FITMOBA websites ("Websites") and mobile applications ("Apps") and related services (together with the Websites, the "Services") are operated by Mixar Reality Ltd. ("FITMOBA", "we", "us", "our", "Company"). Access and use of the Services are subject to the following Terms of Use ("Terms").
By accessing or using any part of the Services, you represent that you have read, understood, and agree to be bound by these Terms including future modifications.
We may amend, update or change these Terms. If we do this, we will post a notice that we have made changes to these Terms on the Websites with the revised date specified. Unless explicitly stated otherwise, any new features that are added or changes that are made to the current Services, including the release of new tools and resources, shall be subject to these Terms.
If you do not agree to abide by these Terms, you are not authorized to use, access or participate in the Services.
For information about how we collect, use and store your personal information, please refer to our Privacy Policy.
To use some parts of FITMOBA, you need to create an account. You are responsible for maintaining the confidentiality of your account details and you are fully responsible for all activities that occur under your account. Your account must be used only by you and must not be shared with, or transferred to any other individual. You are required to provide correct and complete information about yourself ("Account Data") and make sure to maintain its validity whenever necessary.
If we suspect, or discover by the fact, that you provided incorrect Account Data, we reserve the right to immediately suspend or remove your account and refuse further usage of FITMOBA.
Except for the User Content (defined below) all rights and all of the content available through the Services are owned by us or are licensed to us by a third party ("Our Content"). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services.
Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive license to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use ("License").
Our Services, Websites and Apps are intended for your personal, non-commercial use only. You, and any third party, are not allowed to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to access Websites or Apps by any means other than through the interfaces that are provided by us for use in accessing the Services.
We may enable you to post, upload, store, share, or display information such as text, photos, images, video, workout data, sessions and activities, and other information and material. Any information which you post, upload or transmit in any way either publicly or privately via the Services is your user content ("User Content"). You own all rights to the content that you post via the Services whether it was publicly posted, privately transmitted, or submitted through a third-party provider (including an activity imported from Apple Health or Google Fit).
By making your User Content available to our Services, you hereby grant us a perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, publicly display, publicly perform, reproduce and translate any of your User Content that you post on or in connection with the use of our Services.
You understand that you, and not us, are fully responsible for all of your User Content that you upload, transmit or make available to our Services. You understand that we do not frequently monitor or examine the User Content you or other users upload to the Services and are not responsible for that integrity or quality.
We have the right to refuse or remove any User Content that violates our Terms or is deemed by us in our reasonable opinion as inappropriate.
You agree to not promote or advertise products or services commercially. You agree that you do not attempt to use another user’s account or upload any content that is of promotional material, spam, offensive or criminal activity.
You may purchase a digital item or subscription membership to access or use additional contents and features provided by the Services. We will state the type, content, period of use, and precautions of the subscription membership before purchasing the subscription membership and will take measures to ensure that this can always be referred to during the period of use. In general, unless stated otherwise, a single month period of use refers to 30 days and a single year period of use refers to 365 days that will start immediately after the transaction is complete.
The purchases may be made through app marketplaces, credit cards, and other payment methods that are provided by service platforms such as Apple and Google. Afterwards, the usage fee will be automatically paid according to the cycle set at the time of purchase. A new period of use will be renewed accordingly.
A payment transaction or subscription membership is non-refundable by our Company by default. We will never be held responsible for accidental purchases of a subscription or any other product we offer. We reserve the right to change subscription fees from time to time. Payments or subscription membership purchased through platforms such as Apple or Google is however subject to the platform's refund policy. We are not responsible for policies on such platforms. You must request the relevant platform operator to process a refund and a prescribed fee may be incurred in the process.
We may take measures, such as revoking, terminating, suspending, or restricting the purchase or the subscription membership without prior notice in the event of a violation of these Terms.
We may notify users in advance and change the specific contents of the subscription membership, such as the type and price, or abolish a specific subscription membership.
We reserve the right to modify, temporarily suspend, deactivate or permanently delete your account and terminate your access to certain parts or all of the Services if we have reason to believe that you have breached or acted inconsistently with the Terms, including but not limited to requests from law enforcement or other government agency requests.
Following termination, we reserve the right to delete your account, erase parts or all of your information and your User Content. You agree that we shall not be liable to you for any modification or discontinuance of the Services. Your User Content may remain after the termination of your account and that the User Content License shall not be revoked or terminated.
If you have digital purchases or an active membership subscription when your account is terminated, your purchases will be vanished and membership subscription will expire automatically. You will not receive a refund for any period of use remaining in your membership subscription.
You are responsible for your own health. We are not a medical organization and we do not provide you with any medical advice or diagnosis. Information made available through the Services and by our partners and affiliates shall solely be used for recreational and educational purposes.
While we strive to provide you the best possible Services, we cannot guarantee any health, weight and/or fitness results or improvements. We are not responsible for any personal injury or other damages that may result from the use or misuse of the Services. Please do not use the Services if you suffer from, or may suffer from, any medical condition that may be impaired by diet or exercise.
In no event will FITMOBA be liable to you or any third party claiming through you for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where FITMOBA has been advised of the possibility of such damages.
You acknowledge and warrant that FITMOBA is not and shall not be liable to you for any damages, including but not limited to business interruption, inaccurate results, loss of profits, loss or corruption of any data, data being inaccurate, the cost of recovering any data, inability to access the Services, the cost of substitute services.
We do not assume any responsibility for errors or omissions in the information or software or other documents, including user generated material.
Legal disputes between the Company and users shall be governed by the laws of Thailand. All claims arising out of, or relating to, these Terms or FITMOBA shall be resolved by the Thailand public courts.
For further information, inquiries or assistance, you may contact us through our customer service available at our Websites or Apps or our email at: [email protected].
Latest update: May 11, 2022.