Terms and Conditions
Effective Date: October 1, 2024
Welcome to Finally Fit! By downloading, accessing, or using the Finally Fit mobile application (“App”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use the App.
1) Acceptance of Terms
By using the App, you acknowledge that you have read, understood, and agree to these Terms. These Terms apply to all users of the App, including, but not limited to, users who are browsers, vendors, customers, merchants, and contributors of content.
2) Acknowledgement
These Terms are concluded between you and Finally Fit only, not with Apple. You acknowledge that Finally Fit, not Apple, is solely responsible for the App and its content. The use of the App is subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions, which you acknowledge having had the opportunity to review.
3) Scope of License
The license granted to you to use the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license also permits access by other accounts associated with you through Family Sharing or volume purchasing, where applicable.
4) Eligibility
To use the App, you must be at least 18 years of age or the legal age of majority in your jurisdiction. By using the App, you represent and warrant that you meet these eligibility requirements.
5) User Accounts
You may be required to create an account to access certain features of the App. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.
6) Subscription and Billing
Some features of the App may require a paid subscription. By subscribing, you agree to pay all applicable fees and charges, including taxes, in accordance with the billing terms in effect at the time a fee or charge is due and payable. Subscription fees are non-refundable except as required by law.
7) Content and Intellectual Property
All content, including but not limited to text, graphics, images, and software, available on the App is the property of Finally Fit or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content without our express written permission.
8) User-Generated Content
You may have the opportunity to create, submit, post, or share content through the App. By doing so, you grant Finally Fit a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media. You represent and warrant that you own or have the necessary rights to use and share your content and that your content does not infringe any third-party rights.
9) Prohibited Conduct
You agree not to engage in any of the following activities:
Using the App for any unlawful purpose or in violation of any local, provincial, national, or international law.
Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Interfering with or disrupting the App or servers or networks connected to the App.
Attempting to gain unauthorized access to any portion of the App or any other accounts, computer systems, or networks connected to the App.
10) Maintenance and Support
You acknowledge that Finally Fit, not Apple, is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
11) Disclaimer of Warranties
The App is provided on an “as is” and “as available” basis. Finally Fit makes no representations or warranties of any kind, express or implied, as to the operation of the App, the information, content, materials, or products included on the App, or your use of the App.
12) Warranty
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Finally Fit.
13) Product Claims
You acknowledge that Finally Fit, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks.
14) Limitation of Liability
To the fullest extent permitted by law, Finally Fit and its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (i) your use or inability to use the App; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the App; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App.
15) Intellectual Property Rights
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, you acknowledge that Finally Fit, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
16) Indemnification
You agree to indemnify and hold Finally Fit and its affiliates, officers, directors, employees, agents, licensors, and service providers harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the App or violation of these Terms.
17) Legal Compliance
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated as a “terrorist-supporting” country by the U.S. Government, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
18) Modifications to the Terms
Finally Fit reserves the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes by posting the updated Terms on the App and updating the “Effective Date” at the top of this page. Your continued use of the App after the posting of changes constitutes your acceptance of such changes.
19) Developer Name and Address
Finally Fit is owned and operated by Carlo, a fitness coach and developer based in Richmond, BC, Canada. For any questions, complaints, or claims regarding the App, please contact:
Email: carlo [at] finallyfit [dot] app
20) Third-Party Terms of Agreement
You agree to comply with any applicable third-party terms of agreement when using the App. For example, if the App allows you to make VoIP calls, you must not violate your wireless data service agreement when using the App.
21) Third-Party Beneficiary
You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
