EFFECTIVE DATE: 08/07/2023
If you do not agree with these Terms or any part thereof, you shall not use VGFIT.
IMPORTANT NOTICE: These Terms contain a binding arbitration agreement that requires disputes related to your use of VGFIT to be resolved through arbitration (not in court) on an individual basis (not through class action of any kind). In arbitration, there is no judge or jury, and there is less appellate review than in court. Arbitration is the exclusive venue for any and all disputes related to your use of VGFIT and is mandatory, with a few exceptions specified in Section 10 (for example, you have the right to opt out and not be bound by the arbitration agreement, including class action waiver provisions, within 30 days of accepting these Terms).
AUTO-RENEWING SUBSCRIPTIONS: Your subscription to VGFIT will automatically renew until canceled, as further described in Section 6.FEES AND PAYMENTS
IMPORTANT DISCLAIMERS: These Terms contain important disclaimers. Please see the details in Section 2.
CUSTOMER SUPPORT: If you have any questions or complaints regarding VGFIT, please communicate them to our dedicated customer support agents. We encourage you to reach out to us via email [email protected] for efficient processing of your requests and speedy resolution of any issues.
1.1. VGFIT is an advanced fitness and wellness mobile application designed for individuals seeking a personalized workout plan to achieve their fitness goals effectively. The app provides users with workouts that include video and audio guidance along with detailed instructions, allowing them to optimize their fitness results. VGFIT can be accessed through the website, available at https://vgfit.com/ (the "Website"), and the corresponding mobile application available on online application stores, including the Apple App Store and Google Play Market (the "App"), collectively referred to as the "Product."
1.2. The Website is provided by VGFIT LLC. In these Terms, "Company," "we," "us," "our," and "ourselves" refer to these entities. As you, the user, agree to be bound by these Terms, "user," "consumer," "you," and "your" refer to any person using the Product.
1.3. The Product encompasses comprehensive content related to health and fitness, including software, designs, graphics, photos, images, illustrations, animations, videos, scripts, texts, music, sounds, voiceover, interactive features, wellness plans, and all other materials and content accessible within the Product (the "Product Content"). The reference to the "Product" in these Terms includes the Product Content.
1.4. Your use of the Product is strictly limited to personal, non-commercial purposes. We grant you a personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Product. However, you must not copy, modify, create derivative works, reverse engineer, reverse assemble or attempt to discover any source code of the Product. Additionally, selling, assigning, sublicensing, granting security interests, or transferring any rights in the Product is strictly prohibited, except as permitted by applicable law. Any breach of these restrictions constitutes a violation of our rights as a licensor and may result in prosecution and damages.
1.5. To access the Product, you will need to purchase a subscription, either directly on the Website or through the App Store. The subscription will automatically renew at the end of the chosen period (e.g., 1 week, 1 month, 3 months, 6 months, 1 year) until you cancel. Should you have received a free trial of the Product, your access will automatically continue after the trial period, and you will be billed accordingly for the paid subscription. To avoid being charged for auto-renewal, you must affirmatively cancel the free trial or paid subscription at least 24 hours before its end, following the provided instructions. Please note that deleting the App does not cancel your subscription or free trial (if applicable). For more information on purchases, including subscriptions, please refer to the "Fees and Payments" section.
1.6. During the onboarding process, you may be required to provide specific information to create your personalized plan, such as your current and desired physical characteristics, physical performance level, lifestyle, eating habits, goals, and target zones.
1.7. VGFIT is compatible with smartphones running on iOS version 12.0 or later and Android version 5.0 or later. When accessing the Website, we recommend using the latest version of your web browser to ensure optimal security and functionality.
1.8. We may enable access to the App on certain smartwatches and/or tablets, which may require you to purchase the corresponding devices. Please note that your ability to use certain features of the App on smartwatches and/or tablets will be contingent upon subscribing to the App on your smartphone. Your access to the App on smartwatches and/or tablets shall be governed by these Terms.
2. IMPORTANT DISCLAIMERS
2.1. ACKNOWLEDGEMENT OF RISKS AND RESPONSIBILITIES
By using VGFIT, you expressly acknowledge and agree that certain important disclaimers, limitations of liability, and indemnity sections are fundamental to the agreement between you and VGFIT. These provisions are the basis of the bargain between you and VGFIT. Without these provisions, the nature and scope of these Terms and your access to the VGFIT Product could be significantly different, or VGFIT may be unable or unwilling to provide such access altogether.
