FitAim Terms of Service

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the FitAim application and associated services (the "App", "FitAim", "Services") operated by FitAim LLC. ("us", "we", or "our").

Please read these Terms and Conditions carefully before using any of our services.

Your access to and use of the Service is conditioned 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. If you disagree with any part of the terms then you may not access the Service.

Promotions

14-Days Free Trial Offer.

A 14-day free trial offer is available upon downloading and accessing the app. Valid for new customers only. All subscription options offer you the first 14 Days free, with unrestricted access to FitAim. Subscriptions are charged after the 14 Day the free trial has been completed and you sign up for a premium plan which will auto-renew at the end of each subscription period. You can cancel auto-renewal at any time. T&Cs apply.

Information provided on Website/App

All information provided by us on the Website/App is provided in good faith. We derive our information from sources that we believe to be accurate and up to date as of the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate, or complete, and (unless expressly stated) we make no guarantees of any specific result from the use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

Limitation of Liability

Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for

(1) death;

(2) physical or mental injury (including the aggravation, acceleration, or recurrence of such an injury);

(3) the contraction, aggravation, or acceleration of a disease; and

(4) the coming into existence, the aggravation, acceleration, or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct, or state of affairs:

(a) that is or may be harmful or disadvantageous to you or the community; or

(b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.

Definitions

For the purposes of these terms and conditions, the following definitions apply:

Affiliates mean any of our associated entities as that term is defined in the Corporations Act 2001;
The app means the FitAim App owned and operated by us allowing access to the Website from remote devices, e.g. mobile phones and tablets;
License means the license granted by us to you governing your use of the Website and the Services in accordance with these terms and conditions;
One gender includes any other gender;
Our, ourselves, us, we, refer to FitAim LLC trading as “FitAim” and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control, or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
Party refers to a party to these Terms and Conditions and it includes that party's successors, administrators, and assignors, and where a party consists of more than one person, then these Terms and Conditions bind them jointly and each of them severally;
Subscription means the subscription with FitAim entitling you to use the Website/App, the Program;
Terms and Conditions means these Terms and Conditions as amended from time to time;
Website means collectively the website FitAimapp.com, Program, products, and/or services offered or provided by FitAim including the FitAim App;
You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the Website and its contents.
Note in these Terms and Conditions, the single includes the plural and the plural includes the singular.

License

By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sub licensable License to personally access and use, for non-commercial purposes, the Website/App and the services offered on the Website/App (“Services”).

This License shall continue until terminated in accordance with this Agreement.

Your Agreement and Subscriptions

In accessing, registering, or using the Website/App including any and all webpages, the Program and/or the Services and products, information, text, and images offered or provided on the Website/App, you are deemed to have read and personally agreed to the Terms and Conditions.

We offer one (1) and twelve (12) month Subscriptions and one (1) week subscriptions. Payment for each Subscription is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.

We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.

Website/App Membership

You agree to provide accurate and truthful details about yourself for the purposes of your Subscription, for the Program, and/or inclusion in the Community and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.

Access to the information provided through the FitAim subscription is for your sole use only.

Any password or right given to you to obtain access to the "Clients only" email subscription and the contents or use of the email subscription, is not transferable to any third party.

We reserve the right, at our sole discretion, to terminate your access to the "Clients only" email subscription if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.

Third parties

We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.

The Website/App may also contain links to websites operated by third parties. Such links are provided for convenience only and FitAim has no liability in connection with your use of any such third-party website or any content posted or published on the third-party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.

Renewal & Termination

Your Subscription will automatically renew for the same term as your initial Subscription unless you cancel your Subscription via the billing platform your Subscription was purchased on.

If your Subscription was created as an In-App Purchase (via Apple App Store or Google Play Store) you must cancel your subscription via Apple Subscriptions or the Google Play Store. Please note a refund will not be issued upon cancellation. At the end of your paid Subscription period, we can then deactivate any account in your name, and your membership of the App and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you.

We can terminate your Licence, and Subscription at our sole discretion if we believe you have breached any of these Terms and Conditions and/or you have or are facilitating the unlawful activity of a third party in respect of the App. We are at liberty to take any other action necessary to enforce these Terms and Conditions.

Payments

In purchasing any Product or Service from the App ("the Purchase") you agree to:
(a) pay using a valid credit card (or another form of payment as we may allow);
(b) provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details, and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
(c) pay all costs, fees, charges, applicable taxes, and other charges as may be incurred in respect of the Purchase ("the costs").

All costs are in US Dollars unless otherwise indicated. You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.

Risk and Limitation of Liability

You will receive access to the Program upon payment from you.

We provide no estimate as to the time of delivery and you agree that time is not of the essence with respect to delivery.

Where we provide access to the online Program, and you claim that you have not received such access, then you must contact us via fitaimllc@gmail.com within 7 days of the date by which you purchased the Subscription for us to investigate your claim.

To the extent we supply any ‘recreational services’ or ‘recreational activities’ or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website, and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.

Our rights to modify services

You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website/App and/or the Terms and Conditions, as we see fit.

We will give you notice of any changes, for instance by:
(a) publishing them on our website or
(b) writing to the address (post or email) you last gave us.
(c) The most up-to-date terms and conditions always apply.

You agree that we may transfer, assign, license, or deal with our interest in the Website, copyright, or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days.