Terms And Conditions

Introduction

Please read these Term and Conditions (“Terms”) carefully before using our website accessible at fitflow.ai including all pages and features (“Website), our application (when it’s available) (“App”), and related services. The Website and the App are owned and operated by Accelerate Media Group Inc., having its registered address at 9364 N Rinker Drive, Mechanicsville, VA 23116, United States, with company registration number 11321750 (“Company”, “we”, “us” or “our”).

Your access to and use of the Website, the App and our services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use our Website, App and services.

In addition to reviewing these Terms, please also review our Privacy Policy and any other terms and conditions that may be posted elsewhere on the Website, our App or otherwise communicated to our users.

By accessing or using our Website, App and/or services you (“you,” “your,” and “User”) agree to be bound by these Terms and our Privacy Policy, Licensed Application End User License Agreement and any other rules that are posted on our Website and/or App. If you disagree with any part of these Terms and our Privacy Policy then you do not have permission to access the Website and to use our App and/or services.

Eligibility

You warrant and agree that you have the right and legal capacity to enter into these Terms and to adhere to them. You warrant that you are at least 16 years old and that you are not a bot, script, or other computer or machine. If the law of your state/country requires us to obtain the consent of a parent or a legal guardian to process your personal information, you may not use our Website, App and Services, and provide us with your personal information without such consent.

Services and Subscriptions

On our Website and App, you may be offered to use Health and Lifestyle products and services, including other supplementary services (“Service” or “Services”). For using some of them you need to register an account. You are responsible for all activities under your password or account, and you shall keep your password confidential. You shall immediately notify us of any unauthorized use of your password or account or any other breach of security. You shall not disrupt the functioning of the Website and our App, solicit or use another user’s password or otherwise act in a way that interferes with other users’ use of the Website and the App.

In general, we offer initial, weekly, monthly and 3-month packages.

We may also offer free initial periods. We may, at our sole discretion, alter or terminate any initial offer, your ability to access the Service during the initial period, or any of these conditions without prior notice and without assuming any liability.

By selecting a Service and subscribing for a initial period and/or monthly package, you agree to pay us the fees indicated in the terms of such a initial period and/or a monthly package. Such fees will be charged on a pre-pay basis on the day you sign up for a initial period and/or a monthly package and will cover the use of that Service for a period as indicated. Payments are not refundable (including payments for unused part of a initial period and/or a monthly package). Even if you choose an installment payment basis and cancel your initial period and/or monthly package, you will have to pay all due fees. You agree that once you make a purchase, it is final and cannot be canceled, and the Company will not provide any refunds for the transaction, except where required by applicable law. However, the Company reserves the right to provide refunds at its discretion and subject to its published policies.

By submitting your payment card information, you authorize us and our payment providers to charge the appropriate fees to your payment card.

In the end of each initial period and/or monthly package such initial period and/or monthly package will be automatically prolongated and all applicable fees will be charged automatically except otherwise is specified in terms of such subscriptions. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Website and/or the App. Also, you can cancel your initial period and/or monthly package before their end by reaching our customer support by writing to [email protected]. It is your responsibility to know the expiry date of your initial period and/or monthly package. Note that deleting the App does not cancel your subscriptions.

Cancellation Of An Initial Period And A Monthly Package

You can cancel your initial period and/or monthly package before their end by following our instructions mentioned below. It is your responsibility to know the expiry date of your initial period and/or monthly package.

Cancellation of an initial period before its end will mean that you waive your rights for subsequent initial periods unless we specify otherwise.

There are the following ways to cancel an initial period and/or a monthly package, depending on where you purchased them. In case you purchased a monthly package or activated a initial period on our Website, you can cancel an initial period and/or a monthly package in your profile. To prevent being charged, make sure to cancel an initial period and/or a monthly package before your initial period and/or monthly package expires.

Subscriptions:

1 Month Subscription: $38.95 / 28 days ($1.39 per 1 day)
1 Week Subscription: $17.77 / 7 days, then $38.95 / 28 days ($2.53 per 1 day)
3 Month Subscription: $66.65 / 86 days ($0.79 per 1 day)

When purchasing the 1 Week Subscription, you confirm that:

You are 18 years old or older
You accept the Terms and Conditions and Privacy Policy
You agree that after the end of the initial period, your membership will be renewed automatically for a full price of $38.95 (excl. VAT) per month and further will be renewed every month until you unsubscribe
Taxes will be calculated at the checkout.

