Terms of Use
Welcome to Myfitsociety (the "Service"). The following Terms of Use apply when you view or use the Service located at: https://myfitsociety.com and App "Myfitsociety". Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service or use this App. You are also advised to check these Terms of Use from time to time. Using our Services after these changes means you accept the new Terms of Use. https://myfitsociety.com and this App are owned and operated by Myfitsociety. These Terms of Use are legally binding between you and Myfitsociety.
PRIVACY POLICY
Myfitsociety respects the privacy of its Service users. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy. For more information visit: https://myfitsociety.com/page/privacy-policy
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
AGE REQUIREMENT
You must be at least the minimum age required to use online services in your country and capable of forming a legally binding contract under applicable law. If you are under 18 (or the age of majority where you live), you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. We do not knowingly permit use of the Service by children where prohibited by applicable law.
ACCESS
If you are a user who signs up for the Service, you will create a personalized account, which includes a unique username and a password to access the Service and to receive messages from Myfitsociety. We will not be liable to you if our Site is offline for any reason. You are responsible for making all arrangements necessary for you to have access to our Site, and for ensuring that all persons who have such access through your internet connection are made aware of these Terms of Use and other applicable terms, and that such persons comply with them. You are responsible for securing your own username and password. We are not responsible for any misuse or in the event of third-party breach because of your negligence.
FEES AND PAYMENT
You agree to pay the subscription fees and any other charges incurred in connection with the Subscription (including any applicable taxes) at the rates in effect when charges are incurred. We will bill all charges automatically to your account using your selected payment method(s), which may vary depending on your location and plan. All fees are payable in the currency specified at checkout. If your payment method is denominated in a different currency, your financial institution or payment provider may apply currency conversion fees or other charges, for which you are solely responsible.
AUTO-RENEWAL
Subscriptions renew automatically and you authorize recurring charges unless you cancel before the renewal date/time. Subscription fees will be billed at the beginning of your Subscription and at each renewal.
FREE TRIALS / PROMOTIONAL OFFERS
If you enroll in a free trial or promotional offer, the length and terms of the offer will be shown at signup/checkout. Unless you cancel before the trial or promotional period ends, your Subscription will automatically convert to a paid Subscription and you authorize us (or the applicable app store) to charge the applicable subscription fee (plus taxes) at the end of the trial/offer period at the scheduled billing time disclosed at checkout.
CHANGES & PROMO CODES
We may change the fees and charges currently in effect, or add new fees or charges, by giving you 30 days notice in advance. Unless stated otherwise, changes will apply starting from your next subscription term.
We may provide limited promo codes or offers. Promo codes have no cash value, may be subject to additional terms, may expire, and cannot be stacked (one promo code per transaction) unless we expressly state otherwise.
If you want to use a different payment method or there is a change in payment method (i.e., credit card’s expiration date), or if you believe someone has accessed the Subscription using your username and password without your authorization, you must contact our Customer Care promptly. You are responsible for any fees or charges incurred to access the Subscription through an Internet access provider or other third-party service.
APP STORE / PLAY STORE PURCHASES
For purchases through Apple App Store or Google Play, billing, cancellation, and refund policies are governed by the respective platform's terms. We cannot override platform policies or process refunds for platform purchases."
CANCELLATION & REFUNDS
CANCELLATION
You may cancel your Subscription at any time to stop future renewals. If you cancel, you will retain access to premium features until the end of your current subscription term (or trial/offer period), and you will not be charged for the next term.
To avoid renewal charges (or conversion from a free trial/offer), you must cancel before the relevant renewal date/time or before the trial/offer ends. Because processing times may vary (especially for app store subscriptions), we recommend canceling at least 24 hours in advance. We are not responsible for renewals that occur due to late cancellation requests.
To cancel your current Subscription, you must cancel it yourself; we cannot process cancellations on your behalf. If you made the purchase via the website, you can cancel your Subscription in your account settings. If you made the purchase via Apple App Store or Google Play, you need to cancel it through your Apple/Google account settings.
ACCOUNT DELETION
Deleting your account does not automatically cancel subscriptions purchased through Apple App Store or Google Play. If you delete your account without canceling your app store subscription, you may continue to be charged by Apple/Google until you cancel through your Apple/Google account settings.
REFUNDS
Except where required by applicable law, all fees are non-refundable and we do not provide prorated refunds or credits for any partial subscription periods, unused time, or unused features.
We will consider refunds only for verified duplicate charges or technical billing errors attributable to us, our billing systems, our payment processors, or our Merchant of Record (where applicable). If you believe you were charged in error, you must contact our Customer Care promptly and provide relevant transaction details (such as email, username, date, amount, payment method, and any receipt/transaction ID).
While we strive to maintain 99% uptime, if service is unavailable for more than 72 consecutive hours due to our technical issues, we will, at your request, extend your subscription by the duration of the outage plus 24 hours.
