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Effective as of: July 14, 2023
Last updated: July 14, 2023
Fitcoin, Inc. develops projects, software, and services designed to engage you on your fitness journey, motivate you to work hard, and recognize you for your efforts. These Terms of Service (“Terms”) apply to your access and use of the Services. The “Services” includes our applications, software, websites, APIs, products, and any other services Fitcoin, Inc. provides.
By using the Fitcoin, Inc. website, mobile app, or any of Fitcoin, Inc. other products and/or services, then you are agreeing to these Terms with Fitcoin, Inc., 3217 N. Verdugo Rd. #4, Glendale, CA 91208 U.S.A. When the Terms mention “Fitcoin,” “we,” “us,” or “our,” they refer to the counterparty to your agreement that provides you with the Service. You must accept these Terms to create a Fitcoin account and to access or use the Services.
If you do not have an account, you accept these Terms by using any part of the Services. If you do not accept these terms, do not create an account or use the Services.
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Services unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Services.
You may only connect to the Services using a device that has been approved by Fitcoin. Please see Section 4 of these Terms for a list of approved devices. You may not connect to the Services with any device not on the below list, or that We have not previously authorized, or that purports to be an approved device, or any other unauthorized device. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Services. If you have questions about whether a product or application will be allowed to connect to the Services, please contact us at email@example.com.
Similarly, you may connect any cryptocurrency wallet that is already interoperable with WalletConnect, a third party service over which We have no control. Please see Section 16 of these Terms for more information on Third Party Services.
Full use of the Services requires that you use an account created on the Fitcoin website. Fitcoin accepts login services provided by other platforms, including, but not limited to, Google LLC, Meta Platforms, Inc., and Apple Inc. We do not maintain accounts hosted by other platforms, and to the greatest extent possible, disclaim any responsibility for fees, costs, liability, or other issues relating to the continuous and secure operation of accounts hosted by other platforms. If you intend to use accounts hosted by platforms other than Ours, you should carefully review the terms and conditions and other policies of those platforms to understand their operations.
You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us at firstname.lastname@example.org if you discover or suspect any security breach related to the Services or your account.
Full use of the Services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges.
Please check with your Internet provider for information on possible Internet data usage charges.Further, the Services require that you connect a suitable device to Our system. For a list of supported third party devices that Our Services can use, see here. The maintenance and security of these devices may influence the performance of the Services and it is your responsibility to ensure their functionality and connection. You are responsible for all Internet access charges, maintenance fees, or operating costs associated with your devices. Please contact us at email@example.com if you are not sure whether your device is presently supported or may become supported in the future.
We may ultimately enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via the Services. You retain all rights to Your Content that you post to the Services. By making Your Content available on or through the Services you hereby grant to Fitcoin a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Services.
You are wholly responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on the Services, and your use of the Services will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
We may, in Our sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Services.
“Fitcoin Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services. Fitcoin Content, the Services, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. Our logos and any other Fitcoin trademarks that may appear on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
The Services is intended for your personal, noncommercial use.
Fitcoin grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Services, (2)access and view the Fitcoin Content, (3) access and use the software and mobile applications provided by the Services, and (4) use the software that is embedded into Fitcoin devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any Services. This license is provided solely for your personal, noncommercial use and enjoyment of the Services as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Fitcoin Content, Services or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fitcoin or its licensors, except for the licenses and rights expressly granted in theseTerms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (1) use, display, mirror, or frame the Services or any individual element within the Services, including the layout and design of any page, without Fitcoin’s express written consent; (2) use Fitcoin’s name, any Fitcoin trademark or logo, or any Fitcoin proprietary information without Fitcoin’s express written consent; (3) access or tamper with non-public areas of the Services, Fitcoin’s computer systems, or the technical delivery systems of Fitcoin’s providers; (4) test the vulnerability of any Fitcoin system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Fitcoin or any of Fitcoin’s providers or any other third party (including another user) to protect the Services; (6)access the Services or Fitcoin Content through the use of any mechanism other than through the use of an Authorized Connection, Services, or Fitcoin API; or(7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Fitcoin provides to you or any other part of the Services.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Our sole discretion.
