Terms and Conditions

1. Introduction

 

1.1 Agreement to the terms

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      Welcome to FitMe, a nutrition app provided by SC Virtual Architecture SRL. These terms and conditions of use ("Terms") apply to and govern your use of our website and mobile app (hereinafter referred to as the "App") and are designed to create a positive and law-abiding community of our users. By using FitMe, you agree to all of the terms and conditions below.

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1.2 Acceptance of conditions

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      FitMe, operated by SC Virtual Arhitecture SRL (hereinafter referred to as "FitMe", "we" or "us"), offers a variety of content and services through the FitMe website and app (collectively referred to as the "Services").

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1.3 Changes to the terms

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THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A COLLECTIVE ACTION WAIVER IN SECTION 14. THIS PROVISION AFFECTS YOUR RIGHTS TO SETTLE DISPUTES WITH FITME AND YOU SHOULD CONSIDER IT CAREFULLY. CHOOSING TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (WHETHER OR NOT YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR CONSENT TO THESE TERMS AND TO OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THE TERMS. IF YOU DO NOT AGREE TO ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.

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      Please note that the summaries in the shaded boxes at the top of most sections are provided to facilitate understanding of the terms. In the event of a conflict between any summary and any section of the terms, the terms shall prevail.

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1.4 Contact information

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      Please feel free to contact us through our support team if you have any questions or suggestions regarding FitMe.

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2. Use of services and your account

 

2.1 Eligibility to use the services

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      You must be at least the age of majority (18 or 21 as applicable) to access and use FitMe (unless otherwise specified in the international terms section applicable in certain jurisdictions). No person over the age of majority may use FitMe, provide us with personal data (as defined in the Privacy policy), or submit personal data through FitMe (e.g., a name, address, phone number, or email address).

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2.2 Your FitMe account

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      To access certain FitMe features, you may be asked to create a FitMe account. It is important that you keep accurate and up-to-date account information, especially your email address. Your account may also give you access to new features and services provided by FitMe.

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      When registering for a FitMe account, you must provide accurate and complete information as prompted in the account creation process and keep this information up to date. Otherwise, some FitMe features may not function properly and we may not be able to send you important notifications.

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      You are responsible for maintaining the confidentiality of your account credentials and must notify our support team immediately of any loss, theft or unauthorized use of your account or account password. We are not liable for any loss resulting from unauthorized use of your account.

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      If you are a resident of the European Union: You have the right to delete your account with us by contacting our support team. If you choose to permanently delete your account, any non-public personal data associated with your account will also be deleted.

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2.3 Updates, changes and limitations of the service

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      FitMe is subject to frequent updates and changes to improve functionality and user experience. By using FitMe, you agree to receive updates and acknowledge that certain features may not function properly if updates are not installed.

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      We may provide updates (including automatic updates) to FitMe as deemed necessary, which may include updates, changes, bug fixes, patches and new features (collectively referred to as the "Updates"). You acknowledge that FitMe may not function properly if updates are not permitted and you agree to automatic updates. The terms (and any changes) apply to all updates. We reserve the right to modify, suspend or discontinue any or all FitMe features at any time without notice or liability.

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2.4 Monitoring and suspension of services

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      We reserve the right to refuse service to anyone and may monitor, terminate or suspend your account or access to FitMe at any time.

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      We may monitor accounts and activities related to FitMe, as well as access to other users' data and profiles. We may deactivate, terminate or suspend your account or access to FitMe if we determine, in our sole discretion, that you violate these terms, pose a risk to FitMe or its users, or in response to legal requests or technical issues.

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2.5 Security

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      If you believe your FitMe account has been compromised, please notify us immediately.

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      While we strive to protect the security of your data, user-generated content and account, we cannot guarantee that unauthorized third parties will not have access to it. Please report any suspected breaches or unauthorized access to our support team immediately.

 

3. Ownership and use of content

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3.1. Definitions

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      Content within FitMe includes various forms of information, data and creative expression. It includes, but is not limited to, video, audio, photos, images, text, recipes, workout data and other similar information. User-generated content refers to any user-created content, while FitMe content encompasses all other content provided by FitMe.

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3.2 Ownership

 

      You remain the owner of the user-generated content you create, and FitMe remains the owner of the FitMe content.

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      The FitMe content, including all related intellectual property rights, belongs to SC Virtual Arhitecture SRL and/or its partners or applicable third parties. Each user retains ownership of the user-generated content that they create but grants FitMe a license to use that content as described in section 2.5 below. Except as expressly permitted in these terms, you are not granted any right or license to use FitMe content without our written permission.

