- Your Use.
The Fitcy Services are intended for anyone over the age of eighteen (18). However, if you are between thirteen (13) to seventeen (17) years of age, you may only access and/or use any of the Services with the consent of your parent or guardian. Membership in the Service is not valid in those jurisdictions where the Service is prohibited by law or by our policies. By using our Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and that you abide by all of the terms and conditions of this Agreement.
Fitcy shall connect you with a Fitcy specialist (“Specialist(s)”) who shall provide you with the relevant service(s) throughout your use of our Service through our website, application(s), content, and/or platform (collectively referred to as “our website”).
We require that every Specialist be accredited, trained and experienced in compliance with our specific criteria for their relevant field. You may contact us at [email protected] for the requirements we set for our Specialists.
The Specialists are independent providers who are neither our employees nor agents nor representatives. Our website’s role is limited to enabling the Specialists to provide their services, while the advice provided is the responsibility of the Specialist who provides it. If you feel the services provided by the Specialist do not fit your needs or expectations, you may change to a different Specialist who provides services through our website.
While we hope the Service is beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
We do not provide medical advice or care. If you are thinking about suicide or if you are considering harming yourself or others or if you feel that any other person may be in any danger or if you have any medical emergency, you must immediately call the relevant emergency service number and notify the relevant authorities. Seek immediate in-person assistance. The Service is not designed for use in any of the aforementioned cases and the Specialists cannot provide the assistance required in any of the aforementioned cases.
The Service is not intended for the provision of clinical diagnosis requiring an in-person evaluation and you should not use it if you need any official documentation or approvals for purposes such as any court-ordered counselling. It is also not intended for any information regarding which drugs or medical treatment may be appropriate for you, and you should disregard any such advice if delivered through our Services.
Do not disregard, avoid, or delay in obtaining in-person care from your doctor or other qualified professional because of information or advice you received through the platform.
- Changes to the Terms.
We may, in our sole discretion, edit, modify, add, or remove any part of this Agreement at any time without providing prior notice to you. Please ensure to periodically check our website for any changes to the Agreement. Any modifications to the Agreement shall be effective immediately for all new and existing users. By your continued use of the Service, you explicitly agree to any such changes.
We endeavour to accurately provide all prices on our Service. We reserve the right to refuse or cancel purchases made through the Service in the scenario where we provide an incorrect price or provide you with the wrong information. All prices mentioned on the Service may be changed without providing any prior notice. The prices mentioned on the Service are per person, unless mentioned otherwise.
You agree to pay Fitcy for all charges at the agreed upon prices for any use of the Service by you or other persons using your account, and you authorize Fitcy to charge your chosen payment provider (your “Payment Method“) for the use of the Service. We reserve the right to correct any errors or mistakes that we make in relation to your payment, even if we have received payment. However, if it is a mistake from our side, we endeavour to rectify it as soon as possible.
- Payment Method.
Payment for your use of the Service shall be based on your Payment Method and shall be governed by a separate agreement between you and your choice of Payment Method. In the scenario where we do not receive payment from your chosen Payment Method, you explicitly agree to immediately pay all amounts due to Fitcy; otherwise, we reserve the right to suspend or terminate your access to the Service(s).
- Accuracy of Information.
You unequivocally agree to inform us in the scenario where your payment method has been cancelled, or in the scenario where you have become aware of a potential breach of your Payment Method, or of the unauthorized use or disclosure of your access to the Service.
- Recurring Billing.
By agreeing to this Agreement, you accept that you may be charged on a recurring basis and you accept complete responsibility for all charges. We reserve the right to make periodic charges, without further authorization from you, until you provide prior written notice to us that you have terminated this authorization or wish to change your Payment Method. Such notice shall only be deemed effective upon our confirmation that your Payment Method has been changed.
- Reaffirmation of Authorization.
By your non-termination or continued use of the Service, you authorize us to charge your Payment Method. We reserve the right to submit those charges for payment and you will be responsible for such charges. This does not waive Fitcy’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described on the applicable payment screen.
Fitcy does not provide refunds for use of the Service or for subscriptions of our Services. If you terminate your membership, you may use it until the end of your then-current term; your membership will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription paid for the then current period unless you haven’t used your subscription privileges at all, and you request a refund via Fitcy support during the time your membership is still in effect, and Fitcy will review your refund request. Such a decision shall be made by Fitcy in its sole discretion.
- Free Trials and Other Promotions.
Any free trial or other promotion must be used within the specified time of the trial. You must choose to terminate your access to the feature or service before the end of the trial period in order to avoid being charged the applicable fee and/or put on a follow up subscription membership plan as communicated to you during the signup process to the free trial or promo. If you terminate access prior to the end of the trial period and are inadvertently charged a fee, please contact Fitcy support to have the charges reversed.
