products, including but not limited to, the source code, software, specifications, pictures, signs, and audio files are protected by copyright laws, trademarks and other proprietary rights applicable. Based on the foregoing, it is not permitted to you to create any derivative work or any other amendments, without a prior written consent from Fitmess. And that you should not make any amendment to the copy we are viewing or printed in any way and you may not use any of the illustrations, photos, videos or audio sequences or any graphics separately from any text. And if you print or download any materials from our website (www.fitmessapp.com) or mobile applications, that means you breach these Terms of Use, and you must in this case, stop immediately and destroy any copies of the materials you have.

 Users of this site are obliged to respect intellectual property rights of others, and we may remove materials that appear in our sole discretion as infringement of the intellectual property rights of others, and if you think that a material you own and is protected by copyright is being published or used on the site without permission, in this case You have to notify us and provide the following information:

1. A detailed description of the material that you claim it is being infringed, with sufficient information to enable us to locate it, including the URL where the infringed material located.
2. Must provide a statement and documents that prove that this material of your own.
3. Your name, mailing address, telephone number and your e-mail.

 when the user submits any content in the public interactive page owned by Fitmess by e-mail or any other means, Fitmess will have the right to use that content in any way, and the user vows that this article are valid for publication and agrees to indemnify Fitmess on the Internet if any third party takes any action against us about the content provided by the user.

Termination:

 You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of Fitmess.

Indemnity:

 We reserve the right immediately to terminate your use of Fitmess Products if you breach or we have reasonable grounds to believe that you are likely to breach these terms and conditions or you otherwise engage in conduct, which we determine in our sole discretion to be unacceptable.

Miscellaneous:

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.

Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.

These terms and conditions and the Fitmess Products are governed by Arab republic of Egypt law. Disputes can be dealt with by the Egyptian courts.

These terms and conditions apply between users and us. No other person is entitled to benefit under these Terms and Conditions.

Contact Us:

If you have any feedback, questions or comments about the Services, please contact our Support Team by email support@fitmessapp.com