2.2. NO MEDICAL ADVICE PROVIDED
The VGFIT Product is designed for general information and entertainment purposes only and should not be construed as medical advice. You explicitly acknowledge that VGFIT is not providing medical advice through the Product. The Product Content is not intended to replace the advice of qualified medical professionals. For any health-related concerns or questions, you must seek advice from your physician or other medical professionals. In emergencies, such as calling 911 in the United States, seek immediate medical attention. Never disregard medical advice or delay seeking it based on any information provided within the Product. The transmission and receipt of Product Content do not establish a doctor-patient, therapist-patient, or other healthcare professional relationship between you and VGFIT.
2.3. LISTEN TO YOUR BODY
Using the VGFIT Product requires you to be in good general health. If you have pre-existing medical conditions or doubts about your health before or during the use of the Product, consult your physician or other medical professionals before continuing. Listening to your body is essential. If you experience significant pain, discomfort, shortness of breath, nausea, dizziness, or any other unusual sensations, seek medical advice promptly before proceeding with the Product. You are solely responsible for determining whether the Product is suitable for your current health condition, in consultation with medical professionals if necessary.
2.4. READ INFORMATION ABOUT FOOD PRODUCTS CAREFULLY
VGFIT may provide nutrition-related information, including food databases, food products, food recipes, or meal plans. However, VGFIT assumes no liability for inaccuracies or misstatements in the nutritional information. It is your responsibility to carefully read all information provided by the manufacturers of the food products, including nutrient content, ingredients, food allergens, contact information, and health claims. If you have allergies or food intolerances, verify that the recommended foods and nutrients are safe for you.
2.5. INDIVIDUAL RESULTS MAY VARY
Your fitness journey and results with VGFIT may differ from others due to your unique health, physical characteristics, genetic profile, background, lifestyle, commitment, motivation, and starting point. While testimonials and examples may be provided within the Product, they reflect specific experiences of individuals/groups and may not be representative of your results. VGFIT does not guarantee specific outcomes, and past results do not guarantee future results.
2.6. REFERENCE TO OTHER PRODUCTS OR EXPERTS IS NOT AN ENDORSEMENT
References to other products or experts are provided for informational purposes only and should not be considered an endorsement. It is your responsibility to conduct your investigation and make your determination about any such products or experts.
2.7. RESERVATION OF RIGHTS
VGFIT retains all intellectual property rights, title, and interest in the Product, including software, designs, graphics, photos, videos, texts, music, sounds, and trademarks. These Terms do not grant you any right, title, or interest in the Product or any trademarks.
2.8. ACCURACY OF PROVIDED DATA
During the onboarding process, you provide information about your physical characteristics, lifestyle, goals, and more, to personalize your plan. It is your responsibility to ensure that the data you provide is accurate and complete. Inaccurate or incomplete data may affect the suitability of the plan created for you.
2.9. USE OF THE PRODUCT AT YOUR OWN RISK, "AS IS" BASIS
Your use of the VGFIT Product is at your sole risk. The Product is provided on an "as is" basis without any express or implied warranties. VGFIT and its affiliates, officers, employees, agents, contractors, partners, and licensors expressly disclaim all warranties of any kind, including but not limited to merchantability, fitness for a particular purpose, title, and non-infringement. VGFIT does not guarantee that the Product will meet your requirements or expectations, that Product Content will be accurate, complete, or error-free, or that the Product will be uninterrupted, timely, secure, or free from technical issues.
2.10. THIRD-PARTY SERVICES
VGFIT may include links to third-party websites or services. VGFIT disclaims any responsibility for the products, services, or content provided by third parties, even if linked to directly or indirectly through the Product. You are solely responsible for determining the appropriateness and safety of accessing third-party websites or using third-party products and services.
2.11. ENGLISH TEXT OF THE TERMS PREVAILS
These Terms were originally written in the English language. In case of any conflict between translated versions and the English version, the English version shall prevail.
3.1. We may offer certain access to Product Content without requiring registration. However, please be aware that in such cases, your data may not be backed up, and you may risk losing it if you delete the App or experience device-related issues.
3.2. You acknowledge and understand that maintaining the confidentiality of your user account information is solely your responsibility. You are also responsible for all activities that occur under your user account. While VGFIT implements reasonable security measures to protect against unauthorized access to your account, we cannot guarantee absolute security. We cannot assure that our security measures will prevent unauthorized access by third-party individuals or hackers. If you suspect any unauthorized use of your user account or any security breach, promptly notify the Company.
3.3. To access and use the VGFIT Product, you may need to register a user account. Please carefully follow the on-screen instructions for the registration process.
