THINKFIT TERMS AND CONDITIONS
Posted Sept. 25th 2021
Welcome to ThinkFit!
At ThinkFit (hereinafter referred to as “us” or “we”), we focus on helping you track and manage your health and fitness through our ThinkFit mobile app and websites (the “Service”). You can be assured that we have your best interests at heart!
These TERMS AND CONDITIONS (“Terms”) set out the rights and obligations of all users (“You”) regarding the use of the service. By using the service, you represent and warrant that you have the authority to be bound to these Terms. If you do not agree to these terms, then you may not access or use the service.
Please read the terms thoroughly and carefully.
1. THE SERVICE
- 1.1. Through our service, we help users to be more productive, efficient and effective in task management, and at the same time taking care of their body and mind, by adding physical movement and mindfulness exercises to their daily routine. We also provide access through the Store to other services and products (internal or Third Party) aimed at the general Wellbeing or the person.
- 1.2. When you use 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. 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.
- 1.3. 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.
- 1.4. You may register an account on the service (the “Account”) to make full use of the service. Accordingly, you agree to the following requirements: a) You must provide your legal full name; a valid email address; create a password; and include any other information requested in order to create your Account (“Login Information”); b) You must not share your password with anyone except authorized employees; c) You must always provide accurate, current, and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness; d) Any use of the Site through your Account will be deemed as being used by you. Therefore, you are responsible for all Content and activity that occurs through your account; e) ThinkFit is entitled to rely on the contact and other information that is supplied to us through your Account; f) Your Account is NON-TRANSFERABLE and NON-ASSIGNABLE; g) You have the right to cancel your registration; h) You also understand that by creating an account with us, your user ID number, name and profile picture will be publicly available and you consent to this information being publicly available; i) 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. 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.
- Customer service and technical support are available via email at firstname.lastname@example.org.
2. FITPOINTS AND AFFILIATE/PARTNER COUPONS
- You shall collect Fitpoints (virtual currency) on the Thinkfit app, when completing the Active Recovery periods (i.e. physical exercises). Accordingly, you will be able to use the Fitpoints in exchange of Coupons to be used on our website at https://store.thinkfit.app/. The Fitpoints may be applicable on services/products owned by Thinkfit (internal) or in partner/affiliate websites.
3. OUR PROPRIETARY RIGHTS
- 3.1. We alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Service. Intellectual property for the purpose of this Agreement means without limitation, 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, and recordings owned by the Holistic experiment LLC or licensed to ThinkFit.
- 3.2. Our Agreement is not a sale and does not convey to you any rights of ownership in or related to our services, the Intellectual Property Rights owned by us, or to your account. Accordingly, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of our content. Use of our content for any purpose not expressly permitted by this agreement is strictly prohibited. ThinkFit reserves the right to terminate any account that has been inactive for 180 days.
- 3.3. The service, our name and logo are our exclusive property.
- 3.4. We shall own all rights, title, and interest to any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to our services. Accordingly, you may choose to, or we may invite you to submit comments or ideas about our services, including without limitation about how to improve our services or our ideas. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us or developed by our employees or obtained from sources other than you.
5. CHANGES TO TERMS
- We may change these Terms or any Policies at any time in our sole discretion. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. You are therefore responsible for reviewing such postings and any applicable changes. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. Your continued use of the service constitutes your acceptance of such changes. If you do not agree to any posted changes, do not continue to use the services.
6. 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.
- We care about the integrity and security of your personal information. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. THIRD PARTY RECOMMENDATIONS AND INFORMATION
- 8.1. Our services may contain recommendations and information to third-parties that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party information, materials, products, or services.
- 8.3. You should make whatever investigation or other resources that you deem necessary or appropriate before engaging product providers.
9. INDEMNIFICATION AND RELEASE
- You agree to release, defend, indemnify, and hold us, our associates, and our respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
10. NO WARRANTY
- 10.1. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, we do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; that any requests will be met satisfactorily or at all.
- 10.2. We do not guarantee the suitability, safety, or ability of neither any third-party provider, nor that any such third-party provider will meet your requirements or expectations. We do not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through our service or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and providers of such third-party services.
- 10.3. Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
- 10.4. Without limiting the foregoing, your correspondence or business dealings with, and use of services of third parties or service providers provided by us, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable, directly, or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers.
11. LIMITATION OF LIABILITY
- 11.1. To the maximum extent permitted by applicable law, in no event shall we and our employees, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service.
- 11.2. To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of requests or content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service.
- 11.3. 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.
- 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.
13. ENTIRE AGREEMENT
- If any portion of these terms is found to be void or unenforceable, it shall be struck from the record, and the remaining provisions will retain their full force and effect.
- Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
17. GOVERNING LAW
- 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.
18. 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).
20. EXTENSION OF BENEFITS
21. 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.
APPENDIX A: REFUND POLICY
Posted Sept. 25th 2021
Welcome to ThinkFit!
If you are not entirely satisfied with your subscription, we are here to help.
Refunds are permitted on the sale of services under the following conditions:
Refunds are only permitted prior to the service being complete.
You will receive no refund for the redeemed coupons that we offer you when you exchange your FitPoints.
Please note that you have an obligation to make payments carefully and to ensure that you really intend to use Our services. We discourage a change of mind as a ground for requesting a refund. We will bear full responsibility of errors that are due to us.
You can see the refund window for each product in the Deal Terms of each product.
All product/deal purchases are protected under this Policy, however, please note that our membership is not refundable after rewards have been used. Because this membership is billed annually, you can cancel any time and will not be charged for the following year. Cancellations requested after you have purchased any deals using the membership discount will not result in partial refunds.
Some listings, such as digital downloads, cannot be returned or refunded. You can check the Deal Terms section of each listing to confirm if the tool is eligible for our money-back guarantee.
If you need a refund, please submit your notice of refund to us on the following e-mail: email@example.com and firstname.lastname@example.org with the subject indicating “Refund”. For a smooth process we kindly ask you to be concise and add all the information we do need to process your request in the most efficient and effective way.
Upon receiving your notice, We will send you an email notification.
3. Refund during resolution of claims
You may not be eligible for refund in respect of any Service pending the resolution of a claim for a refund.
4. Notification for EU consumers
According to Article 16(a) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided after the service has been fully performed, if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed.
5. Operator’s discretion
Refunds are issued at the Operator’s discretion and may be accepted or rejected as such. The Operator, for the purposes of this Agreement means ThinkFit or its associates, partners or affiliates and its respective officers, directors, employees and agents.