Terms and Conditions

Our Terms and Conditions were last updated on May 1, 2023.

Please read these terms and conditions carefully, including any documents expressly incorporated herein, before using Our Service. These terms and conditions apply to Your use of and subscription to the Service

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

● “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

● “Account” means a unique account created for You to access Our Service or parts of Our Service.

● “App” means an mobile application released by Us

● “Applicable Laws” means any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which We or You are bound in any jurisdiction applicable to the access and use of the Service.

● “Company” (referred to as either "Company", "We", "Us" or "Our" in this Agreement) refers to 618 LLC.

● “Country” refers to the United States.

● “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

● “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.

● “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.

● “Intellectual Property Rights” means all of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world.

● “Service” refers to Our services accessible via Our Website and Apps, including Our blog, forums, shop, and other products and services.

● “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and Us regarding the use of the Service. This Terms and Conditions Agreement was generated by TermsFeed Terms and Conditions Generator.

● “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

● “Website” refers to Our website, accessible at https://www.fitnessflowapp.com

● “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Us. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that You are over the age of 18. We do not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscription Service

Subscription

You may choose to subscribe to any Service as may be offered by Us from time to time. Applicable fees are set forth on the Website and in the App.

Eligibility for any promotions or discounts is determined at the time You subscribe and cannot be changed during the term of Your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.

We reserve the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where You subscribe to the Service), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.

Free Trials

We may provide a free trial subscription for a fixed period of time, as determined by Us in Our sole discretion. Unless otherwise stated by Us in respect of specific promotions, free trials are only available to new users, and We reserve the right to cancel any trial subscription immediately if We become aware that the subscriber has already had a trial subscription on a different user account or using a different email address. Furthermore, any attempts to register for a further free trial on the same user account or using the same email address may result in You being charged for the applicable subscription fees.

After the trial, Your subscription will renew automatically at the full subscription price unless You cancel Your subscription before the end of the trial. To cancel Your subscription during the trial, please refer to the instructions on the Website.

Payment Details

You can pay the fees for Your subscription on the Website or App either through a credit card, PayPal payment or Stripe payment, or through Your account with the applicable app store in the case of the App (i.e. through in-app purchases).

The price of Your subscription, as well as the currency in which Your subscription is payable, will be specified during the order process, and may vary depending on Your country of residence (as determined by the IP address of Your device used to access the Service).

When You purchase a subscription, You must provide Us with complete and accurate payment information. By submitting payment details, You represent that You are entitled to purchase a subscription using those payment details. If We do not receive payment authorization or any authorization is subsequently canceled, We may immediately terminate or suspend Your access to Your subscription. We reserve the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.

In addition to the subscription fee You are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.

Automatic Renewal of Subscription

Your subscription will automatically renew unless You cancel at least twenty-four (24) hours before the end of the current billing period. However, You may cancel Your subscription at any time by navigating to Your profile page and following the prompts to cancel Your subscription. Upon such cancellation, You will still be entitled to access the subscription Services for the remainder of the duration that You have paid for.

Cancellation and Refund of Subscription Fees

Subscriptions are non-refundable and there is no right to refunds or credits unless required by Applicable Laws. Although You may notify Us of Your intention to cancel Your subscription at any time, such notice will only take effect at the end of Your then current subscription period, and You will not receive a refund.

Use of the Service

License to Use

Subject to Your full compliance with these Terms, You are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use applicable portions of the Service (or any part of it or its contents) for Your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Service (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from Us.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Restrictions on Use

By using the Service, You confirm that You will not use the Service for any activity that: (a) (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any Applicable Laws; (b) (i) interferes with, disrupts, negatively affects or inhibits other users from accessing or fully enjoying the Service; (ii) introduces to the Service any malware, virus, trojan horse, worms, logic bombs or any other program that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorized access, whether through password mining or otherwise, to other user accounts, computing systems or networks connected to the Service; (iv) undermines the security or integrity of the computing systems or networks on which the Service is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Service or the computer programs used to deliver the Service; (vi) uses the user account information of another person to access or use the Service; or (vii) transfers access or rights to Your user account to a third party; (c) (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Service about other users including addresses, phone numbers, email addresses and credit card details; or (d) (i) attempts to defraud Us or any other person; or (ii) provides false, inaccurate or misleading information to Us.

