THINKFIT PRIVACY POLICY

Updated: 1st April 2020 

tHe Holistic experiment LLC (“tHe”), through its products and services, including ThinkFit (“the Service”), wants to ensure that you are aware how we collect and use information you supply to us when using our service. By accepting our Privacy Policy and Terms of Service in registering to use our service, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

If you have questions or complaints regarding our privacy policy or practices, please contact us as described in the section titled ‘Contact Us’.

INTRODUCTION

ThinkFit is a mobile and web-based tool that enables you to better manage your health and wellbeing. In this policy, “ThinkFit” refers to the products and services provided by tHe Holistic experiment LLC and its Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and under the name of “ThinKFit”. We may also refer to ThinkFit as “We” or “Us”.

This Privacy Policy describes:

  • The information We collect, how We do so and the purposes of our collection
  • How We use and with whom We share such information
  • How you can access and update such information
  • The choices you can make about how We collect, use and share your information
  • How We protect the information We store about you

If you access our Services from a third-party site, you may be required to also read and accept the third party’s terms of service and privacy policy.

 INFORMATION WE COLLECT

Information We Receive About You

ThinkFit may request and store information used to personalize the user experience as allowed by you and your preferences, such as, but not limited to:

  • your first and last name
  • your profile picture or its URL
  • your user ID number, which is linked to publicly available information such as name, profile photo, groups you belong to, events you are attending, challenges you are participating in and actions you choose to share.
  • the login e-mail you provided at the time you registered
  • your physical location and that of your access devices
  • your gender
  • your birthdate
  • your wellness objectives
  • Other information about type of employment, working hours

By using the Service you are authorizing ThinkFit to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the third party could provide to ThinkFit. Your agreement takes place when you “accept” or “allow” (or similar terms) one of our applications.

Information We Collect from You Directly

When you interact with the Service (whether or not on a third party site) We may collect and store information from you directly as described below:

Registration Information

We may allow you to “register” with Us by using our Service directly and not through a third-party site. We may provide a typical registration flow where you may be required to provide the following information: your age or birthday; your first and last names; your e-mail address; a password and other information that helps Us confirm that it is you accessing your account.

We may also offer you the option to complete a user profile that is visible to other users of our Service. Your user profile may include: a profile photo; one or more Service username(s); your gender; details about the current fitness or productivity level.

Information We Receive or Collect When You Access ThinkFit Services on a Mobile Device

If you use ThinkFit Services on your mobile telephone or other mobile device, including iPads and tablets, We collect your mobile device identifier and IP Address. In certain Services We will create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, country, and any other information you choose to provide, such as user name, character name or e-mail address.

In order to provide the best-customized service, additional information may be required to be collected, such as the equipment, tools available to you.

Payment Information

If a third party is not paying for the service on your behalf, We will collect the billing and financial information necessary to process your charges for ThinkFit Services which require payment, which may include your postal and e-mail addresses. ThinkFit may also receive the billing and payment information that you provide when your purchase is processed by another party, such as Paypal. Our Terms of Service explain our policies and terms relevant to our charges and billing practices. Please note that establishing an account with a third party payment processor, like Paypal, may also be subject to additional policies.

 

Technical and Usage Information

When you access our websites or use our Services, We collect (i) certain technical information about your mobile device or computer system, including IP Address and mobile device ID; and (ii) usage statistics about your interactions with the Service. This information is typically collected through the use of server log files or web log files (“Log Files”), mobile device software development kits and tracking technologies like browser cookies to collect and analyze certain types of technical information. Some of the cookies the Service places on your computer are linked to your user ID number(s). For more information on how We utilize cookies and other tracking technologies please review the “Cookies and Automated Information Collection” portion of Section 3 (“How We Collect Information About You”).

HOW WE COLLECT INFORMATION ABOUT YOU

We may collect information about you in any one or more of the following ways:

Information about Users and the Services they use

When you use one of our Services, ThinkFit collects and stores certain information that you provide directly or through the third party website that is offering our Service(s). To provide a richer experience, We also collect information about your interaction with the Service. The bulk of this information is collected and stored through the use of Log Files, which are files on our web servers that record actions taken on our Services and websites.