If you are unable to attend a reservation that has been booked during your free trial, you will be charged a fee for the delay or non-attendance.
- Cancellation of Fitcy Sessions.
Members may cancel Fitcy sessions (each, a “Fitcy Session”) between the time you schedule a Fitcy Session and twenty-four (24) hours prior to the scheduled commencement of the Fitcy Session (the “Cancellation Period”).
- If you cancel a Fitcy Session during the Cancellation Period, you will be able to reschedule the Training Session. You can always roll over one session from one week to the next.
- If you cancel a Fitcy Session outside of the Cancellation Period, you will lose this Training Session.
- Your Interactions with Other Members.
- Interactions with Specialists or other Fitcy users. You are solely responsible for your interactions with other users or with our Specialists whether on the Service or if done outside the scope of the Fitcy Sessions. In such cases, Fitcy makes no representations or warranties as to the conduct of Fitcy users or Specialists and shall not be in any way liable for any conduct. You agree to take reasonable precautions in all interactions with other users and/or Specialists. You should not provide your personally identifiable information or any financial information (for example, your credit card or bank account information, home address, etc.) whatsoever to other Fitcy users or to the Specialists.
- Release. You hereby expressly release Fitcy from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected in any way with your use of the Service, your interaction with other users and the Specialists, or other entities.
- Term and Termination.
This Agreement will remain in full force and effect while you use the Service and/or maintain an account with Fitcy. You may terminate your membership, subject to the terms related to cancellation of membership contained in this Agreement, at any time, for any reason, by emailing us a written notice. If you terminate your membership via the Fitcyhealth.com website, to help Fitcy analyze and improve the Service, you may be asked to provide a reason for your termination. Fitcy may, in its sole discretion and for any or no reason, terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Fitcy. If Fitcy terminates your membership in the Service, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of Fitcy. Fitcy is not required to provide you notice prior to terminating your membership. Fitcy is not required to disclose, and may be prohibited from disclosing, a reason for the termination of your account.
- Account Security.
You are responsible for maintaining the confidentiality of the username and password that you use to register for and use the Service. You agree to (a) immediately notify Fitcy of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fitcy will not be liable for any loss or damage arising from your failure to comply with this provision. We shall endeavour to keep a high level of security of all our data; however, in the scenario where the data held by Fitcy is stolen and/or leaked, we shall not be held liable in any way or form. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not share your account with any other person.
- Content on Fitcy.
- Proprietary Rights.
Fitcy, and its licensors, own and retain all proprietary rights in the Service. The Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of the Service (the “Fitcy Materials”) that are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any Fitcy Materials. Fitcy Materials do not include User Content (as defined below) or other content submitted by users. Fitcy retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Service or Fitcy Materials, except for the limited license rights set forth in this Agreement.
- Reliance on Content.
Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Service, but not directly by Fitcy, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Fitcy does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Service. Under no circumstances will Fitcy or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or transmitted to or by any users or Specialists.
- Content Posted by You on the Service.
- Accurate Content.
You are solely responsible for the User Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
- Moderating Content.
You understand and agree that Fitcy may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “User Content“), in each case in whole or in part, that in the sole judgment of Fitcy, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of Members.
- License to User Content.
By posting User Content to any public area of Fitcy, you automatically grant, and you represent and warrant that you have the right to grant, to Fitcy, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user and Member of the Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
- Representations and Warranties.
In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Service, to authorize Fitcy to use the User Content in the manner contemplated by Fitcy and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by Fitcy and other users will not infringe or violate the rights of any third party or violate any applicable law or regulation.
- Prohibited User Content.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Service. Fitcy reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libellous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual or violent manner, or solicits personal information from anyone who cannot legally provide consent to provide said personal information;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- any other objectionable material in Fitcy’s sole discretion.
- Member Profile.
All information you include in your member profile, including without limitation the information provided in relation to your Payment Method, must be accurate, current and complete. If information provided to Fitcy, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Fitcy of such change.
- Prohibited Activities.
Fitcy reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
- You will not impersonate any person or entity.
- You will not “stalk” or otherwise harass any Fitcy employee, member, user, or Specialist.
- You will not express or imply that any statements you make are endorsed by Fitcy without our explicit prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Service or the site or the servers or networks connected to the Service or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not “frame” or “mirror” any part of the Service or the Service, without Fitcy’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Fitcy or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
- Modifications to Service.
Fitcy reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fitcy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses.