If you purchased through Apple App Store or Google Play, billing and refunds are handled by Apple/Google under their policies and procedures, and we cannot issue refunds for those purchases.
EEA/UK/SWITZERLAND (WHERE APPLICABLE)
If you are located in the EEA, the UK, or Switzerland, you generally have a statutory right to withdraw from a contract within 14 days. However, by purchasing a Subscription and requesting immediate access to digital content, you expressly consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal once access is granted.
CHARGEBACKS / PAYMENT DISPUTES
If you initiate a chargeback or payment dispute, we may suspend access to paid features while we investigate. We may terminate accounts for chargeback abuse or fraud, to the extent permitted by applicable law.
CONSUMER RIGHTS
Nothing in these Terms limits any rights you may have under applicable consumer protection laws.
USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user's account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user's browser, device, or network.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are acting only as a passive conduit for your online distribution and publication of your User Content. However, we reserve the right to remove any User Content from the Service at our own discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false, or inaccurate;
- You will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm that we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of any User Content. Myfitsociety does not and cannot pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service. In case of violations, we reserve the right to remove any user content.
OBLIGATION AND TERMS
You are bound to observe the following rules of conduct:
- Do not post any materials that violate any federal, state, or local laws, including but not limited to libel, slander, antitrust, trademark, copyright, patent or unfair competition
- Do not advocate or discuss illegal activity
- Do not infringe upon a third-party copyrights, nor invade the privacy or publicity rights of others
- Do not post anything protected by copyright without the permission of the copyright owner
- Do not post anything that is knowingly false, defamatory, profane, vulgar, obscene, threatening, abusive, hateful, racially offensive, pornographic, embarrassing or that has any potential to cause any harm or damage to anyone as determined by Myfitsociety in its sole discretion
- Do not use this website and App for spam, chain letters, or junk mails
- Do not impersonate anyone or misrepresent who you are
- Do not post content related to the sale/exchange of firearms, illegal drugs, and other prohibited goods or Services.
We have no obligation to and do not in our normal course, pre-screen, monitor or review all the materials posted online. We do not exert editorial control over all posts. However, Myfitsociety reserves the right to pre-screen, monitor and/or review all Services and ads posted and suspend access as we deem appropriate. Data stored on our servers remains on our servers until deleted. You agree that it is your responsibility to post accordingly and to hold us harmless from any liability for any issue that might be caused by your actions. Myfitsociety reserves the right to disclose any information to satisfy any legal, regulatory or governmental request. In its sole discretion, Myfitsociety reserves the right to refuse to post or remove a post (“post” may include content, ads, Services, opinions, comment, photos, etc…). Due to the real time nature of postings, it is impossible to pre-screen, review or monitor every post.
USER DISPUTE
You agree that we do not manage discussions conducted through our website and/or App. Our moderators reserve their right in their own discernment, to remove or modify messages, or remove a subscription or block its accessibility, change your account profile or change any user content posted on the website and App. You also acknowledge that we are not a party to your communications with other users and we are merely a passive conduit with regard to your communications with other users or members. Thus, in no case shall we be responsible for the conflict of your fellow user. Any assistance we provide regarding user disputes is discretionary and not mandatory.
INJURIOUS REMARKS
You agree that you are entirely responsible for damages suffered by third parties (other sites and users) as a result of your feedback, remarks, info or other content published or provided on our website and App that are injurious or otherwise lawfully actionable. Under the law, we are not lawfully accountable, nor can we be called to account or responsible for damages of any kind, arising of any offensive or otherwise lawfully actionable info, remarks, or other content published or provided on this website and App.
REVIEW
We have no obligation to and do not in our normal course, pre-screen, monitor or review all the content posted by you and other users. We do not exert editorial control over all posts of Services. We reserve the right to pre-screen, monitor and/or review all Services and suspend access as we deem appropriate.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other content made available through the Service, but not directly by Myfitsociety, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Myfitsociety does not guarantee the accuracy, completeness, or usefulness of any information provided on the Service and nor does Myfitsociety adopt nor endorse, nor is Myfitsociety responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. We take no responsibility and assume no liability for any User Content that you or any other user or third-party posts or sends over the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.
Though we strive to enforce these Terms of Use, however, you may be exposed to other User Content that is inaccurate or objectionable. We reserve the right, but have no obligation to monitor the materials posted in the public areas of the Service or to limit or deny a user's access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Myfitsociety shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under the law. If you become aware of misuse of our Service, please contact us https://myfitsociety.com/page/contact-us
MATERIAL DISCLAIMER
This website and App offer information for informational purposes only and we are not responsible for its accuracy. You agree that such are provided on an “as is” and “as available basis”. We disclaim any responsibility regarding the source, objectivity or correctness of any sort of information presented.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, Myfitsociety may provide convenient links to third-party website(s) ("Third-party Sites") as well as content or items belonging to or originating from third parties (the "Third-party Applications, Software or Content"). These links are provided as a courtesy to Service subscribers. Myfitsociety has no control over Third-party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or Services available on these Third-Party Sites or Third-party Applications, Software or Content. Such Third-party Sites and Third-party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Myfitsociety, and we are not responsible for any Third-party Sites accessed through the Site or any Third-party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-party Sites or the Third-party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by Myfitsociety. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS
(a) Repeat Infringers. Myfitsociety respects the intellectual property rights of others and expects users to do the same. We may, in appropriate circumstances, suspend or terminate accounts of users who are repeat infringers.
