FITZZ End User Terms of Use

1. Contractual Relationship

These Terms of Use ("Terms") govern your access to and use of the applications, websites, content, products, and services (the "Services") made available by FITZZ. By accessing or using the Services, you agree to be bound by these Terms, which establish a contractual relationship between you and FITZZ. If you do not agree to these Terms, you may not access or use the Services.

This agreement is solely between you and FITZZ, not Apple. Apple is not responsible for the app or its content.

Supplemental terms may apply to certain Services, such as policies for specific promotions, and will be disclosed in connection with those Services. Supplemental terms are in addition to and shall prevail over these Terms in case of conflict.

We may amend these Terms from time to time. Amendments will become effective upon posting on our website or notification through the Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms as amended.

2. The Services

The Services provide a platform that enables users to receive workout routines and recommended exercises based on fitness history and preferences. FITZZ does not function as a personal trainer or medical advisor. Any routines or recommendations provided are for informational purposes only and undertaken at your own risk. You should consult a fitness professional or proceed cautiously.

The Services are for personal, non-commercial use only.

3. License

Subject to your compliance with these Terms, FITZZ grants you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the application on your personal device solely in connection with the Services.
• Access and use any content, information, and related materials provided through the Services for your personal, non-commercial use.

All rights not expressly granted herein are reserved by FITZZ and its licensors.

4. Restrictions

You agree not to:

• Remove copyright, trademark, or other proprietary notices from any part of the Services.
• Reproduce, distribute, modify, or create derivative works of the Services without prior written consent.
• Reverse engineer, decompile, or disassemble the Services except as permitted by applicable law.
• Link to, mirror, or frame any portion of the Services.
• Access or use the Services in a way that could damage, disable, overburden, or impair the platform.
• Attempt unauthorized access to the Services or related systems.

5. Payment and Subscriptions

FITZZ requires payment for access to certain features or content through one-time payments or subscriptions ("Transactions"). By initiating a Transaction, you agree to:

• Pay the applicable fees and taxes.
• Provide accurate and complete payment information.
• Authorize FITZZ or its payment processor to charge your provided payment method for the agreed amounts.

Subscriptions renew automatically unless canceled. You may cancel a subscription at any time, but cancellation will only take effect at the end of the current billing period. Refunds are not provided except as required by law.

6. User Responsibilities

Eligibility: The Services are not available for individuals under the age of 18 without supervision. By using the Services, you affirm you meet this requirement.

Conduct: You agree to use the Services lawfully and refrain from causing harm, nuisance, or damage to FITZZ, its users, or third parties.

Content Submission: Any content you provide (e.g., reviews, feedback) remains your property, but you grant FITZZ a worldwide, royalty-free license to use, distribute, and display such content.

7. Maintenance and Support

FITZZ, not Apple, is responsible for providing any maintenance and support services with respect to the Services. Apple has no obligation to provide maintenance or support services for the app.

8. Product Claims

You acknowledge that FITZZ, not Apple, is responsible for addressing any claims from you or third parties relating to the app or the use of the app, including but not limited to:

• Product liability claims;
• Any claim that the app fails to conform to any applicable legal or regulatory requirement; and
• Claims arising under consumer protection or similar legislation.

9. Disclaimers and Limitation of Liability

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind. FITZZ disclaims all warranties, including fitness for a particular purpose and non-infringement.

Apple has no responsibility for addressing any claims, warranties, or disputes relating to the app.

FITZZ is not liable for indirect, incidental, or consequential damages arising from your use of the Services. Your maximum remedy for any claim will be limited to the amount you paid for the Services in the past 12 months.

10. Indemnification

You agree to indemnify and hold FITZZ harmless from any claims, losses, or damages arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

11. Legal Compliance

You represent and warrant that your use of the Services complies with all applicable laws, regulations, and third-party agreements.

12. Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this agreement and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement as a third-party beneficiary thereof.

13. Dispute Resolution

Any disputes will be resolved through binding arbitration in accordance with applicable laws. By agreeing to these Terms, you waive the right to a jury trial or participation in a class action.

14. Governing Law

These Terms are governed by the laws of [Your Jurisdiction]. Any legal disputes must be brought in the courts located within [Your Jurisdiction].

15. Changes to Terms

FITZZ reserves the right to update these Terms periodically. Continued use of the Services constitutes acceptance of any changes.

16. Contact Us

If you have any questions or concerns about these Terms, contact us at:

Email: legal@fitzz.io