FITJAM TERMS OF USE

ARTICLE I. INTRODUCTORY PROVISIONS

1.1. These Terms of Use of FitJam application govern the legal relationship between the company FITJAM GLOBAL PLATFORM – FZCO with registered office at Dubai Silicon Oasis, Dubai, United Arab Emirates, License ID: 60391 (“FitJam”), and the User regarding the use of the Application and the Services.

1.2. These Terms of Use constitute a legally binding agreement between the User and FitJam regarding the use of the Application and Services.

1.3. By using the Application, the User expresses their agreement with these Terms of Use. Each use of the Application is governed by these Terms of Use.

1.4. By accessing or using the Services, creating an Account, User agrees to be bound by the Terms of Use. If User does not agree with any part of these Terms of Use, User must not use the Application and Services.

1.5. The use of the Application or Services is considered as the User's consent to these Terms of Use.

1.6. The Application and its functionalities may only be used by a person who has the legal capacity to enter into a valid agreement with FitJam and who is at least 18 years old.

ARTICLE II. REGISTRATION AND ACCOUNT

2.1. To use of functionalities of the Application and Services, the User must register for the access Account (“Account”) via the Application or via FitJam Website www.fitjam.app (“FitJam Website”), secured with login credentials consisting of a username and password.

2.2. The User is required to provide complete, accurate, up-to-date and truthful information when registering for the Account.

2.3. By registering for an Account, the User declares that they have the legal capacity to perform legal acts necessary to conclude the Agreement with the FitJam, that they have read these Terms of Use, and that they fully accept them. The User must be at least 18 years old to use the Services and to register for the Account.

2.4. Each User may only have one Account in the Application.

2.5. The User is obliged to update without undue delay their registration data, especially changes to their name, surname, permanent residence address, mailing address, email address.

2.6. The User is solely responsible for protecting their login credentials to their Access Account in the Application and for all activities carried out through the Application. The User is responsible for any activity performed via their Access Account, even if conducted by someone other than the User. The User must immediately report to FitJam any unauthorized use of Account or login credentials or any breach of Account security. FitJam assumes no responsibility for any loss, damage, or harm resulting from the unauthorized use of the User's login credentials.

ARTICLE III. RIGHTS AND OBLIGATIONS OF THE USER

3.1. The User is obliged to comply with the law and these Terms of Use when using the Application and Services.

3.2. The User may freely share their content (including, but not limited to, workout progress, photos, comments, posts, messages, achievements, or any other user-generated material) (“Content”) via the Application with anyone and anywhere, at their own discretion.

3.3. The User is entitled to use the Application and Services in accordance with these Terms of Use and the granted license.

3.4. The User guarantees that the Content made accessible, shared, or published via the Application does not infringe the copyright of third parties, patent rights, trademark rights, trade secrets, or any other intellectual property rights or personality rights of individuals or the good reputation of legal entities.

3.5. The User may not, either directly or through another person:

  • a) Use the Application or Services in any unlawful manner;
  • b) Communicate through the Application under a false name or using the identity of another person;
  • c) Allow another person to use their Access Account, login credentials, or password for the Application;
  • d) Engage in any activity that could compromise the security or integrity of the information systems or other platforms used by the Application;
  • e) Attempt to gain unauthorized access to the Application or Services;
  • f) Collect or process personal data of any other person using the Application without authorization (including access account names);
  • g) Submit, upload or transmit any data, materials, Content, or information that unlawfully interfere with personality rights, or that are false, misleading, offensive, pornographic, or that contain or promote viruses, Trojan horses, or other malicious code developed and/or intended to disable, delete, damage, disrupt, adversely affect the normal operation of the Application or Services, or
  • h) Launch any automated system that sends more requests to the servers used by the Application within a specific time frame than could be sent by a human using an unmodified browser;
  • i) Engage in activities that could disrupt the management, security, and/or proper functioning of the Application;
  • j) interfere with or damage the proper operation of the Application
  • k) Copy, publicly distribute, transfer, or sell the machine or source code of the Application or use reverse engineering to discover the source or machine code of the Application;
  • l) Use the Application to distribute viruses, worms, Trojan horses, or other harmful code;
  • m) Attempt to gain unauthorized access to the Application or Services;
  • n) Use the Application for any purpose other than personal, non-commercial use permitted by the Application's features;
  • o) Copy, reproduce, distribute, transmit, sell, broadcast, display, or license Content without the prior consent of FitJam or the respective Users who added or published the Content;
  • p) Use the Application to sell access to the Application or to sell advertisements, sponsorships, or other promotions within the Application;
  • q) Submit or transmit Content containing material that is illegal in the User's country of residence or that would be unlawful in connection with the use or operation of the Application;
  • r) Copy or imitate the appearance or features of the Application in any way.

