FIT4SUCCESS

Preamble

These terms of use constitute an agreement between any user (hereafter referred to as “User”) of the FIT4SUCCESS service and the “FIT4SUCCESS service,” which is operated by Fit4Success America LLC, located at 844 48th Avenue, San Francisco, CA 94121, USA.

The “FIT4SUCCESS service,” hereafter referred to as the “Service,” comprises the following:

• The “FIT4SUCCESS Application,” available for download under the name “FIT4SUCCESS” from the Apple App Store and Google Play Store. This application provides the User with the features described in Article 3.2 and is hereafter referred to as the “FIT4SUCCESS Application” or “The Application.”
• The “fit4successusa.com” website, primarily accessible via the URLs https://www.fit4successusa.com and https://fit4successusa.com. This site offers the User features outlined in Article 2.1 and is hereafter referred to as “The Site” or “fit4successusa.com.”

The term “FIT4SUCCESS account” refers to the authentication, data collection, and protection system for sports-related information established by Fit4Success America LLC. Creation of a “FIT4SUCCESS account” is governed by specific terms of use.

The Service is intended exclusively for private individuals using it at a standard frequency. It is strictly prohibited for any individual or entity to use the Service for professional purposes or as part of a professional activity.

For the purposes of these terms of use, the term “Use” encompasses all actions performed by the User when accessing the Service. This includes simply viewing the Service, regardless of the device used (e.g., computer, tablet, or smartphone), the type of connection (private, third-party, or public Wi-Fi), or the location of the connection.

By using the Service, the User unconditionally accepts these terms of use. These terms may be modified over time, and the applicable version is the one in effect at the time of use.

Use of Service

Features provided by the Service

This Service offers the User comprehensive exercise instructions, organized into workout sessions tailored to the User’s goals and preferences.

“Sharing, community interaction and data export” features

The FIT4SUCCESS application and website enable Users to share their sports data with third parties:

• Social Sharing Feature: This feature allows Users to share their sports sessions or challenges on external platforms, including Facebook, Twitter, and Instagram, which are considered third-party sites (these trademarks are owned by their respective proprietors). By using this feature, the User acknowledges that they are leaving the FIT4SUCCESS digital platform and agrees to adhere to the terms of use applicable to the aforementioned external sites.

“Training” feature

The “Training” or “Sessions” feature, available through both “The Site” and the “FIT4SUCCESS” application, provides Users with tailored advice and training plans aligned with their specific goals. These plans and recommendations are developed by sports professionals.

As part of the training plan or advice, Users can submit questions to the FIT4SUCCESS. Responses are sent via email to the address associated with the User’s ” FIT4SUCCESS account.” The response time is provided as an estimate and is not binding on “FIT4SUCCESS.”

The “Training” feature is governed by specific terms of use outlined in Article II.2.3.

Other features

“Submit Content” Feature: Users can upload various types of content, provided it complies with these terms of use.

This list of features is provided for informational purposes only. The Service reserves the right to modify, add, or remove features at any time, whether temporarily or permanently, without requiring User consent.

Terms of use of Service

Accessing and using the services offered on the Site requires the transmission of personal data associated with the “FIT4SUCCESS account.” Users agree to provide accurate and complete information within their “FIT4SUCCESS account.” Failure to do so grants “FIT4SUCCESS” the right to deny, suspend, or terminate access to the Site. Such suspension or termination does not affect the “FIT4SUCCESS account,” which remains subject to its own specific terms of use.

Through the “Training” or “FIT4SUCCESS” feature available on the Site and the Application, “FIT4SUCCESS” offers training advice and plans tailored to the User’s goals. These programs are intended only for individuals capable of participating in physical and sports activities, a condition the User explicitly acknowledges and accepts. It is the User’s responsibility to consult their physician beforehand to ensure no medical conditions prevent them from following the advice provided by “FIT4SUCCESS.”

The User recognizes the risks inherent in physical activities and accepts the need for medical consultation before undertaking any sports activities. “FIT4SUCCESS” shall not be held liable for any direct or indirect harm arising during or after participation in these activities.

By using “FIT4SUCCESS,” the User agrees that the platform may analyze their sports activity data to offer personalized recommendations for improved performance.

Users retain ownership of all information, data, text, images, graphics, messages, or other content they publish via “FIT4SUCCESS.” However, by posting content, the User grants “FIT4SUCCESS” a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, display, and share such content, including their name, username, or profile picture, across all media formats and channels, whether currently existing or developed in the future, without compensation. This license expires when the User deletes the content or their account, including data linked to the application’s features and sports activity.

