This End User License Agreement (“Agreement”) is entered into between you and FITURA (“Company,” “we,” “our”) and governs your use of the FITURA mobile application (“App”).
1. Acceptance
By downloading, installing or using the App, you acknowledge that you have read, understood and accepted this Agreement. If you do not agree to these terms, do not use the App.
2. License Grant
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable and revocable license to download, install and use the App on any Apple device that you own or control, solely for personal, non-commercial use.
3. Scope of the License
This license does not permit you to:
- use the App on a device that you do not own or control;
- distribute or make the App available over a network where it could be used by multiple devices simultaneously;
- rent, lend, sell, redistribute or sublicense the App;
- copy, decompile, disassemble, reverse engineer or attempt to obtain the source code;
- modify, adapt or create derivative works of the App;
- remove, alter or obscure any intellectual property notice.
4. Health, Fitness and Nutrition Disclaimer
The App provides general health, fitness and nutrition information for educational purposes only. It is not a substitute for professional medical advice, diagnosis or treatment.
- Always seek the advice of your physician or another qualified healthcare professional before starting a diet or exercise program, or if you have a medical question.
- Never disregard professional medical advice or delay seeking it because of information provided by the App.
- AI coaching features provide general guidance and do not replace healthcare professionals.
- If you experience adverse symptoms, stop using the App and consult a healthcare professional immediately.
5. User Content and Data
- You retain ownership of the content you submit through the App.
- By using the App, you grant us a license to use, store and process your data as described in our Privacy Policy.
- You are responsible for maintaining the confidentiality of your account credentials.
- Health data is processed in accordance with applicable laws and our Privacy Policy.
6. Subscriptions and In-App Purchases
- The App may offer automatically renewing subscriptions.
- Payment is charged to your Apple ID account when the purchase is confirmed.
- Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period.
- You can manage and cancel subscriptions in your Apple ID account settings.
- No refund is provided for the unused portion of a subscription period unless required by applicable law or Apple’s rules.
7. Intellectual Property
The App, its original content, features and presentation are owned by FITURA and protected by international copyright, trademark, patent, trade secret and other intellectual property laws.
8. Third-Party Services
The App may contain links to third-party services or integrate third-party APIs. We are not responsible for their content, privacy policies or practices.
9. Limitation of Liability
To the fullest extent permitted by applicable law:
- the App is provided “as is,” without warranties of any kind;
- we disclaim all express or implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement;
- we will not be liable for indirect, incidental, special, consequential or punitive damages;
- our total liability will not exceed the amount paid for the App during the twelve (12) months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless FITURA, its officers, directors, employees and agents from any claim, damage, loss or expense arising from your use of the App or your breach of this Agreement.
11. Termination
We may immediately terminate or suspend your access to the App, without prior notice, if you breach this Agreement. Upon termination, your license to use the App ends immediately.
12. Governing Law
This Agreement is governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules.
13. Changes
We reserve the right to modify this Agreement at any time. We will notify you of material changes through the App or by email. Continued use after a change constitutes acceptance.
14. Apple-Specific Terms
- This Agreement is entered into solely between you and FITURA, not Apple Inc.
- Apple has no obligation to provide maintenance or support for the App.
- Apple is not responsible for product warranties or claims relating to the App.
- Apple is not responsible for claims relating to the App or your possession and use of the App.
- Apple is a third-party beneficiary of this Agreement and may enforce it against you.
15. Contact
If you have any questions about this Agreement, contact us at info@fituraai.com.