Terms and Conditions

1. SCOPE OF TERMS & CONDITIONS

These Terms and Conditions of Service (“Terms & Conditions”) govern the utilization of fitco’s digital platforms, encompassing the fitconow.com website, affiliated websites, and mobile applications (collectively referred to as the “Services”). By accessing or using any of the Services, you agree to be bound by these Terms & Conditions. The term “fitco,” “we,” “us,” or “our” pertains to fitco and its affiliates. “Affiliates” include entities or individuals with a controlling interest in, owned by, or under common ownership control with fitco. The Services include any content, information, digital tools, or products provided by us, whether accessed through the Website or the Mobile App.

Ensuring your privacy and security is paramount to us. Therefore, we urge you to review our Privacy Policy and HIPAA Notice, which are integral components of these Terms & Conditions.

By accessing, browsing, or using the Services, you acknowledge and agree to comply with all provisions outlined herein. Should you not consent to these Terms & Conditions, including the subsequent Agreement and Acknowledgement, refrain from accessing or using the Services. Moreover, access to the Services is contingent upon your acceptance and adherence to all terms and conditions delineated within this Agreement.

Failure to adhere to the provisions outlined in these Terms & Conditions may result in immediate deactivation or deletion of your user account, along with any associated information or files, without prior notice. We reserve the right to restrict further access to such information, files, or our Services.

Exercise prudence, discretion, and judgment while utilizing the Services. Any attempt to breach the security of the Services is strictly prohibited and may lead to criminal and/or civil penalties. fitco retains the right to investigate any suspected violations and may cooperate with law enforcement agencies, particularly in cases of suspected criminal activity.

2. AGREEMENT AND ACKNOWLEDGEMENT

• User Agreement: By utilizing the Services, you acknowledge and accept these Terms & Conditions, thereby agreeing to be legally bound by their terms, conditions, and notices, as if you had physically signed them.
• Changes to Terms & Conditions: We reserve the sole discretion to modify, supplement, or remove portions of these Terms & Conditions (“Additional Terms”) at any time. Such Additional Terms become effective upon their posting on the Website, the Mobile App, through the Service, or via email or other notifications. Continued access to the Mobile App or the Website, or utilization of any of the Services, following the implementation of Additional Terms, signifies your agreement to abide by them.
• Modification of Services: We may, without prior notice or liability, discontinue, modify, or alter any aspect of the Services provided to you. This includes but is not limited to restricting the availability or usage duration of the Services, terminating user rights, or altering any feature or functionality. You acknowledge and agree that termination or cancellation of your access to the Services may occur without prior notice, and we shall not be liable to you or any third party for such actions.

3. ELIGIBILITY

Registration for our Services is restricted to individuals who are at least 18 years old. By using the Services, you affirm and guarantee that you meet this age requirement and possess the legal capacity to enter into and comply with these Terms & Conditions.

Due to the unique healthcare needs associated with pregnancy and our inability to offer collaborative care with medical professionals, individuals who are pregnant are ineligible to use our Services.

Additionally, individuals who currently have or aspire to achieve a BMI below 18.5 are ineligible to use our Services. According to the Center for Disease Control (CDC), maintaining a healthy BMI falls within the range of 18.5-24.9. A BMI below 18.5 is categorized as underweight, and weight loss for individuals within this range is not recommended without supervision from a medical professional.

4. SUBSCRIPTIONS; ACCESSING PREMIUM SERVICES

Our Services include a limited orientation version of the Mobile App (“Basic Service”) and premium offerings with enhanced features based on subscription levels (“Premium Service”). Premium Service involves a fee, which can be paid directly by the user (“Personal Premium Service”) or by a third party on behalf of the user (“Business Premium Service”). Although becoming a Premium Service user is optional, certain features, content, or resources may only be accessible to Premium Service users. We retain the right to modify or eliminate any aspect of the Basic Service without prior notice.

Regardless of the type of service you utilize, you are responsible for all associated charges and fees incurred while accessing and using the Website and/or Mobile App. This includes, but is not limited to, costs related to telephone access lines (including mobile data and data roaming charges), internet service provider fees, hardware expenses, applicable taxes, and any other charges necessary for accessing our Website and/or Mobile App.