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3.3 Your license

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      You are granted a limited, revocable, personal, non-transferable, non-exclusive right and license to access and use the FitMe content and services for your personal, non-commercial purposes. This license is subject to your compliance with these terms.

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3.4 Acceptable use guidelines

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3.4.1 FitMe content

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      You agree not to modify, sell, distribute or create derivative works based on the FitMe content without express permission. You may not download, copy or save FitMe content unless expressly permitted or for your personal use.

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3.4.2 Commercial use of services

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      FitMe services are intended for personal, non-commercial use. You may not use the FitMe services for commercial purposes without prior consent. Certain commercial tools may be available for commercial use, subject to separate terms and conditions.

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3.4.3 Link with FitMe

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      If you choose to link to FitMe on your website or app, you must follow the specified guidelines provided by us.

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3.5 Your FitMe license

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      By providing user-generated content to FitMe, you grant FitMe and its users a non-exclusive, irrevocable, royalty-free license to use, reproduce, publish and distribute that content in connection with the FitMe services. FitMe reserves the right to monitor, remove or edit user-generated content as necessary.

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3.6 Sharing of personal data

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      You must obtain permission before sharing another person's data with FitMe. If you choose to refer friends to FitMe, you must provide authorized contact information and indemnify FitMe for any violation of this requirement.

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3.7 Content retention

 

      Upon termination of your account or deletion of user-generated content, FitMe may retain such content for backup, archival or legal purposes. FitMe and its users may continue to use, store and distribute user-generated content even after you stop using the FitMe services.

 

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4. Community guidelines

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4.1 Interactive areas

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      FitMe can include community features where users can interact and share content. While we may monitor these features, you are ultimately responsible for your interactions. Please show common sense and treat others with respect.

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      Some FitMe features, such as forums or discussion pages, allow users to post and interact with each other ("interactive areas"). You are solely responsible for the content you post in these areas, including its accuracy and completeness. Because interactive areas are often public, you understand that your content may be visible to others. Please avoid posting personal data in the interactive areas.

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      We reserve the right to monitor the characteristics of our community, but we are under no obligation to do so. You are responsible for your interactions with other users, both online and offline. FitMe disclaims liability for any loss or damage resulting from your interactions with other users or persons found through the services.

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4.2 Community guidelines

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      FitMe aims to foster a safe and supportive community. Users are expected to abide by our community guidelines when posting content or using the services. Violations may result in termination of access.

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      No inappropriate content: Users must refrain from posting harmful, harassing or offensive content. This includes avoiding derogatory comments based on sex, gender, age or other characteristics. Respectful disagreement is encouraged, but personal attacks will not be tolerated.

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      No interruptions or abuse: Users should stay on topic in discussions and avoid hijacking discussions or inciting conflict. Posting content that promotes unsafe practices, such as extreme dieting or self-harm, is strictly prohibited.

No harm to minors: Users must not use the services in a way that harms minors or violates their rights.

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      No illegal or fraudulent activity: Users must not engage in illegal or fraudulent activity through the services, including spamming or sending unsolicited messages.

Respect intellectual property: Users must respect the intellectual property rights of others and refrain from posting copyrighted material without permission.

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      No impersonation: Users must not impersonate others or misrepresent their identity on FitMe.

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      Report unacceptable content: Users are encouraged to report any objectionable content they encounter on the FitMe platform. While we strive to maintain a safe environment, we rely on user reports to identify and address violations of our community rules.

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4.3 Reporting content that can be challenged

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      If you encounter content that violates the community rules, please report it to our support team. While we strive to keep FitMe safe and secure, we cannot guarantee that all users will follow the guidelines at all times. Your support helps us maintain a positive community environment.

 

 

5. Intellectual property rights and DMCA compliance

 

5.1 Intellectual Property Rights

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      FitMe respects the intellectual property rights of others and expects its users to do the same. If you believe that any content on FitMe infringes your copyright or trademark, please contact us immediately at FitMeLegal@gmail.com.

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5.2 DMCA notice

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      If you believe that user-generated content or FitMe content infringes your copyright or trademark under EU or other national laws, please notify us immediately using the contact information provided below. It is our policy to investigate any allegation of infringement brought to our attention. When submitting an infringement notice, please include the following information:

• Identification of copyrighted or trademarked material that is infringed.

• Identification of infringing material, including its location on FitMe.

• Contact information for the notifying party, including name, address, telephone number and e-mail address.

• A statement that the notifying party believes in good faith that the material is not authorized by the owner, the owner's agent, or the law.

