FITTR Hart User Agreement

1. About Us

The FITTR Hart app and its related technologies and functions (collectively, the "Services") are operated by Squats Fitness Private Limited (hereinafter referred to as “FITTR, "we," "us," or "our"). In this Agreement (as defined below), "you" and "user" refer to any individual that uses and/or accesses the Services.

2. Purpose of the Agreement

This user agreement, our privacy Policy (which you can view by going to Me > About Us > User Agreement and Privacy Policy in the FITTR Hart app), and other policies and information published or made available through the Services (collectively, this "Agreement") are the terms and conditions applicable to you with regard to your use of, and access to, the Services. This Agreement tells you who we are, how we will provide the Services to you, what activities are permitted or not permitted, by or in connection with the Services, what to do if there is a service issue, and other important information. Please read this Agreement carefully. By accessing or using the Services, you are entering into a binding legal agreement with us and are agreeing to this Agreement. If you do not accept this Agreement, you must not access or use the Services.

3. Eligibility

You must be 18 years of age or older, or have reached the age of majority for the legal jurisdiction that you reside in to access and use any of the Services. If you are under the age of 18 years, your parent or guardian must agree to the terms of this Agreement on your behalf in order for you to use the Services.

You are subject to and solely responsible for obeying all laws and regulations of the jurisdiction in which you reside and from which you access or use any of the Services.

4. Accessing the Services

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, subject to, and in accordance with, this Agreement. You must have a FITTR ID to access or use some of our Services.

5. The Services

The Services are provided through the FITTR Hart app and used to record, monitor, and analyze your fitness and health data, and provide sports and wellness guidance. The main features are as follows:

(1) FITTR Hart ID login: To manage your fitness and health data, you need to register and log in to your FITTR Hart ID.

(2) Managing wearables and health devices: This feature supports the management of FITTR Hart Ring. Once paired with your phone, you can easily use, configure, and update your FITTR Hart Ring and check your health data in FITTR Hart app as the data is synced to your phone in real time.

(3) Managing personal information: You can edit your nickname, profile picture, gender, age, height, weight, and other personal information in FITTR Hart app.

(4) Recording fitness data: You can record your daily workouts, including walking, running, and cycling, as well as track your workout trajectory through the FITTR Hart app. Ensure that permission to access your location is allowed on your phone or tablet before enabling the exercise trajectory feature.

(5) Managing health data: You can measure, record, and display health-related data including sleep, heart rate, SpO2, blood pressure, and body temperature on the FITTR Hart app after pairing your wearables or health devices.

(6) Problems and suggestions: To report any problems or to provide suggestions, you can touch Problems and suggestions on your FITTR Hart app, and upload relevant logs if any.

6. Account Security

You must keep your FITTR ID username and password, and you must not share them with anyone else. We recommend that you choose a strong password and keep it in a safe place. You are responsible for keeping your password safe and shall bear any losses and liability incurred as a result of providing your Account to a third party. If you think that someone else might be using your Account, you should let us know immediately using the contact information provided in the "Contact Us" section. You must not use anyone else's FITTR Hart ID to access the Services. Any disputes arising therefrom shall be borne by you.

7. Terms of Use

By accessing and using the Services, you undertake and agree to do so in a legal and ethical manner and in accordance with this Agreement. You shall not use the Services to transmit any information of the following nature or participate in any activity of the following nature by any other means:

(1) Upload, download, store, duplicate, publish, transmit, send by email, or otherwise provide content prohibited by applicable laws, regulations, and policies, including but not limited to the content that:

a. Violates the fundamental principles of the Constitution;

b. Compromises national security, divulges state secrets, subverts state power, or undermines national unity;

c. Impairs the national honor and interests;

d. Incites national hatred or discrimination or disrupts national unity;

e. Disrupts the religious policies of the country or publicizes evil cults or feudal and superstitious ideologies;

f. Spreads rumors, disrupts social order, or undermines social stability;

g. Spreads or describes content that involves obscenity, pornography, gambling, violence, murder, terror, or abets crimes;

h. Insults, defames, or infringes on the legal rights and interests of others;

i. Endangers social morality or the excellence of national cultural traditions;

j. Infringes upon any third party's patent rights, copyrights, trademark rights, reputation rights, or any other legitimate rights and interests; or

k. Is otherwise prohibited by laws or administrative regulations.

(2) Infringe upon others' privacy, business secrets, trademark right, copyright, patent right, and other lawful rights.

(3) Engage in any illegal transactions, such as selling firearms, drugs, illegal substances, or other prohibited items.

(4) Plan to engage in or engage in money laundering, credit card kiting, or other illegal financial transactions.

(5) Make transactions using an invalid bank account or a third party's bank account.