Using “FIT4SUCCESS” requires compliance with its terms of use and those of third-party sites or applications providing additional functionalities. Users agree to carefully review and adhere to the terms of use of any third-party sites accessed via “FIT4SUCCESS.”

“FIT4SUCCESS” highlights that some additional features may require the creation of accounts on third-party platforms. Users accept full responsibility for their use of such platforms and agree to hold “FIT4SUCCESS” harmless from any liability related to these external sites.

“FIT4SUCCESS” may include or provide links to third-party materials or services. If you access such third-party services, you must adhere to their terms of service and privacy policies. We do not take responsibility for these third-party services, and you use them at your own risk. If you use third-party services through “FIT4SUCCESS” or share Your Content on such services, these Terms and our Privacy Policy do not apply to your use of those services.

You may cancel your “FIT4SUCCESS” Account at any time. We may stop providing “FIT4SUCCESS” or features of it to you or to users generally, or create usage limits for “FIT4SUCCESS.” We may permanently or temporarily terminate or suspend your access to “FIT4SUCCESS” without notice and for any reason, including if in our sole determination you violate any provision of these Terms. Upon termination, these Terms continue to apply to you.

Submitting content to the Service

To foster interaction among Users, “FIT4SUCCESS” may offer various services and modules that enable them to contribute content to the platform, such as submitting user reviews about certain features of the Service. For the purposes of these Terms of Use, “Content” refers to any material submitted by a User to the Service, including but not limited to text, comments, images, photos, videos, or any type of file, regardless of format or substance.

Access to the Site’s services requires the creation of a “FIT4SUCCESS” account. Users are responsible for all activity that occurs under their name and account during an active session.

Users agree to promptly notify the Site if they suspect their username or email address has been accessed or may be known by an unauthorized individual. “FIT4SUCCESS” disclaims any liability for the misuse of a User’s personal data by a third party.

The Site is strictly for private, non-commercial use. Users are prohibited from sharing commercial information or engaging in any commercial activity on the Site in any form or under any guise.

Creating an account with the Service

 Your “FIT4SUCCESS Account” provides access to the services and functionality that we may establish and maintain from time to time. We may maintain different types of “FIT4SUCCESS Accounts” for different types of users. You acknowledge that you do not own your “FIT4SUCCESS Account.”

You may not use another user’s “FIT4SUCCESS Account” without such user’s permission. You are solely responsible for the activity that occurs on your “FIT4SUCCESS Account,” and you must keep your account password strong and secure. You should notify us immediately of any breach of security or unauthorized use of your “FIT4SUCCESS Account.” Any individual with administrator-level access to your “FIT4SUCCESS Account” can modify account settings, access, and billing information. We will not be liable for any losses caused by any unauthorized use of your “FIT4SUCCESS Account” or for any changes made by an individual with administrator-level access to your account or content.

Conduct when using the Service

The User is prohibited from:

• Engaging in any unlawful activity;
• Extracting or collecting personal data from other Users of the Service by any means;
• Extracting, recording, or using data for purposes other than displaying them while navigating the Site/Application, or using third-party content subject to intellectual property, privacy, personal data, or image rights;
• Storing, sharing, or publishing content that is illegal, harmful, abusive, racist, incites hatred, is revisionist, violates common decency, infringes on privacy or third-party proprietary rights, including image rights, intellectual property, or the right to privacy;
• Storing, sharing, or publishing information that directly or indirectly reveals their political, philosophical, or religious beliefs, union membership, health status, or sexual orientation;
• Submitting content on behalf of another individual;
• Impersonating another person or publishing personal information belonging to a third party;
• Storing, sharing, or publishing content that could harm the interests of FIT4SUCCESS, either directly or indirectly.
• In general, the User agrees to refrain from any behavior that contradicts sports ethics or the values and interests of FIT4SUCCESS.

Terms for downloading the FIT4SUCCESS Application

This application is exclusively available for download from the Google Play Store™ and Apple Store™ (hereafter referred to as “Third Party Sites”). The mobile device operating systems (hereafter “Device”) that support this application are listed on the Third Party Sites.

Downloading this application requires compliance with both these terms of use and the terms of the Third Party Sites from which you download the application and/or use it, including the terms for applications like GOOGLE MAPS™.

The User acknowledges that by using the application, they must adhere to the contractual terms and conditions of the Third Party Sites, including those related to downloading or operating the application. Therefore, the User agrees to carefully review and comply with the terms of use of any Third Party Site they may be directed to, or use via the application, including the terms of Google Maps™.

