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TERMS OF SERVICE

 

 

BY USING THE ACTOFIT SERVICE OR ORDER SERVICE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND BY THE ACTOFIT’S PRIVACY POLICY (DEEMED TO BE INCORPORATED BY REFERENCE). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE ACTOFIT SERVICE OR THE ORDER SERVICE.

 

Actofit designs products and tools that track everyday health and fitness to empower and inspire users to lead healthier, more active lives. These Terms of Service (“Terms”) govern your use of our personal fitness and electronic body monitoring products; our websites, including www.actofit.com; the software embedded in Actofit devices (“Device”), the Actofit Connect software, the Actofit mobile applications, memberships and other Actofit services (collectively, the “Actofit Service”).

 

You must accept these Terms to create an Actofit account and to use the Actofit Service. If you do not have an account, you accept all of these Terms by visiting www.actofit.com or using any part of the Actofit Service. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.ACTOFIT.COM OR USE THE ACTOFIT SERVICE.

 

These Terms May Change

 

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.actofit.com. We will notify you by email, through the Actofit Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Actofit Service after a modification is posted, you are telling us that you accept the modified terms.

 

Read Our Privacy Policy [www.actofit.com/privacy_policy]

 

Any information that Actofit collects through your use of the Actofit Service is subject to the Actofit Privacy Policy (“Privacy Policy”), which is part of these Terms.

 

Who Can Use Actofit?

 

You may use the Actofit Service if you are of age majority to contract as per the applicable laws in Your jurisdiction.

 

Orders

 

When you place your order, we collect certain information from you. This information is governed by the Privacy Policy, which is incorporated in these terms by reference. Orders are subject to the following shipping Terms:

 

  1. You represent that the credit card or debit card information that you supply is true, correct and complete (“Payment Method”);

 

  1. You agree to pay the amount stated for the Device that you have ordered and that Actofit is authorized to charge your payment card at the time of order for all fees and charges due and payable to Actofit, using our third party credit card payment gateway merchant;

 

  1. You agree that no additional notice or consent is required before Actofit charges your Payment Method;

 

  1. You agree to immediately notify Actofit at [accounts@actofit.com] of any change in your Payment Information associated with the Payment Method and if your Payment Method is invalid for any reason, declined, or charged back, or if we do not receive payment, we will cancel your order and you will be required to immediately return your Device; and

 

  1. You agree to pay all fees and charges incurred in connection with your orders a (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes or import duties on customs any other taxes of an indirect nature) at the rates in effect when your Payment Method is charged.

 

Shipment

 

When you place your order, we will email you a projected shipping date (“Ship Date”). If for any reason, the Device is unavailable by your Ship Date, Actofit will inform you by email of such delay and you may either (i) cancel your order, in which case your credit card will not be charged; or (ii) you may consent to such delay by responding to the email, in which case, Actofit will provide you with a revised Ship Date. You agree that cancelling any order is your only remedy for any delay or failure to meet the Ship Date.

 

You shall notify us in writing within five (5) days after we charge your Payment Method, if you dispute any of our charges or such dispute will be deemed waived. All notices regarding billing disputes must be sent to the following address: [accounts@actofit.com]

 

Disclaimer of Warranties

 

  1. All sales of Devices are subject to Actofit’s then-current return policies, as posted on the Website;
  2. All Devices sold by Actofit are subject to the written limited warranty terms, if any, that accompany such product;
  3. All Devices shall be shipped from Actofit’s designated point of shipment, and title and risk of loss to each shipment of the Devices shall pass to you when Actofit makes such shipment available to a carrier, you may choose to insure the shipment, Actofit under no circumstances assumes a liability for loss of shipment in transit or theft or other unforeseeable events.

 

Creating an Account

 

Full use of the Actofit Service requires that you create an account by providing us with a valid email address and 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.

 

We may need to contact you about your use of the Actofit Service. These communications are part of the Actofit Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.

 


 

Necessary Equipment

 

Full use of the Actofit Service is dependent upon your use of a computer with adequate software or 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.

 

Posting Your Content on The Actofit Service

 

You may post photos, exercise regimens, food logs, recipes, comments, and other content (“Your Content”) to the 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 grant to Actofit a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing 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 also represent and warrant that Your Content and the use and provision of Your Content on 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 also agree that Your Content will comply with the following community guidelines:

 

  1. Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return;
  2. Do not post profane or explicit content;
  3. Do not post profile pictures that might be considered inappropriate;
  4. Do not post communications that could be interpreted as threatening or harassing; and
  5. Do not post, advertise, or promote products or services commercially.

