Terms and Conditions

Last updated: 1/2/2025

Welcome to Active – Fitness & Nutrition (“the App,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our mobile application and any related services provided on or through the App. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. Acceptance of Terms

By accessing or using Active – Fitness & Nutrition, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our [Privacy Policy]. If you do not agree with these Terms, you must immediately stop using the App.

2. Eligibility

  1. You must be at least the age of majority in your jurisdiction (usually 18 years old) to use this App.

  2. By using the App, you represent and warrant that:

    • All registration information you submit is truthful and accurate.

    • You will maintain the accuracy of such information.

    • Your use of the App does not violate any applicable law or regulation.

3. User Accounts

  1. To access certain features of the App, you may be required to create an account. You agree to:

    • Provide and maintain accurate, current, and complete information.

    • Keep your login credentials confidential and not share them with any third party.

    • Notify us immediately of any unauthorized use of your account.

  2. You are responsible for all activities that occur under your account. We will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your login credentials.

4. App Content and License

  1. License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on your mobile device.

  2. Restrictions: You may not:

    • Modify, copy, distribute, or create derivative works based on the App or any part thereof.

    • Reverse engineer or attempt to extract the source code of any software within the App.

    • Use the App for any unlawful purpose or in violation of any applicable laws or regulations.

  3. All rights not expressly granted to you in these Terms remain reserved by us.

5. User-Generated Content

  1. Responsibility: You are solely responsible for any content (such as text, images, exercise data, nutritional data, etc.) that you post or upload to the App (“User Content”).

  2. Ownership: You retain all rights to your User Content, but by posting it on the App, you grant us a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, display, perform, distribute, and otherwise disclose to third parties any such User Content.

  3. Prohibited Content: You agree not to post any content that is unlawful, threatening, libelous, defamatory, obscene, or otherwise objectionable, or any content that infringes the rights of any third party.

6. Health and Fitness Disclaimer

  1. Not Medical Advice: The App provides fitness and nutrition information for general informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.

  2. Consult a Professional: Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition before engaging in any exercise or nutritional program suggested by the App.

  3. User Assumption of Risk: You acknowledge that any fitness activities involve certain risks. You voluntarily assume the risk of any and all injuries that may occur as a result of using the App.

7. Payment and Subscriptions

  1. Pricing: Certain features or services offered through the App may require payment or subscription. Pricing and payment details will be displayed to you at the time of purchase.

  2. Billing: If you subscribe to a paid plan, you authorize us to charge your designated payment method on a recurring basis until you cancel the subscription. You are responsible for providing accurate billing information and updating it when necessary.

  3. Cancellation and Refunds: You can cancel your subscription at any time according to the cancellation procedures provided in the App or by contacting support at admin@active-fitness-tracker.com. We reserve the right to determine eligibility for refunds, as permitted by law.

8. Intellectual Property Rights

  1. Ownership: The App (including but not limited to software, text, graphics, images, logos, and other materials) is protected by intellectual property laws. We and/or our licensors retain all rights, title, and interest in and to the App.

  2. Trademarks: “Active – Fitness & Nutrition” and any associated logos and names are trademarks of our company. You may not use these without our prior written permission.

9. Third-Party Links and Services

The App may contain links to third-party websites or services that are not owned or controlled by us. We assume no responsibility for the content, terms, and practices of these third-party websites or services. We encourage you to be aware when you leave our App and to read the terms and privacy policies of every website or service you visit.

10. Termination

  1. Termination by You: You may stop using the App and terminate these Terms at any time by deleting your account and uninstalling the App.

  2. Termination by Us: We reserve the right to suspend or terminate your access to the App, in whole or in part, with or without notice, for any reason or no reason, including if you violate these Terms.

  3. Effect of Termination: Upon termination, the license granted to you will immediately cease, and you must stop using the App. Sections of these Terms which by their nature should survive termination will survive any termination.

11. Limitation of Liability

To the maximum extent permitted by law, in no event shall Active – Fitness & Nutrition, its affiliates, directors, employees, or licensors be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  1. Your access to or use of or inability to access or use the App;

  2. Any conduct or content of any third party on the App;

  3. Any content obtained from the App;

  4. Unauthorized access, use, or alteration of your transmissions or content.

12. Disclaimer of Warranties

The App is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permissible under applicable law, Active – Fitness & Nutrition disclaims all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will meet your requirements, be uninterrupted, secure, or error-free.

13. Indemnification

You agree to defend, indemnify, and hold harmless Active – Fitness & Nutrition, its affiliates, licensors, and their respective officers, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorneys’ fees) arising from:

  1. Your use of and access to the App;

  2. Your violation of any term of these Terms;

  3. Your violation of any third-party right, including without limitation any intellectual property, property, or privacy right.

14. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall be resolved through good-faith negotiations. If such negotiations fail, disputes shall be settled in the courts located in [Your Jurisdiction], and you consent to the personal jurisdiction of such courts.

15. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by updating the “Last updated” date at the top of these Terms and/or by other means deemed appropriate. Your continued use of the App after any such changes constitutes your acceptance of the revised Terms.

16. Contact Us

If you have any questions about these Terms, please contact us at: Email: admin@active-fitness-tracker.com

17. Requesting Data Deletion

If you wish to request the permanent deletion of your personal data from our systems, please contact us at admin@active-fitness-tracker.com. We will process your request in accordance with applicable data protection and privacy laws.

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