5. FEES, RENEWALS, CANCELLATIONS & REFUND POLICIES

As a subscriber to our Premium Service, you agree to the following terms:

1. Payment Agreement:

(i) Personal Premium Service: Users of Personal Premium Service are responsible for the fixed charges and fees selected during subscription, including any applicable taxes and additional fees necessary for accessing the Premium Services.

(ii) Business Premium Service: Business Premium Services are typically procured by third-party commercial customers (“Business Customers”) for a specified period. Upon activation with a unique code provided by the Business Customer, users can access Premium Service features for the agreed term.

• Auto-Renewal: Unless covered by a Business Customer, Premium Service memberships will automatically renew for successive periods matching the initial subscription duration, at the prevailing non-promotional rate. We will charge your payment method at the commencement of each renewal period unless you cancel. Failure to renew may result in downgrade to Basic Service.
• Personal Premium Service Cancellation: Subscribers can cancel their Premium Service subscription at any time by contacting their coach or through other provided channels. Cancellation requests will be processed within 72 hours. Fees incurred before cancellation remain payable, and data is retained for six days post-cancellation.
• No Refund Policy:

(i) All fees and charges are non-refundable.

(ii) Trial period cancellations incur no charges, and services expire within four days.

(iii) Post-trial cancellations result in active service until the end of the subscription period, with no further charges.

• Business Customer Membership: Business Premium Service users are subject to the control of the Business Customer paying for their subscription. Termination by the Business Customer will result in account deactivation. We are not liable for such terminations.
• Policy Modifications: We reserve the right to amend fee structures, cancellation, and refund policies with reasonable notice. Changes apply to all new or renewed memberships following implementation. Notification methods include postings on the Website and/or Mobile App, or via email or traditional mail.

6. USER ACCOUNT AND SECURITY

When utilizing certain features of the Services, you will need to complete a registration/application form. By doing so, you affirm that all information provided, whether on the registration form or otherwise in connection with your use of the Services, is current, complete, and accurate. As a registered user, you are solely responsible for maintaining the confidentiality of your account information and must not use the account or username of any other member.

Promptly notify us if you suspect unauthorized use of your account or any security breach, including loss, theft, or unauthorized disclosure of account information, whether yours or another’s.

You are fully accountable for all activities conducted under your user account. We shall not be liable for any losses incurred due to unauthorized account usage, with or without your knowledge. Additionally, you may be held responsible for losses suffered by fitco, its affiliates, officers, directors, employees, consultants, agents, and representatives resulting from unauthorized account usage.

As a subscriber to our Premium Services, you also agree to the following:

• Subscription Data: You agree to furnish accurate and complete information, termed as “Subscription Data,” necessary for identification and billing purposes during the Premium Service registration or sign-up process. Please refer to our Privacy Policy and HIPAA Notice for detailed information on the data types we collect. You are responsible for maintaining and updating this information promptly. Providing false, inaccurate, or incomplete information may result in suspension or termination of your account or subscription.
• One Account Per User: You agree not to register or subscribe for multiple accounts, create accounts on behalf of others, or fabricate misleading identities on the Website. If your registration or subscription is revoked, except in cases of switching between Business and Personal Premium Services, you agree not to re-register or subscribe using another username or method. We reserve the right, at our discretion, to terminate new accounts suspected of prior termination without notice or to pursue other remedies available under these Terms & Conditions or by law.

7. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM fitco & BUSINESS CUSTOMERS

• Legal Communications: You may receive legal communications from fitco by email or posting on the Website and/or the Mobile App, including these Terms & Conditions, Privacy Policy, HIPAA Notice, and other notices or disclosures related to the Services. These communications are integral to the Services and cannot be opted out of.
• Service Announcements: By using the Services, you consent to periodic electronic communications from fitco regarding service announcements, such as new product offers or other information relevant to the Website and/or the Mobile App. These communications are an essential part of the Services and cannot be opted out of.
• Promotional Communications: You may receive periodic promotional communications from fitco. You have the option to opt out of these promotional messages at any time by following the unsubscribe instructions in each message or adjusting messaging preferences in your account.
• Business Customer Communications: If you have a Business Premium Service account, communications may also be sent by the Business Customer paying for your account, subject to their terms and conditions and/or privacy policy.
• Withdrawing Consent: If you decide you no longer wish to receive electronic communications, you may withdraw consent by emailing fitconow@gmail.com. Withdrawal of consent will take effect within a reasonable time. Withdrawal will not affect the validity of electronically signed Terms received prior. fitco reserves the right to terminate your account and/or access to the Service if consent is withdrawn.

