By using the StayFit website (stayfit.today), StayFit mobile applications and all other services of StayFit („The Service Provider“), collectively known as „the Service“, you agree to the legal terms set forth by the following terms and conditions (“Terms of Service”).
The Service Provider reserves the right to modify the Terms of Service from time to time without prior notice, effective upon posting an updated version of this Terms of Service on stayfit.today.
You are responsible for regularly reviewing this Terms of Service. Continued use of the Service after any such modifications to the Terms of Service shall constitute your consent to such modifications.
1. Account Terms
- You warrant that you are a human, and not a computer service or automated “bot”.
- You warrant that you have provided accurate and valid information requested during the registration process.
- You warrant that you will use the Service only for lawful purposes.
- You are responsible for all of your activity in connection with the Service
- You are prohibited from violating, or attempting to violate, the security of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Service Provider.
- You understand that the Service Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, otherwise harms a third party, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity,contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
- You warrant that you shall not create a deceitful website to imply association with the Service Provider or the Service.
- You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
- Notice to parents and guardians: Users are responsible for monitoring and supervising their child’s use of the Services. If your child is using the Services and is under age 16, please contact us immediately so that we can disable his or her access. If you have questions about the Services, please contact us at email@example.com.
2. Use of the Service
- The Service provides users with guidance and information on how to improve their fitness, health and nutrition, but the Service is not a medical organization, and you should not rely on this guidance and information as a substitute for, professional medical advice, diagnosis, or treatment.
- The Service Provider cannot guarantee that any results in the form of physical or health transformation, weight loss or fitness results or improvements shall arise from using of the Service or the associated products, whether provided by the Service Provider or third parties associated to the Service.
- You should consult a physician before beginning a new fitness or nutritional program. Our recommended workout plans and exercises, even if they are tailored to individual users, should not be misconstrued as medical advice, diagnoses or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. The use of any information or programs provided on the service is solely at your own risk.
The Services are intended for use only by individuals healthy enough to perform strenuous exercise. In becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services, OR that all of the following statements are true:
If applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating, or (B) your physician has specifically approved your use of the Services.
- no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
you have never felt chest pain when engaging in physical activity;
you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician is not currently prescribing drugs for your blood pressure or heart condition;
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;
- you do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and
- you do not know of any other reason you should not exercise.
- You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
- You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Services, you acknowledge and agree that your performance of any and all exercises or activities recommended by the Services is wholly at your own risk. Neither the Service Provider nor any of its trainers and employees will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.
- The Service Provider is not responsible for the accuracy, availability or usefulness of any information provided on the web site and application by the Service Provider, third parties or other users of Service during the use of the Service.
3. Children’s privacy
You must be at least 13 years of age to use our Services and provide us with any of your personal information. Madbarz does not intentionally collect or process any personal information from children under 13 years of age.
In the event that we discover that a child under 13 has provided us with personal information without prior permission or parental consent, we will delete that information.
If you believe that your child has provided us with personal information, please contact us at firstname.lastname@example.org.
4. Copyright Terms
- You acknowledge that the Service is licensed to you and that the Service Provider retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agree not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without the Service Provider’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party.
- The Service Provider claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you retains its original ownership.
5. Data & Privacy
As a part of the Service, the Service Provider allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Service remains your sole responsibility and you retain all rights in it.
6. Pricing and Refunds
- We aim to display clear pricing information for all of our goods and services. The prices are excluding VAT and may, therefore, be subject to change based on your location.
- Please check the respective pricing and refund policies for products and subscriptions
6.1. Auto-renewable subscription
The Premium subscriptions are offered as in-app purchases. They can be activated and paid for in the respective app stores. The prices for in-app purchases in the respective app stores are subject to change based on your location. The subscriptions are auto-renewable. After your free trial, and at confirmation of purchase, payment will be charged to your app store account. Subscription automatically renews, unless auto-renew is canceled at least 24 hours before the end of the current subscription period. The account will be charged within 24 hours prior to the expiration of the current subscription period. You can turn off auto-renew and manage your subscriptions using the settings in the respective app store.Your account won’t be deleted if you cancel your subscription. Any unused portion of the free trial period, if offered, will be forfeited upon purchase of a subscription. All subscription charges are non-refundable.
If not noted otherwise, all discounts on subscriptions are applicable only to first payment.
As we are based in Ukraine, all financial transactions are governed by Ukrainian law and its consumer protection statutes. The prices are excluding VAT. The pricing may be subject to change based on your location. If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange the product for another one, be it similar or not. Products can be returned for up to 30 days from the date you purchased it. Please keep the receipt you received.
The Service Provider is not responsible for any incorrect or inaccurate content posted on the Site or Service. The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. The Service Provider assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Service Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service.
The Service is offered “as is” and the Service Provider does not guarantee that any specific results will come from using the Service. The Service Provider is not liable to you or any third party for any direct or indirect damage or lost profit that can come from your usage of the Service, even when the Service Provider has been notified of the possibility of such damage.