(b) Takedown Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification by sending the following information in writing to [email protected]:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works on a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such material;
- Information reasonably sufficient to permit the Service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that was removed and the location at which the content appeared before it was removed;
- A statement that you have a good-faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, email address, a statement that you consent to the laws of Indonesia and a statement that you will accept Service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Myfitsociety copyright agent, Myfitsociety may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our own discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Myfitsociety a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
BETA FEATURES
You hereby agree to assume all risk by using our ‘BETA’ features. Features that are in BETA might still have some issues and only store data temporarily. Once the production version of that feature is released, all data that is stored during BETA version will be removed. You agree not to hold us responsible for the erasure of such data by reason hereof.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other products and Services of Myfitsociety that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service's email and messaging systems will not constitute legal notice to Myfitsociety or any of its officers, employees, agents or representatives in any situation where notice to Myfitsociety is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from Myfitsociety in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Myfitsociety provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about Myfitsociety and special offers. You may opt out of such communications by changing your account settings or sending an email from https://myfitsociety.com/page/contact-us. Opting out may prevent you from receiving messages regarding Myfitsociety or Special Offers.
WARRANTY
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MYFITSOCIETY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MYFITSOCIETY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY IF YOU FAIL TO ACCESS OUR SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
HEALTH & FITNESS DISCLAIMER
The Service may provide fitness, exercise, and wellness information for general informational purposes only. The Service is not medical advice and is not a substitute for professional medical advice, diagnosis, or treatment.
You should consult a physician or other qualified healthcare professional before beginning any fitness program, especially if you have any medical condition or concerns. Stop immediately and seek medical attention if you experience pain, dizziness, shortness of breath, or other concerning symptoms.
You acknowledge that exercise involves inherent risks and you assume full responsibility for your health and safety when using the Service. Results are not guaranteed. To the maximum extent permitted by applicable law, Myfitsociety is not responsible for injuries or damages arising from your participation in any fitness activities or reliance on information provided through the Service.
INDEMNIFICATION
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Myfitsociety and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.
LIMITATION OF DAMAGES; RELEASE
To the extent permitted by applicable law, in no event shall Myfitsociety, its affiliates, directors, or employees, or its licensors or partners be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the Service; (c) the Service generally or the software or systems that make the Service available; or (d) any other interactions with Myfitsociety or any other user of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Myfitsociety has 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. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
If you have a dispute with one or more users or merchants of a product or Service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In the event that Myfitsociety files for bankruptcy or closes this App, you agree that such is protected under bankruptcy laws. In such instance, no refund shall be issued except in accordance with applicable insolvency laws.
MODIFICATION OF TERMS OF USE
We may amend these Terms of Use at any time and will update them in the event of any such amendments. It is your sole responsibility to check the Site from periodically to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. Any changes to these Terms (other than as set forth herein) or waiver of Myfitsociety’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Myfitsociety. No purported waiver or modification of these Terms of Use by Myfitsociety via telephone or email communications shall be valid.
DISPUTE RESOLUTION; GOVERNING LAW; JURISDICTION
If a dispute arises out of or relating to these Terms or the Service, you and Myfitsociety agree to first attempt to resolve the dispute informally by contacting each other and providing a written notice describing the issue and the relief requested.
If the dispute is not resolved within thirty (30) days after such notice, either party may bring a claim in the competent courts of Indonesia. These Terms and your use of the Service are governed by the laws of Indonesia, without regard to conflict of law provisions.
Nothing in this section limits any rights you may have under applicable mandatory consumer protection laws, including any right to bring a claim in the courts of your habitual residence where such rights cannot be waived.
GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Myfitsociety to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising from your relationship with Myfitsociety must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the laws of Indonesia, without regard to conflict of law provisions.
If any provision of this Agreement is adjudged by a court to be void or unenforceable such provision shall in no way affects any other provision of this Agreement, the application of the provision in any other circumstances or the validity or enforceability of this Agreement and such provision shall be curtailed and limited only to the extent necessary to bring it within applicable legal requirements.
Myfitsociety may assign or delegate these Terms of Use and/or its Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.
You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these Terms of Use. You further acknowledge that these Terms of Use together with the privacy policy at https://myfitsociety.com represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement (oral or written), and any other communications between us relating to the subject matter of this agreement.