Communications Features

You may be able to take part in certain activities on our Services that give you the opportunity to communicate or share information not just with ThinkFit, but also with other users of our Service. These include:

  • participating in forums and message boards
  • posting public comments to other users’ profiles or on a stream
  • sending private messages or invitations to other users, either directly on our websites or to their e-mail accounts
  • chat with other users
  • posting photos
  • linking certain actions to other social media outlets such as Facebook, Twitter, Linkedin, etc.

We may record and store archives of these communications on ThinkFit’s servers or alternatively on a third-party service provider’s servers, to protect the safety and wellbeing of our users and ThinkFit’s rights and property in connection with the service. If your activities take place on third party sites then your communications may be stored on those sites and are subject to the privacy policies of those third-party sites. You acknowledge and consent to the recording and storage of such communications for these purposes.

Cookies and Automated Information Collection

When you access the Service, We collect certain technical information in order to (i) analyze the usage of our sites and services; (ii) provide a more personalized experience; and (iii) manage testimonials.

You can set your web browser to warn you about attempts to place cookies on your computer or limit the type of cookies you allow.

Other Sources

We may collect or receive information from other sources including third-party information providers. This information will be used to supplement your profile – primarily to help you and your friends connect. It will be combined with other information We collect.

 

HOW WE USE THE INFORMATION WE COLLECT

In general, We collect, store and use your information to provide you with a safe, smooth, efficient, and customized experience. For example, We may use information collected from you in any one or more of the following ways:

  • to create your user accounts and allow you to use our Services
  • to identify and suggest connections with other ThinkFit users
  • to suggest relevant activities and events
  • to enable user-to-user communications
  • to provide technical support and respond to user inquiries
  • to prevent fraud or potentially illegal activities, and enforce our Terms of Service
  • to deliver and target resources
  • to notify users of updates
  • to solicit input and feedback to improve ThinkFit products and services and customize your user experience

One important use of your information is communication. If you have provided your e-mail address to ThinkFit, We’ll use it to respond to (i) customer support inquiries, and (ii) keep you informed of your activity, including comments and invites from friends. Some messages, such as invites for friends to join you, may include your name and profile photo. We may also send promotional e-mail messages (“Promotional Communications”) directly or in partnership with parties other than ThinkFit. Each Promotional Communication will generally offer recipients choices about receiving additional messages.

 

SHARING OF YOUR INFORMATION

We will share your information (in some cases personal information) with third parties, that is parties other than ThinkFit, in the following circumstances:

Third-Party Service Providers

We will provide your information to third party companies to perform services on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service and to assist Us in our marketing efforts. We direct all such third-party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on ThinkFit’s behalf.

Third Parties that Have Purchased ThinkFit on Your Behalf

We will provide information for aggregate reporting to third party companies who have purchased ThinkFit Services on your behalf, including aggregate participation in events, aggregate interests, aggregate health conditions, aggregate wellness objectives, improvements in aggregate health statistics. Our collection, use, and disclosure of anonymous or aggregated information are not subject to any of the restrictions in this Privacy Policy.

For ThinkFit provided by an insurance carrier user explicitly agrees to share personal data provided to ThinkFit through the application and related connected devices with the insurance carrier for the sole purpose of the insurance carrier to provide valuable personalized advice and products, based on the information collected.

SAFETY, SECURITY AND COMPLIANCE WITH LAW

Your information and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of ThinkFit, including to enforce our Terms of Service.

SALE OR MERGER

In the event that ThinkFit undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, We may transfer all of your information, including personal information, to the successor organization in such transition. If material changes to ThinkFit’s privacy practices will occur as a result of the business transition, We will notify you and other users (in the manner described in Section 12) of the business transition prior to transferring your personal information.

OUR POLICIES CONCERNING CHILDREN

Our Services are not intended for children under the age of 13 and We do not knowingly collect any personal information from such children. Children under the age of 13 should not use our Services at any time. In the event that We learn that We have inadvertently gathered personal information from children under the age of 13, We will take reasonable measures to promptly erase such information from our records.

