Effective: August 15, 2022
This Terms of Use applies to the "Female Fitness: Women Workouts" application.
Welcome to our Company. Thank you for getting in touch with us. Please find our terms and conditions below and contact us if you have any further questions.
These Terms of Use regulate the use of our services by app users. Please read the Terms thoroughly and carefully before you choose to purchase any products or services. Deleting the App does not include your free trials and subscriptions. By registering as a member or by browsing or visiting the Service, you agree and accept the bound by these Terms of Use, which forms a binding agreement between you and our Service.
As used, these Terms:
Company means this fitness app.
The user of the app refers to the users who agree to utilize our services and products.
You and Yours mean the users of this fitness app.
Application means the software program downloaded by You on your laptop or mobile device.
Affiliate means an entity that controls or is controlled by a party, where “control” refers to ownership of 50% or more of the shares and other securities entitled to vote for the election of directors or other managing authority.
Account refers to a unique account created for each user to gain access to our products and services.
Content means images, text, and other types of information that can be uploaded, posted, or linked to by the client.
Country means the United States of America.
Device means any electronic device such as a computer, a mobile phone, or a tablet.
In-app Purchase means the purchase of services or products through this app that are subject to these Terms of Use.
Service means the application.
Please check our Privacy Policy for more details, documents, and terms. We reserve the right to change these terms for any reason.
Your authorization to access and use our Services is evidence of your agreement to be bound by the Terms, which define the binding relationship between you and our Company.
The Company reserves the right to change, modify, or terminate our Services and these Terms at any time.
If we decide to modify or change these Terms, we will post these Terms as modified on our application. By continuing to use our services and products after modification, you state that you agree to be bound by the modified Terms of Use. This information can be modified at least once a year starting from the date of posting the latest version of these Terms. You may visit our application from time to time to check the latest updates.
Our Company will not provide any medical tips, health insurance, or any other form of healthcare services, including counseling, evaluation, prescription, or testing related to nutrition, exercise, wellness, or weight loss or related to any illness, disease, treatment, or another condition.
The Services offered by this app are meant to facilitate your life and wellness and help you accomplish your fitness ambitions. It is not a replacement for professional healthcare services and our Services might not be appropriate for all clients. You hereby admit that your exercise habits and dieting involve dangers that might include the risk of injury or death, and that you are now assuming these risks.
The Client should contact an experienced healthcare specialist to make a decision if these Services would be beneficial and safe for you. You are prohibited from commencing or accessing these Services against medical advice or in case these Services may pose health risks. Hence, you confirm that you accept the state of your health and life and any decisions you make regarding it.
If you want to gain access to our Services, you must register your Account in the app and submit it with all the necessary data.
Upon completing the registration, you are warranting and representing that all the information you mentioned is accurate and correct, that your usage of our Services does not violate any regulations and laws, and that you will maintain the integrity of the data you’ve mentioned.
You may not use our Service for the purposes that are prohibited by these Terms of Use or perform any illegal activity.
Our Services are not to be utilized by individuals under the age of 16. You give hereby your consent that you satisfy these demands. All clients who are under 16 need to have received permission from their parents or guardian to utilize our Services.
Violation of these Terms of Use results in the block or deletion of your profile and account. We are not obliged to notify you about the deletion of your profile.
Subscription period
Some Services are offered only with a paid Subscription. The client will be billed in advance on a periodic basis (either weekly, monthly or each year), depending on the type of plan you’ve chosen when you purchased Subscription.
Subscription cancellations
You have the right to cancel your Subscription. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
Fee Changes
The Company, at any time and at its own discretion, can change the fees for Subscription. Any modification of the Subscription fee will become effective at the end of the current Subscription period.
The Company is obliged to provide the client with prior notice about the changes in Subscription fees to give you the possibility to terminate it before the modification becomes effective.
Refunds
Paid Subscription fees are non-refundable except when it is required by the law.
