Last Updated: November 04, 2024
Welcome to Nimzo Fit (the “App“), a mobile application provided by Nimzo Fitness LLC (“Nimzo Fitness,” “we,” “us,” or “our“). These Terms and Conditions (“Terms“) govern your access to and use of the App. By downloading, installing, or using the App, you (“User,” “you,” or “your“) agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.
1. Acceptance of Terms
By accessing or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
2. Eligibility
You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
3. Account Registration
- a. Account CreationTo access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
- b. Account SecurityYou are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected breach of security.
4. User Responsibilities
- a. Compliance with LawsYou agree to use the App in compliance with all applicable laws, regulations, and these Terms.
- b. Accurate InformationYou are responsible for ensuring that all information you provide, including workout and nutrition data, is accurate and up-to-date.
5. Trainer-Client Relationships
- a. Establishing ConnectionsThe App allows Users to establish connections between trainers and clients. Both parties must consent to this relationship within the App.
- b. Data AccessClients may grant trainers access to their workout and nutrition data. Clients can manage or revoke this access at any time through the App settings.
6. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- a. Unauthorized AccessAttempting to gain unauthorized access to the App or its related systems or networks.
- b. Misuse of the AppUsing the App for any unlawful purpose or in violation of any local, state, national, or international law.
- c. Harmful ActivitiesUploading or transmitting viruses, malware, or any other harmful code.
- d. Infringing ContentPosting content that infringes on the intellectual property rights or privacy rights of others.
7. Intellectual Property Rights
- a. OwnershipAll content, features, and functionality on the App, including but not limited to text, graphics, logos, and software, are owned by Nimzo Fitness or its licensors and are protected by intellectual property laws.
- b. Limited LicenseWe grant you a limited, non-exclusive, non-transferable license to access and use the App for your personal, non-commercial use, subject to these Terms.
8. Disclaimers
- a. No Medical AdviceThe App provides fitness and nutrition information but does not provide medical advice. Consult a healthcare professional before starting any exercise or nutrition program.
- b. “As Is” BasisThe App is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the App’s operation or the information provided.
9. Limitation of Liability
To the fullest extent permitted by law, Nimzo Fitness shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
10. Indemnification
You agree to indemnify, defend, and hold harmless Nimzo Fitness, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of your use of the App or violation of these Terms.
11. Termination
- a. By YouYou may terminate your account at any time by contacting us at support@nimzofit.com.
- b. By UsWe reserve the right to suspend or terminate your access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other Users or us.
12. Changes to the Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the App. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.
14. Dispute Resolution
- a. Informal ResolutionParties agree to attempt to resolve any disputes informally before initiating any legal action.
- b. ArbitrationAny disputes arising out of or relating to these Terms or the App shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Nimzo Fitness regarding the App and supersede all prior agreements.
17. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
18. Assignment
You may not assign these Terms or any rights or obligations herein without our prior written consent.
19. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Nimzo Fitness LLC
Email: support@nimzofit.com