2. What information we collect
We may collect several types of information from guests participating in our App, including the following:
a. Name, email, country.
b. Analytical App usage information collected via statistics services. This data may include the App pages you view and other similar information about your behavior on our App.
We collect this information:
c. Directly from you when you provide it to us (e.g. when you contact us for any reason).
d. Automatically as you navigate through the App.
3. How we use your information
We use information that we collect about you or that you provide to us, including any personal information:
a. To provide the services you requested.
b. To notify you about changes to our App or any services we offer or provide though it.
c. To allow you to participate in interactive features of our App.
d. To carry out our obligations and enforce our rights.
e. In any other way we may describe when you provide the information.
4. Disclosure of your information
We may disclose personal information that we collect or you provide as described in this Policy:
a. To fulfill the purpose for which you provide it.
b. To contractors, service providers and other third parties we use to support our business.
c. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the App’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information about our App users is among the assets transferred.
d. We may disclose aggregated information about our users and information that does not identify any individual without restriction.
e. For any other purpose disclosed by us when you provide the information.
We may also disclose your personal information:
f. To comply with any court order, law or legal process, including to respond to any government or regulatory request.
g. To enforce or apply our Terms and Conditions https://fitminder.com/privacy.html
h. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the App, our customers or others.
5. Children’s privacy
We are committed to respecting the sensitive nature of children’s privacy online. Children under 13 years of age are not allowed to use our App. We do not knowingly collect personally identifiable information from anyone under the age of 13 and our service is not directed to children under 13. If we learn or have reason to suspect that any App user is under the age of 13, we will delete any personal information in that user’s account or use that information only to respond directly to that child (or a parent or legal guardian) to inform him or her that he or she cannot use our App.
6. Data security
Personal information you provide to us is stored on a password-protected server accessible only by administrator. We use SSL (Secure Sockets Layer) technology to keep your information secure. We adhere to generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, we cannot guarantee the security of your personal information transmitted to our App because any transmission of information over the Internet has its inherent risks. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App. You are responsible for keeping your login credentials, if any, confidential.
Terms and conditions
a. No Medical Advice. OUR APP IS A NEUTRAL PLATFORM THAT IS NOT A PARTY TO ANY USER ACTIVITIES. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONDUCT. The App content is not intended to be 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. Never disregard professional medical advice or delay in seeking it because of something you have read on our App.
b. No Warranties. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE. We do not guarantee that any content provided on the App is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the safety of your personal information, anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.
c. Limitation of Liability. IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY SITES LINKED TO IT, ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR MAXIMUM LIABILITY EXCEED THE FEES RECEIVED FROM YOU, IF ANY. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER ONE YEAR FROM THE DATE THE UNDERLYING CAUSE OF ACTION AROSE.
3. Intellectual Property
a. IP Ownership. We own all intellectual property rights to the App. App features, look and feel, design, registered and unregistered trademarks are protected by the U.S. and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
b. Use License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access the App solely for your personal, non-commercial use.
c. Takedown Requests. We respect the intellectual property rights of others and require our users to do the same. All claims of copyright infringement committed using our App will be investigated if reported to our designated Copyright Agent via email:[email protected] If we believe that any posted material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.
d. Indemnification. You agree to defend, indemnify and hold harmless us, our affiliates and licensors, officers, directors, employees, contractors, agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions or your use of the App, including, without limitation, any content submitted by you.
4. User Obligations
By accessing the App, you represent, warrant and agree that:
a. You are at least 13 years old or older.
b. You are solely responsible for the content you submit to or through the App. Your content will not infringe third party intellectual property rights, contain false, misleading or defamatory information.
c. You assume all risks and all costs associated with your use of the App, including, without limitation, any Internet access fees, third party data charges and back-up expenses.
d. We may contact you for reasons relating to your use of our App.
e. We may terminate any user account with or without notice using our sole reasonable discretion.
f. You will treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
g. You will treat all App users and administrators respectfully, online and offline.
h. We may withdraw or change our App in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the App is unavailable at any time or for any period to registered users or visitors.
i. We have the right to disable any user identification provided by our App and disable your whole account on our App at any time for any reason or no reason without notice or explanation.
5. Prohibited Conduct
You must not:
a. Submit false, inaccurate, misleading, fraudulent, defamatory, abusive, obscene, nude, partially nude, hateful, profane, offensive, threatening, harassing, racially offensive, or objectionable content. We reserve the right to have a final say in what constitutes “objectionable” content.
b. Use the App for any illegal purpose, upload, post, link to, copy or republish copyrighted material without permission from the rights holder.
c. Use the App to stalk, defame, bully, threaten or intimidate anyone.
d. Post any confidential or private information, such as credit card information, social security numbers, private phone numbers or private email addresses.
e. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
f. Impersonate any other person or entity.
g. Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication (spam) without our prior written consent.
h. Use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the App in a manner that sends more request messages to the servers than a human can reasonably produce in the same period by using a Web browser. Nevertheless, the operators of public search engines are permitted to use spiders to copy materials from the App for the sole purpose of creating publicly available searchable indices. We reserve the right to revoke this permission.
i. Access the App to build a competing service.
j. Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the App.
k. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App.
l. Otherwise attempt to interfere with the proper working of the App or anyone’s use and enjoyment of it.
6. Monitoring and Enforcement; Termination
We have the right to take any action that we deem necessary or appropriate if we believe that a user violates the Terms and Conditions, infringes any intellectual property right or other right, threatens the personal safety of users of the App and the public. We may:
a. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the App.
b. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
c. Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms and Conditions, maintenance work, system overload, security reasons, natural disasters and force majeure events.
d. Take appropriate legal action.
7. Linking to the App
a. You may link to our App in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
b. You must not establish a link from any website that is not owned by you.
c. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
8. Disputes Between Users
As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions. Therefore, you are solely responsible for your interactions and disputes with other users. We reserve the right, but have no obligation, to facilitate and resolve disputes between App users.
You may not assign your rights and obligations under these Terms and Conditions without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.
10. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the State of Latvia, without regard to its conflict of law principles that would result in application of any other law.
11. Severability and Non-Waiver
a. Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
b. Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
12. Modifications of these Terms
We update these Terms and Conditions every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the App following the posting of revised Terms and Conditions constitutes your acceptance of the changes.
13. Contact Us
Please direct your questions, comments, feedback, requests for technical support and other communications relating to the App to our customer service representative at [email protected].
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