In order to protect the integrity of the Service, Fitcy reserves the right at any time in its sole discretion to block members from certain IP addresses from accessing the Service.
To the fullest extent permissible pursuant to applicable law, Fitcy, and its affiliates, owners, partners, and suppliers disclaim all warranties, statutory, express, implied or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non- infringement. You expressly agree that the use of the Service is at your sole risk and that any advice, guarantees or promises that may be posted on the Service is for informational and entertainment purposes only and will not create any warranty not expressly stated herein. The Service, user content and any third-party media, content, software, services or applications made available in conjunction with or through the Service are provided on an “as is”, “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.
- Operation and Content.
Fitcy is not responsible for any incorrect or inaccurate content posted on or in connection with the Service, whether caused by users of the Service, members, Specialists, or by any of the equipment or programming associated with or utilized in the Service. Fitcy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. Fitcy is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the service.
- Fitcy Specialist and Member Conduct.
FITCY SHALL NOT BE HELD RESPONSIBLE WHATSOEVER FOR THE CONDUCT OF ANY OF OUR SPECIALISTS OR MEMBERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.
You hereby release Fitcy, its affiliates, owners, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with the Specialists on the Services, other users or members.
- Links and Third Party Services.
Under no circumstances will Fitcy be responsible for any loss or damage resulting from your reliance on third-party content posted on the Services or transmitted to or by any third-party in connection with the Services.
- Release of Liability and Damages.
- Release of Liability for Injury or Death.
You expressly acknowledge and agree that your access, use and/or involvement with any of the Services, or individuals affiliated with Fitcy may involve potentially dangerous, injurious, and physical undertakings that may lead to, without limitation, personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, mental health issues, nutritional issues, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold Fitcy harmless from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Services.
- Fitcy Advice Disclaimer.
You acknowledge and agree that we do not provide or replace any professional medical advice, diagnosis, or treatment and that Fitcy cannot be held liable for any medical, health or any other sort of injury suffered as a result of your use of the Service. You further agree to consult a physician prior to your use of the Service.
- Limitation of Liability and Damages.
In no event, and under no legal theory, including without limitation negligence, will Fitcy or its affiliates, owners, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if Fitcy has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, Fitcy’s liability will be limited to the least extent permitted by law.
In no event shall Fitcy or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers’ total liability to you for any cause whatsoever (whether in contract, tort (including negligence), warranty, or otherwise), and regardless of the form of the action, exceed the greater of: (i) one hundred dollars or (ii) the amount paid by you to Fitcy for the Service in the three (3) months prior to the action giving rise to the liability.
- Sponsored Membership
In the scenario where you obtained your access to the Service via your employer, corporation, wellness program, or other related entity (“Sponsor”) whether directly or reimbursement, you acknowledge that Fitcy remains independent of your agreement with the Sponsor.
- Indemnity by You.
You agree to indemnify and hold Fitcy, its parent company/companies, subsidiaries, affiliates, Specialists, officers, agents, licensors, owners, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your violation or breach of this Agreement, (iii) your user content, or (iv) any breach of your representations and warranties set forth above. Fitcy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Fitcy. Fitcy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Fitcy may provide you with notices, including those regarding changes to this Agreement, by email or postings on the Service. Notice will be deemed given four (4) hours after the email is sent or after the notice has been posted on the Service.
- No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- Jurisdiction and Choice of Law.
By your use of the Service, you expressly agree that any dispute arising out of your use of the Service shall be governed by the laws of Dubai and the federal laws of the United Arab Emirates without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Dubai, United Arab Emirates, for the resolution of any such dispute.
A part of this Agreement may be amended or removed only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Fitcy to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Any provisions of this Agreement may be used for the benefit of Fitcy following termination of this Agreement. Subject to the foregoing, all provisions that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
If any part of this Agreement shall held to be void, unlawful or unenforceable, then that specific provision shall be separated from this Agreement and shall have no impact on the validity and enforceability of any other part of this Agreement.
Fitcy reserves the right to transfer or assign any rights and licenses granted under the Agreement without any restriction whatsoever. However, you may not transfer or assign any part of this Agreement. Any assignment attempted to be made in violation of this Agreement shall be void.
You hereby agree that any claim arising out of, or in any relation whatsoever to, the Service must be filed within six (6) months of the cause of action occurring.
You explicitly agree to not participate in a class action or class-wide arbitration for any claims you may have under this Agreement and with your use of the Services.
- Entire Agreement.
This serves as the entire agreement between you and us and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and us. The Agreement shall not be modified by you except in writing, signed by you and us; however, Fitcy reserves the right to unilaterally change this Agreement in accordance with Section IV of this Agreement.