 

Actofit’s Rights

 

Actofit Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Actofit Service to you. Except for Your Content, Actofit Content, the Actofit Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. 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.

 


 

What You Can Do On The Actofit Service

 

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

 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, 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.

 

Things You Cannot Do On The Actofit Service

 

Except to the extent permitted by law, you may not do 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, Actofit’s name, any Actofit trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Actofit’s express written consent; (2) access or tamper with non-public areas of the Actofit Service, Actofit’s computer systems, or the technical delivery systems of Actofit’s providers; (3) test the vulnerability of any Actofit system or breach any security or authentication measures; (4) 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 or Actofit Content; (5) access the Actofit Service or Actofit Content through the use of any mechanism other than through the Actofit Service or Actofit API; or (6) 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. (7) You are not supposed to use health information provided through Actofit services for the purpose of personal medical condition diagnosis.

 

 

Our Enforcement Rights

 

We are not obligated to monitor access or use of the Actofit Service, Actofit Content, or Your Content or to review or edit any Actofit Content or Your Content, but we have the right to do so for the purpose of operating the Actofit Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Actofit Service, any Actofit Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Actofit Content, Your Content, or your use of the Actofit Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Actofit Service.

 

Use The Actofit Service 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, services or recommendations. We are not responsible for the accuracy, reliability, 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. If you rely on any Actofit Content or the Actofit Service, you do so solely at your own risk.

 

Consult Your Doctor Before Using The Actofit Service

 

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. If you start to experience redness or skin irritation on your wrist, stop using the Device till you consult a qualified medical professional. Actofit assumes no liability if you continue to use the Device without consulting a qualified medical professional.

 

Use Common Sense

 

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 Actofit product or service.

 

Copyright Policy

 

Actofit respects copyright law and expects its users to do the same. It is Actofit’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.

 

Additional Policies Apply To Product Orders

 

Actofit’s  Warranty applies to purchases made through websites or the Actofit store. All orders placed are subject to Actofit’s acceptance. We may accept, decline, or place limits on your order for any reason.

 

Feedback and Submissions Policy

 

If you submit comments, ideas, or feedback to us, you agree that we can use 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.

 

Terms Specifically Related to Our Premium Actofit Membership

 

Additional terms and conditions apply to the Premium Actofit membership, which will be mailed separately to Actofit’s subscribers on subscribing to premium services.

 

Contests and Giveaways

 

Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Actofit and its partners. It is your responsibility to carefully review those terms and conditions.

 


 

You Agree to Receive Alerts and Notifications

 

As part of your use of the Actofit Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

 

We Are Not Responsible For Third-Party Links on The Actofit Service

 

The Actofit Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Actofit’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.

 

Actofit Does Not Control Third-Party Services That You Link With Your Actofit Account

 

The Actofit Service may provide the opportunity for you to link your Actofit account, Actofit data, or the Actofit Service with Third-Party Services. Although we offer this opportunity, you acknowledge that any Third-Party Services that you use in connection with the Actofit Service are not part of the Actofit Service. You 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.

 

Changes To The 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.

 

Termination

 

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the Actofit Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Actofit Service; Actofit’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Actofit Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.

 

Disclaimers

 

THE ACTOFIT SERVICE AND ACTOFIT CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM 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 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 any Actofit Content. You acknowledge and agree that if you rely on any Actofit Content or the Actofit Service, you do so solely at your own risk.

 

Indemnity

 

You will indemnify and hold harmless Actofit and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and 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, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. 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.

 

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. 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.

 

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 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.

 

Dispute Resolution

 

You agree that any dispute between you and Actofit arising out of or relating to these Terms of Service, the Actofit Service, or any other Actofit products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

 

Governing Law & Jurisdiction: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of India. All Disputes are confined to the exclusive jurisdiction of courts in Mumbai.

 

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Actofit, you agree to try to resolve the Dispute informally by contacting support@actofit.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Actofit may bring a formal proceeding.

 

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Actofit products or Actofit Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

 

Force Majeure

 

Actofit will not be liable for non-performance or delay in performance caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any other acts beyond Actofit’s reasonable control.

 

General Terms

 

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Actofit and you regarding the Actofit Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Actofit and you regarding the Actofit Service and Actofit Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

You may not assign or transfer these Terms, by operation of law or otherwise, without Actofit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Actofit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Actofit under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Actofit Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

 

Actofit’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Actofit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Additional Terms May Apply

 

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

 


 

Contact Us

 

Please contact us if you have any questions about these Terms.

support@actofit.com

 

25-26 Green Heritage,

Sector 20 Kharghar,

Navi Mumbai - 410210

India