FitHero - Terms of Service

Effective: 23rd of September 2021

FitHero ("Application", "App", "Service" or "Services") is licensed to You ("You", "User", "Users) by the company Ferran Negre Pizarro ("Licensor") registered in Poland with tax identification number (NIP) 8992801663, and statistical number (REGON) 365777059.

By downloading the Application from the Apple App Store or the Google Play Store, and any update after (as permitted by this agreement), You indicate that You agree to be bound by all of these terms and conditions of this Terms of Service, and that You accept this Terms of Service.

I THE APPLICATION

FitHero is a piece of software created to track your workouts. A Workout refers to a training session that often involves physical activity. The Application also offers instructions, videos and images on how to perform physical activity exercises.

II SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Application.

2.2 You may not share or make the Application available to third parties, sell rent, lend lease or otherwise redistribute the Application (except with Ferran's Negre Pizarro's prior written consent).

2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derivative the source code for the Application, or any part thereof (except with Ferran's Negre Pizarro's prior written consent).

2.4 You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.5 You are allowed to acquire a Premium subscription as stated in Section 6 only using the options provided by the Application.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages and your license shall be terminated as stated in Section 9 of this agreement.

2.7. Licensor reserves the right to modify the terms and conditions of licensing at any time without notice.

III HEALTH & MEDICAL DISCLAIMER

Any advice found in the Application or in the FitHero website of any kind such as how to perform an exercise involving or not physical activity is for information purpose only. Nothing written inside the Application is medical advice. Nothing in the Application is meant to diagnose, treat, prevent or cure any disease or injury.

You expressly agree that any activity performed or tracked using FitHero carry inherent risks of injury or death and You assume all known and unknown risks associated with any activity even if caused in whole or part by the action, inaction or negligence of FitHero or others, including other FitHero users.

FitHero shall not be held liable for any damages, indirect or direct, related to or resulting from any use of the services, including injury or death.

By using this Service we recommend that You consult with your doctor before performing any physical activity, and You consult a professional in how to perform any exercise that involves physical activity before performing such physical activity.

IV USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information. Use of such material information is subject to Licensor's privacy policy: https://fithero.app/privacy-policy.

V USER CONTENT

The Applications allows You to share and write content ("Content"). You are responsible for the Content You create using the Application, including is legality.

The Content created by You is yours and You have the right to use it, and You grant the Licensor the rights and licenses to display, use, modify and distribute such Content. You are responsible that your Content does not violate the privacy policy of the Application as well as copyrights or any other rights of any person or any other service.

VI SUBSCRIPTIONS AND IN-APP PURCHASES

The Premium model of the app is a service that unlocks various features of the Application.

You can choose between yearly or monthly subscription or a one-time purchase with a limited or not-limited period of time. The one-time purchase period of time is determined by the Licensor and can be changed for further promotions or other events without previous notice.

Monthly and yearly subscriptions will automatically renew unless is turned off at least 24 hours before the end of Your current period. Subscriptions renew at the original price. You can cancel auto-renew subscriptions at any time and still be using the Premium offer of the Application till the end of your current period.

Premium subscriptions and one-time purchases are bound to one Apple or Google account and are not transferable.

Auto-renewal may be turned off after a purchase. Consult Apple or Google sites on how to cancel an auto-renewal subscription.

VII INTELLECTUAL PROPERTY

The Service and its original content will remain the exclusive property of Ferran Negre Pizarro. This license agreement is governed by the laws of Poland excluding its conflicts of law rules.

Any data or graphics (such as the FitHero logo) included in the Service are exclusive property of Ferran Negre Pizarro with the exception of third-parties content.

VIII LIABILITY

Licensor takes no accountability or responsibility for any damages cause due to a breach of duties according to Section 2 of this Agreement.

Licensor accepts no liability for any loss, direct or indirect, including without limitation, loss of profits, data, use or other intangible losses as a result of relying wholly on this functionality of the Application. To avoid data loss, You are required to make use of backup functions of the Application.

IX TERMINATION

The license is valid until terminated by Ferran Negre Pizarro or by You. Your rights under this license will terminate immediately and without notice if You fail to adhere to any term(s) of this license. You shall stop all use of the Service, and destroy all copies, full or partial.

X DISCLAIMER

9.1 The Licensor reserves the right at the Licensor sole discretion to modify or change any part of the agreement without prior notice. The Licensor shall update the effective date of this agreement everytime a change or modification is introduced.

9.2 Your use of the Service is at your sole risk. The Service is provided on an "as is" basis. The Licensor do not warrant that the Service will function uninterrupted, secure or available at any particular time or location. The Licensor do not warrant that the app meet your expectations.

9.3 The Application availability is subject to the Apple App Store and the Google Play Store availability.

9.4 The Licensor may wish to stop providing the Service, and may terminate the use of it at any time without giving notice of termination to You. You shall stop all use of the Service, and destroy all copies, full or partial.

XI CONTACT INFORMATION

7.1 If You have any questions regarding our Terms of Service, feel free to contact us at fnp.fithero@gmail.com.