1
GoFit
TERMS AND CONDITIONS OF USE
Last updated June 14, 2019
Thank you for participating in our GoFit
community at Appercut.
Please not that this is a subscription service
that automatically renews. Please read these
Terms and Conditions of Use carefully (in
particular, section 5 "subscription fees and
payment") before starting a free trial or
completing a purchase for GoFit ("App") auto-
renewing subscription service. You must
affirmatively cancel a subscription or a free trial
to avoid being charged in your App store's
account settings at least 24 hours before the
end of the free trial or the current subscription
period.
If you are unsure how to cancel a subscription or
a free trial, please visit the shop page where
you purchased the App form. Deleting the App
from your device does not cancel your
subscriptions and free trials.
1. ACCEPTANCE OF TERMS AND CONDITIONS OF
USE
1.1. GoFit and content available via the App
or our emails ("Content") are
distributed by ApperCut Sp. z o. o.,
National Court Register Number
0000775831, Tax Identification Number
5252783211, Twarda No 18, 00-104
Warsaw, Poland as stated in an app
store ("we" "us" "our" or the "Company").
The App, together with the Content,
tools and other services available by
using the App, are collectively referred
to as the "Service".
1.2. Your access and use of the Service
constitutes your agreement to be
bound by these Terms and Conditions of
Use (the "Terms"), which establishes a
legally binding contractual relationship
between you and the Company. For this
reason, PLEASE READ THE TERMS
CAREFULLY BEFORE USING THE SERVICE.
1.3. Please review also our Privacy Policy
and Billing Terms. Billing Terms
determine the scope and cost of
subscription. The terms of the Privacy
Policy and other supplemental terms,
policies or documents that may be
posted on the Service from time to
time are hereby expressly incorporated
herein by reference. We reserve the
right, in our sole discretion, to make
changes or modifications to these
Te r ms at an y t i m e a n d f or an y r e a s o n .
1.4. Unless otherwise expressly provided
herein, we will alert you about any
changes by updating the "Last updated"
date of these Terms and you waive any
right to receive specific notice of each
such change.
1.5. These terms contain important
disclaimers (section 2), disclaimers of
warranties (section 7), limitation of
liability (section 8).
1.6. If you do not agree with any part of
these terms, or if you are not eligible
or authorized to be bound by these
terms, then do not download the app
or otherwise access or use the service.
2. IMPORTANT DISCLAIMERS
2.1. THE COMPANY DOES NOT OFFER OR
PROVIDE ANY KIND OF MEDICAL ADVICE,
H E A LT H I N S U R A N C E O R O T H E R
HEALTHCARE SERVICE, INCLUDING
WITHOUT LIMITATION, ANY
COUNSELING, TESTING, EVALUATION,
P R E S C R I P T I O N , P R O C E D U R E O R
THERAPY RELATED TO EXERCISE,
NUTRITION, WEIGHT LOSS OR WELLNESS
OR RELATED TO THE AVOIDANCE,
P R E V E N T I O N , D I A G N O S I S O R
TREATMENT OF ANY INJURY, ILLNESS,
DISEASE OR CONDITION (COLLECTIVELY,
"HEALTHCARE SERVICES").
2.2. The service may not be appropriate
for all persons and is not a substitute
for professional healthcare services.
The service is intended only as a tool,
which may be useful in achieving your
overall health and fitness goals. You
acknowledge that your exercise
activities involve risks, which may
involve risk of bodily injury or death,
and that you assume those risks. Before
accessing or using the service, and
agree to release and discharge the
company from any and all action,
known or unknown, arising out of your
use of the service.
2.3. You should consult with your
physician or other qualified
healthcare professional to determine
whether the service would be safe
and effective for you. You are
expressly prohibited from accessing or
using the service against medical
advice or if doing so might pose any
health risk. In this context, you
acknowledge that you take full
responsibility for your health, life and
well-being, as well as the health, lives
and well-being of your family and
children (born and unborn, as
applicable), and all decisions now or in
the future.
