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Actofit’s aim is to help our customers with living better lives. Our products and services provide instant access to fitness data so you can track your progress, push your limits and take control of your fitness regimen. These Terms of Service (“Terms”) apply to your access and use of the Actofit Service, which is provided to you by Oxstren Wearable Technologies Private Limited, a company incorporated under the laws of Republic of India – identified with its brand name Actofit (“Actofit”). The “Actofit Service” includes our devices including associated firmware, applications, software, websites, APIs, products, and services. Actofit and its affiliates are referred to as “Actofit,” “we,” “us,” or “our” in these Terms.

You must accept these Terms to create an Actofit account and to access or use the Actofit Service. If you do not have an account, you accept these Terms by using any part of the Actofit Service. If you do not accept these terms, do not create an account or use the Actofit Service.

  1. Privacy Policy

For information about our data practices, please see our Privacy Policy, including our ‘cookie use’ within the said Privacy Policy. By accessing or using the Actofit Service, you agree that we can collect and use your information in accordance with the Privacy Policy.

  1. Actofit Service

Persons under the age of 18, or the equivalent minimum age in the relevant jurisdiction, are not permitted to access or use the Actofit Service unless their parent / legal guardian has consented in accordance with their applicable law. You cannot access or use the Actofit Service if you are barred from receiving similar services under applicable law or have previously been suspended or removed from the Actofit Service.

You may only connect to the Actofit Service using (i) a device that is manufactured, distributed, or sold by Actofit itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the Actofit Service with any device that is not manufactured, distributed, or sold by Actofit itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Actofit device); otherwise intends to resemble or purports to be a Actofit device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Actofit Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact support@actofit.com.

  1. Creating an Account

Full use of the Actofit Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Actofit is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Actofit’s customer support if you discover or suspect any security breach related to the Actofit Service or your account.

  1. System Requirements

 Full use of the Actofit Service is dependent upon your use of a supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the Actofit Service and it is your responsibility to ensure the equipment’s functionality.

  1. Your Content

Actofit may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via Actofit Service. You retain all rights to Your Content that you post to the Actofit Service. By making Your Content available on or through the Actofit Service you hereby grant to Actofit a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this section are only for the limited purpose of offering and improving the Actofit Service.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. 

You represent and warrant that Your Content, the use and provision of Your Content on the Actofit Service, and your use of the Actofit Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Actofit Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Actofit Service, or which may expose us or our users to any harm or liability of any type.

Actofit may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Actofit Service.

  1. Our Content

Actofit Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Actofit Service. Actofit Content, the Actofit Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Republic of India and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Actofit Service. Our logos and any other Actofit trademarks that may appear on the Actofit Service, and the overall look and feel of the Actofit Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Actofit Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

  1. What you can do with Actofit Service

The Actofit Service is intended for your personal, non-commercial use.

 Actofit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Actofit Service, (2) access and view the Actofit Content, (3) access and use the software and mobile applications provided by the Actofit Service, and (4) use the software that is embedded into Actofit devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of the Actofit Service as permitted in these Terms.

You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Actofit Content, Actofit Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Actofit or its licensors, except for the licenses and rights expressly granted in these Terms.

 Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Actofit Service: (1) use, display, mirror, or frame the Actofit Service or any individual element within the Actofit Service, including the layout and design of any page, without Actofit’s express written consent; (2) use Actofit’s name, any Actofit trademark or logo, or any Actofit proprietary information without Actofit’s express written consent; (3) access or tamper with non-public areas of the Actofit Service, Actofit’s computer systems, or the technical delivery systems of Actofit’s providers; (4) test the vulnerability of any Actofit system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Actofit or any of Actofit’s providers or any other third party (including another user) to protect the Actofit Service; (6) access the Actofit Service or Actofit Content through the use of any mechanism other than through the use of an Authorized Connection, Actofit Service, or Actofit API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Actofit provides to you or any other part of the Actofit Service.

  1. Use of Actofit Service at Your Own Risk

If you rely on any Actofit Content or the Actofit Service, you do so solely at your own risk.

Our goal is to provide helpful and accurate information on the Actofit Service, but we make no endorsement, representation, or warranty of any kind about any Actofit Content, information, or services. The accuracy of the data collected and presented through the Actofit Service is not intended to match that of medical devices or scientific measurement devices. 

We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Actofit Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.

Use of the Actofit Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the Actofit Service.

  1. Consult Your Doctor before Using Actofit Service / Device

The Actofit Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Actofit Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Actofit Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Actofit Service. If you engage in any exercise program you receive or learn about through the Actofit Service, you agree that you do so at your own risk and are voluntarily participating in these activities.

  1. Copyrights

Actofit respects the intellectual property of others and expects its users to do the same. It is Actofit’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.

  1. Terms of Sale, Returns and Warranty

Actofit’s Terms of Sale and Returns and Warranty Policy apply to purchases made from Actofit. The Terms of Sale are incorporated into and made a part of these Terms. All orders placed are subject to Actofit’s acceptance. We may accept, decline, or place limits on your order for any reason.

  1. Feedback

If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Actofit, or obtained from sources other than you.

  1. Third-Party Content

The Actofit Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Actofit’s control. This may include the opportunity for you to link your Actofit account, Actofit data, or the Actofit Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Actofit Service, such as third party applications accessed on Actofit devices, are not part of the Actofit Service and are not controlled by Actofit, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Actofit Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

  1. Changes to Actofit Service

Actofit may change or discontinue, temporarily or permanently, any feature or component of the Actofit Service at any time without notice. Actofit is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Actofit Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Actofit products without prior notice to you.

  1. Termination

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Actofit Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Technical Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the Actofit Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18 and 22.

  1. Disclaimer of Warranties

THE ACTOFIT SERVICE AND ACTOFIT CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE ACTOFIT SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Actofit Service or Actofit Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Actofit Service or any Actofit Content.

  1. Indemnity

You will indemnify and hold harmless Actofit or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Actofit Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  1. Limitation of Liability

NEITHER ACTOFIT, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ACTOFIT SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE ACTOFIT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACTOFIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL ACTOFIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE ACTOFIT SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO ACTOFIT FOR USE OF THE ACTOFIT SERVICE OR ONE HUNDRED UNITED STATES OF AMERICA DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ACTOFIT, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACTOFIT AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. Severability

We have taken every effort to ensure that this Privacy Policy adheres with the applicable laws. The invalidity or unenforceability of any part of this Privacy Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy.

  1. Exclusion

This Policy shall not be applicable to any information other than the information collected by us through the Website. This Policy shall not apply to any unsolicited information you provide us either through this Website or through any other means. All unsolicited information shall be deemed to be non-confidential and the Company shall be free to use and/ or disclose such unsolicited information without any limitations.

  1. Governing Law and Dispute Resolution

This Policy shall be governed by and construed in accordance with the laws of India. The courts at Mumbai-Maharashtra, Republic of India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Privacy Policy.

  1. No Waiver

The rights and remedies available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

Contact

If you require any information or clarification regarding the use of Your Personal Information or this Privacy Policy, you can contact us at legal@actofit.com.

If you have grievance with respect to use of your Personal Information, please write to legal@actofit.com.

The Actofit is a company based in India. By browsing/using Actofit’s Site / Device / App or Service, you hereby acknowledge that Actofit is not responsible or liable in any manner to comply with any local laws of your territory except India.