HOW TO ACCESS AND UPDATE YOUR INFORMATION

Information We Receive From a third party site when You use Our Service

To manage the information ThinkFit receives about you from a third-party site where you use our Services, you will need to follow the instructions at that site for updating your information and changing your privacy settings. You can manage certain aspects of information collection and use by going to the settings of your (mobile) device and reviewing the permissions of each application.

Once ThinkFit receives your information from a third party site, that information is stored and used by ThinkFit in accordance with this Privacy Policy, and you may access and update that information as described below. User accounts created with ThinkFit are considered active until We receive a user request to delete them or deactivate them.

Other Methods of Accessing and Controlling your Information

If you no longer want ThinkFit to make active use of your information, you may send an e-mail to hello@thinkfit.app. Place “Delete My Account” in the subject line and include your first name, last name, e-mail address and user ID number for the third-party site from which you access our Services (if applicable) in the body of the e-mail. We will respond to your request within thirty (30) days. Please note that certain records, for example, those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content on the Service, We may not be able to delete it.

If you wish to review or change the information ThinkFit has about you, e-mail Us at the address provided herein.

If you have additional questions about this Privacy Policy, contact Us at hello@thinkfit.app.

YOUR SHARING AND MESSAGING OPTIONS

Information We Receive from Third Party Sites Where You use a ThinkFit Service

If you use our Services at a third-party site, ThinkFit will be able to access and store profile and other information about you as described above. The categories of information you share with Us will depend, in part, on the permissions, you grant Us and the privacy settings you have established at the third party site where you access the application. ThinkFit does not offer an “opt-out” option for specific fields that are shared by the third-party site where you access and use the Service(s).

Opting Out of Other Communications

When you install our apps on your mobile device you can choose to receive push notifications. You can turn off push notifications by visiting the “options” or “settings” page within the relevant Service. You may also receive local notifications. You can turn off local notifications by visiting the “options” or “settings” page within the relevant Service.

We may e-mail or communicate with you from time to time if We need to provide you with information or if We need to request information from you with respect to a transaction initiated by you or for other legitimate non-marketing reasons.

SECURITY OF YOUR INFORMATION

ThinkFit implements reasonable security measures to protect the security of your information both online and offline, and We are committed to the protection of customer information. In the event that We are aware of a breach of information We will inform you and your employer of the breach.

For user accounts registered directly with ThinkFit profile information is protected by the password each member uses to access their online account. It is important that you protect and maintain the security of your account and that you immediately notify Us of any unauthorized use of your account. If you forget the password to your ThinkFit account, the website allows you to request that instructions be sent to you that explain how to reset your password. When you sign in to your account or enter payment information (such as a credit card number when purchasing virtual currency), We encrypt the transmission of that information using secure socket layer technology (“SSL”).

While We take reasonable precautions against possible security breaches of our websites and our customer databases and records, no website or Internet transmission is completely secure, and We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. If your third-party site account is hacked, this may lead to unauthorized use of ThinkFit Service you have registered to use, so be careful to keep your account information secure. If you have questions about the security of our websites, please contact Us at hello@thinkfit.app.

Unfortunately, the transmission of information over the Internet is not completely secure. Although We strive to protect your personal data, We cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once We have received your information, We have procedures and security features in place to try to prevent unauthorized access.

FOREIGN USE OF THE SERVICE

To the extent that you are accessing the Service while domiciled outside of the United States, you acknowledge that the Personal Information you are providing Us is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States.

CALIFORNIA USER CONSUMER RIGHTS

In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov. If you have questions about this policy, please contact us at hello@thinkfit.app.

CHANGES TO OUR PRIVACY POLICY 

If We decide to make material changes to our Privacy Policy, We will notify you and other users by placing a notice on myThinkFit.com or by sending you a notice to the e-mail address We have on file for you. We may supplement this process by placing notices in our Services. You should periodically check myThinkFit.com and this privacy page for updates.

