TERMS & CONDITIONS

IN/EXTERNAL LTD
Hotel de France, St Saviour’s Road, St Saviour, Jersey, UK, JE1 7XP
info@fitvoapp.com

Effective Date: November 10, 2017
Version: 1.0

This page represents a legal document and is the Terms and Conditions (Agreement) for our Mobile Application; hereinafter referred to as “FITVO app.” By using FITVO app you agree to fully comply with and be bound by the following Agreement each time you use FITVO app. Please review the following terms carefully.    

Definitions

The terms “us”, “we”, and “our” refer to IN/EXTERNAL LTD, the owner of FITVO app. A “User” is someone who has registered with us to use FITVO app.

All text, information, graphics, design, and data offered through FITVO app and Services, whether produced by our Users or by us, are collectively known as our “Content”. We distinguish content posted by our Users as “User Content”. 

Acceptance of Agreement

This Agreement is between you and IN/EXTERNAL LTD. 

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING FITVO APP CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THIS PAGE AND DO NOT PROCEED FURTHER. 

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and IN/EXTERNAL LTD and supersedes all other Agreements, representations, warranties, and understandings with respect to FITVO app, Services, and the subject matter contained herein. 

Privacy Policy

Our Privacy Policy is considered part of this Agreement and available in our Mobile App. You must review our Privacy Policy by clicking on this link. If you do not accept and agree to being bound by all of the terms of this Agreement, including our Privacy Policy, do not use FITVO app or our Services. 

Arbitration

Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to Website or FITVO app operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of The Arbitration (Jersey) Law 1998. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Jersey, Channel Islands, UK and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Jersey, Channel Islands, UK necessary to protect the rights or property of you and us pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.

Choice of Law and Jurisdiction

This Agreement will be treated as if it were executed and performed in Jersey, Channel Islands, UK, and will be governed by and construed in accordance with the laws of Jersey, Channel Islands, UK without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or FITVO app Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. 

Eligibility and Registration for Users

To use FITVO app and Services you must register to become a User. FITVO app and Services are intended solely for Users who are at least (16) years of age or older. Any registration by, use of, or access to FITVO app by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using FITVO app and/or Services you represent and warrant that you are (16) years of age or older and agree to abide by all the terms and conditions of this Agreement. IN/EXTERNAL LTD has sole right and discretion to determine whether to accept a User, and may reject a User’s registration with or without explanation.

Harassment by Other Users

If you believe that any User of FITVO app is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us.

Limited License

IN/EXTERNAL LTD grants you a nonexclusive, nontransferable, revocable license to access and use FITVO app and Services strictly in accordance with this Agreement. Your use of FITVO app and Services are solely for internal, personal, noncommercial purposes unless otherwise provided in this Agreement.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of FITVO app, Content, Services, and any software provided therein.

Our Intellectual Property

FITVO app may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of FITVO app or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of IN/EXTERNAL LTD. 

Our Content, as found within FITVO app and Services, is protected under the United Kingdom and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of FITVO app and Services does not grant you any ownership rights to our Content.

Content Disclaimer

Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on FITVO app. Users are responsible for their own content where applicable and may update their Content at any time without notice and at their sole discretion. 

Errors, Corrections, and Changes

We do not represent or otherwise warrant that FITVO app will be error-free, free of viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through FITVO app will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of FITVO app or Services at any time. 

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party products or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. 

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT.  WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITE OR ANY OTHER WEBSITE LINKED TO FITVO APP. 

All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant website. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer

IN/EXTERNAL LTD is not responsible or liable in any manner for any content posted in FITVO app or in connection with our Services, whether posted or caused by Users of FITVO app, or by IN/EXTERNAL LTD. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit, or share on FITVO app or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using FITVO app or Services. IN/EXTERNAL LTD is not responsible for the online or offline conduct of any User of FITVO app or Services.

FITVO app or Services may be temporarily unavailable from time to time for maintenance or other reasons. IN/EXTERNAL LTD 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.  

IN/EXTERNAL LTD is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Users or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with FITVO app or Services, including without limitation any software provided through FITVO app or Services. 

