1. IntroductionThese Terms & Conditions (the “Terms”) govern your access to and use of the Fit4Me web and mobile application and related websites, pages, and services (collectively, the “Services”).Who we are / contracting party. The Services are operated and provided by Wellorithm Fit4Me Systems LLC(Company Number L26000213559) of 3003 Tamiami Trl N, Ste 300, Naples, Florida 34109, USA (“Wellorithm”, “we”, “us”, “our”). Wellorithm is the contracting party under these Terms.IP owner and licensing. Nutrionika LLC (3003 Tamiami Trl N, 3rd floor, Naples, Florida 34103, USA) owns the Fit4Me intellectual property and related trademarks (“IP Owner”). Wellorithm provides the Services to end users under a reseller/license arrangement with the IP Owner.Other terms and policies. Your use of the Services is also subject to our Privacy Notice and any other policies or disclosures we publish for the Services (together, the “Policies”), which are incorporated into these Terms by reference. If there is a conflict between these Terms and a Policy, the document that more specifically addresses the issue will control.Other terms and policies. Your use of the Services is also subject to our Privacy Notice, our Refund Policy, and any other policies or disclosures we publish for the Services (together, the “Policies”), which are incorporated into these Terms by reference. If there is a conflict between these Terms and a Policy, the document that more specifically addresses the issue will control.For support, contact support@fit4me.io.By accessing or using the Services, creating an account, or purchasing a subscription or other product, you agree to these Terms. If you do not agree, do not use the Services.2. Eligibility and accountYou must be at least 18 years old (or the age of majority where you live) to create an account or make purchases.You are responsible for:- maintaining the confidentiality of your login credentials;
- all activity that occurs under your account; and
- providing accurate information and keeping it current.
You must notify us promptly at support@fit4me.io if you suspect unauthorized access to your account.3. Health and medical disclaimerThe Services are not a medical device and do not provide medical advice.The Services are provided for general wellness and informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider regarding any medical condition.To the maximum extent permitted by law, we disclaim all liability arising from your use of any health, fitness, diet, or wellness information provided through the Services.4. Purchases, subscriptions, and billingWe may offer subscriptions and one-time purchases (collectively, “Paid Services”). Prices, billing periods, and included features are shown at checkout or in the app.Authorization to charge. By purchasing Paid Services, you authorize us (and our payment processors) to charge your selected payment method for the amounts presented to you, including any applicable taxes.Automatic renewal. Subscriptions renew automatically until canceled. Unless otherwise stated, your payment method will be charged at the beginning of each billing period.Canceling. You can cancel at any time through your account settings or the platform where you subscribed. Cancellation takes effect as described at the time of purchase and may take effect at the end of the then-current billing period.App store purchases. If you subscribe through Apple App Store or Google Play, billing, cancellation, and refunds are handled by the applicable store and subject to its terms. Where applicable law provides non-waivable rights, those rights remain.5. Trial offers and promotionsWe may offer free or discounted trials and promotions. If you do not cancel before the trial ends, you will be charged the amount disclosed at signup. Trial availability and eligibility may be limited and may change.6. RefundsRefunds depend on where you purchased the Paid Services and on applicable law, and are further described in our Refund Policy.App store purchases. If you purchased through Apple App Store or Google Play, refund requests must be submitted through the relevant app store, subject to its terms.Direct purchases (if available). If you purchased directly from us (not through an app store), we do not generally provide refunds for subscription fees or digital content once delivered or accessed. However, we will provide refunds where required by applicable law, and nothing in these Terms limits any non-waivable consumer rights.7. Acceptable useYou agree not to (and not to attempt to):- use the Services for unlawful, fraudulent, or abusive purposes;
- interfere with or disrupt the Services, servers, or networks;
- reverse engineer, decompile, or attempt to derive source code except to the extent such restriction is prohibited by law;
- use automated means to access the Services in a way that imposes an unreasonable load; or
- infringe or violate the rights of others.
We may suspend or terminate your access if we reasonably believe you violated these Terms, we must do so to comply with law, or to protect the Services, users, or third parties.8. Third-party servicesThe Services may integrate with or link to third-party services (for example, payment processors, app stores, analytics, hosting). We are not responsible for third-party services and your use of them is governed by their terms.9. Intellectual propertyThe Services, including software, content, trademarks, and all related intellectual property, are owned by the IP Owner and/or its licensors and are protected by US and international laws.Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use (unless we expressly allow otherwise).10. User contentIf the Services allow you to submit content (e.g., comments, messages, images) (“User Content”), you retain ownership of your User Content.You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, modify (for technical formatting only), and display your User Content solely to operate, provide, secure, and improve the Services.You represent that you have all rights necessary to provide User Content and that it does not violate law or third-party rights.11. Availability, changes, and terminationWe may change, suspend, or discontinue any part of the Services at any time. We may also update these Terms.If we make material changes, we will provide notice as required by law (for example, via the Services or by email). Your continued use after the effective date of updated Terms means you accept the updated Terms.We may terminate or suspend your access for violation of these Terms or if required to comply with law. You may stop using the Services at any time.12. DisclaimersTHE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.13. Limitation of liabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLORITHM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES.TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO WELLORITHM FOR THE PAID SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR USD 100 IF YOU HAVE NOT PAID US).Some states do not allow certain limitations of liability; in such cases, these limitations apply only to the extent permitted by law.14. IndemnificationTo the extent permitted by law, you agree to indemnify and hold harmless Wellorithm and its affiliates, officers, directors, employees, agents, and suppliers from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; or (c) your violation of any rights of a third party.15. Dispute resolution; arbitration; class action waiver (US only)Please read this section carefully. It affects your legal rights.Applies to US users. This Section 15 applies only if you are a resident of the United States. If you are not a US resident, Section 16 (Governing law and venue) applies without arbitration unless applicable law requires otherwise.To the maximum extent permitted by law, you and Wellorithm agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved by binding arbitration on an individual basis, except that either party may seek relief in small claims court for eligible claims.Informal resolution. Before starting arbitration, you agree to contact us at support@fit4me.io and provide a brief description of the Dispute and your contact information. The parties will try to resolve the Dispute informally for 30 days.Arbitration. If not resolved, the Dispute will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or other rules that apply), as modified by these Terms.Class action waiver. You and Wellorithm agree that Disputes will be brought only on an individual basis and not as a plaintiff or class member in any purported class or representative action. The arbitrator may not consolidate claims or award relief to anyone other than the individual party.Exceptions and limitations. Some jurisdictions do not allow mandatory arbitration or class action waivers for certain claims. In such cases, this section will apply only to the extent permitted by applicable law.16. Governing law and venueThese Terms are governed by the laws of the State of Florida and applicable US federal law, without regard to conflict of law principles.If the arbitration agreement in Section 15 is found unenforceable for a particular Dispute, then that Dispute will be resolved exclusively in the state or federal courts located in Florida, and you consent to personal jurisdiction in those courts.If you are a consumer and the laws of your country of residence provide you the right to bring disputes in your local courts (and/or under your local mandatory consumer protection rules), nothing in these Terms limits those rights.17. SeverabilityIf any provision of these Terms is held unlawful, void, or unenforceable, that provision will be deemed severed and will not affect the validity and enforceability of the remaining provisions.18. Entire agreementThese Terms (together with the Policies referenced in the Services) form the entire agreement between you and Wellorithm regarding the Services and supersede any prior agreements.19. ContactWellorithm Fit4Me Systems LLCEmail: support@fit4me.io