RIGHT TO ACCESS

Users in certain jurisdictions have a right to access personal information held about themselves. Your right of access can be exercised in accordance with applicable law. Please submit any requests for access to your personal data in writing to hello@thinkfit.app.

CONTACT US

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to hello@thinkfit.app. All other inquiries should be directed to ThinkFit’s Feedback Page or hello@thinkfit.app.

THINKFIT TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE VERY CAREFULLY BEFORE USING THE THINKFIT SERVICES.

  1. LICENSE

1.1. Governing Agreement

These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, tHe Holistic experiment LLC, based in Houston, TX in 1321 Upland Dr. #5572 – 77043 USA (hereinafter referred to as “us” or “we”) regarding your use of ThinkFit mobile app and websites (the “Service”). 

1.2. Privacy Policy

Use of the Service is also governed by ThinkFit’s Privacy Policy, which is available at the thinkFit website. Your privacy is important to Us and Our Privacy Policy explains how we collect and use your content and information and how you can use the Service to share such information with others. By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in our Privacy Policy.

1.3. Updates to the Terms of Service and Privacy Policy

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on ThinkFit’s website. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use any of ThinkFit’s Services. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. ThinkFit may also revise other policies, codes or rules at any time, and the new versions will be available on ThinkFit’s website and/or on the Services. If at any point you do not agree to any portion of our Terms of Service, our Privacy Policy, or any other policy, rule or code of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service. To the extent the Terms of Service or Privacy Policy conflict with any other ThinkFit terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Privacy Policy shall govern.

1.4. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant ThinkFit policies, ThinkFit grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations contained in these Terms of Service, to access and use the Service solely for your own non- commercial purposes. You agree not to use the Service for any other purpose.

1.5. Accessing the Service

Before accessing or using the Service, including browsing any ThinkFit website, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). If you are a minor, you represent that your legal guardian has reviewed and agreed to these Terms on your behalf. You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.

1.6. Use of the Service

You acknowledge that ThinkFit is a voluntary service. We are not a medical organization and will not give you any medical advice or diagnosis. Our purpose is to help users record what they eat and exercise, track their health and fitness progress, schedule events and motivate other users. The information available through this Service and from any other service provided to you directly by ThinkFit or a third party working with ThinkFit should not be used to make any medical diagnose, and is only to be used for educational purposes. The Service should not be used for medical advice or opinions, nor does it contain medical advice or opinions. Always consult with a doctor before starting a diet or fitness program. Consult a recognized medical professional if any training or dieting is causing pain or serious discomfort. We cannot guarantee any health, weight and/or fitness results or improvements as a result of using the Service. The following restrictions apply to the use of the Service: a. If you are a minor you must have permission of your adult guardian and have them agree to ThinkFit’s Terms of Service on your behalf; b. If you have a condition that requires medical treatment, or are pregnant and/or breastfeeding/lactating, have an eating disorder, you may not use the Service without an approval from your physician or other licensed health adviser; c. You shall not have more than one Account any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself; d. You shall not have an Account or use the Service if you have previously been removed by ThinkFit, or have been banned by Us from participating in any Service; e. You shall use your Account only for non-commercial purposes; f. You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone; g. You shall not use your Account to engage in any illegal conduct including the unauthorized distribution of copyrighted material; h. You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Our written permission; i. You shall not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Our permission; and j. If you access the Service from your employer’s account you shall comply with your employer’s terms of service/use as well as these Terms of Service. You must immediately stop using the Service if you are not able to comply with the foregoing restrictions.

1.7. Account Information

When creating or updating an Account on the Service, you are required to provide Us with the personal information described below and this information will be held and used in accordance with Our Privacy Policy. You agree that you will supply accurate and complete information to establish your Account and that you will update that information promptly after it changes. You understand that on certain use your user ID number, name and profile picture will be publicly available and you consent to this information being publicly available.