3.4. During the registration process, you agree to provide accurate and truthful information and not misrepresent your identity by registering an account under someone else's name. It is your responsibility to ensure that your user account information remains accurate and up-to-date, especially your email address. A valid and active email address is essential for account recovery and communication purposes, such as resetting your password.
By registering and using VGFIT, you accept these responsibilities and agree to comply with our security measures to safeguard your user account. Your account's security is crucial to protect your personal information and ensure the safety of your VGFIT experience.
4. UNAUTHORIZED USE
As a user of the VGFIT Product, it is important to adhere to certain restrictions to ensure fair and lawful usage. Please refrain from using VGFIT for any commercial purposes or creating any competing products. The Product is intended for personal use only, and any attempts to exploit it for commercial gain are strictly prohibited.
Please note that attempting to modify, reverse engineer, or interfere with the security features of the Product is strictly prohibited. Such actions can jeopardize the functionality and security of the app, and they are not allowed under any circumstances.
Automated systems, such as spiders, robots, or scrapers, are not permitted to access the Product without proper authorization. Additionally, introducing harmful software, such as viruses or worms, that may damage other users' devices or the overall operation of VGFIT is strictly prohibited.
Compliance with applicable laws and sanctions is crucial when using VGFIT. Please ensure that you are not a resident of, nor located in, any territory currently embargoed by the United Nations, the European Union, the United Kingdom, or the United States. Moreover, do not use VGFIT for any purposes that are prohibited by applicable law.
We reserve the right to take necessary actions, including restricting access or terminating accounts, to comply with the law and maintain the integrity and security of the Product. Your cooperation in adhering to these restrictions is highly appreciated and essential to ensure a positive and lawful environment for all users of VGFIT.
5. LIMITATION OF LIABILITY
At VGFIT, we are dedicated to creating the best possible product for you. However, it's important to recognize that perfection is not always achievable. Therefore, we want to clarify the limitations of our liability to protect both parties involved:
5.1. Various Exclusions
To the maximum extent permitted by applicable law, we, along with our subsidiaries, affiliates, officers, employees, contractors, partners, and licensors (the "Released Parties"), shall not be held liable to you or any third party for the following:
- Loss of profit, goodwill, or opportunities;
- Loss of data experienced by you;
- Indirect, consequential, exemplary, incidental, special, or punitive damages, even if we were warned about the possibility of damages;
- Personal injury, including death, resulting from your use or misuse of the Product;
- Any inaccuracies in the Product Content;
- Any information or materials obtained through the Product;
- Delays or difficulties in using the Product;
- Your interactions with third-party service providers, whether or not we linked you to them;
- Failure to maintain the confidentiality and security of your password;
- Any behavior that violates these Terms, including the Important Disclaimers and Unauthorized Use sections.
5.2. Limitation of Liability
Regardless of any contrary provision in these Terms, you agree that our total liability under these Terms shall not exceed:
The amount you have paid to us in the last 12 months; or
5.3. Waiver of California Civil Code Section 1542
By accepting these Terms, you acknowledge that you have read and understand, and you expressly waive the benefits of, Section 1542 of the Civil Code of California (and similar laws of other states, countries, or territories). Section 1542 states that a general release does not extend to claims that the releasing party does not know or suspect to exist at the time of executing the release and that, if known, would have materially affected the settlement.
5.4. Exceptions to Liability
We want to assure you that we will not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes instances of death or personal injury resulting from our gross negligence, or that of our employees, agents, or subcontractors. Furthermore, if any provision in these Terms seeks to exclude or limit liability to a greater extent than permitted by applicable law, that provision will only limit our liability to the extent allowed by law.
5.5. Time Limit for Claims
Any claim arising under these Terms must be made within one (1) year after the cause of action arises. Otherwise, the claim or cause of action will be forever barred.
6. FEES AND PAYMENTS
In order to access the VGFIT Product Content, you have the option to subscribe through two methods:
6.1. Subscription Options
Web Purchase: You can purchase a subscription directly on the VGFIT website. During the onboarding process, you will be presented with various subscription options, their fees, and periodicity (e.g., 1 week, 1 month, 3 months, 6 months, 1 year). Payment can be made using Mastercard, Visa Bank Card, PayPal, Apple Pay, or Google Pay.
In-App Purchase: Alternatively, you can subscribe to the Product Content via the VGFIT mobile app. The app will display subscription fees, terms, and periodicity (e.g., 1 week, 1 month, 3 months, 6 months, 1 year). The payment will be securely processed by the App Store.
