USER CONTRACT

This User Contract (“Contract”) is executed by and between the User downloading the Fitwell application (“Application”) and Fitwell Limited (“the Company”) registered at the address Northcliffe House, 4th Floor Young Street, London, United Kingdom, W8 5EH and regulates the terms of use and the rights and responsibilities of the Parties.

By downloading and or using the Application, the User shall be deemed as having accepted the Terms and Conditions of this contract.

Rights and Responsibilities of the Company

The Company shall provide to the Users who download the Application with advisory information regarding nutrition and sports. The information and content to be provided by the Company shall have an advisory and informative nature, where the Company shall not be held responsible for the use of the application, the scope of the content or the use of the recommendations it provides pertaining to nutrition and sports issues.

The Company shall not be responsible for any interruption or breakdown in the Application occurring due to third parties, force majeure, suppliers, connection problems, internet outage, etc.

The Application is for private and personal use only and you may not create an account if you are a company or if you are acting on behalf of a client, customer, company or employer without Fitwell’s express written permission. If the Company determines that the Application has been used outside of its intended purposes, the Company may cease, suspend or permanently terminate the membership of the aforementioned User(s).

The purchasing activities conducted within the Application shall immediately be sent to the mobile device of the User. The User may be asked to connect to the Internet over Wi-Fi to access the App Store or Google Play applications.

Depending on the type of mobile device and use of App Store or Google Play Store, General Terms and Conditions of the App Store or Google Play Store shall apply and the User is responsible for reading and complying with those Terms when using the Application.

The prices offered pertaining to in-application purchasing shall be valid at the moment of submission. However, these prices may change thereafter without reference to the User and no previous course of transactions shall imply a price for future transactions.

FitWell requires some personal information (name, age, dietary preferences, interests, height, weight, email etc) in order to provide a high-quality service. The information stored in the FitWell servers and computers can be used for FitWell initiatives such as human subject research, periodical campaigns and special customer-specific promotions – as well as for customer classification processes that help avoid unwanted emails and our use of this data is set out in our Privacy Policy

FitWell integrates with the Apple Health App and coordinates with Apple Health and Google Fit platforms. FitWell does not share any personal information or User data with third parties for any advertising or commercial purposes without User’s consent.

Nothing in this User Contract shall limit Fitwell’s liability for:

●     Fraud,

●     Negligence

●     Personal injury or

●     Death.

Rights and Responsibilities of the User

The User is responsible for filling in the requested personal information completely and accurately, and updating the aforementioned information if necessary. Submission of incomplete and inaccurate personal information is the User’s responsibility. By using the Application, the User represents and warrants on each use that such personal information is accurate and up to date and bears all responsibility for the accuracy of that information.

The User commits that they are at least 13 years of age. In case the User is under 13 years of age, they may not under any circumstances or for any reason use the Application. Those Users aged 13 years or above but below 18 years of age shall be considered as having received the explicit consent of their parents or legal guardians to use the Application and their parents enter into the Contract on their behalf.

The User declares and accepts that the contents, videos, exercises and information related to all nutrition and sports programs prepared by the Application are for informative purposes only, and that the use of the aforementioned programs is solely under the User’s responsibility.

This Application have been prepared assuming that the User is in normal health and medical condition, thus the content is not customized to the User. Before using the Application, the User must consult a doctor or physician in relation to any medical problems he or she may have. The User should stop using the Application immediately if the User feels any illness or other effects, whether relating to the use of the Application or not. It is advised that the User should not practice these programs if there is any possibility of severe medical condition developing or being exacerbated. If the User has any questions about their health, they should always consult a physician or other healthcare professional.

The Application’s advice is created by taking into consideration the research and scientific data compiled by the World Health Organization for individuals with similar profiles and via a special algorithm (software) that has been developed.

FitWell does not provide any diagnosis or treatment for medical conditions.

The User declares and accepts that none of the programs can take the place of any diet or exercise prescribed by a doctor and that practicing any and all nutrition and sports programs within the programs is at the User’s sole discretion and responsibility. The Company shall not be liable in any way, as related to the program selected and practiced by the User to the fullest extent permitted by law. It is strongly recommended that the Users apply the programs with care and in using the Application, the User agrees to exercise reasonable judgment, care and skill.

The User may at any time request the deletion of personal information kept by the Company. The Company may always send the User notifications. Both during the term of the contract and after its termination, the User is deemed to have given approval for all commercial electronic messages with marketing and advertisement purposes to be sent by the Company, its affiliates or third-party business partners, and accepts that without prior authorization he or she may be sent messages with information, marketing and/or commercial purposes via other means of communication such as automatic calling systems, facsimile, electronic mail or short message. The User may transmit his or her request to exit this system to the Company via e-mail to support@fitwell.co. The User’s data may be anonymized and separately analyzed, and may become subject to research and be used for both the User’s sake and/or for scientific and statistical studies.

The User’s data shall be kept for a period of one year as of the deletion of the application for the purpose of facilitating the re-subscription of the User.

FitWell asks for User’s consent, or in the case of minors, their parent or guardian’s consent for health-related human subject research.

FitWell analyses and interprets visitor behaviors and preferences as customers use the Application. This purely statistical information, which does not include any personal information, may be shared with FitWell partners to provide a customized experience for the benefit of FitWell Users.

To the extent permitted by law, FitWell may disclose User information when required by law or court order, or by government or law enforcement authorities or regulatory agencies.

The information provided by the User can only be changed following a request by that User.