• A statement made under penalty of perjury that the information provided in the notice is correct and that the notifying party is authorized to file the complaint on behalf of the owner.

• A physical or electronic signature of a person authorized to act on behalf of the owner of the material alleged to have been infringed.

 

Your notice must be signed (physically or electronically) and addressed as follows:

SC Virtual Arhitecture SRL

35 Prunului Street

Brasov, RO 500024

Care of: DMCA requests

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      Please note that failure to comply with all requirements may result in the invalidation of your notice. Certain information provided in an infringement notice may be shared with the user who posted the allegedly infringing content. Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be liable. For more information about preparing or responding to a DMCA notice, visit Copyright.gov or USPTO.gov for trademark rights.

 

6. Third-party links, services and products

 

6.1 Third-party services

 

      Our services may provide links to, interact with, or be available in third-party services or products, such as third-party social media platforms and devices. If you choose to access such third-party services or products, please be aware that different terms and privacy policies may apply to your use.

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6.2 Social networking and login

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      You may have the option to activate or sign in to our services using various third-party online services such as Google and other social media platforms such as Facebook ("Social networking services"). By using these features, you may be required to sign in or register for social networking services on those platforms. In doing so, the social networking services may grant us access to certain information you have provided to them, subject to our privacy policy. Please note that the use, storage and disclosure of your information by third-party services is governed solely by their policies, and we assume no responsibility for their privacy practices or actions. In addition, we are not responsible for the accuracy or reliability of information, content, goods or services provided by third-party services.

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6.3 Third-party applications

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      Certain third-party applications may be accessible through our services, offering links, content, services, promotions or events. If you choose to use these third-party applications, you do so at your risk. We disclaim any responsibility for the accuracy, availability or reliability of any information or content provided by third-party applications.

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6.4 Third-party products

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      Our services may be compatible with third-party devices or products ("third-party products"), and certain features may require the use of such products (e.g., fitness trackers). Although we may recommend or endorse products from certain partners, we do not guarantee the functionality or error-free operation of third-party products. We take no responsibility for your purchase or use of third-party products, including those offered by our partners.

 

 

7. Mobile services

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7.1 Wireless operators and devices considerations

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      To use our mobile application ("app"), you will need a compatible device. While we strive to make the app available on various platforms, we cannot guarantee compatibility with every device. Please note that standard data, messaging and other charges imposed by your mobile operator may apply.

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7.2 Mobile application license

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      Upon downloading the application from a legitimate marketplace, you are granted a limited, personal, non-exclusive, non-transferable and revocable license to use the application in object code format for lawful purposes. Any open-source or third-party code incorporated into the application is subject to that license.

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7.3 Application stores

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      If you download the app from a third-party app store ("application provider"), you acknowledge and agree that:

• The terms of use are between you and us, not the application provider.

• The application provider is not responsible for providing maintenance or support services for the application.

• Any warranty claims relating to the application are solely between you and us, not the application provider.

• The application provider is not responsible for resolving any complaints about the application or your use of it.

• In the case of intellectual property infringement claims, we are responsible for investigating, defending, settling and acquitting.

• The application provider and its affiliates are third-party beneficiaries of your application license terms.

• You must comply with all applicable third-party terms and conditions of service when using the application.

 

      Please keep these considerations in mind when using the app and don't hesitate to contact customer support if you encounter any problems or have any questions.

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8. Paid services

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      If you opt for our enhanced, paid services, such as Premium subscriptions, the following payment and billing conditions apply. Paid services are automatically renewable if not cancelled, and cancellation is possible at any time.

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8.1 Payment conditions

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      Our services, in the form of monthly or annual subscriptions, offer access to content, features and functionality for a fee. By using these services, you agree to our terms and additional terms and conditions provided here. When you sign up for our services, in the form of monthly or annual subscriptions, you authorize us to collect applicable fees from your preferred payment method.

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      You can choose monthly or annual payment options, with fees billed in advance and automatic renewal until cancelled. All purchases are final and non-refundable, except as we allow at our discretion and in accordance with the rules of the respective premium service.

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8.2 Termination or cancellation of subscription services

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      Failure to pay fees may result in termination of access to the subscription services. You may cancel at any time, with cancellation effective at the end of the current billing cycle. No refunds are offered for terminated or cancelled services.

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8.3 Changes in fees

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      We reserve the right to change prices for Premium services with reasonable notice. You may cancel before price changes take effect if you do not wish to proceed.

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8.4 Discount codes, coupons or gifts

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      Specific conditions apply to discount codes, coupons or gift codes, including limitations on use and expiry dates. These codes cannot be redeemed for cash and may be subject to additional restrictions.