Once you subscribe, your subscription will automatically renew unless you decide to cancel it. You will be charged periodically based on the term and periodicity of your chosen subscription.
6.3. Add-On Items
VGFIT may offer optional add-on items for an additional fee. These can include fitness guides, VIP customer support service, or additional subscriptions. Purchasing add-ons is not mandatory for your main subscription, and the cancellation of your main subscription will also cancel recurrent payments for add-ons.
Refunds for Web Purchases are subject to VGFIT's Refund Policy. Generally, Web Purchases are non-refundable. However, in certain cases required by applicable law, refunds may be provided. For In-App Purchases, refunds are governed by the respective App Store's policies.
6.5. Free Trials
Occasionally, VGFIT may offer free trial access to the Product Content. You can enjoy the trial period, but be aware that your access will automatically convert into a paid subscription if not canceled at least 24 hours before the trial ends. Deleting the app will not cancel the free trial.
6.6. Fee Changes
VGFIT reserves the right to modify subscription fees with reasonable notice. Any changes will take effect upon your next renewal. If you disagree with the new prices, you must cancel your subscription before the changes are implemented.
6.7. Non-Payment and Termination
Failure to pay the applicable fees or charges may lead to the termination of your access to the Product. While we will attempt to notify and resolve the issue, termination may occur without prior notice in some cases.
We want to make sure that you understand your responsibilities and obligations when using our Product. Therefore, you agree to indemnify, defend, and hold us and our affiliated parties harmless from any claims or demands made by third parties due to or arising from the following:
- Your use or misuse of the Product;
- Violation of these Terms or any other policies applicable to you;
- Violation of any applicable law;
- Providing information or data to us that results in any claims or disputes;
- Misrepresenting any information to us or any other party;
- Using products, services, or content offered by third-party websites;
- Infringing upon the rights of any third party;
- Any disputes or issues between you and any third party.
7.1. Assistance and Cooperation
If any claim or demand arises under the above-mentioned situations, you agree to cooperate with us and provide assistance as necessary. We reserve the right to take over the exclusive defense and control of any matter for which you are required to indemnify us. You must not settle any claim without our prior written consent. We will make reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it.
Note: This indemnification provision aims to protect us from any legal claims or demands that may arise due to your actions or use of the Product. It ensures that you take responsibility for your conduct and comply with applicable laws and our policies.
8. TERMINATION OF THESE TERMS
We understand that circumstances may change, and you have the flexibility to terminate these Terms whenever you choose. Let's go through the termination process and understand your rights and our rights in this regard.
8.1. Your Right to Terminate
You have the right to terminate these Terms by canceling your subscription or free trial access to the Product at any time and at your sole discretion. To cancel your subscription or free trial, please follow the instructions below based on how you made the purchase:
Web Purchase (via Website):
- Log into your account at https://vgfit.com/
- Tap on "Subscriptions" or "Manage Subscriptions."
- Tap on "Cancel Subscription" or communicate your cancellation request to [email protected]
In-App Purchase (via App Store):
Please note that deleting the app does not automatically cancel your subscription or free trial. To avoid being charged for auto-renewal, ensure you cancel at least 24 hours before the end of the paid subscription period or free trial. After canceling, you can also terminate your user account if the function is available through the Product.
8.2. Our Right to Suspend or Terminate
We also have the right to terminate these Terms under certain circumstances. These include, but are not limited to:
Your violation of these Terms or applicable law.
Providing untrue, inaccurate, or incomplete information.
Failure to pay fees or charges related to the Product.
Requests from your bank, law enforcement, or other governmental agencies.
Compliance with applicable law.
In such serious circumstances, we may terminate your subscription or free trial access without prior notice. However, we may allow you to use the Product until the end of your paid subscription period or free trial. Additionally, we reserve the right to suspend your account or access if deemed necessary to protect the Product or our systems.
Alternatively, we may decide to stop supporting or offering the Product, and we will notify you accordingly. In this case, we may either allow you to access the Product until the end of your current paid subscription period or refund you the pro-rata portion of the prepaid amounts for the remaining period.
8.3. Provisions That Survive Termination
Certain sections of these Terms will continue to be in effect even after termination. These include sections related to Product, Important Disclaimers, Fees and Payments, Unauthorized Use, Limitation of Liability, Indemnity, Applicable Law, Dispute Resolution and Miscellaneous Provisions.
Please Note: If you need support, you can contact us via email at [email protected], and you can visit our website at https://vgfit.com/. We value your understanding and cooperation in the termination process.
