Terms of Service
1. Acceptance of Terms
By accessing or using the Elevaite Fitness mobile application, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use this application.
2. Description of Service
Elevaite Fitness provides customized fitness and nutrition plans to users. The service includes progress tracking and the ability to share progress, but does not support user-generated content posting within the app.
3. User Conduct
Users are expected to use Elevaite Fitness responsibly and ethically. Sharing of progress through external platforms must comply with those platforms’ terms and respect the privacy and rights of others.
4. Privacy Policy
Your use of Elevaite Fitness is also governed by our Privacy Policy, which is available at elevaitefitness.com.
5. Intellectual Property
All content provided within the Elevaite Fitness app, including but not limited to text, graphics, images, and software, is the property of Elevaite Fitness or its licensors and is protected by intellectual property laws.
6. Dispute Resolution
In the event of a dispute, Elevaite Fitness prefers to resolve matters through amicable negotiations. If such resolution is not possible, disputes will be resolved through arbitration or the appropriate legal system.
7. Disclaimer of Warranties and Liability
Elevaite Fitness takes care to provide quality fitness and nutrition plans. However, users are advised to consult with professional healthcare providers before starting any new fitness or nutrition regimen. Elevaite Fitness is not liable for any injury or health issues that may arise from the use of its plans.
8. Modifications to Service and Termination
Elevaite Fitness reserves the right to modify or discontinue the service with or without notice to the user. Elevaite Fitness shall not be liable to any user or third party should it exercise its right to modify or discontinue the service.
9. Governing Law
These Terms shall be governed by the laws of the jurisdiction in which Elevaite Fitness’s principal place of business is located, without regard to its conflict of law provisions.
10. Subscription Services
a. Fees and Payment
Elevaite Fitness offers subscription-based services. The subscription fees are disclosed at the time of purchase and may vary based on the subscription plan chosen by the user. Users agree to pay all fees and charges incurred in connection with their account at the rates in effect when the charges were incurred.
b. Renewal and Cancellation
Subscriptions are automatically renewed at the end of each subscription period, unless the user cancels the subscription. Users can cancel their subscriptions at any time through their account settings. The cancellation will take effect at the end of the current billing period.
c. Refunds
All fees and charges are non-refundable, and there are no refunds or credits for partially used periods, except as required by applicable law.
d. Changes in Fees
Elevaite Fitness reserves the right to change the subscription fees at any time. Users will be notified of any such changes and will have the option to cancel their subscriptions if they do not agree to the new fees.
11. Changes to Terms of Service
Elevaite Fitness reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the app following any such changes constitutes your acceptance of the new Terms of Service. We will notify users of any significant changes through the app or via email.
12. User-Generated Content Responsibility
While Elevaite Fitness does not primarily host user-generated content, any content shared by users through external platforms must be done responsibly. Users are solely responsible for the content they share and the consequences thereof.
13. Account Security
Users are responsible for maintaining the confidentiality of their account information, including their password, and are fully responsible for all activities that occur under their account. Elevaite Fitness is not liable for any loss or damage arising from your failure to comply with this security obligation.
14. Third-Party Links and Services
The app may contain links to third-party websites or services that are not owned or controlled by Elevaite Fitness. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
15. Prohibited Use
Users are prohibited from using the app for any unlawful purpose, or any other purpose not expressly permitted by these Terms. This includes, but is not limited to, hacking, data mining, or unauthorized use of the app and its features.
16. Termination of Use
Elevaite Fitness reserves the right to terminate or suspend access to our app immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
17. Indemnification
You agree to indemnify and hold harmless Elevaite Fitness and its officers, directors, employees, and agents from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising out of or in connection with your violation of these Terms.
18. Limitation of Liability
In no event will Elevaite Fitness, or its directors, employees, or agents, be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your access to or use of, or inability to access or use, the app.
19. Force Majeure
Elevaite Fitness shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Elevaite Fitness’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
20. Entire Agreement
These Terms, together with any amendments and any additional agreements you may enter into with Elevaite Fitness, shall constitute the entire agreement between you and Elevaite Fitness concerning the app.
21. Severability and Waiver
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
22. Contact Information
For support or legal issues, please contact us at actificial@gmail.com.