Terms of Service
Fitify Workouts s.r.o. (“Fitify”,"us", "we", or "our") operates the https://gofitify.com website, https://fitifyworkouts.com, and iOS and Android Apps (collectively the "Service").
Please read these Terms and Conditions ("Terms", "Terms and Conditions") and Privacy Policies carefully before using our Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to everyone who access or use the Service.
By accessing or using the Service you agree to be bound by this Terms of Service. If you disagree with any part of the Terms of Service - you may not access the Service.
Fitify will make the subscribed Services available to customer on the Terms of Service set out in this Agreement.
Customer must not, and will not permit others to:
- Sell, sub-license, rent, lend or distribute the Service or any intellectual property rights therein or otherwise make the Service available to others
- Use or access the Service in violation of any applicable law or intellectual property right, in a manner that threatens the security or functionality of the Service, or for any purpose or in any manner not expressly permitted in this Agreement modify the Service
- reverse engineer, decompile or disassemble the service
- Use the Service to create, collect, transmit, store, use or process any Customer Data. Means malware or any software intended to damage or alter data. Customer doesn’t have the lawful right to create, collect, transmit, store, use or process, that violates any law, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any 3rd party including any moral right, privacy right or right of publicity.
- remove or obscure any proprietary notices or labels on the Services, including brand, copyright, trademark and patent or patent pending notices
- access or use the Service for the purpose of building a similar or competitive product or service or perform any vulnerability, penetration or similar testing of the Service
Suspension of Access; Scheduled Downtime; Modifications.
Fitify may, at its discretion suspend Customer’s access to or use of the Service or any component thereof:
- for scheduled maintenance;
- if Customer violates any provision of this Agreement; or
- to address any emergency security concerns; and
- Modify the Service
Customer is required to accept all patches, bug fixes and updates in the Service.
You are solely responsible for content that you post within the Service. You are prohibited from advertising commercial websites or other products through your user account. Don’t create or share content that is pornographic, sexual, violent, racist, instigating, discriminatory, explicit, insulting and/or libelous in nature.
You are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights.You must also hold the necessary rights over pictures you upload. We reserve the right to delete or remove content that is illegal or that conflicts with our Terms of Service.
If you infringe the conditions mentioned in this Terms of Service - you are obliged to indemnify us against any third-party claims arising from such infringement. You are obligated to provide assistance in clarifying the disputed situation. We reserve the right to assert claims for damages and other claims.
Service and Prices
If you use the Service free of charge, you only have access to some basic functions and information of the Service. More functionalities are available to you in the case you enable custom content modules separately in return for a one-time payment or for a subscription fee.
To use some of the Services to the greatest extent, some equipment or other staff may be required (eg. Kettlebell, Gym Ball, Medicine Ball, Food, Fitness gear, Fitness mat...). These are not part of the Service and need to be purchased by you at your own costs.
Fitify may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes, and will communicate any price changes to you in advance. Price changes for Paid Subscriptions will take effect at the start of the next subscription period on the following date of the price change. As permitted by local law, you accept the new price by continuing to use the Fitify Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the paid Service before the price change comes into effect. Please make sure you read notifications of price changes very carefully.
Terms and conditions with regard to your health
Use of the Service is at your own risk.
You must be in a good general state of health to use Fitify. If you know of any pre-existing medical conditions we advise you to seek medical advice before you start using our Service.
In case of nutritional advising, you have the responsibility to verify all foods and nutrients recommended by us contain anything to which you are allergic or which may cause you a food intolerance.
Please note that pregnant women and breastfeeding mothers should not do the trainings and coachings offered by us.
Our service and advice is no substitute for medical advice, examination or treatment.
Conclusion of a Contract
When registering on our website, the contract between you and us is formed after the registration process is fully completed. In case of mobile apps, the formation of the user contract depends on the rules of the app store supplier (Apple, Google...). The contract is generally formed when you click on the "Install" field and enter your password if required in the relevant app store.
Conclusion of a contract for one off additional services for a fee or for subscriptions
Additional services can be purchased by you either by paying a one-time fee or as part of a subscription. If you purchase the additional service via your mobile app, the contract is formed when you click on the field "Buy now", or a similar field, as part of an in-app purchase and, enter your password if required.
We reserve the right to assert further claims for late payments.
If you purchase our services for via in-app purchases, you will be billed by the app-store supplier. Please consult this supplier (Google Play, Apple App Store,...) to find out what payment methods are available.
If any costs and/or expenses incur to us because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.
In case of a legitimate reason, we reserve the right to refrain from offering certain payment methods and to specify alternative payment methods.
Right to Cancel
Customer may cancel the paid Service and request a refund of the Fees paid by Customer within 48 hours of signing up for the Service (not guaranted for purchases proceeded by Apple App Store - see "iOS Refund Request"), in which case the subscribed Service will immediately terminate as of the date that we provide such refund.
If customer chooses to cancel the Service, customer must submit a cancellation request via the same method customer used to sign up for the Fitify Services (Google Play, Apple App Store...)
iOS Refund Request:
Unfortunately billing for iOS app purchases is processed directly through Apple. Due to this fact we cannot issue a refund, so you have to ask Apple for a refund by yourself (following this instructions):
- Open Mail app from your Home screen.
- Find email called "Your receipt from Apple"
- Click on the receipt for the purchase your want refunded.
- Tap Report a Problem next to the purchase you want to report. You will be redirected to Apple's problem reports page.
- Enter your Apple ID and password when prompted.
Android Refund Request:
- Launch the Google Play app
- Click Menu
- My Apps
- Subscriptions and tap on the app (Fitify) you'd like to get refunded for
If you were not able to get refunded after following this steps, contact us at firstname.lastname@example.org
- launch the Settings app
- Click iTunes & App Store
- Click Apple ID
- Click View Apple ID
- Click Apple ID
- Under Subscriptions click Manage
- Click Fitify
- Click Cancel Subscription
- Click Confirm
- Launch the Google Play app
- Click Menu
- My Apps
- Subscriptions and tap on the app (Fitify) you'd like to cancel subscription for
Any cancellation made after the 48 hour period described in the first sentence will become effective as of customer’s next payment period and he will continue to receive the Fitify Services paid for by customer until such date. Any cancellation made less than 24 hours prior to the scheduled payment period termination date will become effective as of customer’s next payment period, and customer will continue to receive the Service paid for by customer until such date.
While Fitify is under no obligation to do so, in certain limited circumstances Fitify may in its sole discretion provide customer with refund.
Special deals and promotions
Fitify is offering deals, sales and promotions such as reward programs. Our users can stay informed of these deals via our newsletter. The sales are normally only offered for a limited time. There are separate conditions for these deals which are provided for purposes of information and participation.
Liability and Guarantees
Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case. We do not make any guarantees that the use of the Service will bring the results intended by you. We an not promise or guarantee any muscle gains, fat loss and so on. The actual training result depends on many factors which cannot be influenced (genetics, physical disposition and preconditions).
Changes To This Terms of Service
You will be notified of any Terms of Service changes via email or within our Service.
These Terms shall be governed and construed in accordance with the laws of Czechia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
The language of the contract is English.
Any provision of this Agreement found by a tribunal or court of competent jurisdiction to be illegal or unenforceable will be severed from this Agreement and all other provisions of this Agreement will remain in full force and effect.
If there are any questions regarding this Terms of Service, you may contact us using the information below.
Fitify Workouts s.r.o.
Pod Hůrkou 558
33901 Klatovy, Czechia
Last Edited on 2018-05-23