These Terms of Use ("Terms") govern your access to and use of the uShape Fitness mobile application (the "App"), owned and operated by uShape Fitness LLC ("Company," "we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
- Eligibility
- You must be at least 14 years old to use the App.
- By using the App, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into these Terms.
- Account Registration
- To access certain features, you may be required to create an account and provide accurate, current, and complete information.
- You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- App License and Use
- Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use.
- You agree not to:
- Copy, modify, distribute, sell, or lease any part of the App;
- Reverse-engineer or attempt to extract the source code of the App;
- Use the App for any unlawful purpose or in violation of these Terms.
- Health and Safety Disclaimer
- The content provided by the App (including workouts, exercise guidance, and nutritional information) is for general informational purposes only and does not constitute medical advice.
- You should consult with a qualified healthcare professional before starting any exercise program or dietary plan, especially if you have known medical conditions, injuries, or are taking medication.
- Assumption of Risk: You acknowledge that physical exercise involves inherent risks of injury. You assume full responsibility for any injuries, damages, or losses that may result from your participation in exercises or programs suggested by the App.
- Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, OR DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR ACCESSING THE APP.
- Indemnification
- You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the App or your violation of these Terms.
- Intellectual Property
- All content, features, and functionality of the App, including text, graphics, logos, icons, images, audio clips, and software, are the exclusive property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.
- You may not use, reproduce, or distribute our intellectual property without our prior written consent.
- Privacy
- Your privacy is important to us. Our Privacy Policy, available at [Privacy Policy URL], explains how we collect, use, and share information about you. By using the App, you agree to the terms of our Privacy Policy.
- Modifications to the App and Terms
- We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice.
- We may revise these Terms from time to time. The revised Terms will be effective as of the "Last updated" date indicated above. Your continued use of the App after the effective date constitutes your acceptance of the revised Terms.
- Termination
- We may terminate or suspend your access to the App at any time, without prior notice or liability, for any reason, including if you breach these Terms.
- Upon termination, your right to use the App will immediately cease.
- Governing Law and Dispute Resolution
- These Terms and any dispute arising out of or in connection with these Terms or the App will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.
- Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Maricopa County, Arizona, and you irrevocably consent to the jurisdiction and venue of those courts.
- Severability
- If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full force and effect.
- Entire Agreement
- These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the App and supersede all prior or contemporaneous communications, representations, or agreements.
- Contact Us
- If you have any questions or concerns about these Terms, please contact us at:
uShape Fitness LLC
Email: [email protected]