Terms of use

Welcome to Fitwyse!

By accessing or using the Fitwyse: Fitness, Home Workout application, website, and related services (collectively, the “Services”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to all of the Terms, you may not access or use the Services.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Services. You may not use the Services if you are located in a jurisdiction where access or use of the Services is prohibited by law.

2. Account Creation

To access certain features of the Services, you may be required to create an account. You agree to provide accurate and complete information when creating your account and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. Fitwyse will not be liable for any loss or damage arising from your failure to comply with this provision.

3. Content

The Services and all content contained therein, including text, graphics, images, logos, audio, video, and software (collectively, the “Content”), are the property of Fitwyse or its licensors and are protected by copyright and other intellectual property laws. You may not use the Content for any purpose that is not expressly permitted by these Terms.

4. User Conduct

You agree to use the Services by these Terms and all applicable laws and regulations. You agree not to use the Services for any purpose that is unlawful or harmful, including, but not limited to:

• Uploading, posting, or transmitting any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Infringing on the intellectual property rights of others.
• Transmitting any unsolicited or unauthorized advertising or promotional materials.
• Attempting to disable, interfere with, or reverse engineer the Services.
• Using the Services to harm or exploit children.

5. Modifications

Fitwyse reserves the right, in its sole discretion, to modify or discontinue the Services, or any part thereof, at any time without notice. Fitwyse will not be liable for any loss or damage arising from any modification or discontinuation of the Services.

6. Termination

Fitwyse may, in its sole discretion, terminate your access to the Services, for any reason or no reason, at any time without notice. Upon termination, your right to use the Services will cease immediately.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FITWYSE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

8. Limitation of Liability

IN NO EVENT SHALL FITWYSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF FITWYSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification

You agree to indemnify, defend, and hold harmless Fitwyse, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to your use of the Services or your violation of these Terms.

10. Governing Law

These Terms shall be governed by and construed by the laws of the State of North Rhine-Westphalia, without regard to its conflict of laws principles.

11. Entire Agreement

These Terms constitute the entire agreement between you and Fitwyse concerning the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

13. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

14. Contact Us

If you have any questions about these Terms, please contact us at support@fit-wyse.com