Introduction

Welcome to FitBird, the mobile application designed to help you achieve your fitness goals. By using our application, you agree to the following terms and conditions. Please read them carefully before using the application. If you do not agree to these terms and conditions, please do not use the application.

 

 

User Accounts

To use certain features of FitBird, you may be required to create a user account. By creating an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form, and to maintain and update this information to keep it accurate, current, and complete.

 

You are responsible for maintaining the confidentiality and security of your account and password, and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation. You may not share your account or password with anyone, and you may not use anyone else's account or password.

 

 

User Content

FitBird allows users to upload and share content, including text, photos, videos, and other materials. You retain ownership of any content you submit or upload to the application, but you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, adapt, and distribute the content for the purposes of providing and promoting the application.

 

You agree not to submit or upload any content that:

 

Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or offensive.

Infringes on the intellectual property rights of others, including copyrights, trademarks, trade secrets, or patents.

Violates the privacy or publicity rights of others.

Contains viruses, malware, or other harmful or disruptive code.

We reserve the right to remove or delete any content that violates these terms and conditions or for any other reason at our sole discretion. We also reserve the right to terminate your account for repeated or serious violations of these terms and conditions.

 

 

Prohibited Activities

You agree not to engage in any of the following activities when using FitBird:

Attempting to gain unauthorized access to other users' accounts or to the application's systems or networks.

Interfering with or disrupting the application or its servers or networks.

Using the application to engage in any illegal activity, including but not limited to hacking, phishing, or distributing illegal content.

Impersonating another person or entity or misrepresenting your affiliation with a person or entity.

Collecting or harvesting any personally identifiable information, including account names and email addresses, from the application or its users.

Using the application to send spam or other unsolicited messages.

Violating any applicable laws or regulations.

We reserve the right to investigate and take legal action against any user who violates these terms and conditions, including reporting such violations to law enforcement authorities. We also reserve the right to terminate your account for any violation of these terms and conditions.

 

 

Payment Terms

Certain features of FitBird may require payment, such as access to premium content or products. By making a payment, you agree to the following terms:

 

Payment must be made using a valid payment method accepted by the application, such as a credit card or debit card.

The cost of the service or product will be displayed at the time of purchase. We reserve the right to change the price at any time, but any changes will be communicated to you in advance.

Any applicable taxes will be added to the cost of the service or product.

All payments are final and non-refundable, except as required by law.

If a payment is declined or reversed for any reason, we may revoke your access to the paid service or product until payment is made in full.

We reserve the right to modify, suspend, or terminate any paid service or product at any time, without notice or liability.

By making a payment, you represent and warrant that you are authorized to use the payment method and that you authorize us (or our third-party payment processor) to charge the payment method for the full amount of the purchase.

 

 

Disclaimer of Liability

FitBird is provided "as is" and we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the application or the information, products, services, or related graphics contained in the application for any purpose. You acknowledge and agree that your use of the application is at your own risk.

 

To the fullest extent permitted by applicable law, we shall not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of the application. This includes, but is not limited to, injuries, medical conditions, or other harm that may result from your use of the fitness program or other features of the application.

 

We do not warrant that the application will be uninterrupted or error-free, that defects will be corrected, or that the application or the server that makes it available are free of viruses or other harmful components.

 

You agree to indemnify and hold us harmless from any claims, damages, or other liabilities arising out of your use of the application or your breach of these terms and conditions.

 

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

 

 

Termination

You may terminate your account at any time by following the instructions provided in the application. Upon termination, we will remove your account and all associated data from our systems, except as required by law or to enforce these terms and conditions.

 

We reserve the right to terminate your account at any time, with or without cause, and without notice or liability to you. If we terminate your account for a violation of these terms and conditions, we reserve the right to retain any data associated with your account for legal or compliance purposes.

 

Upon termination, you remain responsible for any outstanding fees or charges incurred prior to the termination, and you agree to pay any such fees or charges. Any provisions of these terms and conditions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

If you have any questions or concerns about these terms and conditions or the termination of your account, please contact us at [fitbird.ae@gmail.com].

 

 

Intellectual Property

The content and materials available in the application, including but not limited to text, graphics, logos, images, videos, and software, are owned by or licensed to FitBird, and are protected by intellectual property laws, including copyright and trademark laws. All rights not expressly granted to you in these terms and conditions are reserved to FitBird.

 

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the application for your personal, non-commercial use only. You may not copy, modify, distribute, sell, or transfer any content or materials from the application without our prior written consent.

 

All trademarks, logos, and service marks displayed in the application are the property of their respective owners, and may not be used without their prior written consent. You may not use any meta tags or other hidden text utilizing [FitBird]'s name or trademarks without our prior written consent.

 

If you believe that any content or materials available in the application infringe your intellectual property rights, please contact us at [fitbird.ae@gmail.com].

 

By using the application, you agree to abide by all applicable intellectual property laws, as well as these terms and conditions.

 

 

Privacy Policy

By using the application, you acknowledge and agree that FitBird may collect, use, and disclose your personal information in accordance with our Privacy Policy, which is available at [fitbirdapp.com/privacy]. The Privacy Policy explains how we collect, use, and protect your personal information, and your rights and choices with respect to your information.

 

We collect information about you when you use the application, including but not limited to your name, email address, and fitness goals. We may also collect information about your use of the application, such as your workout history, exercise performance, and progress towards your fitness goals.

 

We use your information to provide and improve the application, to personalize your experience, and to communicate with you about the application and our services. We may also use your information for research and analytical purposes, to develop and improve our products and services.

 

We take the security of your personal information seriously and have implemented reasonable technical, administrative, and physical measures to protect your information from unauthorized access, use, or disclosure. However, no security measures are perfect or impenetrable, and we cannot guarantee the security of your information.

 

If you have any questions or concerns about our Privacy Policy or the collection, use, or protection of your personal information, please contact us at [fitbird.ae@gmail.com].

 

 

Governing Law

These terms and conditions and your use of the application shall be governed by and construed in accordance with the laws of the state/country where FitBird is located, without giving effect to any principles of conflicts of law.

 

You agree to submit to the personal jurisdiction of the state/country where FitBird is located for any actions related to these terms and conditions or your use of the application.

 

If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to enforce any right or provision in these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

 

These terms and conditions, together with our Privacy Policy and any other legal notices or policies posted on the application, constitute the entire agreement between you and FitBird regarding your use of the application.