2.4. To t he m ax im u m e x t e nt p e r mi tt e d b y
applicable law, you expressly agree
that we are not providing medical
advice via the service. All content
provided through the service, whether
provided by us or third parties (even if
they are claiming to be a doctor) is not
2
GoFit
TERMS AND CONDITIONS OF USE
intended to be and should not be used
in place of (i) the advice of your
physician or other professionals, (ii) a
visit, call or consultation with your
physician or other medical
professionals, or (iii) information
contained on or in any product
packaging or label. We are not
responsible for any health problems
that may r e s ult from training
programs, consultations, products, or
events you learn about through the
service. Should you have any health-
related questions, please call or see
your physician or other healthcare
provider promptly. If you have an
emergency, call your physician or
your local emergency services
immediately.
2.5. Yo u r use o f t h e s e r v i ce d o e s n o t
constitute or create a doctor-patient,
therapist-patient or other healthcare
professional relationship between you
and the company.
2.6. The company does not assume any
liability for inaccuracies or
misstatements about exercises or other
content on the service.
2.7. We make no guarantees concerning the
level of success you may experience,
and you accept the risk that results will
differ for each individual. The
testimonials and examples that may be
provided on the service are exceptional
results, which do not apply to an
average person, and are not intended
to represent or guarantee that anyone
will achieve the same or similar results.
There is no assurance that examples of
past fitness results can be duplicated in
the future. We cannot guarantee your
future results and/or success. Nor can
we guarantee that you maintain the
results you experience if you do not
continue following our programs.
2.8. Each individual's health, fitness, and
nutrition success depend on his or her
background, dedication, desire, and
motivation. As with any health-related
program or service, your results may
vary, and will be based on many
variables, including but not limited to,
your individual capacity, life
experience, unique health and genetic
profile, starting point, expertise, and
level of commitment. The use of the
service should be based on your own
due diligence and you agree that the
company is not liable for any success or
failure of your physique that is directly
or indirectly related to the purchase
and use of the service.
2.9. In addition to all other limitations and
disclaimers in these terms, the
company disclaims any liability or loss
in connection with the content
provided on the service. You are
encouraged to consult with your doctor
and other relevant professionals with
regard to the information contained on
or accessed through the service.
3. SERVICE
3.1. You acknowledge that all the text,
images, marks, logos, compilations
(meaning the collection, arrangement
and assembly of information), data,
other content, software and materials
displayed on the Service or used by the
Company to operate the Service
(including the App and the Content and
excluding any User Content (as defined
below)) is proprietary to us or to third
parties.
3.2. The Company expressly reserves all
rights, including all intellectual
property rights, in all of the foregoing,
and except as expressly permitted by
these Terms, any use, redistribution,
sale, decomplication, reverse
engineering, disassembly, translation or
other exploitation of them is strictly
prohibited. The provision of the Service
does not transfer to you or any third
party any rights, title or interest in or
to such intellectual property rights.
3.3. You are solely responsible for obtaining
the equipment and telecommunication
services necessary to access the
Service, and all fees associated
therewith (such as computing devices
and Internet service provider and
airtime charges).
3.4. We retain the right to implement any
changes to the Service (whether to free
or paid features) at any time, with or
without notice. You acknowledge that a
variety of Company's actions may
impair or prevent you from accessing
the Service at certain times and/or in
the same way, for limited periods or
permanently, and agree that the
Company has no responsibility or
liability as a result of any such actions
or results, including, without
limitation, for the deletion of, or
failure to make available to you, any
content or services.
3.5. Your access to and use of the Service is
at your own risk. The Company will
have no responsibility for any harm to
your computing system, loss of data, or
other harm to you or any third party,
including, without limitation, any
bodily harm, that results from your
3
GoFit
TERMS AND CONDITIONS OF USE
access to or use of the Service, or
reliance on any information or advice.
3.6. The Company has no obligation to
provide you with customer support of
any kind. However, the Company may
provide you with customer support
from time to time, at the Company's
sole discretion.
4. APP STORES, THIRD PARTY ADS, OTHER
USERS
4.1. You acknowledge and agree that the
availability of the App is dependent on
the third party from which you
received the App, e.g., the Apple
iTunes App Store, Google Play, and/or
other app stores (collectively, "App
Stores" and each, an "App Store").
