End-User Licence Agreement - Terms and Conditions

PLEASE READ THESE END-USER LICENCE AGREEMENT TERMS CAREFULLY

BY CLICKING ON THE “CREATE ACCOUNT” BUTTON YOU AGREE TO THIS LICENCE AGREEMENT AND THESE TERMS WHICH WILL LEGALLY BIND YOU.

IF YOU DO NOT AGREE TO THIS LICENCE AGREEMENT AND THESE TERMS, PLEASE DELETE THE DOWNLOAD APP FROM YOUR DEVICE.

1. Who We Are And What This Licence Agreement Does

We, Fitii App Limited, a company registered in England under company number 11763604 of Springfield House, Springfield Road, Horsham, West Sussex RH12 2RG grant you a personal, non-exclusive, non-transferable, limited and revocable licence to:

  • install the Fitii App mobile application software, the data supplied with or accessed through the software, (App) and any updates or supplements to it and to use it; and
  • receive and use the related online documentation in connection with the App (Documentation),

subject to and as permitted in the terms of this Licence Agreement, which you agree as shown by your accepting it.

2. App Store Terms Also Apply

The ways in which you can use the App may also be controlled by the relevant App store from which you obtained the App (such as Apple, Google etc.) (App Store) and their rules and policies which you must read before you download the App. Those rules and policies will apply instead of these Agreement terms where there are differences between the two, as in that case whilst we grant to you this licence to use the App, your contract to pay for it is through the App Store (acting as our agent).

3. Your Privacy

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. These details are set out in our Privacy Policy.

Please be aware that internet transmissions are never entirely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that particular transmission is encrypted.

Additionally, when using the App and having access to it and our website at getfitii.com (Site), you will do so subject to the terms of our Acceptable Use provisions, the terms of which are set out below in paragraph 19.

Our Privacy Policy is provided to you and accepted by you and is accessible to you at the following link on the Site: Privacy Policy.

The ways in which you can use the App and Documentation may on occasion also be controlled by the App Store’s rules and policies and these will apply instead of these Agreement terms where there are any differences between the two.

If you have any questions concerning your privacy or otherwise about you App account and this Agreement Licence, please contact us through the Site.

4. Operating System Requirements

Please refer to the App Store listing for the minimum system requirements for the App.

5. Support For The App And How To Tell Us About Problems

  1. Support. If you want to learn more about the App or have any problems using it please take a look at our support resource sand contact details on the Site.
  2. Contacting us (including with complaints). If you think the App is faulty or mis-described, or if you think we are in breach of this Agreement, or if you wish to contact us for any other reason please contact our customer service team through the Site at support@getfitii.com.
  3. How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

6. How Your May Use The App, Including How Many Devices You May Use It On

In return for your agreeing to comply with these Agreement terms of this licence you may:

  1. download the App onto a compatible Apple or Android device and view, use and display the App only on such devices for your personal purposes only;
  2. use any Documentation to support your permitted use of the App; and
  3. receive and use any free supplementary software code or update of the App, including patches and corrections of errors as we may provide to you.

7. Age Restrictions

You must be over the minimum age under the applicable laws of where you are to purchase and take a grant of the licence through this Agreement and to use the App. If you are in the European region this means you must be at least 16 years old to purchase and take a licence under these Agreement terms and to use the App. We do not agree to licence the App to those under the ages described above, depending on where you are. If you are not of the required age to have authority to enter into this Agreement licence then your parent or guardian need to agree to our terms and take the licence in their name.

Where you download the App for use by a minor, or allow a minor to use the App, you will be fully responsible for ensuring that the minor understands these Agreement terms, acts in accordance with them and the licence and you shall be responsible and liable for any breach by them of these Agreement terms, as it will be as if you personally are in breach.

8. You May Not Transfer The App To Someone Else

We are giving you personally the right to use the App and its services as set out above. Whilst you may have sharing rights as set out above and will invite and join in with others in comparing your activities and performances with them in a shared manner under the App, you may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it. Those others with whom you compete using the App must themselves have obtained a licence such as this to use the App.

