These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with all of the FITIV (FITIV Pulse, FITIV Run, FITIV Ride, etc) mobile applications (the "Service") operated by MotiFIT Fitness Inc. ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our FITIV (FITIV Pulse, FITIV Run, FITIV Ride, etc) mobile applications (the "Service").
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
All data provided by the Service are provided for informational purposes only. This data may not be construed as medical advice or opinion. The information provided by the Service should not be used as a substitute for the advice or diagnosis of a medical professional. MotiFIT Fitness Inc. assumes no responsibility for the accuracy of the data contained within or made avaiable by the Service. Please consult with your physician before starting any new dietary or exercise regimen. Never disregard professional medical advice or delay seeking it because of information provided by or contained within the Service.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or MotiFIT Fitness Inc. cancels it.
Our subscription will automatically renew at the end of each term and your credit card will be charged through your iTunes account. You can turn off auto-renew at any time from your iTunes account settings but refunds will not be provided for any unused portion of the term.
A valid payment method, including credit card, is required through iTunes to process the payment for your Subscription.
MotiFIT Fitness Inc. may also offer a LIFETIME PRO membership payable as a one time fee.
MotiFIT Fitness Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
At any time and without notice,MotiFIT Fitness Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
MotiFIT Fitness Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policy, which also may not provide for refunds.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and all contents, including but not limited to text, images, graphics or code are the property of MotiFIT Fitness Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of MotiFIT Fitness Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by MotiFIT Fitness Inc.
MotiFIT Fitness Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that MotiFIT Fitness Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
The FITIV Community is a place to connect with athletes worldwide.
FITIV users aged 12 and under are prohibited from creating a Community account and participating in FITIV Community activities.
We aim to create a safe, friendly and motivating environment for our users. Our users have every right to feel safe and supported as they use the FITIV Community. As such, we expect our users to adhere to our Community Standards. By using the FTIV Community you agree to not engage in any activity in the Community that:
- is threatening, bullying, lewd, obscene or sexually suggestive.
- violates any other person’s right to privacy including contacting FITIV Community users outside of the FITIV Community.
- constitutes spam; including the posting of irrelevant content, links to external websites, or repetitive posting.
- is an advertisement or promotion for an external product or service.
- requests the personal information of any other user.
- is disrespectful toward any other person inside or outside of the FITIV Community; including slurs, hate speech and attacks on either individuals or groups.
- Promotes or encourages activities that do not support a safe environment for all users
- Violates any local, state, provincial, federal or international laws.
How you can help:
- Lead by example – post encouraging, helpful, supportive content. Create the motivational environment within the Community that you would like to see.
- Report violations – use the in-app reporting tool to let us know about any violations of these Standards within the FITIV Community.
- Communicate in-app – do not seek out Community members on any other social media platforms without express consent from said user.
- Respect one another – only encourage safe practices within the app and avoid encouraging self-destructive behaviours including overtraining.
- Respect differences – keep the Community encouraging for athletes of all ages, abilities and lifestyles. Do not insult or demean the accomplishments or fitness routines of other users.
FITIV reserves the right to take action any time the previously outlined Community Standards are violated. Consequences vary according to the type of infringement and the user’s history of previous Community Standards violations. FITIV reserves the right to delete offending content, remove users from Community groups, ban users from the Community section of the FITIV app, or report users to authorities if necessary. We ask that our users adhere to these Standards to keep the FITIV Community as fun, friendly, and safe as possible.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach 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. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless MotiFIT Fitness Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
MotiFIT Fitness Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
MotiFIT Fitness Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
MotiFIT Fitness Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and MotiFIT Fitness Inc. chooses not to immediately act, or chooses not to act at all, MotiFIT Fitness Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. MotiFIT Fitness Inc. does not waive any of its rights. MotiFIT Fitness Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of New Brunswick and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.