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8.5 Free trials

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      Free trials give access to Premium services for a limited period. If you do not cancel before the trial period ends, you will be automatically billed. Be sure to cancel if you do not wish to continue as a paying user. We may change or terminate free trials at our discretion.

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      Please review and understand these terms before subscribing to our Premium services.

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9. Fitness, wellness and dietary guidelines

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      Our priority is your health and safety as you pursue your fitness and wellness goals. However, please exercise caution and make informed decisions when using our services. We provide information for educational purposes only and cannot be held responsible for any injuries or health problems that may occur. Here's what you need to know:

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9.1 Safety first

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      Before engaging in any fitness or wellness activity or dietary change suggested through our services, consult with your healthcare provider to assess the associated risks. By using our services, you confirm that you have obtained your physician's consent and acknowledge the risks involved. Participation in these activities is voluntary and you assume all associated risks.

 

9.2 Disclaimer on accuracy and reliance on content

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      We do not guarantee the accuracy, reliability or completeness of any content available through our services, including user-generated content. User-generated content, in particular nutritional information, must be independently verified. We do not endorse and are not responsible for the accuracy of such information.

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9.3 Not medical advice

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      Our services do not provide medical advice or diagnosis. Consult a healthcare professional before starting any diet or fitness program. If you have underlying medical conditions or are undergoing medical treatment, seek advice from your physician before using our services. Plans offered through our services are not a substitute for medical advice or treatment.

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9.4 Success stories are not typical

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      The success stories shared on our platform may not represent typical results. We do not guarantee the accuracy or effectiveness of fitness or dietary recommendations provided through user success stories.

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9.5 Accuracy

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      Our activity tracking services provide data on physical movement and sleep, but this data may not be entirely accurate. By using these services, you acknowledge that we are not liable for any inaccuracies in the data.

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If you are a resident of New Jersey or the Netherlands:

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      Our liability for loss or damage caused by our fraud, negligence, gross negligence or willful misconduct is not limited or excluded by these terms.

Please review and understand these terms before using our fitness and wellness guide services.

 

10. Changes in conditions

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      To keep pace with the growth and improvement of our services, we may need to update these terms. Here's how we handle changes:

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10.1 Updates to these terms

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We reserve the right to modify these terms by:

• Posting revised terms on or through the services.

• Providing advance notice of material changes to the terms, usually by email or notices on our website or in our app.

 

 Changes will not apply retroactively unless required by law. From time to time, we may require you to review and explicitly accept or reject a revised version of the terms. In such cases:

• The changes will take effect when you agree to the amended terms.

• If you do not agree, you are not permitted to use the services.

 

      If we do not seek your explicit consent to a modified version of the terms, the changes will take effect as specified in the terms. By continuing to use the services after the effective date of the changes, you accept the updated terms. If you do not agree to the changes, you should discontinue using the services.

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      Please stay informed of any changes to the terms as your continued use of our services implies your acceptance of the updated terms and conditions.

 

11. Disclaimer of warranties

 

      FitMe, operated by SC Virtual Arhitecture SRL, hereby disclaims all warranties, representations and guarantees of any kind, whether oral or written, express, implied, statutory or otherwise, to the fullest extent permitted by law, except where prohibited by law. FitMe provides the services and all content on an "as is" and "as available" basis, with all faults. We do not warrant the quality, accuracy, timeliness, truthfulness, completeness, availability or reliability of the services or any content. In addition, FitMe does not warrant that:

i. The services will meet your requirements or provide specific results,

ii. The operation of the services will be uninterrupted, free from viruses or bugs or other harmful elements, or

iii. Errors will be corrected.

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      Any oral or written advice given by our agents or us does not and will not create any warranty. Further, FitMe makes no representations or warranties of any kind concerning any content; user-generated content, in particular, is provided by and is the sole responsibility of the users providing that content. No advice or information, whether oral or written, obtained from other users or through the services will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that your use of the services is at your risk and that the entire risk as to quality, performance, accuracy and satisfactory effort rests with you.

 

12. Limitation of liability

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      FitMe, operated by SC Virtual Arhitecture SRL, strives to provide the best possible services; however, we cannot guarantee perfection. Therefore, to the fullest extent permitted by applicable law, neither FitMe, its affiliates, partners, nor mobile operators will be liable to you or any third party for:

a) any indirect, incidental, special, reliance, exemplary, punitive or consequential damages of any kind;

b) loss of profit, income, data, use, goodwill or other intangible losses;

c) damages related to access, use or inability to access or use the services;

d) damages related to any conduct or content of any third party or user of the services, including, without limitation, defamatory, offensive or illegal conduct or content; and/or

e) damages in any way related to any third-party content or third-party products accessed or used through the services.