FIT4SUCCESS alerts Users that downloading the application may require creating an account on Third Party Sites. The User agrees to hold FIT4SUCCESS harmless from any responsibility regarding the terms of use of Third Party Sites and applications, and acknowledges that compliance with these terms is solely their responsibility. FIT4SUCCESS claims no intellectual property rights over the Third Party Sites and applications that may be required to use this application.

We may provide access to the “FIT4SUCCESS” service via software compatible with mobile devices (“Mobile Applications”). You may incur mobile data charges, which you are solely responsible for. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications through your “FIT4SUCCESS” Account.

You acknowledge and agree that upgraded versions of the Mobile Applications may be automatically applied to your device. Any third-party code or open-source code is subject to the terms of its respective license agreement.

Subscription Plans and Payments

We may offer subscription plans (“Subscription Plans”) that allow you to use certain aspects of “FIT4SUCCESS” either for free or for a fee. We may add new fees or amend fees and payment terms for existing Subscription Plans. Subscription Plans may set allotments for use of specific aspects of the service.

For paid Subscription Plans, you must provide a payment method, and “FIT4SUCCESS” may automatically charge you using your payment information. Subscriptions automatically renew unless explicitly canceled.

INTELLECTUAL PROPERTY

All content (including texts, comments, files, images, photos, videos, works, etc.) that may be subject to intellectual property rights, image rights, or other proprietary claims remains the property of the User, subject to the limited rights granted to FIT4SUCCESS or the Application as outlined below. These rights are also subject to any additional terms of use agreed upon for specific services available on the FIT4SUCCESS sites.

Users are free to decide whether to publish such content on the Site and understand that once published, this content becomes public and accessible, particularly on the internet. They acknowledge, agree, and guarantee that they hold all necessary rights and permissions for publishing the content on the Site, in compliance with applicable laws, including those relating to privacy, property, intellectual property, image rights, contracts, or other relevant rights.

By publishing content on the Site, the User assumes responsibility as the content publisher under the law, granting FIT4SUCCESS a non-exclusive, royalty-free, worldwide license for the content, for the entire duration of the publication. This includes the rights to reproduce, perform, load, display, transmit, store, and sublicense the content, including to its subsidiaries, technical partners, and other Users of the Site. Users also authorize the association of their name with the content, although this association may not always occur.

By publishing content, Users authorize it to become publicly available on the internet, particularly on other FIT4SUCCESS sites, blogs, web pages, social media pages, or shared by other FIT4SUCCESS users. Users may request that FIT4SUCCESS cease publication under the terms outlined in this document.

Restriction: The sports data collected and accessible through the “FIT4SUCCESS account” is not considered part of the aforementioned “Content.” This data remains private and is only accessible to the User, unless the User voluntarily shares it on the Site or public networks.

We have implemented commercially reasonable technical and organizational measures to protect Your Content from accidental loss or unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that third parties will never be able to defeat those measures or misuse Your Content. You acknowledge that internet technologies inherently carry risks of exposure and provide Your Content at your own risk.

We respect the rights of copyright holders and content owners and comply with the Digital Millennium Copyright Act of 1998 (DMCA). If you identify content on “FIT4SUCCESS” that you believe infringes your copyright, you may report it to our DMCA agent.

Liability

“FIT4SUCCESS” liability

“FIT4SUCCESS” strives to maintain a reliable Site and Application. However, if you notice any errors or omissions on the Site or Application, please notify us at the following address:

Fit4Success America LLC
844 48th Avenue
San Francisco, CA 94121
USA
info@fit4successusa.com

Navigating and using the Site and Application is the User’s responsibility. The Site and Application may contain links to third-party websites. By clicking on these links, the User acknowledges that “FIT4SUCCESS” cannot guarantee their content and agrees to access them at their own risk.

Consequently, “FIT4SUCCESS” cannot be held liable for any harm resulting from the use of or access to the Site and its information. Additionally, Users are informed that “FIT4SUCCESS” may occasionally need to interrupt access to the Site/Application for technical reasons, such as maintenance. The User accepts these interruptions and waives any claims related to them.

By using the Site/Application, the User acknowledges and accepts the inherent limitations of internet technologies, including response times for accessing or querying the server, technical performance, risks of disruption, and potential risks during data transmission.