Right of withdrawal

A consumer is any natural person who concludes a legal transaction for purposes that are not attributable to either their commercial or their independent professional occupation. The following right of withdrawal is only applicable to consumers.

The User have the right to withdraw from the Application any time since the Application is uploaded by the User over the Internet and can be deleted from the mobile device instantly.

Fitwell may terminate the license to use the Application granted by these terms at any time at its sole discretion, whether the User has breached these terms or not.
Fitwell makes no guarantee as to the availability of the Application, although Fitwell uses its reasonable endeavours to ensure that the Application is available.

The General Terms and Conditions of App Store or Google Play Store shall be applied to the right to withdraw from the in-application purchases conducted accordingly. The Company reserves the right to charge or not refund the payments for any purchased services by the User.

Payments

The Application is free of charge; separate approval shall be obtained for the sales prices, including all taxes, for in-application purchasing. The User hereby declares and accepts that the Company may unilaterally alter the Application price, in-application prices, campaigns and packages at any time, and that the User shall regularly check the update and application information related to the alterations. For the cash paid memberships; the User accepts that such memberships shall not be cancelled and there shall not be refunds for the campaign memberships. The User also accepts that the cash paid campaign memberships shall be valid until the date of expiration.

Paid Services: Certain services of the Company may be subject to payments now or in the future (the “Paid Services”). Any payment terms presented to the User in the process of using or signing up for a Paid Service are deemed part of this Agreement.

Billing: The Company uses a third-party payment processor (the “Payment Processor”) to bill Users through a payment account (“Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. The Company is not responsible for any error by the Payment Processor. By choosing to use Paid Services, the User agrees to pay the Company, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms that are set out alongside the Paid Service in the Application or on the Website, and authorizes the Company, through the Payment Processor, to charge the User’s chosen payment provider (“Payment Method”). The User agrees to make payment using that selected Payment Method each billing cycle of the Paid Service. The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Payment Method: The terms of the User’s payment will be based on their Payment Method and may be determined by agreements between them and the financial institution, credit card issuer or other provider of their chosen Payment Method. In case the Company, through the Payment Processor, does not receive payment from the User, the User agrees to pay all amounts due on their Billing Account upon the first demand.

Recurring Billing: Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by the User. By choosing a recurring payment plan, the User acknowledges that such Services have an initial and recurring payment feature and accepts responsibility for all recurring charges prior to cancellation. The Company may submit periodic charges (e.g., monthly) without further authorization from the User, until the User provides prior notice (receipt of which is confirmed by the Company) that they have terminated this authorization or wish to change their payment method. Such notice will not affect charges submitted before the Company reasonably could act. To terminate this authorization or change payment method, go to Apple Store or Play Store subscription page depending on the purchase.

Current Information Required. The User must provide current, complete and accurate information for their billing account. They must promptly update all information to keep their billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and they must promptly notify the Company or its payment processor if their payment method is canceled (e.g., for loss or theft) or if they become aware of a potential breach of security, such as the unauthorized disclosure or use of their user name or password. Changes to such information can be made at Apple Store or Play Store security page depending on your purchase if the User fails to provide any of the aforementioned information, they agree that the Company may continue charging them for any use of paid services under their billing account unless the User has terminated their paid services as set forth above.

Change in Amount Authorized: If the amount to be charged to the User’s Billing Account varies from the amount preauthorized by them (other than due to the imposition or change in the amount of state sales taxes), the User has the right to receive, and the Company shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement the User has with their payment provider will govern their use of their Payment Method. The User agrees that the Company may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Reaffirmation of Authorization: The User’s non-termination or continued use of a Paid Service reaffirms that the Company is authorized to charge the User’s Payment Method for that Paid Service. The Company may submit those charges for payment and the User will be responsible for such charges. This does not waive the Company’s right to seek payment directly from the User. The User’s charges may be payable in advance, in arrears, per usage, or as otherwise described when they initially selected to use the Paid Service.

Free Trials and Other Promotions: Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. The User must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If the User cancels prior to the end of the trial period and is inadvertently charged for a Paid Service, they should contact the Company at support@fitwell.co.

Users must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Application or its security measures, any servers, other equipment or networks connected to the Application or on which it is stored or any software used in the provision of the Application, including in each case by transmitting worms, computer, viruses, malware, logic bombs, Trojan horses, denial of service attacks, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (“Viruses”).

Users may not inject content or code or otherwise alter or interfere with the way any part of the Application is rendered or displayed on a User’s browser or device.

You must not access the Application via a means not authorised by Fitwell, including but not limited to automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technology which are used by search engines with Fitwell’s express consent).

Users agree not to change, modify, adapt or alter the Application or change, modify adapt or alter any other website so as to inaccurately imply an association with Fitwell or the Application.

Licenses

Fitwell expressly reserves all rights in and to the Application and your use of the Application is subject to the following restrictions. You must not:

●     remove any copyright or other proprietary notices contained in the Application or any content stored in it;

●     use any Application content in any way that may infringe the rights of Fitwell’s rights or the rights of any third party;

●     reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Application or any content contained within it in any way, including for any commercial purpose, without Fitwell’s prior written consent.

The User accepts and declares that by submitting user content through the services he or she shall grant the Company a worldwide, perpetual, unlimited and fully paid license to use such information.

Through the services, the User may purchase certain goods or additional features or Applications designed to enhance the performance of the services.

Any kind of dispute occurring or arising from this Contract shall be settled in accordance with English Law.