8. PUBLIC FORUM; INFORMATION PROVIDED BY MEMBERS

• Definition: A “Public Forum” includes areas or features within the Services allowing users to upload, submit, post, or exchange User Content, such as chat, message boards, or groups. All communications in Public Forums are public, and users are solely responsible for their User Content.
• fitco Group: Premium Service subscribers are invited to join fitco Group discussions, moderated by fitco-appointed facilitators (“Facilitators”) and coaches. fitco Group is a Public Forum, and members may receive electronic communications, including group chat messages, from Facilitators, Coaches, and other members. Users agree to adhere to community standards and conduct guidelines. fitco acts as a conduit for User Content distribution in Public Forums and disclaims liability for such content.
• Public Profile; Information Provided by Members: Users may be required to create public profiles to join fitco Group or similar services. Public profiles may contain identifying information, and members can post additional content. fitco relies on members to provide accurate information and disclaims responsibility for the accuracy of member-provided information.

9. LIMITED LICENSE

Provided you adhere to the Terms & Conditions, including timely payment of all applicable fees, we grant you a limited license to access and utilize our Services. This license is non-exclusive, non-transferable, non-sublicensable, and fully revocable. It allows access through the Website or by downloading and installing the Mobile App, including any updates and bug fixes, solely for personal, non-commercial use.

The Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or exploited for any commercial purpose without express written consent from fitco. Additionally, except for the rights granted in this Section, you may not modify, alter, tamper with, repair, create derivative works of, reverse engineer, disassemble, decompile, or attempt to discover the source code for the Services.

10. RESTRICTIONS ON USE OF CONTENT

You acknowledge that our Services contain protected content, including but not limited to, copyrights, patents, trademarks, trade secrets, and other proprietary rights. All content is copyrighted under United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such content. Trademarks appearing on the Services belong to their respective owners. The fitco Marks are the registered trademark and service mark of fitco.

Third parties may have proprietary rights in the Content they make available on our Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or exploit any of the Content. Downloading Content does not grant ownership. Modification or use of Content for any purpose, including in printed form or on other applications or networked computer environments, is strictly prohibited without prior written consent from fitco.

We reserve the right to suspend your use of the Services and remove or disable any Content believed to violate these Terms & Conditions. Notice will be provided before such actions, except in cases of legal compliance or imminent harm to the Services or any third party.

11. USER CONTENT

• Definition. “User Content” refers to any content, materials, or information, including text, graphics, photos, messages, and nutritional data contributed, that you upload, send, display, or otherwise transmit to us through the Services, whether publicly posted or privately transmitted.
• Agreement. You agree to obey the law and respect the intellectual property rights of others when using the Services. You will not upload, post, transmit, display, or distribute any content that violates third-party copyrights, trademarks, or other intellectual property rights, or any applicable law or regulation. You are solely responsible for any violations of laws or third-party rights resulting from your use of the Services.
• Grant of License. By uploading User Content, you grant fitco and its affiliates a non-exclusive, perpetual, irrevocable license to use, reproduce, modify, publish, distribute, and display the User Content worldwide. You represent that you own the rights to the User Content or have the necessary permissions to grant this license. We may use User Content for any purpose without compensation to you.

We reserve the right to remove or modify User Content at our discretion and to access and disclose information as necessary to comply with legal requirements or protect our rights and users.

You acknowledge that you are responsible for all User Content you post or transmit to the Services. We do not guarantee the accuracy or quality of User Content and disclaim any liability for such content.

12. THIRD-PARTY WEBSITE CONTENT

Some content on the Website and/or Mobile App may include links to third-party websites. We do not control the content of these websites and disclaim responsibility for their content, products, or services. We do not endorse or warrant the accuracy of information on third-party websites.

You are responsible for protecting your computer systems from harmful content when accessing third-party websites. You assume all liability for any damages resulting from your use of or reliance on third-party website content.