9. Changes To These Agreement Terms

Occasionally we may need to change the terms of our Agreement Licence to reflect changes in law or best practice or to deal with additional features which we introduce. If we do so, we will give you at least 30 days’ notice of any such change by notifying you of a change when you next start the App. Changes to our standard Agreement terms will also appear on the Site.

You are deemed to have accepted such changes by continuing to use the App. If you do not accept the notified changes then you need to cancel your licence and subscription by sending us an email to support@getfitii.com.

10. Refunds

Please note that if you buy or upgrade the licence from Apple or Google, they do have a limited refund under their terms. If you buy or upgrade the licence directly from our Site you will be sent an email which you click and accept to get you to a web browser where we or Paypal will take payment and if you originally take the licence then we can provide the refund directly if this is done within 14 days of the licencing of the App.

Details of the refunds we do offer are as follows:

  1. 14-day Money Back Guarantee if you do not use the App in such period and we receive the funds of your payment from the App Store. All new Agreement licences ( but please note, NOT renewals) are refundable if you want to cancel this Agreement and your licence within 14 days of initial payment or grant of it, whichever is the earlier, provided you email us within that period asking for an immediate consultation and refund; and
  2. on Auto-Renewals, there is no cancellation or refund possible after the Auto-Renewal. To cancel it, you must notify us by email to support@getfitii.com before the Auto-Renewal Date or cancel it through your online portal through the Site.

11. Term, Renewal And Upgrades

The initial term of this Agreement and the licence to you is the initial period you have chosen to pay for on the billings/upgrade page when you take the licence of the App. Information about your licence, the term of it, your billing history and other account details are available on the Site.

Your licence and these Agreement terms will automatically renew for the same period of time (Renewal Term) as you initially took it. If you do not want to renew, you must cancel before the end of your initial term or any Renewal Term otherwise you will be charged in accordance with our billing procedure - see “Billing” below. Details are shown in our Auto-Renew Information link on or at Auto Renew on the Site.

Monthly subscriptions will renew automatically each month until you cancel this Agreement licence and your account with us.

We will notify you concerning upgrades to the App, some of which will be free of charge and some of which may be an enhanced add-on for which we may charge, details of which will be notified. See clause 13 for more update information.

12. Billing

Where this Agreement licence is acquired by you through an App Store, that App Store will invoice you directly; and where you are acquiring or renewing the licence from the upgrade/billings page of the Site, we will invoice you directly.

You agree to pay the App Store or us directly during the licence term as applicable for the App duration you choose and the number of devices. This will be either monthly or annually being your chosen payment/billing period.

All our charges are subject, where applicable, to i) all local taxes due and ii) Value Added Tax in the United Kingdom.

13. Update To The App And Changes To The Service

From time to time we may automatically update the App in order to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We reserve the right to add features and/or remove features. Alternatively, we may ask you to update the App for such reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

14. If Someone Else Owns The Phone Or Device You Are Using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Agreement terms and this licence, whether or not you own the phone or other device.

15. Collecting Data About Your Device

By using the App you agree to us collecting and using technical information about the devices you use the App on and on related hardware, software and peripherals to improve the App, our products and to provide any services to you. As part of your taking the licence of the App, you are expressly consenting and agree to our use of your personal data in accordance with our Privacy Policy at - Privacy Policy.

16. Location Data And Turning If Off

Certain functionalities of the App may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the devices. If you do use location services, you agree and consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to improve our location based functionalities of the App. You can tell us at any time and stop us collecting you such data by turning off the location services settings.

