Terms and Conditions

Last Updated: April 15, 2024

Welcome to FitJourney. These Terms and Conditions ('Terms') govern your access to and use of the FitJourney website, located at fitjourney.com (the 'Site'), and all content, services, and products available through the Site.

Please read these Terms carefully before using our Site. By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Site.

1. Account Registration

1.1. To access certain features of the Site, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself.

1.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

1.3. We reserve the right to suspend or terminate your account at our discretion, without notice, if we believe that you have violated these Terms or if your actions may cause harm to us, our Site, our users, or third parties.

2. Subscription and Payment Terms

2.1. Subscription Services. FitJourney offers various subscription-based fitness and nutrition plans ('Subscription Services'). By purchasing a subscription, you agree to pay the applicable fees as they become due.

2.2. Free Trials. We may offer free trials of our Subscription Services. Unless you cancel before the end of the trial period, you will be automatically charged the applicable subscription fee when the trial period ends.

2.3. Recurring Billing. When you purchase a subscription, you authorize us to charge the payment method provided on a recurring basis until you cancel your subscription. You acknowledge that the amount charged may vary due to promotional offers, changes in your subscription plan, or changes in applicable taxes, and you authorize us to charge your payment method for such varying amounts.

2.4. Cancellation. You may cancel your subscription at any time by logging into your account settings or contacting us at support@fitjourney.com. If you cancel, you may continue to access the Subscription Services until the end of your current billing period, but you will not receive a refund for any fees already paid.

2.5. Price Changes. We reserve the right to adjust pricing for our Subscription Services at any time. If we change the pricing for your subscription, we will provide notice of the change. Your continued use of the Subscription Services after the price change becomes effective constitutes your agreement to pay the updated price.

2.6. Taxes. All fees and charges are exclusive of any applicable taxes, which will be charged to your payment method along with the subscription fee.

3. Content and Intellectual Property

3.1. Site Content. All content on the Site, including text, graphics, logos, images, videos, software, and other material ('Content'), is owned by or licensed to FitJourney and is protected by copyright, trademark, and other intellectual property laws.

3.2. License to Use. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Content for your personal, non-commercial purposes.

3.3. Restrictions. You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content from the Site
• Use the Site or Content for any commercial purpose
• Attempt to decompile, reverse engineer, or disassemble any software contained on the Site
• Remove any copyright, trademark, or other proprietary notices from the Content
• Transfer the Content to another person or 'mirror' the Content on any other server

3.4. User Content. You may be able to submit content to the Site, such as profile information, comments, reviews, photos, and videos ('User Content'). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

3.5. User Content Representations. You represent and warrant that:

• You own or have the necessary rights to the User Content you submit
• The User Content does not infringe upon the intellectual property rights of any third party
• The User Content does not violate any applicable laws or regulations
• The User Content is not defamatory, obscene, or otherwise objectionable

4. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Site for any illegal purpose or in violation of any local, state, national, or international law
• Harassing, threatening, or intimidating other users
• Impersonating another person or entity, or falsely stating or misrepresenting your affiliation with a person or entity
• Interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available
• Attempting to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site
• Using any automated means (such as bots, scrapers, or spiders) to access or use the Site
• Introducing viruses, worms, Trojan horses, or other harmful code to the Site
• Collecting or harvesting any information from the Site, including user account information
• Bypassing or circumventing measures designed to prevent or limit access to any part of the Site

5. Disclaimer of Warranties

5.1. THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

5.2. FITJOURNEY DOES NOT WARRANT THAT (A) THE SITE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.

5.3. HEALTH AND FITNESS DISCLAIMER. THE INFORMATION PROVIDED ON THE SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS, AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR BEFORE BEGINNING ANY DIET OR EXERCISE PROGRAM.

6. Limitation of Liability

6.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FITJOURNEY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY CONTENT OBTAINED FROM THE SITE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

6.2. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATED TO THE SITE EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US DURING THE THREE-MONTH PERIOD PRIOR TO THE CLAIM.

7. Indemnification

You agree to defend, indemnify, and hold harmless FitJourney, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Site; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.

8. Third-Party Links and Content

8.1. The Site may contain links to third-party websites or services that are not owned or controlled by FitJourney. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

8.2. You acknowledge and agree that FitJourney shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8.3. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Termination

9.1. We may terminate or suspend your access to the Site and your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

9.2. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site or contact us to request account deletion.

9.3. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Changes to Terms

10.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on the Site and updating the 'Last Updated' date at the top of these Terms.

10.2. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Site.

11. Governing Law and Dispute Resolution

11.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

11.2. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.

11.3. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

12. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FitJourney regarding your use of the Site and supersede all prior and contemporaneous written or oral agreements between you and FitJourney.

14. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

16. Contact Information