FitCheck App: Terms of Use
AGREEMENT TO OUR LEGAL TERMS
Welcome to Fashion IQ, Corporation (“Company,” “we,” “us,” “our“), a company registered in Delaware, United States. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Fashion IQ, Corporation concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services 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 Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENT
OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
PURCHASES AND PAYMENT
FREE TRIAL
CANCELLATION
SOFTWARE
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
GUIDELINES FOR REVIEWS
MOBILE APPLICATION LICENSE
THIRD-PARTY WEBSITES AND CONTENT
ADVERTISERS
SERVICES MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
All content, features, and functionality of the App, including but not limited to text, graphics, logos, and software, are the property of FitCheck or its licensors and are protected by intellectual property laws. You may not use, reproduce, or distribute any content from the App without our express written permission.
3. USER REPRESENTATIONS
By using the App, you represent and warrant that:
You have the legal capacity and agree to comply with these Terms.
You will provide true, accurate, current, and complete information when creating an account.
You will maintain the accuracy of such information and promptly update such registration information as necessary.
4. PURCHASES AND PAYMENT
Certain features of the App may require a subscription. Subscription fees, payment terms, and billing cycles will be specified within the App. By subscribing, you authorize us to charge your chosen payment method for the applicable fees. Additional scans or features may require an extra purchase.
5. FREE TRIAL
FitCheck may offer a free trial period for new users. The terms of the free trial will be specified within the App. After the trial period ends, your subscription will automatically convert to a paid subscription unless you cancel before the end of the trial period.
6. CANCELLATION
You can cancel your subscription at any time by following the instructions provided in the App. Upon cancellation, you will retain access to the App until the end of your current billing period.
7. SOFTWARE
Any software provided by us in connection with the App is subject to these Terms. We grant you a non-exclusive, non-transferable, revocable license to use the software solely in connection with the App.
8. PROHIBITED ACTIVITIES
You agree not to:
Use the App for any illegal or unauthorized purpose.
Interfere with or disrupt the App or servers or networks connected to the App.
Violate any applicable laws or regulations in connection with your use of the App.
9. USER GENERATED CONTRIBUTIONS
The App may allow you to submit content, such as comments and reviews. By submitting content, you grant us a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, modify, publish, and display such content in any media formats and through any media channels.
10. CONTRIBUTION LICENSE
You retain ownership of any content you submit, but by submitting content to the App, you grant us the right to use your content as described above without any compensation to you.
11. GUIDELINES FOR REVIEWS
When posting a review, you agree that:
Your review will comply with these Terms.
Your review will not contain any offensive, defamatory, or inappropriate content.
Your review will be honest and based on your actual experience with the App.
12. MOBILE APPLICATION LICENSE
We grant you a limited, non-exclusive, non-transferable, revocable license to download and install a copy of the App on a mobile device that you own or control, solely for your personal use.
13. THIRD-PARTY WEBSITES AND CONTENT
The App may contain links to third-party websites and content. We do not control, endorse, or assume any responsibility for any third-party websites or content.
14. ADVERTISERS
We may allow advertisers to display their advertisements on the App. Any dealings you have with advertisers found on the App are between you and the advertiser, and you agree that we are not liable for any loss or claim you may have against an advertiser.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (i) monitor the App for violations of these Terms; (ii) take appropriate legal action against anyone who violates these Terms; (iii) refuse, restrict access to, or disable (to the extent technologically feasible) any of your Contributions; (iv) remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (v) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.
16. PRIVACY POLICY
Please review our Privacy Policy, which also governs your use of the App, to understand our practices regarding the collection, use, and disclosure of your personal information.
17. TERM AND TERMINATION
These Terms will remain in full force and effect while you use the App. We may terminate or suspend your access to the App at any time, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. Upon termination, your right to use the App will immediately cease.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify or discontinue the App at any time, with or without notice to you. We are not liable to you or any third party should we exercise our right to modify or discontinue the App. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App.
19. GOVERNING LAW
These Terms and your use of the App are governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles.
20. DISPUTE RESOLUTION
Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Delaware. Each party shall bear its own costs and expenses.
21. CORRECTIONS
There may be information on the App that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
22. DISCLAIMER
The App is provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not guarantee the accuracy, completeness, or usefulness of any information provided by the App. We disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
23. LIMITATIONS OF LIABILITY
To the fullest extent permitted by applicable law, FitCheck shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the App; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the App; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless FitCheck and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Contributions, any use of the App's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.
25. USER DATA
We will maintain certain data that you transmit to the App for the purpose of managing the App, as well as data relating to your use of the App. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the App. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the App or in respect to the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the App. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
29. CONTACT US
If you have any questions about these Terms, please contact us at Hello@Yourfitcheck.com.
By using the FitCheck App, you agree to these Terms of Service. Thank you for choosing FitCheck to help you achieve your perfect fit.