TERMS AND CONDITIONS

 

Last updated: 13, June 2024

 

Thank you for visiting our website https://fitguru.tech/ (the “Website”).

 

These Terms and Conditions (the “Terms”) govern the contractual relationship between BLAGOPAY LTD, a company registered under the laws of England nad Wales, registered address at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, company number 15173310 (“”we”, “us”, “our”, “Company”) and the users who use the services of the Company (“you”, “your”, “user”), and define the Terms under which our services are used.

 

Please read these Terms carefully before accessing, using or obtaining any materials, information, products or services. If you do not accept all these Terms, then you may not use the Website or any of our services.

 

These Terms apply to the use of the Website, purchase of any products or services with us via Website (“Services”). By accessing, using or purchasing via our Website, you agree to be bound by these Terms, Privacy Notice (also “Privacy Policy”) and other additional terms, conditions and policies that may referenced here and/or available by hyperlink on the Website (hereinafter together referred to as “Terms of Use”).

 

Before you continue using our Website we encourage you to take your time to review our Privacy Policy concerning collection and/or processing data from users of the Website. We are not responsible for the content and privacy practices of other websites that may be linked from our Website.

 

 

Our Website is aiming to provide you with AI generated personalized workout plans based on users' fitness goals, experience levels, and available equipment. With assistance from our tools you at Website you may receive specifically generated customized exercises, sets, and reps, while providing form cues and progression suggestions. You may store and have acces to such plans and recommendations in your profile at our Website.

 

DISCLAMER: PLEASE BE AWARE THAT OUR SERVICES DO NOT INCLUDE MEDICAL, MENTAL HEALTH, OR ANY FORM OF HEALTHCARE SERVICES. OUR SERVICES ARE NOT INTENDED TO PROVIDE HEALTHCARE SERVICES AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, CONSULTATION, OR TREATMENT FROM QUALIFIED PHYSICIANS. PRIOR TO UTILIZING OF SERVICES, IT IS CRUCIAL THAT YOU CONSULT WITH YOUR DOCTOR. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CONTACT YOUR DOCTOR OR RELEVANT EMERGENCY SERVICES IMMEDIATELY.

 

 

The contract between user and the Company is established when user registers on the Company's Website. Registration is free and involves completing a registration form, during which certain user profile data is stored in the Company's database.

 

The Company reserves the right to decline user registrations based on valid and objective reasons. These reasons may include, but are not limited to, violation of the Terms of Use, implementation of fraud prevention measures, doubts about the user's identity, suspicion of spamming activities, uncertainty regarding the user's age, fraudulent behavior, or attempts to register in markets where the Company's services are unavailable. Additional steps for registration, such as an identification process or spam prevention measures, may be required by the Company.

 

Each user is allowed to create only one user account, and any existing accounts must be deleted before registering a new one. Users who have been blocked by the Company are prohibited from creating multiple or repeat registrations.

 

 

You are permitted to utilize our Website solely for lawful purposes and in compliance with all applicable laws and regulations. In order to use our Services, you may need to create a user account and furnish us with precise and comprehensive details such as your name, last name, country of residence and email address. It is your responsibility to safeguard the confidentiality of your account and password, and you agree to assume liability for all actions undertaken under your account.

 

Access to our Website is granted only to individuals who have attained the age of 18. If the age of majority in your jurisdiction or permanent residence is reached at a later date, that age will apply accordingly. If you are below the requisite age stipulated by the laws of your country of residence to access and use the Website, you assert that your legal guardian has reviewed and consents to these Terms on your behalf. Furthermore, you confirm that you are not prohibited from using the Website under any applicable laws.

 

To be eligible to use and access to our Website and Content you must not be located, incorporated, otherwise established in, or resident of, or have business operations: 1) in jurisdiction where it would be illegal under applicable law to this Terms or 2) in any of the following jurisdictions: Afghanistan, Cuba, Iran, North Korea, Syria, Russian Federation, Belarus, Regions of Ukraine: Crimea, Donetsk and Luhansk, Myanmar (Burma), Central African Republic, China, Congo DR, Lebanon, Libya, Mali, Nicaragua, Somalia, Sudan, Venezuela, Yemen, Zimbabwe.

 

By creating an account on our Website, you consent to providing accurate information. You also agree to promptly update your account and other details, including email address, credit card information, and expiration dates, to facilitate transactions and ensure we can contact you when necessary. Any information you provide during registration will be handled in accordance with our Privacy Policy. It's important to maintain the secrecy of your password.

 

 

You bear sole responsibility for all activities carried out under your profile. You agree not to utilize another user's profile, username, or password at any point, nor to disclose your password to any third party, or engage in any actions that could compromise the security of your profile. Promptly inform us of any unauthorized use of your profile.

 

If we have valid reasons to suspect a violation of these Terms or if the registration information provided by you is believed to be untrue, inaccurate, outdated, or incomplete, we reserve the right to terminate your user profile and deny current or future access to any or all features.

 

We disclaim any responsibility for any loss or damage incurred by you or any third party due to unauthorized access and/or use of your profile, or for any other reason.

 

 

Certain features of the Service may be available through a subscription basis for a fee. You can purchase a subscription directly from the Company or through our Website by either (1) paying a subscription fee in advance on a recurring interval disclosed to you before your purchase; or (2) prepayment, granting you access to the Service for a specific time period .

 

To the fullest extent permitted by applicable laws, we reserve the right to change our fees at any time. We will provide you with reasonable notice of any such pricing changes by posting the new prices on or through our Website, and/or by sending you an email notification, or through other prominent means.