13. COMMUNITY STANDARDS AND CONDUCT GUIDELINES

You agree not to use the Website, the Mobile App, or any part of our Services to:

1. Upload, post, email, or transmit any User Content or materials that:

(i) are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, discriminatory, invasive of privacy, hateful, or objectionable;

(ii) contain adult content, including obscene, pornographic, or violent material;

(iii) incite criminal or terrorist activities or physical harm against others;

(iv) exploit political agendas for commercial gain or contain hate speech;

(v) infringe upon any intellectual property rights or deceive others;

(vi) constitute unauthorized advertising, spam, or phishing attempts;

(vii) contain malware or malicious code;

• Harm minors or solicit information from them;
• Advertise or solicit funds or services;
• Impersonate any person or entity;
• Provide false information to fitco or other members;
• Create multiple accounts or false identities;
• Forge headers or manipulate identifiers to disguise content origin;
• Attempt to breach security measures or disrupt Services functionality;
• Damage, disable, or impair the Services;
• Interfere with Services operation or disobey network regulations;
• Violate any laws or regulations;
• Harass other users or employees;
• Solicit personal data from others;
• Access another user’s account without consent;
• Reverse engineer or decompile the Mobile App;
• Transfer or sublicense your user rights.

Your access to the Services depends on compliance with these guidelines. We may revoke your privileges or terminate your use of the Services for violations. You may be liable for damages resulting from your posted content.

14. HEALTH AND MEDICAL SERVICE DISCLAIMER

• No Doctor-Patient Relationship. The Services do not constitute medical advice, and no doctor-patient relationship is established. Seek professional medical advice before starting any health regimen or activity referenced in the Services. You agree not to use the Services for medical purposes.
• Virtual Coaching Service Disclaimer. The Virtual Coaching Service is not medical or mental health counseling. It does not offer diagnosis, treatment, or advice for medical or mental conditions. Seek professional medical or psychological help when needed. Interactions with Coaches or other users do not create a doctor-patient relationship. We may terminate Services access if medical or mental health conditions are suspected.

You are solely responsible for your interactions with Coaches and other members when using the Services.

15. RISK ASSUMPTION; YOUR INTERACTIONS WITH OTHERS ON THE WEBSITES AND/OR MOBILE APPS

fitco expressly disclaims any and all liability arising from or related to your use of the Services and participation in any activities offered through the Services, including your involvement in fitco Groups or interactions with facilitators or coaches. By using the Services, you knowingly and freely assume all associated risks.

You are solely responsible for your interactions with other members. You acknowledge that fitco is not obligated to screen its members, inquire into their backgrounds, or verify their statements, including information or representations in public profiles. You agree to exercise reasonable caution in all interactions with other members, especially if meeting them in person. fitco does not endorse, warrant, or guarantee the conduct of its members or their compatibility with you.

16. DISCLAIMERS OF WARRANTIES

fitco, along with its affiliates and third-party service providers, licensors, and suppliers, hereby disclaims all warranties. The products, offerings, content, and materials provided in the Services are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permitted by law, fitco disclaims all implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Neither fitco nor its affiliates, licensors, licensees, service providers, or suppliers warrant that the applications or any function contained in the applications will be uninterrupted or error-free, or that the applications or servers are free of viruses or other harmful components.

Any product, offering, content, or material obtained through the Services is at your sole risk, and you are solely responsible for any resulting damage to your computer system or loss of data.

fitco and its affiliates do not warrant or make any representations regarding the use or results of the products, offerings, content, and materials in the Services in terms of correctness, accuracy, reliability, or otherwise. No advice or information obtained from fitco personnel or through the Services shall create any warranty not expressly provided for in these Terms & Conditions.

17. THIRD-PARTY PRODUCTS, SERVICES, AND DATA COLLECTION

Certain features, software products, and services offered through the Services are provided by third parties (“Third-Party Services” provided by “Third-Party Service Providers”). Your use of Third-Party Services may require additional terms and conditions with Third-Party Service Providers. Our Terms & Conditions apply only to the Services, and fitco is not responsible for the availability or content of external sites or resources linked to the Services. You acknowledge that Third-Party Service Providers may collect and use your information, including personal and protected health information. You are responsible for reviewing their privacy policies before using their services.

fitco disclaims all responsibility and liability for any damages resulting from your use of Third-Party Services or your information collected or used by Third-Party Service Providers.

18. LIMITATION OF LIABILITY

You expressly understand and agree that fitco, its affiliates, and its third-party service providers, licensors, and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:

(a) the use or inability to use the Services;

(b) the use of any content or material on the Website, our applications, or linked applications;

(c) the cost of procurement of substitute goods and services;

(d) unauthorized access to or alteration of your transmissions or data;

(e) statements or conduct of any third party on our Services;

(f) any other matter relating to the Services.

