HighQFitness TERMS OF USE

 

Last modified: November 19, 2024

The use of our app HighQFitness is subject to these Terms of Use. By using the app, you (user) expressly agree to adhere to the provisions contained herein. In case you do not agree to any of them, we kindly ask you not to use our app.

 

1.       USE OF THE APP

 This app is owned and operated by HighQFitness, LLC. All content featured or displayed on the app, including all text, graphics, photographs, images, moving images, sound, illustrations, and software, and all related rights, are the exclusive property of HighQFitness, LLC or persons who have granted their permission to display the content on the app. All elements of the app are protected by copyright, trademark, moral rights, and other laws relating to intellectual property. By accepting these Terms of Use, you are granted a revocable license to access the app.

 

You must not use the app in any way that uses excessive app resources and as a result, is liable to cause a material degradation in the services provided by us to our other customers using the app; and you acknowledge that we may use reasonable technical measures to limit the use of app resources by you for the purpose of assuring services to our customers generally.

 

2.       REGISTRATION

 In order to use our app, you need to register by verifying your email address and creating a password which will be used as your access credentials. You shall implement and maintain reasonable security measures relating to the access credentials to ensure that no unauthorized person or application may gain access to the app by means of the access credentials.

 

Alternatively, you may also create an account by social login, for instance, by logging in via your Google account.

 

We hereby grant you a worldwide, non-exclusive license to use the app in accordance with the terms of these Terms of Use.

 

3.            PROHIBITED USES OF THE APP

You are prohibited from using the app or its content:

(i)                 for any unlawful purpose;

(ii)               to solicit others to perform or participate in any unlawful acts;

(iii)             to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(iv)              to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(v)                to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(vi)              to submit false or misleading information;

(vii)            to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the app, other apps, or the Internet;

(viii)          to collect or track the personal information of others;

(ix)              to spam, phish, pharm, pretext, spider, crawl, or scrape;

(x)                for any obscene or immoral purpose, including posting offensive or triggering content; or

(xi)              to interfere with or circumvent the security features of the app or any related app, other apps, or the Internet.

 

We reserve the right to terminate your use of the app for violating any of the prohibited uses.

 

Except to the extent expressly permitted in these Terms of Use or required by law on a non-excludable basis, the license granted by us to you hereunder is subject to the following prohibitions:

(a)        you must not sub-license its right to access and use the app;

(b)        you must not permit any unauthorized person or application to access or use the app;

(c)        you must not use the app to provide services to third parties;

(d)        you must not republish or redistribute any content or material from the app;

(e)        you must not make any alterations to the app, and

(f)        you must not conduct or request that any other person conduct any load testing or penetration testing on the app.

 

4.       MAINTENANCE

 

We may from time to time suspend the app for the purposes of scheduled maintenance.

We will, where practicable, give you prior written notice of scheduled maintenance that will, or is likely to, affect the availability of the app.

 

5.       THIRD-PARTY LINKS

 

Certain content, products, and services available via our app may include materials from third parties, in particular:


Third-party links on this site may direct you to third-party apps that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or apps, or for any other materials, products, or services of third parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party apps. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using third-party links and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any third-party link.

 

6.       CHARGES AND PAYMENT

 

The use of the app is free of charge. However, we may offer certain special features only to our premium users. You may upgrade your account to premium at any time by notifying us about your decision. You may also downgrade your account from premium to standard at any time.

The up-to-date cost of a premium subscription and ways of paying it will be available on our website or in the app.

 

We may also offer you to purchase our hardware which will help you use the app more efficiently. Any such offers will be placed on our website or in the app.

We may elect to vary our charges and payment policies at any time, provided that we will inform you about any such decision by posting the respective information in the app or modifying these Terms of Use.

You can terminate the subscription at any time. In order to exercise this right, please, see the instructions applicable to your device:

iPhone/iPad:

1.                   Open the Settings app.

2.                   Tap on your name at the top, then tap Subscriptions.

3.                   Select the subscription you wish to cancel and tap Cancel Subscription.

 

Macbook:

1.                   Open the App Store app and click on your name at the bottom left.

2.                   Click Account Settings, scroll to Subscriptions, and click Manage.

3.                   Click Cancel Subscription next to the subscription you wish to terminate.

 

PC (iTunes):

1.                   Open iTunes and select Account > View My Account.

2.                   Scroll to Settings > Subscriptions, and click Manage.

3.                   Select Cancel Subscription for the relevant subscription.

 

Android mobile phone:

1.                   Open the Google Play Store app.

2.                   Tap the menu icon (three horizontal lines) and select Subscriptions.

3.                   Choose the subscription you want to cancel, then tap Cancel Subscription.

 

PC:

1.                   Go to play.google.com and click on your profile icon in the top right corner.

2.                   Select Payments & Subscriptions > Subscriptions.

3.                   Find the subscription and click Manage, then select Cancel Subscription.

 

These processes ensure that the subscription is properly terminated through the platform where it was initiated. In case you decide to terminate your subscription before the end of the premium period, we will reimburse your costs on pro-rata basis.

 

7.       INDEMNIFICATION

You agree to indemnify, defend and hold harmless HighQFitness, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

8.       WARRANTIES AND LIMITATION OF LIABILITY

 THE CONTENT OF THE APP IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND HighQFitness, LLC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER HighQFitness, LLC NOR ANY PERSON ASSOCIATED WITH US MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER HighQFitness, LLC NOR ANY PERSON ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE CONTENT, OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

In no case shall HighQFitness, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

We warrant that:

  • we have the legal right and authority to enter into these Terms of Use and to perform our obligations under these Terms of Use;

  • we will comply with all applicable legal and regulatory requirements applying to the exercise of our rights and the fulfillment of our obligations under these Terms of Use;

  • we have or have access to all necessary know-how, expertise, and experience to perform our obligations under these Terms of Use;

  • our app when used by you in accordance with these Terms of Use will not breach any applicable laws, statutes, or regulations.

 

You warrant to us that you have the legal right and authority to enter into these Terms of Use and to perform your obligations hereunder.

 

9.       CONFIDENTIAL INFORMATION & PRIVACY

 We do not want to receive any confidential or proprietary information from you through this app. Please note that any information sent to us will be deemed as non-confidential. By sending us any information you grant us a right to freely use it at our own discretion subject to restrictions placed by Privacy Policy.

 

10.   FORCE MAJEURE EVENTS

If a Force Majeure Event, meaning an event, or a series of related events, that is outside the reasonable control of the party affected (which may include failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars), gives rise to a failure or delay in either party performing any obligation under these Terms of Use (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

 

A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Terms of Use, must:

(a)        promptly notify the other; and

(b)        inform the other of the period for which it is estimated that such failure or delay will continue.

 

A party whose performance of its obligations under these Terms of Use is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

 

11.   CONTACT INFORMATION

 

In case of any questions regarding the use of our app please write us an email: legal@highqfitness.com

 

12.   MISCELLANEOUS

 

If any provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of these Terms of Use will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

 

These Terms of Use are made for the benefit of the parties and are not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.

 

This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado. The courts of Colorado shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms of Use.

 

In these Terms of Use, a reference to a statute or statutory provision includes a reference to:

(a)        that statute or statutory provision as modified, consolidated, and/or re-enacted from time to time; and

(b)        any subordinate legislation made under that statute or statutory provision.

 

The clause headings do not affect the interpretation of these Terms of Use.

 

13.   AMENDMENTS TO THESE TERMS OF USE

 

We may amend these Terms of Use from time to time. The new version will come into force upon its publishing in our app. You may always find out whether our privacy policy was amended by checking the “last modified” legend on the top of the page.