 

If you do not wish to pay the new fees, you can cancel the applicable subscription before the change takes effect or refrain from pre-paying for access to the Service. To prevent being charged, you must actively cancel your subscription at least 24 hours before current subscription period ends. You acknowledge that to avoid charges, you must affirmatively cancel your subscription.

 

By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize us to charge you for the renewal term. The auto-renewal period will be the same as your initial subscription period unless otherwise disclosed to you on the Website. The renewal fee rate will not exceed the rate for the immediately prior subscription period, excluding any promotional or discount pricing, unless we notify you of a fee rate change prior to your auto-renewal.

 

The Services and your rights to use them expire at the end of the paid period of your subscription. If you fail to pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Services (and may do so without notice).

 

 

All prices listed on our Website are in euros (EUR) unless stated otherwise. These prices are subject to change without prior notice. We retain the right to adjust, suspend, or discontinue any Service at our discretion. We bear no responsibility for any losses or damages resulting from such alterations.

 

Payments must be executed through the designated payment methods available on the Website. By proceeding with a purchase, you affirm that you have the authority to utilize the chosen payment method. It is your responsibility to furnish accurate and comprehensive information necessary for the transaction, including billing address and payment particulars.

 

For secure and reliable transactions, we enlist trusted payment processors to oversee transactions on our Website. Upon making a purchase, you grant us permission to share requisite information with these third-party payment processors to facilitate the transaction. We neither retain nor have access to your complete payment details.

 

 

Hereby you agree that purchase of any subscriptions as defined above shall be final and the Company will not refund any transaction once it has been made, and the purchase cannot be canceled. When you make the Purchase, you acknowledge and agree that all Purchases are non-refundable or exchangeable. However, the Company will provide refunds and/or Purchase cancellations in cases and to the extent required by mandatory provisions of applicable law. The Company may also provide refunds at its discretion, subject to our policies that may be published from time to time.

 

By signing up for our Service, which is not a single item of digital content and is provided on a continuous basis (such as subscriptions to the Service), you expressly request and consent to an immediate supply of such Service. Therefore, if you exercise your right of withdrawal, we will deduct from your refund an amount that is proportionate to the Service provided before you communicated your withdrawal from the contract.

 

If you reside in the EEA, United Kingdom, or Switzerland, you retain the right to refunds within 14 calendar days without providing reasons. The withdrawal period commences from the date of entering into contract with us when purchasing any subscriptions available at our Website and lasts for 14 calendar days. Hereby you agree that if you exercise your right of withdrawal, we will deduct from your refund an amount that is proportionate to the Service provided before you communicated your withdrawal from the contract.

 

To request a refund, please follow these steps:

 

 

All information, data, text, graphics, images, software, code, metadata, links, audio and video files, online tools, and all other Content comprising the Website are the exclusive property of the Company or its licencors, unless explicitly stated otherwise. The Content is safeguarded by copyright laws and other applicable regulations.

 

Certain names, graphics, logos, icons, designs, words, titles, or phrases showcased on this Website may also be considered trade names, trademarks, or service marks registered elsewhere. The presence of these trademarks on the Website does not imply any authorization for their use has been extended to you. Any unauthorized utilization, reproduction, or alteration of trademarks and/or any of the Content contained herein may constitute a violation of applicable laws, as well as trademark and/or copyright statutes, and may result in legal repercussions.

 

 

Your usage of the Website and its Content is restricted to lawful purposes and adherence to the stated Terms. Upon accessing the Website, you agree not to:

 

 

The information and any other Content available on the Website are provided on an "as is" and "as available" basis. The Company does not make any representations or warranties of any kind, whether express or implied, regarding the operation of this Website or the information, content, or materials available on it. You acknowledge and agree that your use of our Website is at your own discretion.

 

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE (AND OUR AFFILIATES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING ITSCONTENT), OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM THE USER'S RELIANCE ON ANY INFORMATION OBTAINED FROM THE COMPANY, AS WELL AS DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. SUCH DAMAGES MAY OCCUR IRRESPECTIVE OF WHETHER THEY RESULT FROM ACTS OF GOD, COMMUNICATION FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, PLATFORMS, OR SERVICES.

 

YOUR ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE CONTENT, AND USER CONTENT), AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

 

REGARDLESS OF ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT, SERVICE, OR PRODUCTS, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.

 

 

The Company retains the right to occasionally modify, suspend, or cease this Website, Services and/or its Content without prior notice, at its sole discretion. It is your responsibility to regularly review these Terms. Your continued use of or access to our Website following any changes to these Terms indicates your acceptance of those changes. If you disagree with any provision of the Terms or become dissatisfied with the Website in any manner, your only recourse is to promptly discontinue use of the Website.

 

 

By acessing to our Website you agree to defend, indemnify, and hold harmless the Company and any of its affiliates (if applicable) against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Content, your breach of these Terms, or your conduct or actions. You agree that the Company shall have the right to select its own legal counsel and may participate in its own defense if it wishes.

 

 

These Terms are governed by the laws of England and Wales, and any disputes will be subject to the laws of England and Wales. Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.

 

If you are residing in EEA or Switzerland the online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Company and the user arising from these Terms.

 

 

In the event that we fail to enforce any provision of these Terms, such failure shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your access to and use of the Website.

 

These Terms constitute the entire agreement between you and us, and represent the complete and entire understanding of the parties with respect to the subject matter of this agreement. This agreement supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this agreement is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this agreement shall remain in full force and effect.

 

Should you have any questions or concerns about these Terms, please contact us at support@fitguru.tech