Under no circumstances will IN/EXTERNAL LTD be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of FITVO app or Services, or any interactions between Users of FITVO app or Services, whether online or offline. 

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH FITVO APP ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). FITVO APP AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

IN/EXTERNAL LTD, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF FITVO APP OR SERVICES. IN/EXTERNAL LTD CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF FITVO APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. IN/EXTERNAL LTD DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO FITVO APP, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. 

WITHOUT LIMITING THE FOREGOING YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH FITVO APP OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND IN/EXTERNAL LTD. 

FITVO APP AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH FITVO APP OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 

Limitation of Liability

IN/EXTERNAL LTD, as well as all our Affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from FITVO app or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of FITVO app or Services, (d) your use of FITVO app our Content, (e) the Content contained on FITVO app or Services, or (f) any delay or failure in performance of FITVO app and Services beyond our control. 

IN NO EVENT WILL IN/EXTERNAL LTD OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF FITVO APP, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM FITVO APP OR SERVICES, EVEN IF IN/EXTERNAL LTD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN/EXTERNAL LTD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR FITVO APP AND/OR SERVICES.

User Conduct

Users may post their content to FITVO app through our Services (User Content). Users understand that by using FITVO app or Service they may be exposed to content that is offensive, indecent, or objectionable. We have no control over User Content and do not in any way guarantee its quality, accuracy, or integrity. IN/EXTERNAL LTD is not responsible for the monitoring or filtering of any User Content. Should any User Content be found illegal, IN/EXTERNAL LTD will submit all necessary information to relevant authorities.

If any User Content is reported to IN/EXTERNAL LTD as being offensive or inappropriate, we may ask the User to retract or otherwise modify the questionable content within 24 hours of being notified by IN/EXTERNAL LTD. If the User fails to meet such request, IN/EXTERNAL LTD has full authority to restrict the User’s ability to post User Content.  

Without limiting the foregoing we have sole discretion to remove any User Content that violates this Agreement or is otherwise objectionable in our sole discretion. Users are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Users will respect copyright and trademark laws. 

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with The Copyright and Related Rights Regulations 2003 and other applicable law, we have adopted a policy of terminating Users who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

As a User you agree not to use our Services to do any of the following:

1. Upload, post, or otherwise transmit any User Content that:
   1. Violates any local or international laws
   2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
   3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
   4. Links directly or indirectly to any materials to which you do not have a right to link
   5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
   6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or extract information from FITVO app or Services
   7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
   8. In the sole judgment of IN/EXTERNAL LTD is objectionable or restricts or inhibits any other person from using or enjoying FITVO app or Services, or which may expose IN/EXTERNAL LTD, our affiliates, or our Users to any harm or liability of any type
2. Use our Content to:
   1. Develop a competing Mobile App
   2. Create compilations or derivative works as defined under United Kingdom copyright laws
   3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
3. Decompile, disassemble, or reverse engineer FITVO app, Services, and any related software 
4. Use FITVO app or Services in any manner that violates this Agreement or any local or international laws.

Ownership, Copyrights and Licenses

You will retain the copyrights to content you post or upload to FITVO App or Services. However, you agree to grant IN/EXTERNAL LTD a nonexclusive, irrevocable, royalty-free, worldwide license to use, edit, publicly display, advertise, reproduce and distribute such content for any purpose, including producing derivative works, or incorporating into other works. IN/EXTERNAL LTD will hold this license indefinitely. You also agree that you do not have any claim to any intellectual property or derivative work based on your content produced by IN/EXTERNAL LTD.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Links to Other Websites

FITVO app or Services may from time to time contain links to third-party websites. The inclusion of links to any website on FITVO app does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. IN/EXTERNAL LTD has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those websites to fully understand what information is collected and how it is used.

Refund and Return Policy

We have no refund policy.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, affiliates, assigns, third party suppliers of information, software, services, and documents, free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of FITVO app or our Services. 

Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on FITVO app. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of FITVO app after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of FITVO app.