When purchasing the 1 Month Subscription or 3 Month Subscription, you confirm that:

You are 18 years old or older
You accept the Terms and Conditions and Privacy Policy
You agree that your membership will be renewed automatically for the same price of $38.95 or $66.65 (excl. VAT) per month or per 3 month accordingly
Your subscription will be renewed at the start of each next billing period (28 days or 86 days) until you unsubscribe
Taxes will be calculated at the checkout.

Refund Policy

Apart from the refund rights granted under applicable laws, you may be entitled to a refund if you did not achieve visible results with our Services, subject to all of the following conditions: 1. You shall contact us within 30 days of your initial purchase and before the end of your monthly package.

You shall have followed our program for at least 7 consecutive days within the first 30 days of purchase.
You shall be able to provide evidence that you followed the program by sending us screenshots from the Website and/or the App proving that you have finished at least 7 workouts, meditation, or other sessions within the first 30 days after the purchase.

If you are a resident of California or Connecticut, you have the right to cancel your purchase at any time before midnight of the third business day following the purchase date. If you are a resident of California who is 65 years of age or older, you have the right to cancel your purchase at any time before midnight of the fifth business day following the purchase date.

All requirements for refund shall be made to [email protected].

Your use

Unless otherwise specified in these Terms, our Services are intended for your personal, non-commercial use only. You may not access our Website, App, and Services or any of their content except for personal, non-commercial use. You are solely responsible for all your usage of, or activities on our Website and App.

You shall comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using our Website, App and/or Services. You shall immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with our Website, App and Services.

You are prohibited from:

accessing, visiting or using our Website, App and/or Services by use of anyone else’s account;
accessing, visiting or using the Service simultaneously by multiple users or devices through a network or other environment;
using our Website, App and/or Services for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for our Website, App and/or Services;
impersonating, imitating or pretending to be somebody else, by setting up different accounts;
authorizing or permitting anyone else to access or use your account;
falsely stating, representing, or implying any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your website, application, destination or service, with our Website, App, Services and/or the Company;
posting, uploading, transmitting, sending or otherwise making available junk mail, spam, pyramid schemes, chain letters, phishing, advertising, commercial offers, and unsolicited bulk communication;
using any bots, cheats, macros, scripts, or any form of auto-responder, or using any other automated process;
manipulating identifiers in order to disguise the origin of any content you may post, upload, transmit, send, or otherwise make available on or through our Website, App and/or Services;
abusing, intimidating, bullying, and harassing other users;
infringing, violating, or breaching the copyright, trademark, trade secret or any other personal or proprietary right of us, other users, and/or any third party;
copying, reproducing, modifying, changing, editing, cropping, altering, revising, adapting, translating, enhancing, rearranging, resizing, creating derivative works of, moving, removing, deleting, or erasing any content, Services, the Website, the App or part of them, copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempting to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of our Services;
deriving any source code or underlying ideas or algorithms of our Website, App and/or Services, in whole or in part;
disrupting, attacking, hacking, destroying, damaging, disabling, impairing, repossessing, altering, tampering or interfering with our Website, App and/or Services;
making available on or through our Website, App and/or Services any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.

User’s Content

We may provide you with the ability to submit user-generated content to the Website and the App, which may include but is not limited to text, photos, videos, instructions/tutorials, designs, and other content (collectively “User`s Content”). Except as otherwise licensed herein, you own all rights in and to your User`s Content. By submitting User`s Content to our Website and/or App, you grant us a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User`s Content for the customary and intended purposes of our Website and/or App and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, and use any of the User`s Content. You agree to waive all moral rights in and to your User`s Content across the world, whether you have or have not asserted moral rights in or to your User`s Content. You warrant that any User`s Content that you submit to our Website and/or App will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. By submitting your User`s Content on our Website and/or App, you warrant and represent that you own the rights to User`s Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute and also sublicense these rights of User`s Content.