We reserve the right (but are not required) to remove or disable access to the Services, any Fitcoin Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Fitcoin Content, Your Content, or your use of the Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.
If you rely on any Fitcoin Content or the Services, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the Services, but we make no endorsement, representation, or warranty of any kind about any Fitcoin Content, information, or services. The accuracy of the data collected and presented through the Services is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Services. Fitcoin Content and the Services may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
Use of the Services should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany the devices that you have linked with the Services.
The Services are not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Services, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Services and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Services. If you engage in any exercise program you receive or learn about through the Services, you agree that you do so at your own risk and are voluntarily participating in these activities.
Fitcoin respects the intellectual property of others and expects its users to do the same. It is Fitcoin’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders. Specifically, if you are a copyright owner, or are authorized to act on behalf of one, and you believe materials on Fitcoin’s website or activities on its Services infringe your rights in your copyright-protected work, please send us an appropriate notification of claimed copyright infringement that complies with 17 U.S.C. § 512 to Us at firstname.lastname@example.org or at our address specified above.
For more information, please visit the U.S. Copyright Office website at http://www.copyright.gov. Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in your circumstances.
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Fitcoin, or obtained from sources other than you.
If, despite our policy, you still submit an idea to Us, then regardless of anything contained in your submission you agree that the following shall apply: (i) We shall have no obligation to review the submission; (ii) the submission and its contents shall automatically become Our property, without any compensation to you; (iii) We may consider the submission and its contents to be non-confidential and non-proprietary; and (iv) We may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you.
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Us or Our partners. It is your responsibility to carefully review those terms and conditions.
As part of your use of the Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Services by using your account settings or by contacting us at email@example.com. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
Fitcoin may change or discontinue, temporarily or permanently, any feature, component, or content of the Services at any time without notice. Fitcoin is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Services. We reserve the right to determine the timing and content of software updates.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting us at firstname.lastname@example.org. Upon any termination of these Terms or suspension, termination, or discontinuation of the Services or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 13, 15, 16, and 18-24.
THE SERVICES AND FITCOIN CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Fitcoin Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any Fitcoin Content.
Any purchases You make related to the Services or Fitcoin will be done through smart contracts on a blockchain using a self-custody wallet like Metamask or Trust Wallet. Any financial transactions that you engage in will be conducted solely through the Ethereum Network and its blockchain via a wallet such as MetaMask or Trust Wallet. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site or using any smart contracts, or any other transactions that you conduct via the Ethereum network.
Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that you partake in.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Services (including, without limitation, any Taxes that may become payable as the result of your ownership or transfer of any Fitcoin assets or nonfungible tokens).
Further, as related to cryptocurrencies broadly:
You will indemnify and hold harmless Fitcoin or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
NEITHER FITCOIN, ITS LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FITCOIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL FITCOIN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEEDS ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FITCOIN, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FITCOIN AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO INFORMALLY RESOLVE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Fitcoin arising out of or relating to these Terms of Service, the Services, or any other Fitcoin products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Fitcoin, you agree to try to resolve the Dispute informally by contacting us at our mailing address in the Contact Us section of the Terms below, and providing us with your email address. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Fitcoin may bring a formal proceeding.
No Class Actions: You may only resolve Disputes with Fitcoin on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Fitcoin agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and Fitcoin consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Fitcoin products or Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Fitcoin and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fitcoin and you regarding the Services and Fitcoin Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Services. When you use the Services after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Fitcoin’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Fitcoin may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Fitcoin under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Services. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Fitcoin‘s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fitcoin. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
If you have questions about this policy, or need help exercising your privacy rights, please contact us at email@example.com.
You may contact us at:
3217 N Verdugo Rd #4