Last Updated: 2020-02-22
Fitnexe Limited ("we", "us" or "our") provide the online service https://fitnexe.com (the "Service"). By using our Service you, whether personally or on behalf of an entitiy ("you"), agree to all the terms in these Terms of Service ("Terms", "Terms of Service"). These Terms apply to all visitors, users and others who access or use the Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, PLEASE DO NOT USE THE SERVICE.
We reserve the right to modify or replace these Terms at any time. If a revision is deemed by us to materially impact your continued use of the Service we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material revision or change will be determined at our sole discretion. It is your responsibility to periodically review these Terms of Service to be informed of updates and revisions. Your continued use of the Service will be deemed as acceptance of any revised Terms.
The Service is our property and all source code, software, databases, applications, text, video and images on the Service (collectively, the "Content"), are owned, controlled or licensed to us. We may develop custom functionality for you at our discretion and allow you access to it. Such access does not constitute ownership and the functionality remains part of the Service owned by us. The Content provided as part of the Service “AS IS” for your information and proprietory use only. Except as stated in these Terms, these Terms do not grant you or us any rights, implied or otherwise, to any of the other party's content, technology, or intellectual property. You own all Intellectual Property Rights to your data, and we own all Intellectual Property Rights to the Service. No part of the Service and no Content may be copied, reproduced, publicly or distributed, without our express prior written permission, unless expressly stated in these Terms.
Provided that you are eligible to use the Service, we grant you a limited license to access and use the Service. We reserve all rights not expressly granted to you in and to the Service and the Content.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"), monthly in arrears ("Billing Period"). You shall be invoiced at the end of each Billing Period for services used within the Billing Period or part Billing Period. It is your responsibility to make payment to ensure continued access to the Service. The final invoice period will be calculated at the end of the Billing Period but we may provide indicative charges during the Billing Period. Prices for services are fixed at time of subscription but third-party charges may be subject to a currency exchange which will be the closing rate at the end of the Billing Period. Invoices will be denominated in the currency of your chosing at the time you commence use of our Service.
We accept payment by bank transfer and online payment.
You agree to pay all invoices at the prices then in effect for your subscriptions, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each payment, until you notify us of your cancellation.
You may only use the Service for purposes for which we make the Service available. The Service may not be used for any commercial undertaking except those that are expressly approved by us.
As a user of the Service, you agree not to:
You may cancel your account with our services, by emailing us at support@fitnexe.com. Any cancellation will take effect at the end of the Billing Period in which the cancellation is agreed.
Our Privacy Policy is available at: https://fitnexe.com/terms/privacy.html. You agree to be bound by our Privacy Policy by using our Service. We host your account on our Service in a geographic region of your chosing and endeavour to only store your data in that geographic region. Since we use third-party hosting we shall not be held liable to misrepresentation of the location of your data which is not in our direct control. Your data will be accessible in worldwide locations outside of your chosen geographic region for at rest data. While we do not intentionally store data in transit, we waive all responsibility for data held temporarily outside of your chosen geographic region. Some parts of our Service and network are hosted in the United States.
We will maintain certain data that you transmit to the Service or we gather on your behalf from third parties. Unless expressly intended as public by you, we consider this data to be private. Private data will only be accessible by you or users of the Service as permitted by you or your agents. We may from time to time use your data intended as public or anonymous or aggregated data in additional services owned by us or our affiliates. These additional services may or may not be offered to you for free or for a fee.
We perform regular routine backups of data but you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability for any loss or corruption of any data held as part of our Service.
We reserve the right to make modifications to the Service at any time at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
We cannot guarantee the Service will be available at all times. We will from time to time need to perform essential maintenance work related to the Service resulting in interruption or downtime. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. No part of these Terms of Service implied or otherwise, obligates us to maintain and support the Service.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, but not limited to, any breach of the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease.
We reserve the right to terminate temporary accounts on our Service at any time, whether these accounts were created by us or you.
Accounts containing misleading, false or inappropriate information will be suspended until further notice.
These Terms of Service and your use of the Service are governed by the laws of the United Kingdom.
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICE. IN NO EVENT WILL WE BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless us, our directors, employees and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to:
For all queries about the Service or these Terms, please contact us at support@fitnexe.com.