You agree to release, waive, discharge, hold harmless, defend, and indemnify fitco, its affiliates, and their officers, directors, employees, agents, representatives, sublicensees, successors, and assigns from any and all claims, actions, or losses arising from your use of the Services.

The maximum liability of fitco, its affiliates, and its third-party service providers, licensors, and suppliers to you under all circumstances shall not exceed the amount paid by you for accessing our Services. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the bargain between fitco and you. Any cause of action arising out of or related to the Services or these Terms & Conditions must be instituted within one year after the cause of action arose or be forever waived and barred.

19. INTELLECTUAL PROPERTY

• Ownership of Software: You recognize and agree that the Services and all associated intellectual property rights belong to fitco (and, where applicable, its licensors). Additionally, you acknowledge that the source and object code of the Website and/or Mobile App, as well as the structure and organization thereof, are the proprietary and confidential information of fitco and its affiliates, licensors, and suppliers. Except as expressly stated in these Terms & Conditions, no intellectual property rights are granted to you, and all rights not expressly granted are reserved by fitco.
• Trademarks: The trademarks or registered trademarks of fitco, including fitco, fitconow.com, and the fitco logo (“fitco Marks”), remain the property of fitco. Any other trademarks, service marks, logos, or domain names appearing on the Website or Mobile App may be the property of third parties. Your use of the Services does not grant you any rights to the fitco Marks or third-party trademarks, and you agree not to challenge fitco’s ownership of the fitco Marks.
• Copyrighted Materials: All content and materials available through the Services, including the fitco logo, design, text, and graphics, are either owned by fitco or its licensors and suppliers. Your use of the Services does not grant you any rights to such content or materials.
• Copyright Complaints: We respect the intellectual property rights of others. If you believe that material on our Services infringes your copyright, please contact us with specific information outlined in the Digital Millennium Copyright Act of 1998 (DMCA). Additionally, if you receive a notice of copyright infringement, you may send us a counter-notice in accordance with the DMCA.

20. INDEMNIFICATION

You agree to indemnify, defend, and hold fitco and its affiliates, officers, directors, employees, agents, and representatives harmless from any third-party claims, actions, demands, liabilities, damages, and costs arising from various circumstances, including your improper use of the Services, violation of these Terms & Conditions, provision of inaccurate information, infringement of intellectual property rights, or violation of laws or regulations. The indemnified parties may participate in the defense of any claim, and you may not settle any claim without their consent.

21. GOVERNING LAW AND VENUE

These Terms & Conditions are governed by the laws of South Africa, and any disputes arising from or related to these Terms & Conditions or your use of the Services shall be exclusively resolved in courts located in South Africa.

22. TERM AND TERMINATION

• Termination: These Terms & Conditions remain in effect as long as you use our Services, and fitco may terminate your access in accordance with these Terms & Conditions.
• Effect of Termination: Termination ends all rights and licenses granted under these Terms & Conditions, except for provisions that survive termination. fitco reserves the right to prevent unauthorized use of the Services following termination.
• Legal Action: fitco may take legal action against you for any breach of these Terms & Conditions, and you agree to pay reasonable costs and attorneys’ fees associated with such action.

23. MISCELLANEOUS TERMS

If any provision of these terms is found to be unlawful or unenforceable, the remaining provisions remain valid and enforceable. These Terms & Conditions constitute the entire agreement between you and fitco. We may assign our rights and obligations under these Terms & Conditions. Failure to enforce any provision does not waive that provision’s right to enforcement.

24. Research Policy

At fitco, we are steadfast in our commitment to validating our methodology for lifelong behavior change through scientific research. We hold your privacy in the highest regard and assure you that we never sell any of your information without obtaining your prior written consent. Moreover, any data we publish is strictly in aggregated form, ensuring the anonymity and confidentiality of individual users.

By engaging with our services, you are implicitly consenting to participate in any of fitco’s ongoing research initiatives, in addition to the one outlined below:

fitco Longitudinal Trial (Automatically enrolled for users signing up on or after January 1st, 2019, unless they choose to opt out)

However, we understand and respect your right to privacy and choice. If you prefer not to have your information utilized in our research studies, you have the option to opt out. Simply complete the opt-out form provided.

Last Updated: January 1st, 2024

If you have any inquiries regarding our research programs or wish to cancel your subscription, please direct your request to fitconow@gmail.com.