These Terms become legally binding between the Parties (You and Fited) when You accept them. These Terms do not constitute a written agreement between the Parties, Fited does not keep records of the individual agreement concluded with You.
The Application is licensed – not sold – to You, for use only under these Terms. Fited reserves all rights not expressly granted to You.
The Terms of this agreement are subject to change by Fited in its sole discretion at any time. When changes are made, Fited will make it available on its website and/or within the Application.
You may use the Application for free with limited features (free version) or subscribe to one of our paid versions to unlock all features of the Application. Find out the differences between the free and paid versions on our Pricing Page: https://Fited.co/pricing. We detail the capabilities of the Application on the feature page: https://fited.co/features
These Terms apply whether Fited offers free or paid version to You.
1. License: This license granted to You for the Application by Fited is limited to a non-transferable, non-exclusive license and revocable right to use the Application on any Devices (defined at section 6.) that You own or control and as permitted by these Terms and the Usage Rules (as defined in section 4.). This license does not allow You to use the Application on any Devices that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application.
You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of Fited and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Fited that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You must comply with applicable third party terms of agreement when using the Application.
2. Your account: When creating an account on our website or within the Application, you will provide to us true, accurate, current, and complete information. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. You are responsible for any activity that occurs in your account.
3. Hardware; Passwords: You are responsible for obtaining and maintaining all of the hardware, software, Internet access, and other products and services that you may need to use the Service. You are responsible for protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other login information (collectively, “Passwords”) that are provided to you or that are generated in connection with your use of the Application. You are the only person to whom the license extends, and you therefore are not permitted to allow any other person to use your Passwords to access the Application. You are fully and solely responsible for all activities that occur on the Application under your Passwords.
4. Subscriptions: The Application is currently available in a freemium model and offers free functionalities along with paid functionalities in an automatically renewed subscription form. We offer a variety of subscription levels and pricing options, which can be reviewed by You at https://www.Fited.co/pricing. Subscription features and prices are subject to change. The subscription fees listed will be billed at the beginning of your subscription and subsequently at the renewal date, dependent on the subscription option selected at initial purchase.
The license period renews after the paid subscription period expires and each renewal date thereafter if You do not cancel the renewal as described in section 5.
5. Termination: The license is effective until this Agreement is terminated by You or Fited by cancelling your subscription. You may cancel your subscription by emailing Fited at firstname.lastname@example.org
Fited may only cancel your subscription without prior notification during the license period if You commit a material breach to these Terms (e.g. You fail to pay the license fee as determined by these Terms, You violate the rights to the Application of Fited or third parties’ intellectual property rights) simultaneously informing you of the cancellation.
Fited will request you in case of non-material breach to comply with these Terms, and may cancel your subscription if you fail to follow instructions.
You may request a refund of the subscription fee if You cancel your subscription and terminate this Agreement in 14 days from the start of the first or renewed license period.
If your subscription is cancelled during the remainder of a paid license period you will not have the right to request refund, and in case of a monthly paid yearly license, you will have to pay the subscription fee for the whole license period on a monthly basis.
7. System Requirements: We’re not liable or responsible for any defects or non-compatibilities between the Application and your device, and we do not represent that the Application will work to any particular degree of functionality or efficiency with any particular device.
9. Support: We offer support through our support channels. You can ask us (about our subscriptions, features and any relevant topic) using our forum available on our website (https://Fited.co) or write us at team@Fited.co. We will usually get back to you within 14 business days.
10. Disclaimer of warranty: You expressly acknowledge and agree that use of the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. To the maximum extent permitted by applicable law, the license application and any services performed or provided by the Application are provided “as is” and “as available”. Fited hereby disclaims all warranties and conditions with respect to the Application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Fited does not warrant against interference with your enjoyment of the Application, that the functions contained in, or services performed or provided by, the Application will meet your requirements, that the operation of the Application or services will be uninterrupted or error-free, or that effects in the Application or services will be corrected. No oral or written information or advice given by Fited or its authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, therefore, You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change.
11. Limitation of Liability: To the extent not prohibited by law, in no event shall Fited be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Fited has been advised of the possibility of such damages.
12. Indemnification: You agree to indemnify, defend, and hold harmless Fited, its affiliates, employees, agents, partners, representatives, and licensors from and against all losses, expenses, damages, and costs, due to, arising out of, or relating in any way to (i) any violation of these Terms (including negligent or wrongful conduct) by you, (ii) your access to or use of the Application, or (iii) information provided by you. You agree to fully cooperate at your expense as reasonably required by Us. We may assume the defense and control of any matter for which we are indemnified hereunder. You shall not settle any matter involving Us without our consent.
13. Intellectual property: The content, any materials downloaded, and all intellectual property pertaining to or contained on the Application (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by us or third parties who have granted us the rights to use them. All rights, title, and interest in these remain the property of Fited and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws.
14. Your legal compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
15. Governing Law: The laws of U.S, excluding its conflicts of law rules, govern this license and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Any Dispute, controversy or claim arising out of or relating to these Terms will be referred to and finally determined by the courts selected by Fited.
16. Contact: You may contact us at the following address: team@Fited.co
This document was last updated on January 1st, 2020