4.2. You agree to pay all fees charged by
the App Stores in connection with the
App. You agree to comply with, and
your license to use the App is
conditioned upon your compliance
with, all applicable agreements, terms
of use/service, and other policies of
the App Stores. You acknowledge that
the App Stores (and their subsidiaries)
are a third-party beneficiary of these
Te r ms a n d w i ll h a ve t h e r i gh t t o
enforce these Terms.
4.3. The Service may contain links to third
party websites or resources and
advertisements for third parties
(collectively, "Third-Party Ads"). Such
Third-Party Ads are not under the
control of the Company and the
Company is not responsible for any
Third-Party Ads. The Company provides
these Third-Party Ads only as a
convenience and does not review,
approve, monitor, endorse, warrant, or
make any representations with respect
to Third Party Ads. Advertisements and
other information provided by Third
Party Sites Ads may not be wholly
accurate. You acknowledge sole
responsibility for and assume all risk
arising from your use of any such
websites or resources. When you link to
a third-party site, the applicable
service provider's terms and policies,
including privacy and data gathering
practices govern. You should make
whatever investigation you feel
necessary or appropriate before
proceeding with any transaction with
any third party. Your transactions and
other dealings with Third Party Ads that
are found on or through the App,
including payment and delivery of
related goods or services, are solely
between you and such merchant or
advertiser.
4.4. Each user of the Service is solely
responsible for any and all his or her
User Content. Because we do not
control the User Content, you
acknowledge and agree that we are not
responsible for any User Content and
we make no guarantees regarding the
accuracy, currency, suitability, or
quality of any User Content, and we
assume no responsibility for any User
Content. Your interactions with other
Service users are solely between you
and such user. You agree that the
Company will not be responsible for
any loss or damage incurred as the
result of any such interactions. If there
is a dispute between you and any
Service user, we are under no
obligation to become involved.
4.5. Yo u hereby r e lease u s , our o f f i c e rs,
employees, agents and successors from
claims, demands any and all losses,
damages, rights, claims, and actions of
any kind including personal injuries,
death, and property damage, that is
either directly or indirectly related to
or arises from any interactions with or
conduct of any App Store, any other
Service users, or any Third-Party Ads.
5. SUBSCRIPTION FEES AND PAYMENT
5.1. The App is free to download. However,
certain features of the Service are
offered on a subscription basis for a
fee. You will pay an App Store the
applicable fees (and any related taxes)
as they become due.
5.2. Information about range of subscription
is being described in the separate
document named Billing Terms on the
subscription screen in the App.
Additionally, this information could be
found on the Profile tab in the App.
This document also describes the cost
of subscription.
5.3. To the maximum extent permitted by
applicable laws, we may change
subscription fees at any time. We will
give you reasonable notice of any such
pricing changes by posting the new
prices on or through the App and/or by
sending you an email notification. If
you do not wish to pay the new fees,
you can cancel the applicable
subscription prior to the change going
into effect.
5.4. You authorize the App Stores to charge
the applicable fees to the payment
card that you submit. Charges are
collected by the App Store. We do not
charge any fees directly.
4
GoFit
TERMS AND CONDITIONS OF USE
5.5. By signing up for certain subscriptions,
you agree that your subscription may
be automatically renewed. Unless you
cancel your subscription, you
authorize the App Stores to charge
you for the renewal term. The period
of auto-renewal will be the same as
your initial subscription period unless
otherwise disclosed to you on the
Service. The renewal rate will be no
more than the rate for the immediately
prior subscription period, excluding any
promotional and discount pricing,
unless we notify you of a rate change
prior to your auto-renewal. You must
cancel your subscription in accordance
with the cancellation procedures
disclosed to you for the particular
subscription. We will not refund fees
that may have accrued to your account
and will not prorate fees for a
cancelled subscription.