17. We Are Not Responsible For Other Websites You Link To

The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and so therefore it is fair and reasonable that we are not responsible for and have not checked and approved their content or their privacy policies (if any). We are not liable to you in any way for your own choice of use of other websites and the consequences of doing that. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

18. Licence Restrictions

You agree that you will:

  1. except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or part of it in any form, in whole or in part to any person without prior written consent from us;
  2. not copy the App or Documentation except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App or its functionalities or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Agreement terms;
  4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do such things, except to the extent that (by virtue of sections 50B and 269A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to de-compile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression and purpose to the App; and
    • is kept secure; and
    • is used only for the Permitted Purpose; and
    • comply with all applicable technology or export laws and regulations that apply to the technology used or supported by the App.

19. Acceptable Use Restrictions

You must (and you agree you shall):

  1. not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously (for example, by hacking into or inserting malicious code such as viruses or harmful data) into the App or any operating system;
  2. not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material to the extent that such use is not licensed by these terms;
  3. not transmit any material (for example, text, images, video, audio, files, pdfs or external URLs) that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
  4. ensure that submissions you make are accurate and complete; and
  5. not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  6. not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running the App and any service.

You agree that you grant to us a general royalty-free licence of the material you send to us to enable us and other licensees to use in connection with the normal use and purpose of the App; and you understand and acknowledge that the content of the material you submit is not (and is not intended to by the general nature of the App) confidential and that, other than ‘personal data’ in relation to which we have data protection obligations and to which our Privacy Policy applies, we and others are not under an obligation to keep such content confidential.

If you are in breach of any of these Acceptable Use provisions set out then we are entitled to immediately and without notice terminate your licence of the App and end your usage of it.

20. Intellectual Property Rights

All intellectual property rights in the App and the Documentation throughout the world belong to us and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these terms.

21. Our Responsibility For Loss Or Damage Suffered By You

We are responsible to you for loss and damage caused by us that we and you can foresee at the date of the grant of this Licence Agreement to you. If we fail to comply with these terms, we are responsible for loss or damage that you suffer that is a foreseeable result of us breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or, at the time you accepted these terms, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.

We do not exclude or limit our liability to you where it would not be lawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or for fraud or fraudulent misrepresentation.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional, medical or specialist advice before taking or refraining from any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems.

The App has not been developed to meet your specific individual requirements. Please check (as it is your responsibility to do so and not ours) that the facilities and functions of the App as described on the Appstore site and the Documentation meets your requirements and what you want.

If our provision of the App or its support by us is delayed or prevented by an event outside our control, then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this then we will not be liable for such delays or preventions caused by the event. If there is a risk of substantial delay you may contact us to end your Agreement licence with.

22. We May End Your Rights To Use The App If You Break These Terms

We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App:

  • you must stop all activities authorised by these Agreement terms, including your use of the App;
  • you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
  • we may remotely access your devices and remove the App from them and cease providing you with access to the Services.

23. We May Transfer This Agreement Licence To Someone Else

We may transfer our rights and obligations under these Agreement terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

24. Your Need Our Consent To Transfer Your Rights To Someone Else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

25. No Rights For Third Parties

This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement (but please remember that you have a contract with the App Store as well and they may wish to enforce its provisions).

26. If A Court Finds Part Of This Agreement Illegal, The Rest Continues In Force

Each of the paragraphs in these Agreement terms operates separately. If any court of relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

27. Even If We Delay In Enforcing This Agreement We Can Still Enforce It Later

Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Agreement terms, or if we delay in taking steps against you in respect of your breaching this Agreement, that will not mean that you do not still have to do those things and it will not prevent us taking steps against you at a later date to which we are entitled.

28. Law Of This Agreement And Where Legal Proceedings Shall Be

These terms and this Agreement and all disputes concerning its performance are governed by English law and you agree that, subject to the following sentences, we may bring legal proceedings against each other only in the English courts and no other. If you live in Scotland you can bring legal proceedings in respect of the App or disputes between us in either the Scottish or English courts. If you live in Norther Ireland you can bring legal proceedings in respect of the App or disputes between us in either the Northern Irish or English courts.

29. Contact Us

To contact us, please send us an email describing your issue to support@getfitii.com or otherwise through our Site. Our registered office address is given at the start of these Agreement terms.