1.8. Username and Password

When you create an Account you will be required to provide: i) your legal full name; ii) a valid email address; iii) create a password; and iv) include any other information requested in order to create your Account (“Login Information”). The following rules govern the security of your Login Information: a. You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account; b. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and, at the same time, modify your Login Information; c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; d. If your account has been terminated for any reason, you may not re-register as a member without prior written consent of your company, which may or may not be granted, at the sole discretion of ThinkFit; e. You are responsible for all Content and activity that occurs through your Account. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

 

  1. OWNERSHIP

2.1. Service

The Service (including without limitation any graphics, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, transcripts, character profile information, recordings) are copyrighted works owned by tHe Holistic experiment LLC or licensed to ThinkFit. ThinkFit reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THINKFIT. THINKFIT RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

2.3. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through any Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by ThinkFit in accordance with Our Privacy Policy. You hereby grant ThinkFit a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content ends when you delete your User Content or you close your Account unless your User content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

 

  1. UPDATES TO THE SERVICE

You understand that the Service is an evolving one. ThinkFit may require that you accept updates to the Service. You acknowledge and agree that ThinkFit may update the Service with or without notifying you. You may need to update third party software from time to time in order to continue receiving the Service.

 

  1. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION

4.1. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THINKFIT NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “THINKFIT PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

4.2. Limitations; Waivers of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE THINKFIT PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE THINKFIT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE THINKFIT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL THE THINKFIT PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU, OR A THIRD PARTY ON YOUR BEHALF, HAVE PAID THINKFIT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU, OR A THIRD PARTY ON YOUR BEHALF, HAVE NOT PAID ThinkFit ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ThinkFit IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.

4.3. Indemnification

You agree to indemnify, save, and hold tHe Holistic experiment, ThinkFit, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners are harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. tHe Holistic experiment reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify tHe Holistic experiment, and you agree to cooperate with tHe Holistic experiment defence of these claims. tHe Holistic experiment will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

 

  1. GENERAL PROVISIONS

5.1. Severability

You and ThinkFit agree that if any portion of these Terms of Service or of the ThinkFit Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

5.2 Applicable law and Place of jurisdiction

The relationship between the parties is governed exclusively by Italian law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply. If you do not have a place of general jurisdiction in Italy or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.

5.3. Assignment

ThinkFit may assign or delegate these Terms of Service and/or the ThinkFit Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without ThinkFit’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

5.4. Supplemental Policies

ThinkFit may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

5.5. Entire Agreement

These Terms of Service, any other applicable ThinkFit policies and any documents expressly incorporated by reference herein (including the ThinkFit Privacy Policy), contain the entire understanding of you and ThinkFit and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

5.6. No Waiver

The failure of ThinkFit to require or enforce strict performance by you of any provision of these Terms of Service or the ThinkFit Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of ThinkFit’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by ThinkFit of any provision, condition, or requirement of these Terms of Service or the ThinkFit Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by ThinkFit shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of ThinkFit.

5.7. Notices

We may notify you via postings on www.thinkfit.app, and via email or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the ThinkFit Privacy Policy shall be in writing and addressed to: 1321 Upland Dr. #5572 – 77043 USA. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

5.8. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to ThinkFit are of a unique and irreplaceable nature, the loss of which shall irreparably harm ThinkFit and which cannot be replaced by monetary damages alone so that ThinkFit shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of any Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2 (if any).

5.9. Force Majeure

ThinkFit shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ThinkFit, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ThinkFit’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

5.10. Customer Service and Technical Support

Customer service and technical support are available via email at hello@thinkfit.app.

5.11. Distribution of Third-Party Content

ThinkFit is a distributor (and not a publisher) of content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users are those of the respective author(s) or distributor(s) and not of ThinkFit. Neither ThinkFit nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

5.12. Extension of Benefits

Customer agrees that the rights and benefits of ThinkFit pursuant to Sections 1.2 and 5 as well as any indemnity, any limitation of liability and any consent granted by the Customer to ThinkFit hereunder shall also extend to your employer, if your employer pays for your access to this Service which is, solely for the purposes set out in this Section 5.12 and the Sections of this Agreement referred to in this Section 5.12, a party to this Agreement.

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