At FitAnalytica, our goal is to support our users on their fitness journeys and provide the best possible experience. To achieve this, we have updated our Terms & Conditions (“T&C”) which clearly outline rights, responsibilities, and most importantly, our privacy policy.
Disclaimer: Your health is extremely important to us. ALWAYS consult your doctor about your physical behavior. FitAnalytica is neither a substitute for your doctor, nor responsible for your behavior. The products from FitAnalytica, regardless whether they are provided by FitAnalytica directly, or by its partners and users, are not meant to supplement, let alone to replace, the information provided by doctors or pharmacies. By accepting these T&Cs, you confirm that you are solely responsible for your health.
Prerequisites: Neither the registration nor the use of the complete spectrum of FitAnalytica Products shall be possible without consent to these T&C. These T&C apply to all points of access, including (sub-)domains and mobile applications, for FitAnalytica Products. In particular, the FitAnalytica online offering will be accessible via FitAnalytica.com.
SUBJECT OF THE AGREEMENT
Applications for the Web, Apple iPhones, Android phones, and other smartphones and devices on a global scale, that can be used both isolated on the smartphone as well as in connection with our server. Subject to the user's consent, the relevant data is transmitted from the smartphone to our server. Thus, the user hereby confirms the user's knowledge that, as a result of the transmission of data from the smartphone to our server, results in data charges levied by mobile carrier(s) and will have to be borne by the user. Additional terms and condition on the part of the mobile phone providers apply.
REGISTRATION
For purposes of registration, the user shall provide the details requested by the registration form. Mainly, the first name, last name, date of birth and other required details, completely accurately such details are marked as voluntary. Registration is only possible by using the user's civil name, i.e., the use of fantasy names or pseudonyms is not possible; or Via adoption by FitAnalytica of registration details provided by the user in the social networks like Facebook or Google; Registration via Google Sign-In or Apple Sign-In requires the user to confirm that the selected details, which the user previously provided on Facebook or Google, shall be adopted by FitAnalytica. By registering, the user confirms his/her knowledge and understanding of the content of these T&C as well as that all the registered/registration data is true, accurate, current, and complete and he/she will keep all the information up to date. Following successful registration, the user (then the “Registered User”) can log on to the Platform through logging in via Google Sign-In or Apple Sign-In.
DELETION OF ACCOUNT
By this T&C, the user has the reserved right to request for the deletion of their FitAnalytica account. Once the user acknowledges and confirms the deletion with FitAnalytica, all the information, credentials and other data collected from that user, will be permanently wiped from the database along with their login permissions revoked from the servers, and the user will be unregistered from FitAnalytica.
RIGHTS OF FITANALYTICA
FitAnalytica reserves the right to reject any user without giving reasons. In this event, any transmitted details will be deleted promptly. If you provide any information that is untrue, inaccurate, not current or incomplete, or FitAnalytica has reasonable grounds to suspect that and thus has the right to suspend or terminate your account immediately, without prior notice. In any event, FitAnalytica reserves the right to contact you at any time to verify your registration data.
USER IDENTITY
FitAnalytica is not responsible for the actual identity of the user, since personal identification via the internet is limited.
GENERAL TERMS AND CONDITIONS FOR ALL USERS:
1. Fraud protection: You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at care@fitanalytica.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk. FitAnalytica has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.
2. Changes to the Apps: FitAnalytica reserves the right to change any option(s) or feature(s). In most cases, FitAnalytica makes changes to the Apps to enhance or improve them.
3. Discontinuation of application(s): FitAnalytica reserves the right to discontinue one or more apps which were created by FitAnalytica. All users will be given prior notice of the discontinuation of any application(s). Please note that during this period, the two following limitations apply: 1. It may not be possible to download the said application on another device. 2. FitAnalytica may not update the application during this period. This means that if the operating system of your device is updated or if other relevant third party technical services change during this period, it may not be possible to use the application any longer. FitAnalytica assumes no liability for these.
4. User's Termination of Application Right: Each user whether registered or not, has the right to terminate usage from any application provided by FitAnalytica. That said, if the said user requests FitAnalytica for the deletion of their FitAnalytica account, they must agree to the consequences of the deletion and verify their action. Upon confirming, their information (and only that user’s information) will be wiped from the database permanently, and will be unregistered from FitAnalytica.
5. FitAnalytica's Termination Right: Additionally, FitAnalytica reserves the right to terminate a user's membership for important reasons, such as due to gross breaches of the user's obligations as set forth in these T&C and ancillary agreements, if any.
6. Medical Advice: The use of any software or hardware offered by FitAnalytica is no substitute for the consultation by any specialized doctor about the health of the user.
7. External Content: Additionally, FitAnalytica does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. FitAnalytica does not make any representations or warranties with respect to products or services of third party providers.
INDEMNIFICATION BY USERS: The user shall indemnify FitAnalytica for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to or any of the applications from FitAnalytica by such user or as a result of any other usage by such user of applications available from FitAnalytica. The user shall bear the costs of any legal proceedings, in which FitAnalytica may be involved in connection with such claims, including all court costs and attorney's fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
SUPPORT: In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to FitAnalytica all information available to such user that may be necessary to verify such claim and defend against it.
Last updated: 31-Mar-2023