ARTICLE IV. LICENSE

4.1. All intellectual property rights relating to the Application are the exclusive property of the FitJam.

4.2. For the duration of the use of the Application, FitJam grants the User a personal, time-limited, worldwide, non-transferable, non-assignable and non-sublicensable, non-exclusive revocable license to use the Application. The User is entitled to use the Application only in accordance with these Terms of Use and applicable laws, and only to the extent permitted by the user interface of the Application in accordance with the selected functionalities.

4.3. The User is entitled to use the Application exclusively for his/her own personal non-commercial purposes.

4.4. The User is not entitled to perform reverse engineering, decompilation, modification or any other alterations of the Application, nor interfere with it in any other way than through ordinary use permitted by the Application's user interface.

ARTICLE V. USER-GENERATED CONTENT AND LICENSES

5.1. FitJam does not claim ownership of Content that the User publishes, shares, or uploads (“User-generated Content”), but by making Content available, uploading, publishing or sharing it in the Application, the User grants FitJam a license to use such Content.

5.2. The User retains ownership of the User-generated Content even after uploading, sharing or making it available in the Application. By sharing, publishing, or uploading User-generated Content in the Application, the User grants FitJam a non-exclusive, royalty-free, transferable, sublicensable, perpetual worldwide license to make available, use, distribute, modify, run, copy, publicly perform or display, and translate the Content, as well as to create derivative works based on it.

5.3. FitJam has the exclusive right to terminate the User's Account if the User infringes third-party copyrights. Prior to account deletion, FitJam will issue a warning to the User.

5.4. The User is solely responsible for the User-generated Content and the consequences of its publication. FitJam is in no case liable for the content of audio recordings, video recordings, photographs, video recordings, and texts, or for comments uploaded or added by Users in the Application.

5.5. By adding or publishing any Content, the User warrants that they hold the necessary licenses, consents, permissions, and rights required for FitJam to (i) use the Content provided by the User for purposes of making the Application available to its Users and

5.6. The User represents and warrants that the Content they provide does not unlawfully infringe upon third-party rights protected by copyright and that they hold all licenses, rights, consents, and permissions necessary for FitJam and other Users of the Application to use the Content.

5.7. FitJam reserves the right to determine whether User-generated Content added or uploaded by the User complies with these Terms of Use. If the User-generated Content violates the Terms of Use, FitJam has the right to remove it from the Application without prior notice to the User.

5.8. FitJam reserves the right to delete any User-generated Content provided by the User that it considers offensive, obscene, unlawful, inciting to violence or other unlawful acts, misleading, in violation of these Terms of Use, or infringing on copyrights, trademarks, patents, other intellectual property rights, or proprietary rights of third parties. In such cases, FitJam may suspend the User's access to the Application.

ARTICLE VI. PREMIUM SERVICES AND FREE TRIALS

6.1. Premium Services

FitJam offers access to enhanced versions of Services (such as Premium Subscriptions, Premium+ Subscriptions, or other paid offerings introduced from time to time, collectively referred to as the “Premium Services”) in exchange for a fee. These Premium Services include expanded features, exclusive Content, and additional functionalities. FitJam reserves the right to modify, update, or discontinue any aspect of the Premium Services at its discretion, including specific features offered within each subscription tier. Please note that Premium Services described as "ad-free" may still contain limited promotional or sponsored content.

6.2. Subscription and Payment

By enrolling in Premium Services, User consents to pay the applicable fees, including any recurring subscription charges.

