These Terms of Service are effective as of 30 July 2024.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
These Terms of Service cover important information about the Platform, subscriptions, and any applicable fees. Your subscription is governed by these Terms of Service. The following additional terms may also apply to you:
Additional Terms: If you live in certain countries, the Additional Terms in these Terms of Service may apply to you. These Additional Terms supersede these Terms of Service to the extent of any inconsistency.
Welcome to the FitEase community!
These Terms of Service and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the "Terms of Service") apply to your use of (and subscription to) the FitEase website (“Website”), FitEase mobile application ("FitEase App") or one of our other products or services, all of which are part of FitEase's platform ("Platform").
These Terms of Service are entered into by and between you as a user (referred to as "User", "you" or "your") and Metaspeed Teknoloji LimitedŞirketi (referred to as "FitEase", "we", “Service”, "us or "our"), and supersede and replace any terms and conditions of services that you may have previously agreed with FitEase in connection with the Platform.
Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Service. The offering of the Platform to you is conditional on your acceptance of these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the Platform.
If you don’t agree to the revisions, please stop using the Service, delete your account or cancel your subscription before the effective date of the Terms. By continuing to use or access the Service after the updates come into effect, you agree to be bound by the revised Terms.
For more details about FitEase’s privacy practices, please refer to our Privacy Policy.
1. IMPORTANT DISCLAIMERS
Our top priority is ensuring your well-being as you strive towards your fitness and wellness objectives. We urge you to exercise responsibility and employ your best judgment and common sense when utilizing our Service.
1.1. Not a Medical Advice
1.1.1. THE SERVICE DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE, OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS OR WELLNESS, MENTAL HEALTH OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION (COLLECTIVELY, "HEALTHCARE SERVICES").
1.1.2.THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS (INCLUDING ANY RECOMMENDATIONS AND ANY INFORMATION AVAILABLE THROUGH THE SERVICES THAT MAY APPEAR TO BE PERSONALIZED) AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH, FITNESS AND WELLNESS GOALS. YOU ACKNOWLEDGE THAT YOUR DIET AND EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INVOLVE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICE, YOU AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICE.
1.1.3. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING, AS WELL AS THE HEALTH, LIVES AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.
1.1.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER PROVIDED BY US OR THIRD PARTIES (EVEN IF THEY ARE CLAIMING TO BE A DOCTOR) IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (I) THE ADVICE OF YOUR PHYSICIAN OR OTHER PROFESSIONALS, (II) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONALS, OR (III) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE SERVICE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
1.1.5. YOUR USE OF THE SERVICE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.
1.1.6. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, THE COMPANY DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE. YOU ARE ENCOURAGED TO CONSULT WITH YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS WITH REGARD TO THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE SERVICE.
2.2. Accuracy
2.2.1. THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT FOOD RECIPES, EDUCATIONAL COURSES, EXERCISES, OR OTHER CONTENT ON THE SERVICE.
2.2.2. THE DATA COLLECTED AND PRESENTED THROUGH FITEASE IS INTENDED TO REPRESENT YOUR ACTIVITY. IT IS NOT INTENDED TO MATCH THE ACCURACY OF MEDICAL DEVICES OR SCIENTIFIC MEASUREMENT DEVICES. IT'S IMPORTANT TO NOTE THAT WE DON'T ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, EFFECTIVENESS, OR PROPER USE OF THE INFORMATION YOU RECEIVE FROM FITEASE SERVICES.
2.3. Personalization
WE MAY CUSTOMIZE AND TAILOR THE PLANS WE OFFER TO YOU BASED ON INFORMATION OBTAINED DURING THE ONBOARDING PROCESS. WHILE WE MAKE EVERY EFFORT TO MEET YOUR INDIVIDUAL FITNESS AND WELLNESS OBJECTIVES, WE MAKE NO GUARANTEES THAT OUR PERSONALIZED PLANS AND OFFERS ARE BASED ON ALL INFORMATION OBTAINED DURING ONBOARDING AND DESIGNED UNIQUELY. WE STRIVE TO ENSURE THAT OUR PERSONALIZED RECOMMENDATIONS ARE ACCURATE AND HELPFUL. THEY ARE NOT INTENDED TO REPLACE PROFESSIONAL ADVICE AND SHOULD BE USED AT YOUR OWN DISCRETION.
2.4. Individual Results
2.4.1. WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON (UNLESS OTHERWISE SPECIFIED), AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS, UNLESS OTHERWISE SPECIFIED DIRECTLY. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.