“FIT4SUCCESS” and its affiliates, agents, suppliers, or licensors shall not be liable for any indirect, punitive, incidental, special, or consequential damages arising from your use of “FIT4SUCCESS” or any third party’s use. This includes loss of profits, data, or other intangible losses, regardless of whether such damages are based on contract, tort, or other legal theories.

“FIT4SUCCESS” is not responsible for any computer damage, data loss, hacking, viruses, or other security issues resulting from your use of the service.

When a User submits content, “FIT4SUCCESS” merely acts as an intermediary, connecting Users and hosting the content they publish. As a web host, “FIT4SUCCESS” cannot be held liable for the activities or content stored on its Site. “FIT4SUCCESS” may, however, remove any unlawful or manifestly illegal content without prior notice, in accordance with the law.

Therefore, “FIT4SUCCESS” is not responsible for verifying the quality, reliability, truthfulness, or legality of the content submitted by Users.

“FIT4SUCCESS” is provided “as is” and “as available,” and you use it at your own risk. “FIT4SUCCESS” disclaims all warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy, reliability, security, or continuity of the service and are not responsible for losses arising from technical errors or interruptions.

User’s liability

By using the Site, the User agrees to indemnify and hold harmless Fit4Success America LLC, its affiliates, agents, suppliers, and licensors, from any damages, costs, or expenses, whether direct or indirect, arising from:

• Your access to or use of “FIT4SUCCESS”;
• Your content;
• Any third-party claim related to content published in the User’s name, particularly regarding the infringement of rights related to content published by the User on the Site, or any violation of press laws concerning materials submitted or published on the Site;
• Any activity on the Site that violates the current terms of use, including activities conducted for fraudulent purposes;
• Any breach of the Terms of Use of the Site.

“FIT4SUCCESS” emphasizes the importance of responsible content publication, such as photos or other images of Users, and sharing sports data. “FIT4SUCCESS” urges Users to ensure that any photographs, images, or videos published or shared are respectful of sports ethics and align with the values of Fit4Success America LLC. Content that does not comply will be promptly removed from the Site.

PROTECTION OF PERSONAL DATA

https://www.fit4successusa.com/privacy-protection/

Removal of content submitted by the Users

“FIT4SUCCESS” reserves the right to cancel any membership, delete any profile, remove any content, or restrict access to the Site if the User fails to comply with these terms of use or for technical reasons. These actions may be taken at any time, without prior notice, and at the sole discretion of “FIT4SUCCESS.”

Users can report any content they believe violates the Terms of Use by using the “Report Abuse” procedure, providing necessary information to process their request.

Users may also delete their own content, including sports data protected by the Fit4Success America LLC account, directly on the Site. If they are unable to remove the content, they must request its deletion by emailing info@fit4successusa.com. This request should include identifying information such as name, email address, content title, and date.

“FIT4SUCCESS” will address valid and legitimate requests as promptly as possible, but cannot guarantee immediate removal due to technical constraints or if the content has been reused by third parties. The User acknowledges that “FIT4SUCCESS” cannot be held responsible for delays or issues arising from the processing of these requests.

Developer Tools and Integration

Subject to your compliance with these Terms, “FIT4SUCCESS” grants you a non-exclusive, non-transferable, non-sublicensable right and license to use “FIT4SUCCESS” APIs, and related tools and documentation to develop, test, and support your applications (“Applications”) integrated with our service. You grant “FIT4SUCCESS” the rights and licenses to: (i) use your Applications and related names and logos for our business purposes; and (ii) link to and reference your Applications.

U.S. Government Restricted Rights and Export Controls

“FIT4SUCCESS” is commercial computer software and must comply with applicable laws and regulations when acquired by civilian agencies or the Department of Defense. You understand that “FIT4SUCCESS” may be subject to export control laws and regulations, and you agree to comply with them. You warrant that you will not provide or make “FIT4SUCCESS” available to sanctioned countries, entities, or individuals and that you will not violate U.S. export laws and economic sanctions.

Whole agreement clause

If any provision of these terms of use is found to be invalid due to a law, regulation, or final legal or administrative decision, the remaining provisions will remain in effect. “FIT4SUCCESS” will make every effort to replace the invalid provision with a valid one that aligns as closely as possible with the original intent of these terms.

The failure of either party to enforce any provision of these terms, whether temporarily or permanently, will not be construed as a waiver of that provision.

Applicable Law

These terms of use are governed by U.S. law, unless a more favorable provision applies in the User’s country of residence.

In the event of a dispute that cannot be resolved amicably, the competent court will be located in the defendant’s place of residence. However, the User has the option to bring the case before the court of their own place of residence.