6.3. Automatic Renewal

Subscription fees are charged automatically at the start of each billing cycle (monthly or annually, as applicable). Subscription will renew automatically unless you cancel prior to the end of the current subscription period.

6.4. How to Cancel

If User registered for Premium Services through FitJam Website, User may manage or cancel his/her subscription through your account settings. If User subscribed via the Google Play Store or the Apple App Store, they must cancel through your respective App Store account settings. Any cancellation or downgrade will take effect at the conclusion of the current billing cycle.

6.5. Free Trials and Evaluation Periods

FitJam may offer time-limited free access to certain Premium Services ("Free Trial"). To activate a Free Trial, User may be required to provide a valid payment method. No charges will apply until the Free Trial period expires. If User does not cancel before the trial ends, subscription will automatically continue, and the applicable fees will be charged using the payment details provided.

6.6. Failure to pay subscription fees may result in suspension or termination of access to Premium Services.

ARTICLE VII. AVAILABILITY OF THE APPLICATION AND OPERATING SYSTEM AND MOBILE DEVICE REQUIREMENTS

7.1. FitJam does not provide the User with any guarantees regarding the functionality of the Application. FitJam does not guarantee uninterrupted availability of the Application.

7.2. The User is fully responsible for configuring their own IT systems and computer equipment used to access and utilize the Application.

7.3. FitJam is entitled to suspend access to the Application or Services for a reasonable period in the event of changes, innovations, or updates to the Application, or in the case of repair or maintenance of hardware used to operate the Application, even without providing a reason or prior notice. In such cases, the User shall have no claim for compensation for damages resulting from the malfunction and/or unavailability of the Application or any of the Services.

7.4. Use of the Application is only possible via a compatible device. FitJam provides no guarantee that the Application will be compatible with the User's device.

7.5. The Application is compatible with mobile devices as well as tablets running the Android or iOS operating systems.

ARTICLE VIII. CHANGES TO THE APPLICATION

8.1. FitJam reserves the right, at its sole discretion, to:

  • a) implement any new features as part of the Application software, including changes that may affect the operation of the Application;
  • b) bug fixes, feature enhancements, or other improvements and update the Application;
  • c) modify, add, remove, or discontinue any features, content, data, or Services of functionality of the Application;
  • d) make adjustments, updates, or improvements to the Application or Services;
  • e) change system or hardware requirements;
  • f) Adjust pricing for Services, where applicable.

8.2. FitJam is entitled at any time to make modifications, improvements, innovations, and changes to the Application and Services and to release an updated version of the Application. FitJam is also entitled (but not obliged) to automatically electronically update and introduce a new version of the Application.

8.3. FitJam will notify User of any material changes in advance.

8.4. By continuing to use the Application or Services after such changes, User agree to the updated Terms of Use.

ARTICLE IX. LIABILITY OF THE FITJAM

9.1. FitJam shall in no case be liable for the User-Generated Content.

9.2. FitJam does not guarantee that the Application or Services will meet the User's requirements or expectations, be continuously accessible, secure, or error-free, nor that any defects in the Application will be corrected.

9.3. It shall not be considered a breach of the FitJam's obligations if the unavailability and/or malfunction of the Application or the Services is caused by a fault due to repair or maintenance of the data telecommunication network, or any part or accessories thereof.

9.4. FitJam shall not be liable for the unavailability and/or malfunction of the Application or Services caused by force majeure. Force majeure shall mean an obstacle that occurred independently of the FitJam's will, prevents FitJam from fulfilling its obligation, and cannot reasonably be expected to be overcome, avoided, or foreseen at the time of assuming the obligation.

9.5. The User is solely responsible for any use of the Application and Services, including use by any third party through the User's Account.

9.6. FitJam assumes no responsibility for the functionality of the data network, public data network, hardware equipment, data backups, the status of the User's software, or for any interference by third parties with the User's software.

9.7. The User acknowledges and agrees that FitJam reserves the right to monitor the User's access to and use of the Application for the purpose of assessing compliance with these Terms of Use. FitJam is entitled, at its sole discretion, to deny access to the Application or Services or deactivate or cancel the User's Account in the event of actual or suspected misuse of the Application or violation of these Terms of Use by the User.