Through the usage of our Services, you warrant that:
You agree not to:
The content in this app and other Services are offered “as is” and “as available”. They are provided without warranty or representation of any kind, including, but not limited to, the implied warranties of integration, title, merchantability, non-infringement, and fitness for a certain purpose. The Company together with suppliers, licensors, and affiliates do not warrant that the Services will be secure and available at any place and time, the Services and the content will be correct and accurate, any errors will be corrected, and any result will be achieved.
Under no circumstances shall we be liable to you or third parties for any profits lost or any consequential, indirect, incidental, exemplary, or special damages arising from these Terms of Use, the Services, or third-party ads. Access to, and use of, these Services, and third-party ads are at your own risk and discretion, and you will be accountable for any damage or data loss resulting therefrom.
You, as a client, agree to hold and indemnify the Company, its affiliates, subsidiaries, and successors, its licensors, suppliers, partners, and other representatives, including fees and costs, from any demand or claim made by a third party due to or arising out of your usage of these Services. At an expense which would be incurred by you, the Company reserves the right to assume the defense and control of any circumstances for which you are obliged to indemnify us. You agree not to settle any problem in the absence of the prior written consent of the Company.
Your access and utilize these Services at your own will and in compliance with the local regulations. The Company does not guarantee that the Services are accessible, appropriate or legally available for usage in your jurisdiction. The access and usage of these Services are banned in the territories where doing so would be considered illegal.
Dispute Resolution for Customers Outside the USA
The notion “Dispute” refers to any claim, dispute, or controversy between the client and the Company relating to or arising out of the Services and these Terms of Use, whether they are based on statute, contract, ordinance, regulation, or any other legal theory, and includes the enforceability and validity of this Section. You give your consent that any Dispute between you and the Company will be governed by the arbitration procedures stated below.
If any Dispute happens between you and the Company, our aim is to offer you a cost-effective means of solving this issue as soon as possible. You and Company agree that we will resolve any Dispute according to one of the subsections below.
Informal Negotiations/ Notice of Dispute. Firstly, you and the Company agree to try to negotiate any Dispute informally within 30 days before starting arbitration. Such informal negotiations commence upon receipt of written notice from one individual to the other.
Notices of Dispute must:
Arbitration Option. If the total amount of the award sought is less than $10,000 for any claim, the party requesting relief may choose to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party chooses arbitration, they will initiate it through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The parties and the ADR provider must follow these rules:
If the dispute can’t be settled amicably through negotiations within 30 days, and the Demand is in excess of $10,000 USD, it or they will be settled by arbitration according to the International Dispute Resolutions Procedures of the International Center for Dispute Resolution (ICDR).
Mandatory Binding Arbitration. In the interest of resolving Disputes between you and the Company in the most expedient and cost-effective manner, you and Company agree that every Dispute will be resolved by binding arbitration. This is a more informal option than a lawsuit in court. Arbitration hires a neutral arbitrator instead of a jury or a judge.
Arbitrator. All Disputes subject to this US Arbitration Agreement will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (AAA), as modified by these Terms of Use.
Fees. If you commence arbitration according to these Terms of Use the payment of any applicable fees will be decided by the AAA Rules. The place of the arbitration will be New York City, NY, USA. If the claim is for $100,000 or less, you may select if the arbitration will be conducted on the phone or on the basis of the documents submitted to the arbitrator.
Class Action Waiver. You and the Company agree that each can bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Next, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding, unless you and Company agree otherwise.
Survival of Agreement. This US Arbitration Agreement will survive the termination of your relationship with the Company.
The laws that govern these Terms of Use and your usage of these Services are the laws of England and Wales, excluding its conflicts of law principles.
We reserve the right, at Our sole discretion, to change or modify these Terms of Use at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice before these changes will become effective. What constitutes a material change will be defined at Our sole discretion.
By continuing to access and utilize our Services, you agree to be bound by the revised terms. If you do not give your consent to these Terms of Use, in whole or in part, please stop using the Services and the application.
If you have any questions or concerns about these Terms of Use, You can contact us by email: contact@watermelonapps.co