9. CHANGES TO THESE TERMS AND PRODUCT UPDATES
We understand that staying informed about changes and improvements is crucial. Here's how we manage changes to these Terms and Product updates:
9.1. Changes to These Terms
We may need to update these Terms occasionally. When we do, we'll let you know in advance through reasonable means. This could include posting the updated Terms within the Product. For significant changes, we'll make sure you're informed with in-app pop-up messages or emails. It's important to note that these changes won't affect any disputes that arose before the updated Terms came into effect. If you continue using the Product after the changes, it means you accept the updated Terms. However, if you'd prefer not to use the Product under the updated Terms, you can terminate them as explained in the "Termination of These Terms" section. The date provided at the top of this document shows when the last changes to the Terms were made.
9.2. Product Updates
We're committed to enhancing your experience. We may automatically update the Product to boost performance, add functionality, accommodate changes in the operating system, or address security concerns. Sometimes, we might ask you to update the Product for these reasons. However, if you choose not to install updates or opt out of automatic updates, your ability to use the Product might be affected.
We appreciate your understanding as we work to provide you with the best possible service. If you have any questions or need assistance, feel free to reach out to us.
10. DISPUTE RESOLUTION
When it comes to resolving disputes, we believe in open communication and fairness. Here's how we handle disputes:
10.1. Informal Resolution First
Before taking any formal steps, we encourage you to reach out to us if you have any disputes with the Company. Please provide a brief written description of the issue. We're committed to finding amicable solutions through direct negotiation.
10.2. Arbitration Agreement
Please carefully read this section as it affects your legal rights, including your ability to file a lawsuit.
a. Applicability of the Arbitration Agreement
Both you and the Company agree that any dispute, claim, or controversy arising from these Terms or your relationship with the Company will be resolved through mandatory binding individual arbitration. This means you waive the right to take the matter to court, except for cases that fall under small claims court jurisdiction or involve the protection of the Company's intellectual property rights. This arbitration agreement remains valid even after these Terms are terminated.
b. Exception - Small Claims Court Claims
Despite this arbitration agreement, either party can seek relief in a small claims court within its jurisdiction.
c. Exception - Protection of Intellectual Property Rights
The Company retains the right to seek court injunctions to prevent the infringement of its intellectual property rights.
d. Exception - 30-Day Opt Out
You have the option to opt out of this Arbitration Agreement within 30 days of accepting these Terms. To do so, send written notice to the appropriate contact means. If you don't opt out, you're bound to arbitration as outlined in these Terms.
e. Arbitration Procedure
Arbitration is less formal than a court trial. It uses a neutral arbitrator, allows limited discovery, and the arbitrator's decision is usually final. However, non-waivable statutory rights are not limited. The arbitrator's decision will be binding, unless it includes injunctive relief, which can be reviewed by a court.
f. No Class or Representative Proceedings
Both you and the Company agree that claims can only be brought individually and not as part of a class or representative proceeding. If this is deemed unenforceable, this entire arbitration provision becomes void.
All arbitration-related information is strictly confidential and should only be disclosed to those who need to know or as required by law.
h. Interpretation and Enforcement
The U.S. Federal Arbitration Act governs this Arbitration Agreement's interpretation and enforcement. If this Agreement is invalidated, disputes not covered by it will be resolved in court according to applicable law as outlined in the "Applicable Law" section.
We aim to ensure fairness and clarity in resolving disputes. If you have any questions or concerns, please reach out to us.
11. APPLICABLE LAW
The legal framework for these Terms and any arising disputes shall be based on the laws of the New York, NY, United States, regardless of any conflicts of law principles. If you're a resident of the United States, the European Union, or the United Kingdom, your local laws may also apply, especially if they contain consumer protection regulations that are mandatory.
12. MISSCELANEOUS PROVISIONS
12.1. Should an arbitrator or a court of competent jurisdiction deem any provision (or part thereof) of these Terms illegal, invalid, or unenforceable, the said provision (or part) shall be upheld to the fullest extent possible to reflect the intent of the parties, while the rest of these Terms shall remain fully effective.
12.2. The Company reserves the right to transfer its rights and obligations outlined in these Terms to another party, through methods like novation. By accepting these Terms, you grant the Company permission for such transfers. Updated Terms will be made available within the Product to indicate the assignee, which you acknowledge as valid notice of the assignment. You cannot assign, delegate, or transfer your account, rights, or responsibilities under these Terms to any other party without obtaining our prior written consent.