Pay attention, that each user of our Website, App, and/or Services is solely responsible for any User Content they create. As we do not control the User Content, you acknowledge that we are not liable for any User Content and we do not guarantee the accuracy, currency, suitability, or quality of any User Content. We assume no responsibility for any User Content. Your interactions with other users of our Website, App, and/or Services are solely between you and the other user. You acknowledge that the Company is not responsible for any loss or damage that may arise from such interactions. If there is a dispute between you and another user of our Website, App, and/or Services, the Company is not obligated to get involved.

Intellectual property

All text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, software, trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names used on our Website, App and/or Services (collectively, “Our Content“), is our property or the property of our licensors, and the compilation of Our Content on our Website and/or App is our exclusive property, protected by international copyright laws, treaties and conventions.

Our Content may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. We grant you a revocable, non-transferable, non-sublicensable, non-exclusive, limited license to:

– access and make personal use of the Website for non-commercial purpose only;

– download, install and use the App solely for personal, non-commercial purposes and strictly in accordance with the terms.

None of Our Content of our Website and/or App or any other Internet website or app owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except otherwise is specified in these Terms.

Errors

The materials appearing on our Website and/or App can include technical, typographical, or other types of errors. We do not warrant that any of the materials on our Website are accurate, complete, or current. We may make changes to the materials contained on our Website and/or App at any time without notice, but we do not make any commitment to update the materials.

Disclaimer

You acknowledge that your use of our Website, App and Services is at your sole risk.

Our Website, App and Services are provided on an “AS IS” and “AS AVAILABLE” basis. Our Website, App and Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We and our subsidiaries, affiliates, licensors, directors, employees and service providers do not warrant that:

our Website, App and Services will function uninterrupted, secure or available at any particular time or location;

any errors or defects will be corrected;

our Website and App are free of viruses or other harmful components;

the results of using our Website, App and/or Services will meet your requirements.

The Website and the App are not a replacement for professional healthcare services and may not be suitable for all individuals. It is intended to serve as a tool that may be helpful in accomplishing your overall health, fitness and wellness objectives. Prior to accessing or utilizing the Services, you agree to release the Company from any and all liability, recognized or unrecognized, resulting from your use of the Services.

The sports exercises and information provided on the Website and the App are intended for general informational purposes only and do not constitute medical advice. You should consult with your physician or other healthcare provider before starting any exercise program, especially if you are pregnant, nursing, elderly, or have any chronic or recurring conditions. The information on the Website and the App should not be used to diagnose or treat any medical condition or illness, and should not be relied upon as a substitute for professional medical advice, diagnosis, or treatment. By using our Website, App and Services, you acknowledge and agree that you assume full responsibility for your own health and safety when engaging in any physical activity or exercise and/or using our Services.

Using our Services provided by the Company does not establish or imply the existence of a healthcare professional relationship, including but not limited to a doctor-patient or therapist-patient relationship, between you and the Company. The content provided on the Website and/or the App is solely for informational and entertainment purposes and is not meant to be a substitute for any professional advice, whether financial, medical, legal or otherwise.

We do not provide any assurance regarding the level of success you may achieve, and you acknowledge that individual results may vary. Any testimonials or examples provided on our Website and/or App represent exceptional outcomes that may not apply to the average person, and should not be considered as a guarantee that anyone will achieve the same or similar results. We cannot guarantee your future success and/or results and that you will maintain the results you achieve as such results depend on your background, dedication, desire, and motivation.

The Company is not responsible for any inaccuracies or errors related to food recipes, exercises, or other content provided on our Website and/or App. It is important to read all information provided by the manufacturers of food products, both online and on the actual packaging and labels, including ingredient and nutrient content, food allergen and contact information, and health claims, before using or consuming any product.

Limitation of liability

In no event shall we, our subsidiaries, affiliates, licensors, directors, employees and service providers be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, resulting from:

your access to or use of or inability to access or use our Website, App and/or Services;

any conduct or content of any third party on our Website, App and/or Services;

any content obtained from our Website, App and/or Services;

unauthorized access, use or alteration of your transmissions or content.