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      This limitation applies to all claims, whether based on warranty, contract, tort or any other legal theory, whether or not FitMe has been advised of the possibility of such damages, and, in addition, if it is found that a remedy provided herein has not achieved its essential purpose. To the maximum extent permitted by applicable law, FitMe's total liability for any claim under these terms, including any implied warranties, is limited to five hundred dollars ($500.00) or the amount you paid to us for use of the applicable service(s) during the preceding twelve months.

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      In particular, to the extent permitted by applicable law, we are not liable for any claims arising from:

a) your use of the services;

b) the use, disclosure, display or maintenance of a user’s data;

c) any other interactions with us or any other users of the services, even if we have been advised of the possibility of such damage; or

d) other content, information, services or goods received through or advertised on the services or received through any links provided with the services.

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      You acknowledge and agree that FitMe provides the services and prices the services based on the warranty disclaimers, disclaimers and limitations of liability outlined in the terms. These warranty disclaimers, disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between you and us and form an essential basis of the understanding between you and us. FitMe would not be able to provide the services to you on an economically reasonable basis without these warranty disclaimers, disclaimers and limitations of liability.

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      If you are a California resident: You waive your rights under section 1542 of the California Civil Code, which provides that "a general waiver does not extend to claims which the creditor does not know or suspect to exist in his/her favour at the time he/she executes the waiver, which, if known by him/her, would materially affect his/her settlement with the debtor."

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      If you are a resident of New Jersey: Notwithstanding anything to the contrary herein, nothing in these terms limits or excludes our liability for loss or damage caused by fraud, negligence, gross negligence or willful misconduct of FitMe.

 

 

13. Compensation

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      To the fullest extent permitted by applicable law, you agree to indemnify and hold FitMe, its affiliates and partners harmless from any claim or demand, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of:

a) the user-generated content that you access or share through the services;

b) your use of the services;

c) your activities concerning the services;

d) your connection to the services;

e) your breach of these terms;

f) your use or misuse of any user’s data;

g) any infringement of the rights of any other person or entity by you; or

h) your use of the services to meet in person with another user.

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      We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us under the terms, and you agree to cooperate with our defence of such claims.

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14. Applicable law

 

      The law applicable to any dispute arising in connection with the conclusion, performance and completion of the services offered is Romanian law and the relevant European rules. The applicable law in the matter of disputes is that offered by the Romanian procedural law, supplemented by the competent courts of VIRTUAL ARHITECTURE SRL (FitMe) if the parties do not reach an amicable settlement.

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15. Survival

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      If our relationship or these terms terminates, it will not limit any of our other rights or remedies, and any provision of these terms that must survive to give effect to the intent and purpose of these terms will survive termination, including, without limitation, Sections 2 (Ownership and use of content), 8 (Fitness, wellness and dietary guidelines), 10 (No warranties), 11 (Limitation of liability), 12 (Compensation), 14 (Litigation and arbitration, jurisdiction and venue) and 17 (Survival).

 

16. Miscellaneous

 

      You agree that no joint venture, partnership, employment or agency relationship exists between you and FitMe as a result of the terms or your use of the services. The terms constitute the entire agreement between you and FitMe concerning your use of the services.

 

      Our failure to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the terms to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in such provision, and the other provisions of the terms remain in full force and effect.

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      You may not assign, delegate or otherwise transfer your account or your obligations under these terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these terms and we shall have the right to delegate or use third-party contractors to perform our duties and obligations under these terms and in connection with the services.

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      Our notification by email, mail or notices or links posted in connection with the services constitutes acceptable notice to you under the terms. We are not responsible for your failure to receive notice if the email is quarantined by your email security system (e.g., "junk" or "spam" folder) or if you do not update your email address. The notification will be considered received forty-eight hours after it is sent if sent by e-mail or regular mail. If the notification is sent via links displayed in connection with the services, then it will be deemed received twenty-four hours after it was first posted.

 

17. Contact us

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      If you have any feedback, questions or comments regarding the services, please contact our support team by email or mail at:

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FitMe, Virtual Arhitecture SRL.
35 Prunului Street, apartment 25
Brasov, RO 500024

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      Please include "Attn: FitMe terms and conditions of use" in the subject line. Please be sure to include in any email or mailing your full name, email address, mailing address and any message you wish to send.

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      This document belongs entirely to SC Virtual Arhitecture SRL ("FitMe"), and any unauthorized copying or distribution is prohibited.