Terms of service
Limited Product Warranty
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 the 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.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.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- A device that is manufactured, distributed, or sold by Actofit itself or through its authorized resellers or agents;
- our mobile applications and software, or approved third-party applications, software, or devices; or
- our websites (“Authorized Connections”).
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.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.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- 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;
- violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- be fraudulent, false, misleading, or deceptive;
- be defamatory, obscene, pornographic, vulgar, or offensive;
- promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- be violent or threatening or promote violence or actions that are threatening to any person or entity; or
- promote illegal or harmful activities or substances.
- 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;
- use or attempt to use another user’s account without authorization, or impersonate any person or entity;
- harvest, solicit or collect information from other users for any reason whatsoever, including, without limitation, for sending unsolicited communications;
- 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
- 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.
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 the 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.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- access and use the Actofit Service,
- access and view the Actofit Content,
- access and use the software and mobile applications provided by the Actofit Service, and
- use the software that is embedded into Actofit devices as authorized in these Terms.
- 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;
- use Actofit’s name, any Actofit trademark or logo, or any Actofit proprietary information without Actofit’s express written consent;
- access or tamper with non-public areas of the Actofit Service, Actofit’s computer systems, or the technical delivery systems of Actofit’s providers;
- test the vulnerability of any Actofit system or breach any security or authentication measures;
- 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;
- 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
- 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.