Your use of our Website, App and Services is solely at your own risk, and the Company shall not be held responsible for any harm caused to your computer system, loss of data, or any other damages to you or any third party, including bodily harm, that may arise from your access to or use of the Services or reliance on any information or advice provided on our Website and/or App.

If you are a California resident, you hereby waive the provisions of section 1542 of the California Civil Code, which states that a general release does not include claims that the releasing party and/or creditor is not aware of and that, if known, could have materially affected the settlement.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless the Company and its affiliates or related entities from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expenses (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your access, visitation and/or use of our Website, App and/or Services, your User`s Content, breach or alleged breach of the Terms, or from any of your acts or omissions in connection with our Website, App and/or Services.

The Company has the authority, at your cost, to take over the exclusive defense and management of any case for which you shall compensate us, and you consent to assist us in our defense of these allegations. Without the Company’s prior written permission, you pledge not to resolve any matter. The Company will use reasonable efforts to notify you of any such allegation, lawsuit, or proceeding when it becomes aware of it.

Third-party services, advertisements and resources

We do not review all of the websites, third-party services, advertisements and resources, which have links on our Website and/or App and we are not responsible for the contents of any such linked websites and services. The inclusion of any link does not imply endorsement of such a website or service by the Company. Use of any such linked website and service is at your own risk.

Any transactions or interactions that you have with third-party advertisements found on or through the Website and/or App, including payment and delivery of related goods or services, are solely between you and the merchant or advertiser in question. The Company is not responsible for any issues, disputes, or damages that may arise from such transactions or interactions with third-party advertisements.

By using the App, you acknowledge and agree that the availability of the App is subject to the terms and conditions of the third party from which you received the App, such as the Apple App Store, Google Play and/or other app stores, which are collectively referred to as “App Stores” and each as an “App Store”.

By using the App, you agree to be responsible for paying all fees charged by the App Stores in connection with the App, if there are such. Additionally, you are required to comply with all applicable agreements, terms of use/service, and other policies of the App Stores. Your license to use the App is conditioned upon your compliance with these terms. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of these Terms and will have the right to enforce these Terms.

By using our Website and/or App, you hereby release the Company, its officers, employees, agents, and successors from any and all claims, demands, losses, damages, rights, claims, and actions of any kind, including personal injuries, death, and property damage, whether directly or indirectly related to or arising from any interactions with or conduct of any App Store, other Website and/or App users, or any third-party advertisements.

EULA can be found here.

Termination

The Company reserves the right to terminate, discontinue, suspend and/or restrict our Website, App and/or Services, your account, and/or the Terms, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice.

In the event of any termination or discontinuation of your account, your ability to access, visit and/or use the Service or any portion thereof will be suspended.

You may terminate this Terms by doing all the next actions:
– terminating your account (if you register it);

notifying us about your intention to terminate these Terms;

ceasing to use our Website, App and/or Services.

Governing law

These Terms shall be interpreted under and governed by the laws of United States. Any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of United States.

The User and the Company agree to use reasonable efforts to resolve any dispute(s) that may arise regarding these Terms and our Website, App and/or Services. In case a dispute arises under or with respect to these Terms the user may contact the FitFlow support team via [email protected]

Miscellaneous

We reserve the right to transfer or assign any of our rights and obligations under these Terms to any third party. By agreeing to these Terms, you consent to any such assignment or transfer by us.

We reserve the right to exercise any of our rights in case of noncompliance or default by you with respect to these Terms without any delay or omission. Such exercise of our rights will not be construed as a waiver, and we will still retain such right even if we delay in exercising it. Similarly, if we waive any of the covenants, conditions, or agreements to be performed by you, it will not be considered as a waiver of any succeeding breach or any other covenant, condition, or agreement contained in these Terms.

These Terms and our Privacy Policy constitute the entire agreement between you and us regarding our Website, App and/or Services, and supersede and replace any prior agreements we might have had between you and us regarding the Services.

If any provision of these Terms is held invalid by a court decision, statute, rule or otherwise, the remainder of these Terms shall not be affected thereby.

We may revise these Terms at any time without notice. We will publish the revised Terms on our Website. By continuing to use our Website, App and/or Services you agree to be bound by the new version of these Terms.

If you have any questions about these Terms, please contact us at [email protected].

REVISED: 03/2024