TERMS OF USE AGREEMENT BETWEEN USER AND MacroActive Limited trading as FitSW

TERMS OF USEs

Please read this agreement ("Agreement") carefully before accessing or using the FitSW Websites at www.FitSW, and its affiliated sites (the "Sites"). By accessing or using the Sites, You agree to be bound by this Agreement. MacroActive Limited ("FitSW" or "We") provides the information and services on these Sites to you, the user, conditioned on your acceptance without modification of the terms and notices contained herein. Your use of the Sites constitutes your agreement to all such terms, conditions and notices. These Terms and Conditions of use apply to information you have received on the Sites in the past.

The information and services offered on the Sites are provided with the understanding that neither FitSW nor its representatives are engaged in rendering legal services or other such advice. Your use of the Sites is subject to the additional disclaimers and notices that may appear throughout the Sites and to the terms and conditions of the FitSW Limitation of Liability Agreement (Individual) discussed below.

FitSW and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on these Sites. FitSW and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

These Sites and the information and services we provide may not be used by children under the age of 13.

FitSW may decline to provide you services at our sole discretion.

PRIVACY POLICY

At FitSW, user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers ("You"). We also strive to protect the personal and confidential information of those who use our on-line services. Click here for our entire Privacy Policy. This policy may be updated by us from time to time, so please check here frequently.

LIABILITY RELEASE AGREEMENT

The services provided by a personal trainer may involve certain risks to participants. Click here to read our Liability Release Agreement. You hereby agree to all terms, conditions and notices contained in that agreement.

PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES

We may provide a site for personal trainers and clients to exchange information (the "Services"). FitSW grants You access to the Sites during the term of this agreement solely to receive the Services and related information on the Sites. You may access, download, print, copy and distribute and modify materials as necessary to receive the Services. You may not license, create derivative works from, frame in another Web page, use on any other Website, or sell any information, databases or lists obtained from the Sites. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Websites without our prior written permission. You will comply with all privacy laws. You may not engage in the practices of screen scraping, data mining or any other bulk information gathering in connection with the Sites. PROPRIETARY RIGHTS

All materials on these Sites (as well as the organization and layout of the Sites), except for the data and information that You have entered, are owned and copyrighted, licensed by, or used with permission that is granted to FitSW. No reproduction, distribution, or transmission of the copyrighted materials at these Sites is permitted without the prior written permission of FitSW.

YOUR ACCOUNT

If you use these Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Sites is terminated, you will (i) immediately notify FitSW, (ii) cease using the Sites and any information obtained from the Sites, and (iii) destroy all copies of your account information, password and any information obtained from the Sites. FitSW members will receive a password that provides access to Members Only areas of the websites. The FitSW membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password is violating the conditions of this agreement. This could result in an automatic termination of membership and violators may be subject to a contract violation fee.

FitSW reserves the right to deny services to anyone.

REFUND AND CANCELLATION POLICY

Membership subscription fees are not refundable. Membership subscriptions are not transferable and only you are authorized to use this membership. Only registered FitSW members have permission to view and print any and all of the information provided within the FitSW website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of FitSW. You may cancel your membership at any time but no refund will be provided on the subscription fees already paid. Your membership will automatically renew until FitSW receives cancellation notice from you. Automatic renewal dates are based on the date that you provide payment.

Custom Web Application fees and payments are not refundable. Custom iOS Application fees and payments are not refundable. Custom Android Application fees and payments are not refundable.

FitSW will not be responsible for issuing any refunds on behalf of the trainer to the trainer’s client(s). Stripe transactions between trainers and clients are final. It is up to the trainer’s discretion on how to issue refunds to clients.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of these Sites, you warrant to FitSW that you will not use these Sites for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Sites automatically terminates.

You may not, without the prior written permission of FitSW, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on these Sites or accessed through these Sites.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THESE SITES AND THE SERVICES OFFERED AT THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FitSW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FitSW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITES OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR THE SERVICES.

LINKS TO THIRD PARTY SITES

These Sites may contain hyperlinks to websites operated by parties other than FitSW, or its affiliates. Such hyperlinks are provided for your reference only. FitSW does not control such websites, and is not responsible for their content. Inclusion of hyperlinks by FitSW to such websites does not imply any endorsement of the material on such websites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the FitSW privacy policy is applicable only when you are on our Sites, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

USE OF SUBMISSIONS

You grant us the right to use, reproduce, modify, distribute, and display any material, including your testimonials, that you supply or communicate to the Sites for any purpose related to the Sites and the performance of the Services.

CHANGES TO SITES

FitSW may make improvements or changes in the information, services, products, and other materials on these Sites, or terminate these Sites at any time. FitSW may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of these Sites shall be deemed your acceptance of the modified Agreement.

MISCELLANEOUS

This Agreement and the resolution of any dispute related to this Agreement or these Sites shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law. Failure by FitSW to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of these Sites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between FitSW and you related to this Agreement shall be brought exclusively in the courts of New Zealand. The parties hereby submit to the exclusive jurisdiction of the courts of New Zealand, and waive any objection to the jurisdiction and venue of such courts. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. This software is not intended to diagnose, treat, cure or prevent any disease. This scoring system has not been evaluated by a physician or physical therapist. FitSW and other logos, product and service names are trademarks and service marks owned by or licensed to FitSW or its affiliates (the "Marks"). Without the prior written permission of FitSW, or its appropriate affiliates, you agree not to display or use in any manner, the Marks. © 2024 FitSW, Inc. All rights reserved.