1. USERS RESTRICTIONS
Users shall use the Services for exercise and our motion analysis technology testing purposes. Users are prohibited from using the Services for any other purpose. User shall be solely and fully responsible for its use of the Services and for all consequences and results thereof.
User agrees not to and shall not permit or assist any other party to
• Use the Services for any illegal, immoral, unlawful and/or unauthorized purposes;
• Interfere with or violate any user's rights to privacy and other rights, or harvest or collect personally identifiable information about users without their express consent, whether manually or with the use of any robot, spider, crawler any search or retrieval application, or use another manual or automatic device, process or method to access the Services and retrieve, index and/or data-mine information.
2. PHYSICAL ACTIVITY NOTICE
The Services include features that support physical activity. You should consider the risks involved, consult with certified healthcare advisers, and make your medical decisions based on their advice and judgment before engaging in any physical activity. Your use of our Services is at your own discretion and risk. FittyAI is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. FittyAI is not responsible or liable for any injuries or damages you may sustain from your use of the Services, and you agree to release and discharge FittyAI from any and all claims and/or causes of action arising out of your use of the Services.
3. YOUR CONTRIBUTIONS TO THE SERVICES
If you provide us with any suggestions, material, ideas, comments, or other feedback relating to the Services (“User Feedback”), you agree that we may, in our sole discretion, use any User Feedback in any way, including without limitations in future modifications of the Services or promotional materials relating thereto. Additionally, you agree that all User Feedback shall become the exclusive property of FittyAI, and you voluntarily waive any and all “moral rights” which you may have in such User Feedback.
5. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND FITTYAI AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND LICENSORS (COLLECTIVELY, "FITTYAI’s REPRESENTATIVES") DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR 2 FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE. FITTYAI MAKES NO WARRANTY THAT: (I) THE SERVICES ARE OR WILL BE SECURE, TIMELY, RELIABLE, ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, DEFECTS, WORMS, OR OTHER HARMFUL COMPONENTS, (II) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, AND/OR (III) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. FITTYAI IS NOT AND SHALL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS, FAULTS, OR OMISSIONS RELATED TO ANY CONTENT CONTAINED IN THE SERVICES.
6. LIMITATION OF LIABILITY
FITTYAI DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS OR HARM CAUSED IN CONNECTION WITH OR RESULTING FROM YOUR USE OF OR RELIANCE ON THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. UNDER NO CIRCUMSTANCES SHALL FITTYAI BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (I) ARISING OUT OF YOUR USE OR THE INABILITY TO USE THE SERVICES, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR (III) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THE SOLUTION OR SERVICES. IN NO EVENT WILL FITTYAI’s REPRESENTATIVES AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO FITTYAI IN RESPECT OF THE SERVICES DURING LAST 3 MONTHS.
YOU RELEASE AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AT YOUR OWN EXPENSE FITTYAI, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND AFFILIATES (THE “INDEMNIFIED PARTIES”), FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSSES, DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND FEES, INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR SECURITY OR DATA BREACH OF ANY TERM (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THE SERVICES (III) YOUR USE OF, RELIANCE ON OR ACCESS TO ANY THIRD PARTY SOFTWARE, APPLICATIONS OR DATA RESULTING FROM YOUR USE OF THE SERVICES; (IV) VIOLATION OF LAW OR REGULATION WITH REGARD TO YOUR SUBMITTED DATA, USER DATA, OR FEEDBACK, INCLUDING PRIVACY OR INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. WE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH ACTION, AND YOU SHALL COOPERATE FULLY IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION AT YOUR EXPENSE.
8. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Services and any code that FittyAI creates to generate or display any content or the pages making up the Services and any and all intellectual property rights pertaining thereto, including without limitation, copyrights, database rights, domain names, trademarks, trademark applications, trade names, service marks, and all goodwill associated therewith and symbolized thereby, patents, patent applications, inventions, discoveries, concepts, improvements, know-how, confidential information, trade secrets, and design rights, in each case whether registered or unregistered and including all applications and rights to apply for registration, and all similar or equivalent rights (collectively, "Intellectual Property Rights"), are (i) solely and exclusively owned by and/or licensed to FittyAI, and (ii) are protected by applicable copyright, trademark, and other intellectual property laws and international conventions and treaties. Nothing herein shall be deemed to convey to you an interest in or to any of FittyAI’s Intellectual Property Rights other than a limited revocable right of use in accordance with these Terms. 3 The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes an infringement of the copyright owner's rights. As a condition to your use of the Services, you agree not to use the Services to infringe the Intellectual Property Rights of others in any way.
The Terms shall remain in effect until terminated as set forth herein. Your failure to comply with any provision of the Terms, and your misuse of the Services shall terminate your right to use the Services. In such circumstances, FittyAI may temporarily or permanently, at FittyAI’s discretion, limit or terminate your access to the Services without notice, in addition to any other remedies that may be available to FittyAI under any applicable law. If you object to any term hereof, as may be amended from time to time, or if you become dissatisfied with the Platform and/or the Services, you may terminate the Terms at any time by ceasing your use of the Services and this will be your sole and exclusive remedy in such circumstances. Upon termination of the Terms for any reason, all rights granted to you under these Terms will immediately terminate and you will immediately cease all use of and access to the Services. The provisions of these Terms which by their nature survive the termination of these Terms shall survive termination of these Terms. Without limiting the generality of the foregoing, the Disclaimer of Warranties, Limitation of Liability, Physical Activity Notice, Intellectual Property Rights, and Governing Law will survive the termination of the Terms for any reason whatsoever.
10. GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of the Republic of Lithuania without giving effect to its conflict of laws rules and you irrevocably submit to the exclusive jurisdiction of the courts in the Republic of Lithuania, which shall have sole and exclusive jurisdiction over any matters arising out of, stemming from and/or related to your use of Services.