5.6. We may offer a free trial subscription
for the Service. Free trial provides you
access to the Service for a period of
time, with details specified when you
sign up for the offer. Unless you cancel
before the end of the free trial, or
unless otherwise stated, your access to
the Service will automatically continue
and you will be billed the applicable
fees for the Service. We may send you
a reminder when your free trial is
about to end, but we do not guarantee
any such notifications. It is ultimately
your responsibility to know when the
free trial will end. We reserve the
right, in our absolute discretion, to
modify or terminate any free trial
offer, your access to the Service during
the free trial, or any of these terms
without notice and with no liability. We
reserve the right to limit your ability to
take advantage of multiple free trials.
5.7. The Service and your rights to use it
expire at the end of the paid period of
your subscription. If you do not 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 Service (and may do so
without notice).
5.8. Subscriptions purchased via the App
Store or Google Play are subject to
such appropriate Store’s refund
policies. This means we cannot grant
refunds. You will have to contact an
appropriate Store support.
6. USER REPRESENTATIONS AND RESTRICTIONS
6.1. By using the Service, you represent and
warrant that:
you have the legal capacity and you
agree to comply with these Terms;
you are not under the age of 13;
you will not access the Service
through automated or non-human
means, whether through a bot,
script or otherwise;
you will not use the Service for any
illegal or unauthorized purpose;
your use of the Service will not
violate any applicable law or
regulation.
6.2. If you provide any information that is
untrue, inaccurate, not current, or
incomplete, we have the right to refuse
any and all current or future use of the
Service (or any portion thereof).
6.3. You may not access or use the Service
for any purpose other than that for
which we make the Service available.
The Service may not be used in
connection with any commercial
endeavors except those that are
specifically endorsed or approved by
us.
6.4. As a user of the Service, you agree not
to:
systematically retrieve data or other
content from the Service to create
or compile, directly or indirectly, a
collection, compilation, database,
or directory without written
permission from us;
make any unauthorized use of the
Service;
make any modification, adaptation,
improvement, enhancement,
translation, or derivative work from
the Service;
use the Service for any revenue
generating endeavor, commercial
enterprise, or other purpose for
which it is not designed or intended;
make the Service available over a
network or other environment
permitting access or use by multiple
devices or users at the same time;
use the Service for creating a
product, service, or software that
is, directly or indirectly, competitive
with or in any way a substitute for
the Service;
use any proprietary information or
any of our interfaces or our other
intellectual property in the design,
development, manufacture,
licensing, or distribution of any
applications, accessories, or devices
for use with the Service;
circumvent, disable, or otherwise
interfere with security-related
features of the Service;
5
GoFit
TERMS AND CONDITIONS OF USE
engage in unauthorized framing of
or linking to the Service;
interfere with, disrupt, or create an
undue burden on the Service or the
networks or services connected to
the Service;
decipher, decompile, disassemble,
or reverse engineer any of the
software comprising or in any way
making up a part of the Service;
attempt to bypass any measures of
the Service designed to prevent or
restrict access to the Service, or any
portion of the Service;
upload or distribute in any way files
that contain viruses, worms,
trojans, corrupted files, or any
other similar software or programs
that may damage the operation of
another's computer;
use, launch, develop, or distribute
any automated system, including
without limitation, any spider,
robot, cheat utility, scraper, or
offline reader that accesses the
Service, or using or launching any
unauthorized script or other
software;
use the Service to send automated
queries to any website or to send
any unsolicited commercial e-mail;
disparage, tarnish, or otherwise
harm, in our opinion, us and/or the
Service;
use the Service in a manner
inconsistent with any applicable
laws or regulations; or
otherwise infringe these Terms.
7. DISCLAIMER OF ALL WARRANTIES
7.1. The App, content and other aspects of
the service are provided "as is" and "as
available". The App, content and other
aspects of the service are provided
without representation or warranty of
any kind, express or implied, including,
but not limited to, the implied
warranties of title, non-infringement,
integration, merchantability and fitness
for a particular purpose, and any
warranties implied by any course of
performance or usage of trade, all of
which are expressly disclaimed. The
company and its affiliates, licensors
and suppliers do not warrant that: (i)
the service, content or other
information will be timely, accurate,
reliable or correct; (ii) the service will
be secure or available at any particular
time or place; (iii) any defects or errors
will be corrected; (iv) the service will
be free of viruses or other harmful
components; or (iv) any result or
outcome can be achieved.