We reserve the right to monitor Your use of the Service and to alter or revoke Your license or Your access to the Service at any time and for any reason. Your license shall terminate upon the expiry or termination of Your user account.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content, in perpetuity, on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You acknowledge and agree that some of Your Content might continue to be publicly available on the Service after Your user account is closed or otherwise terminated, subject to Your right to have Your Content removed upon request in accordance with Applicable Laws.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

We are not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

● Unlawful or promoting unlawful activity.

● Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

● Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

● Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

● Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

● Impersonating any person or entity including the Company and its employees or representatives.

● Violating the privacy of any third person.

● False information and features.

We reserve the right, but not the obligation, to, in Our sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove Content. We further reserve the right to make formatting and edits and change the manner of any Content. We can also limit or revoke the use of the Service if You post such objectionable Content. As We cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will We be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

Content Backups

Although regular backups of Content are performed, We do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

We will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content, but You acknowledge that We have no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Service Availability and Security

We will make reasonable efforts to ensure that the Service is available to you; however, access to the Service may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of Our control. We will use commercially reasonable efforts to avoid downtime of the Service, but We assume no liability if the Service or any part thereof is unavailable at any time or for any period.

You acknowledge and agree that You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Service for any reconstruction of any lost data.

You acknowledge and agree that We shall not have any liability or be responsible in any way for: (a) Your use of the internet to connect to the Service or any technical problems, system failures or security breaches; (b) the hardware that You use to access the Service (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of Your data associated with the Service that is stored on Your own hardware; or (c) any fees You may incur in order to connect to the internet for the purpose of using or accessing the Service.

You must immediately notify Our team in the event that You become aware of any part of the Service malfunctioning or if You otherwise experience any material malfunction or other connectivity problem that adversely affects Your access to or use of the Service.

You may also be required to download and install updates to the App so as to maintain access to the Service and its services. Your failure to do so might lead to certain services offered on the Service becoming temporarily inaccessible to You until such update has been downloaded and installed.

Intellectual Property

The Service

The Service and its original content (excluding Content provided by You or other users), features and functionality, and all Intellectual Property Rights therein and thereto, are and will remain the exclusive property of Us and Our licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent.

Contributed Content

By posting or otherwise providing Content, You grant Us a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide license and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Content on and through the Service (and across different media for any purpose) and You waive (and to the extent that You cannot so waive agree irrevocably not to assert) any and all moral rights to which You may be entitled anywhere in the world in respect of such Content.

You represent and warrant that You own and control all of the rights to the Content, and have the lawful right to post or otherwise provide such Content on and through the Service and otherwise provide Us with such Content.

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email ([email protected]) and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

● A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

● Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

● Your address, telephone number, and email address.

● A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

● A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact Our copyright agent via email ([email protected]). Upon receipt of a notification, We will take whatever action, in Our sole discretion, We deem appropriate, including removal of the challenged content from the Service.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide Us. If for any reason such assignment is ineffective, You agree to grant Us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, Our and our suppliers’ entire liability under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall We or Our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if We or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, We, on its own behalf and on behalf of Our Affiliates and Our and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, We provide no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither We nor any of Our provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The features of the Service that promote physical activity, nutrition or general wellness are for Your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to Your diet or lifestyle, We recommend that You seek advice from Your relevant health care professional. Never disregard any advice from a health care professional because of something that You have read through the Service. To the maximum extent permitted under Applicable Laws, We are not responsible or liable for any loss or damage of any sort incurred that result from Your use of, or inability to use, the features of the Service.

Indemnification

To the maximum extent permitted by Applicable Laws, You agree to indemnify and hold harmless immediately upon demand Us from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly: (a) Your use of, or conduct in connection with, the Service; (b) Your breach of these Terms or any other policy; (c) the Content You provide; or (d) Your violation of any Applicable Laws or the rights of any other person or entity. You will provide Us with any assistance that We reasonably request in defending any such action or proceeding.

Disputes and Resolution

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in and You hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Miami, Florida.

Your use of the Service may also be subject to other local, state, national, or international laws.

Informal Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Miscellaneous

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

If You have any questions about these Terms and Conditions, You can contact us:

By visiting this page on our website: http://fitnessflowapp.com/

By sending us an email: [email protected]