(6) Otherwise violate applicable laws, regulations, and policies or the terms contained in this Agreement. You hereby agree and undertake:

1. Not to reproduce, make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of them to be combined with, or become incorporated in, any other programs;
2. Not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks;
3. Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, or attempt to do so beyond the extent allowed by applicable laws;
4. Not to distribute, license, lease, sell, resell, transfer, publicly.

8. FITTR Content

Unless otherwise stated or stipulated by laws and regulations, FITTR and/or its licensors, retain all right, title and interest in and to the information, in any form including but not limited to text, video and audio, images, icons, apps, designs, software, scripts, programs, copyrights, trademarks, trade names, logos, and other materials and services available on or through the Services, including their look and feel (collectively, "FITTR Content"). Your access to and/or use of any of the Services does not transfer to you or any other person any ownership or other rights in or to the Services, or their content, unless otherwise specified in this Agreement.

You may not make alterations, copies, extractions, modifications or additions to FITTR Content, or sell, copy, disseminate, license, or misuse FITTR Content in any way. If you want to re-publish, extract, reproduce, disseminate, or otherwise use any of FITTR Content, you must contact FITTR in advance and obtain FITTR's prior written consent unless otherwise expressly provided in this Agreement. This is without prejudice to any rights you may have under applicable mandatory laws.

If you believe that the Services or any part thereof infringes upon any copyright, trademark, patent, trade secret or other intellectual property right, or if you have other concerns regarding the Services, please notify us using the contact information provided in the "Contacting Us" section.

9. Your Content

We do not claim any proprietary rights to the text, files, images, photos or any other information you upload, post, or otherwise transmit to or through the Services (collectively "Your Content"). You continue to retain ownership and are entirely responsible for Your Content. If a third party makes any claim or poses any challenge in respect of Your Content, we will take urgent steps to hide the content concerned. If you cannot effectively prove yourself as the right holder through your negotiation with the third party, we will permanently hide or delete the content uploaded by you.

10. Monitoring the Services

You acknowledge and agree that, in accordance with applicable laws and regulations, we may at any time, at our sole discretion and without notice to you, take such measures as we decide are necessary for the purposes of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes), ensuring your compliance with this Agreement, applicable laws, orders or directions of any court, consent decree, administrative agency, or other governmental body.

11. Privacy and Data Collection

In order to provide you with required services and help ensure the security of your transactions, we will collect and process your personal information in accordance with the Statement About FITTR Hart and Privacy (hereinafter referred to as "Privacy Policy"). Please carefully read the Privacy Policy to understand the purpose, method, and scope of FITTR's collection, use, storage, and sharing of your personal information, as well as the channels for querying and correcting information, consequences of refusing to provide your personal information, and measures taken by FITTR to protect your personal information.

12. Data Storage

FITTR is not liable for any data deletion or storage failure caused by you. Unless otherwise stipulated by laws, regulations, or the Privacy Policy, FITTR can determine the maximum storage period of your data in the Services and allocate the maximum data storage space on the server as necessary. You can back up the data related to the Services as required.

In the event that you stop using the Services or the Services are terminated, FITTR has the right to permanently delete your data from the servers and has no obligation to return any data to you unless otherwise stipulated by laws, regulations, and the Privacy Policy.

13. Disclaimers

The Services are only for use by you or accounts to which you grant shared access, and must not be used by any third party. You agree that FITTR and its affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors, and distributors (collectively "FITTR Parties") are not liable for any losses caused by any unauthorized use of the Services.

Your use of the Services may be interrupted, delayed, or disrupted for an unknown period of time for reasons that are beyond our control. The FITTR Parties will not be liable for any claim arising from or related to such interruptions, delays, disruptions, or similar failures.

To the maximum extent permitted by applicable laws, the FITTR Parties are not liable to you or to anyone else for any damages if you or anyone else is unable to access or use the Services due to:

(1) Any suspension or termination of the Services by FITTR to enable maintenance work or updates to systems, software, or hardware to be carried out;

(2) Any delay or failure of a system or communication network that is owned or controlled by someone other than FITTR;

(3) Any suspension, cancellation, or termination of any contract or other arrangements between FITTR and any of its third-party payment service providers that affect the Services;

(4) Any errors or interruptions due to hacking attempts or similar security breaches; or

(5) Any other event or occurrence beyond FITTR's reasonable control.

The Services are provided on an "as-is" and "as-available" basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable laws in your jurisdiction, the FITTR Parties disclaim all warranties, conditions, or other terms of any kind, express or implied, and make no guarantee, undertaking, representation, or warranty for the following:(a) The completeness, accuracy, reliability, or timeliness of any of the content made available on or through the Services;(b) The Services or the server(s) they are hosted on are free from defects, errors, viruses, bugs, or other harmful elements; (c) Any defects in the operation or functionality of the Services will be corrected; (d) The specific functions of the Services, the reliability, quality, or accuracy of any information obtained by you as a result of your use of or access to the Services can be guaranteed; (e) The security or error-free nature of the Services; and (f) The Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs or achieve certain results or outcomes. The FITTR Parties are not liable for any losses or damages to you caused in whole or in part by you relying upon, using, or interpreting the Services or other information obtained through your (or any other person's) access to and/or use of the Services.