8. LIMITATION ON LIABILITY
8.1. In no event shall we (and our affiliates)
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
the app or content), or third-party ads,
even if we have been advised of the
possibility of such damages. access to,
and use of, the service (including the
app, 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.
8.2. Notwithstanding 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 or service 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.
8.3. Some jurisdictions do not allow the
limitation or exclusion of liability for
incidental of consequential damages,
so the above limitation or exclusion
may not apply to you and you may also
have other legal rights that vary from
jurisdiction to jurisdiction.
9. INTERNATIONAL USE
9.1. The Company makes no representation
that the Service is accessible,
appropriate or legally available for use
in your jurisdiction, and accessing and
using the Service is prohibited from
territories where doing so would be
illegal. You access the Service at your
own initiative and are responsible for
compliance with local laws.
10. GOVERNING LAW
10.1.The laws of Republic of Poland, govern
these Terms and your use of the
Service.
11. MISCELLANEOUS PROVISIONS
11.1.No delay or omission by us in exercising
any of our rights occurring upon any
noncompliance or default by you with
respect to these Terms will impair any
such right or be construed to be a
6
GoFit
TERMS AND CONDITIONS OF USE
waiver thereof, and a waiver by the
Company of any of the covenants,
conditions or agreements to be
performed by you will not be construed
to be a waiver of any succeeding
breach thereof or of any other
covenant, condition or agreement
hereof contained.
11.2.If any provision of these Terms is found
to be invalid or unenforceable, then
these Terms will remain in full force
and effect and will be reformed to be
valid and enforceable while reflecting
the intent of the parties to the greatest
extent permitted by law.
11.3.Except as otherwise expressly provided
herein, these Terms set forth the entire
agreement between you and the
Company regarding its subject matter,
and supersede all prior promises,
agreements or representations,
whether written or oral, regarding such
subject matter.
11.4.The Company may transfer or assign
any and all of its rights and obligations
under these Terms to any other person,
by any way, including by novation, and
by accepting these Terms you give the
Company consent to any such
assignment and transfer. You confirm
that placing on the Service of a version
of these Terms indicating another
person as a party to the Terms shall
constitute valid notice to you of the
transfer of Company's rights and
obligations under the Agreement
(unless otherwise is expressly
indicated).
11.5.All information communicated on the
Service is considered an electronic
communication. When you
communicate with us through or on the
Service or via other forms of electronic
media, such as e-mail, you are
communicating with us electronically.
You agree that we may communicate
electronically with you and that such
communications, as well as notices,
disclosures, agreements, and other
communications that we provide to you
electronically, are equivalent to
communications in writing and shall
have the same force and effect as if
they were in writing and signed by the
party sending the communication. You
further acknowledge and agree that by
clicking on a button labeled "SUBMIT",
"CONTINUE", "REGISTER", "I AGREE" or
similar links or buttons, you are
submitting a legally binding electronic
signature and are entering into a
l e g a l l y b i n d i n g c o n t r a c t . Yo u
acknowledge that your electronic
submissions constitute your agreement
and intent to be bound by these Terms.
YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS AND OTHER RECORDS AND TO
ELECTRONIC DELIVERY OF NOTICES,
P O L I C I E S A N D R E C O R D S O F
T R A N S A C T I O N S I N I T I AT E D O R
COMPLETED THROUGH THE SERVICE.
11.6.In no event shall the Company be liable
for any failure to comply with these
Terms to the extent that such failure
arises from factors outside the
Company's reasonable control.
12. CONTACT
12.1.If you want to send any notice under
these Terms or have any questions
regarding the Service, you may contact
us at: support@appercut.eu or by
postal mail Appercut Sp. z o. o.,
Tw ar d a N o 1 8 , 0 0 - 1 0 4 Wa r sa w, Po l a n d .
I HAVE READ THESE TERMS AND AGREE TO ALL OF
THE PROVISIONS CONTAINED ABOVE.