2.4.2. EACH INDIVIDUAL'S HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON HIS OR HER BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY HEALTH-RELATED PROGRAM OR SERVICE, YOUR RESULTS MAY VARY, AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO, YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, UNIQUE HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERTISE, AND LEVEL OF COMMITMENT. THE USE OF THE SERVICE SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR PHYSIQUE THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE AND USE OF THE SERVICE.
3. USER
3.1. Eligibility
By accessing or using the Platform, you confirm that you are of legal age in your country, are not under 16 years old, have full power, capacity and authority to agree to the Terms of Service and have not been previously suspended or removed from using the Platform.
3.2. User Account Creation
a) To use certain features of the Platform, you will need to create a user account (each, a "User Account") by providing your first and last name, an email address, a password, your date of birth and other information that we may require from time to time. You will also be required to create a username for your User Account in order to access the Forum hosted on the Platform. Please provide accurate and current information when creating your User Account. You can also create a User Account by using your Apple, Facebook and Google credentials.
b) FitEase may, at its sole discretion:
i) limit the number of User Accounts that you may create or maintain;
ii) stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or
iii) refuse to create a User Account for you.
3.3. Security
a) By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission).
b) FitEase is not responsible for any loss or activity that results from the unauthorized use of your User Account due to your failure to secure your access credentials.
c) You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the FitEase team in writing at [email protected] of any unauthorized use of your User Account or any other breaches of security.
3.4. Suspension and termination
a) FitEase has the right to suspend access to your User Account, or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in these Term of Service), subject to Applicable Laws (as defined at clause 3.1 below)
b) You acknowledge and agree that these Terms of Service continue to apply even after your User Account expires or is terminated, or where you have stopped using the Platform.
4. SUBSCRIPTION SERVICE
4.1. Subscription
a) You can choose to subscribe to the Platform either on a monthly or annual basis, or for such other periods that FitEase may offer from time to time, and the applicable fees are set out on the Website or on the applicable app store from which the FitEase App can be downloaded.
b) FitEase may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms of Service.
c) Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.
4.2. Free trials
a) We may provide a free trial subscription for a fixed period of time, as determined by us at our sole discretion.
b) Unless otherwise stated in respect of specific promotions, free trials are only available to new FitEase users, and we reserve the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.
c) If you begin your subscription with a free trial, we will begin billing your payment method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription before the end of the free trial period. To cancel your subscription during the free trial period, please refer to the instructions set out at clause 2.5 below.
4.3. Automatic renewal of subscription
Your subscription will automatically renew for the same term of your initial subscription unless you cancel your subscription at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your profile page within your User Account and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
4.4. Cancellations
If your Subscription was created as an in-app purchase via an app store you must cancel your subscription via that app store. Any refund of subscription fees will be governed by the applicable terms and conditions of that app store.
5. USE OF THE PLATFORM
By using the Platform, you confirm that you will not use the Platform for any of the following:
a) Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which FitEase or the User are bound in any jurisdiction applicable to the access and use of the Platform ("Applicable Laws").
b) Unauthorized Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorized access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.
c) Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.
d) Fraud – any act that: (i) attempts to defraud FitEase or any other person; or (ii) provides false, inaccurate or misleading information to FitEase.
6. AVAILABILITY OF SERVICES, SECURITY
6.1. FitEase shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of FitEase’s control. FitEase will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
6.2. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
6.3. You acknowledge and agree that FitEase shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
6.4. You must immediately notify the FitEase team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
6.5. Users may also be required to download and install updates to the FitEase App so as to maintain access to the Platform and its services. A User's failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed.
7. INTELLECTUAL PROPERTY, USE LICENCE
7.1. FitEase’s ownership of the Platform
All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Platform and the material published on and through it are owned by FitEase, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorized use of another party’s Intellectual Property Rights.
7.2. User's license to use Platform
You are not granted any right to use, and may not use, any of FitEase's Intellectual Property Rights other than as set out in these Terms of Service and subject to the following conditions:
a) you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from FitEase;
b) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and
c) you may not use any data mining, robots or similar data-gathering or extraction methods.
FitEase reserves the right to monitor your use of the Platform and to alter or revoke your licence or your access to the Platform at any time and for any reason. Your licence shall terminate upon the expiry or termination of your User Account.
8. LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY
8.1. Limitation of Liability
a) Nothing in these Terms of Service shall exclude or restrict FitEase’s liability for: (a) death or personal injury resulting from the negligence of FitEase or its Associated Parties (as defined in Clause 7.1(b) below); (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws.
b) Subject to the above, to the maximum extent permitted by Applicable Laws:
i) in no event shall FitEase, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Associated Parties") be liable for any:
A) indirect or consequential loss; or
B) loss of profit, business opportunity, anticipated savings, revenue or goodwill,
in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Platform, or these Terms of Service; and
ii) FitEase and the Associated Parties' aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Service in respect of any one or more incidents or occurrences shall be limited to the greater of (a) the total amount of fees received by FitEase or the Associated Parties from you in connection with your use of the Platform in the twelve (12) month period prior to the date of the first incident or series of connected incidents giving rise to a claim made by you under these Terms of Service, and (b) TRY 100.00.
8.2. Disclaimers
a) To the maximum extent permitted under Applicable Laws, the Platform and any product, service or other item provided by or on behalf of FitEase are provided on an "as is" and "as available" basis and FitEase expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the above, FitEase does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.
b) To the maximum extent permitted under Applicable Laws, FitEase is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Platform.
c) The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we recommend seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform.
8.3. Indemnification
a) To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand FitEase and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:
i) your use of, or conduct in connection with, the Platform;
ii) your breach of these Terms of Service;
iii) your violation of any Applicable Laws or the rights of any other person or entity.
b) You will provide FitEase and the Associated Parties with any assistance that FitEase and the Associated Parties reasonably requests in defending any such action or proceeding.
9. CHANGES AND UPDATES TO PLATFORM, TERMS OF SERVICE
FitEase may delete or modify any feature or part of the Platform at any time without notice. FitEase may also revise and update these Terms of Service at any time in its sole discretion by posting an updated Terms of Service on the Platform. All such changes to the Terms of Service are effective immediately when posted to the Platform and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of such revised Terms of Service constitutes your acceptance and agreement to the changes which are binding on you.
10. COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION
10.1. If you have any questions, feedback or complaints, please contact the FitEase team by email at [email protected]
10.2. These Terms of Service (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by Turkish law. The courts of Türkiye have exclusive jurisdiction to settle any dispute arising from or connected with these Terms of Service.
10.3 If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms of Service, including this clause 9, affects your rights as a consumer to rely on such mandatory provisions of law.
11. GENERAL
11.1. Force Majeure Event
a) A "Force Majeure Event" means any event beyond FitEase’s reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
b) If a Force Majeure Event occurs that affects FitEase’s ability to perform its obligations under these Terms of Service, the FitEase team will contact you as soon as reasonably possible to notify you and FitEase’s obligations under these Terms of Service will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.
11.2. Data Privacy
We will only use your personal information as set out in FitEase’s Privacy Policy (as amended from time to time).
11.3. Transfers
FitEase may transfer its rights and obligations under these Terms of Service to another entity, but this will not affect your rights or FitEase’s obligations under these Terms of Service. You may not transfer your rights and obligations under these Terms of Service to another person.
11.4. Validity
If any provision of these Terms of Service is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
11.5. Waiver
No waiver of any provision in these Terms of Service shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy under these Terms of Service shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
11.6. Relationship of the parties
Nothing in the Terms of Service: (a) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (b) shall give rise to any fiduciary or equitable duties owed by FitEase to you.
11.7. Third party rights
A person who is not a party to these Terms of Service has no right whether by applicable statute or otherwise to enforce any term of these Terms of Service.
12. CONTACT
If you want to send any notice under these Terms or have any questions regarding the Service and Products, you may contact us at: [email protected].
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Metaspeed Yazılım Ltd. Şti..
Üniversiteler Mahallesi 1606 Cadde B 2 Blok NO:4B İÇ KAPI NO 705 Çankaya /Ankara
[email protected]
A. ADDITIONAL TERMS
If you live in one of the following countries or states, these Additional Terms apply and override any inconsistent terms in the Terms of Service:
1. CANADA
By accessing or using the Platform, you confirm that:
a) you are of legal age in your country and not under 16 years old. In the case where you are resident in a province or jurisdiction where the legal age is 18 or 19 years old, you confirm that you are 18 or 19 years old or older (as applicable); and
b) you have full power, capacity and authority to agree to the Terms of Service and have not been previously suspended or removed from using the Platform.
2. UNITED STATES OF AMERICA
By accessing or using the Platform, you confirm that:
a) you are of legal age in your country and not under 16 years old. In the case where you are resident in a state or jurisdiction where the legal age is 18 years old, you confirm that you are 18 years old or older; and
b) you have full power, capacity and authority to agree to the Terms of Service and have not been previously suspended or removed from using the Platform.