The laws of some countries do not allow liability in relation to certain warranties, undertakings, representations, or guarantees to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive.

14. Termination by You

You can terminate this Agreement via your account settings or by ceasing to use the Services. You can also withdraw your consent by going to Me >About us > User Agreement in FITTR Hart App and exit the app.

15. Termination and Suspension by FITTR

Subject to applicable laws, we may temporarily or permanently suspend, cancel, impose limits on, or restrict your access to part(s) or all of the Services at any time, without assuming liability for any individual or third party. We will endeavor to provide notice to you before we do this. However, we may not provide prior notice to you, and may immediately, permanently, or temporarily, impose limits on, cancel, suspend, or restrict your access to parts or all of the Services under the following circumstances:

(1) If you violate, or FITTR believes that you are about to violate, this Agreement, including any agreements, policies, or guidelines incorporated herein;

(2) If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides FITTR with any false or misleading information;

(3) In response to requests by law enforcement or other government agencies under valid legal process;

(4) In case of urgent maintenance work or urgent updates to systems or hardware; or

(5) Due to unexpected technical, safety, business, or security reasons.

The expiry or termination of this Agreement does not affect the provisions of this Agreement that are expressed to operate or have effect after the expiry or termination thereof, and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such expiry or termination.

Any provisions of this Agreement which expressly or by their nature are intended to survive the termination of this Agreement shall remain in full force and effect subsequent to and notwithstanding such termination, until such provisions are satisfied or expire due to their natures.

16. Changes to this Agreement

FITTR is constantly updating, changing, and improving the Services. FITTR may add or remove functions or features, create new limits to the Services, or temporarily or permanently suspend or stop the Services. FITTR may also modify this Agreement at any time based on updates to the Services.

The updated Agreement will replace the original Agreement once released. We will push an in-app agreement update notice in a timely manner. If you do not accept the updated terms, please stop using the Services immediately. Your continued use of this Service shall be deemed as your acceptance of the updated Agreement.

FITTR will inform you within a reasonable time period of any changes to the Services or this Agreement that will materially disadvantage users or materially limit their access to or use of the Services. For changes to the Services that we need to make to meet security, safety, legal, or regulatory requirements, we may not be able to meet the aforementioned timescales and we will update you about these changes as soon as is practicable.

17. Governing Law

These Terms and Conditions and your use of the Website/Mobile Application shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Pune, Maharashtra. Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after:

when such cause of action accrues; or such User becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.

18. DISPUTE RESOLUTION

a. Binding Arbitration

If any dispute, controversy or claim arises under this Agreement or in relation to any Service or the FITTR Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Squats may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Pune and the language of this arbitration shall be English. Either You or Squats may seek any interim or preliminary relief from a court of competent jurisdiction in Pune necessary to protect the rights or the property belonging to You or Squats (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Squats may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Squats. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive the termination of this Agreement.

b. Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,

no arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

c. Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

a. your Contributions;

b. use of the Website/Mobile Application;

c. breach of these Terms and Conditions;

d. any breach of your representations and warranties set forth in these Terms and Conditions;

e. your violation of the rights of a third party, including but not limited to intellectual property rights; or

f. any overt harmful act toward any other user of the Website/Mobile Application with whom you connected via the Website/Mobile Application. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. General Terms

The Services or third parties may provide links to other websites or resources. You acknowledge and agree that FITTR is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such websites or resources.

Nothing in this Agreement shall be construed to create a partnership or agency relationship between you and FITTR, and neither party shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements in the name of or on behalf of the other.

FITTR is not liable for any failure or delay in the performance of its obligations under this Agreement or the provision of the Services that is caused by or attributed to matters beyond FITTR's reasonable control.

FITTR may assign, sub-contract or novate any of our rights and/or obligations under this Agreement.

If any provision (or part of a provision) of this Agreement is found by a court of competent jurisdiction or any other competent authorities to be void, invalid, or unenforceable, it shall be deemed to be deleted from this Agreement and all other provisions of this Agreement shall remain in full force and legally effective.

22. Supplementary Terms and Conditions

These terms and conditions ("Terms") are in addition to the terms and conditions available on https://www.fittr.com/terms-and-conditions/. In the event of any inconsistency or dispute between these Terms and the terms and conditions available on https://www.fittr.com/terms-and-conditions/ , shall prevail.

23. Contacting Us

If you have any questions regarding this Agreement, please contact us via the customer service Email- support@fittr.com. We will provide necessary help accordingly.