9.8. FitJam reserves the right to deny access to the Application to any person, at its sole discretion, regardless of whether the User has previously registered or used the Application.

9.9. FitJam assumes no liability for damage or harm caused by the User's use of the Application.

9.10. The Services and Content are provided "as is" and "as available" without warranties of any kind,

9.11. To the fullest extent permitted by applicable law, FitJam disclaims all warranties, express or implied, with respect to the quality, accuracy, timeliness, integrity, completeness, availability, or reliability of the Application or any content made accessible through it.

9.12. FitJam shall not, under any circumstances, be held liable to users or any third party for: (a) any indirect, incidental, consequential, exemplary, special, reliance, or punitive damages of any nature whatsoever; or (b) any loss of profits, revenue, data, usage, goodwill, or other intangible losses, whether arising in contract, tort, or otherwise.

9.13. FitJam is not liable for damage caused by misuse of the User's access credentials to the Application.

9.14. FitJam is not liable for damage resulting from the deletion, corruption, or failure to store any Content.

9.15. The User shall be obliged to compensate FitJam for any damage or costs incurred in connection with or as a result of any breach by the User of their obligations under these Terms of Use.

9.16. In the context of nutritional guidance, it is sole responsibility of the User to ensure that any foods or nutrients recommended through the Services do not contain substances to which User is allergic or that may trigger any form of food intolerance or adverse reaction.

9.17. FitJam does not represent or warrant that use of the Services will lead to any particular results intended by the User. In particular, FitJam makes no assurances regarding muscle development, fat reduction, or the achievement of any specific health or fitness outcomes.

9.18. No warranty is made as to the quality, accuracy, completeness, timeliness, reliability, availability, or factual integrity of any aspect of the Services or the content provided therein.

9.19. To the maximum extent permitted under applicable law, FitJam disclaims all warranties, express or implied, including but not limited to any warranties that: (a) the Services will meet your individual expectations or deliver specific results; (b) the Services will operate without interruption or be free from defects, viruses, or other harmful components; or (c) any identified issues or malfunctions will be remedied.

9.20. FitJam does not guarantee that the Content accessible through our Services is accurate, complete, current, or dependable. FitJam also assumes no obligation to revise or update any such Content.

9.21. Any information made available through Application is not intended to replace professional medical consultation, diagnosis, or treatment. It should not be used as the sole basis for health-related decisions or for identifying or managing any medical issues.

9.22. FitJam is not a licensed healthcare provider or medical institution and does not offer professional medical advice, diagnoses, or treatment services. Services are not designed to detect, prevent, or treat any illnesses or medical conditions. Nothing within the platform should be interpreted as medical guidance or a substitute for consultation with a qualified healthcare practitioner.

ARTICLE X. FINAL PROVISIONS

10.1. Failure to exercise or enforce any right under these Terms of Use shall not be deemed a waiver of such right.

10.2. The User may not assign or transfer any of their rights or obligations under these Terms of Use to any third party.

10.3. In the event of malfunction and/or unavailability of the Application, or any errors in the Application, or in case of questions related to these Terms of Use, the User may contact FitJam at the address Dubai Silicon Oasis, Dubai, United Arab Emirates or via email at [email protected]

10.4. Governing Law. These Terms of Use and the legal relationship between the User and FitJam shall be governed by the laws of the United Arab Emirates.

10.5. Jurisdiction. Any disputes arising out of or in connection with the contractual relationship between FitJam and the User, including disputes regarding the validity, interpretation, or termination of the Contract or these Terms of Use, shall be finally resolved by the competent courts of the United Arab Emirates (exclusive jurisdiction). FitJam reserves the right to bring a claim against the User before the courts of the User's domicile or registered office, if located outside the United Arab Emirates.

10.6. Language. These Terms of Use are binding in the English language version. Any translations are for informational purposes only.

10.7. Severability. If any provision of these Terms of Use is held to be invalid, unenforceable or ineffective, such invalidity shall not affect the validity or enforceability of the remaining provisions.

10.8. Effective Date. These Terms of Use shall enter into force on 1.5.2025.

Last updated: 1/5/2025