GENERAL TERMS AND CONDITIONS FOR USE OF FITWIN MOBILE APPLICATION
1. Objective
The purpose of these General Terms and Conditions of Use (hereinafter “Terms and Conditions” or “T&Cs”) is to define the Terms and Conditions for the provision of the daily subscription service (“Subscription” or “Service”) relating to the use of the FITWIN application (“Application”) and to define the rights and obligations of the parties in this context.
The Application and Service are published and operated by the company: Vida Digital Mobile Ltd. , a subsidiary of Absolutely Digital DMCC under license number DMCC10576828 located in 1808, Platinum Tower , Jumeriah Lake Towers, Dubai, UAE-338475
Customer service email address: support@FITWIN.app
The Service consists of offering a fitness application whose main purpose is to encourage users to stay active and lead healthier lives, in a fun and interactive way, through game play, under the conditions detailed in the following Article 3. It is understood that the Application does not offer a health diagnosis or any service of medical nature.
These Terms and Conditions are accessible and printable at any time by a direct link found on the Application in the "Profile" tab.
We invite you to read these Terms and Conditions carefully as any Subscription implies that you fully accept this document.
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- Scope of application of the T&Cs
The General Terms and Conditions of Sale exclusively govern Subscriptions marketed to users having the role of a consumer. The General Terms and Conditions of Use are exclusively applicable to consumers based in UAE and govern their contractual relations with the Company with respect to the Service and the Application. The Terms and Conditions and all contractual information mentioned on the application are written in English.
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- Availability and enforceability of the T&Cs
The T&Cs are made available to consumers on the Application, where they are directly searchable. The T&Cs are enforceable to the User who acknowledges that they have read them and has accepted them before signing up for the Subscription. Any Subscription engages the Purchaser’s adherence to the T&Cs which come into effect on the day of the Subscription.
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- Modification of the T&Cs
The Company reserves the ability to modify their T&Cs at any time.
If the Subscriber does not consent to these new Terms and Conditions (which would be applicable immediately), they can terminate their Subscription under the Terms and Conditions of Article 8, “Cancellation". Otherwise, it will be understood that they have consented to the new Terms and Conditions. The termination of the Service by the Subscriber will be effective from the end of the current period and will not result in a refund.
2. Subscription to the Service
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- Conditions
To subscribe to a Subscription, the Application User (“The User” or “Subscriber”) also certifies on their honor to have reached the age of majority and is responsible according to the laws in effect in their country. The User guarantees that they can legally enter into a binding contract.
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- How to subscribe
To subscribe to the Service, the User must fill-out the form provided for this purpose by completing all of the fields. In the event of the disclosure of incorrect data, the Company will not be held liable.
The User guarantees that all the information they provide in this form are accurate, up-to-date, truthful and free of deceit.
They agree to inform the Company through the customer service e-mail address provided in Article 1 in case of changes to their contact information (including: change of address).
The User is informed and accepts that the information entered for the purpose of creating or updating their Account in the Application is deemed proof of their identity. The information entered engages the User as soon as it is validated. The Company reserves the right to verify the accuracy of the data provided.
3. Description of the FITWIN offer
FITWIN is a social fitness application whose main goal is to encourage its Users to stay active and adopt a healthy lifestyle. The application is fully accessible to people of all levels of fitness. Users can challenge their friends in real time and join the larger community!
By using technology and gamification, we've created an innovative application in order to fight obesity in a fun and interactive way.
Users convert their physical efforts into FITWIN Points every time they walk, run or move. They compete with other Users and can observe their position in real time in the ranking board (“Leaderboard” / "Ranking”) included in the Application. Users also have access to premium content on the topics of fitness, nutrition and well-being.
The User's physical activity is converted to Points, based on physical activity and calories consumed.
Users can track their progress and know in real time their position in the Leaderboard/Ranking.
On the last day of each month, at midnight, FITWIN will determine a monthly ranking order of its Users.
On that date, depending on their number of Points and their position in this ranking, the Users will eventually be able to claim one or more prize(s), (hereafter the “Prize(s)”) where the description and conditions for obtaining them will be included directly in the Application.
Users who have won a Prize will be notified by email of their reward and the terms and conditions included in its use.
It is understood that the Company will be free to change the content and features of the Application at any time.
4. Access to the mobile app
The Subscriber is solely responsible for the implementation of the Information Technology and telecommunication means enabling access to the Application.
They retain the costs of telecommunication and internet access for the use of the Application.
5. Service features
The Service consists of providing each Subscriber with access to the FITWIN Mobile Application, a limited, non-exclusive, non-transferable and non-sublicensable license to: (1) access and view FITWIN content, and (2) access and use the software and mobile Applications provided by the FITWIN Service. This license is provided only for your non-commercial personal use and enjoyment of the FITWIN Service, as permitted in these Terms and Conditions, and this is exclusively for the duration of the Subscription.
Each Subscriber will be able to win each month the different Prizes offered if they respect the conditions of obtaining them.
6. Length of service
The Subscription to the Service is a daily Subscription, with no commitment of duration and including automatic renewal.
The Subscription is subscribed for a period of one day and then renewed by automatic renewal for successive durations of one day, with the possibility for the Subscriber to Unsubscribe at any time and for any reason, under the Terms and Conditions provided for in Article 9.
7. Price and payment terms
FITWIN offer 3 types of subscription- Monthly (AED 49.99), Quarterly (AED 120) and Annually (AED 299.99).
Users can avail 7 Days FREE trial with monthly subscription during which they will not be charged anything.
Monthly Subscription: By the end of 7 days, if the user does not cancel the subscription, their card will be debited with the amount of 49.99 AED all taxes included automatically as monthly subscription, renewable monthly, unless they unsubscribe at least 12 hours before the next subscription.
The user wishing to take out a subscription, will have to go to the Website and click on the subscription plan that they wish to benefit from, after reading and accepting the GTS.
All subscriptions are auto renewed unless changed or cancelled by the user at least 12 hours before the next billing cycle.
Afterwards, they will follow instructions shown on Website, give the information on their bank card and click OK to validate their request.
The member will receive confirmation of their subscription by email when the Business has validated their order.
The Subscriber assures the Company that they have the necessary authorizations to pay the price of the Service in accordance with the Terms and Conditions of this current article.
They commit to take the necessary measures so that the automatic payment of the Service cost can be carried out.
The Company reserves the right to suspend or cancel access to the Service and/or to terminate the Subscription in the event of non-payment of any sum that would be owed by the Subscriber, in the event of a payment incident, in case of fraud or attempted fraud relating to the Use of the Service, or in case of non-compliance with the laws in force or of these Terms and Conditions.
8. Termination - Unsubscribe
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- Cancellation by the Subscriber
The member may unsubscribe from the service at any time and without explanation providing their follow this procedure. To cancel subscription, the user must tell the Business:
- By sending an email to Customer Service to support@FITWIN.app or
- By filling the form provided on the “Contact” page or
- In the tab “Unsubscription” on the client’s account page
Any cancellation will be effective at the end of the current subscription period, as long as the cancellation request by the user is formal and complete and gets to the customer service within at least twelve (12) hours before it ends. The cancellation will be confirmed by email.
The cancellation does not give right to any refund of the paid price. The entireties of the sums paid to the Business are theirs.
The website reserves the right to cancel a user’s subscription at any time and what any reason, with fifteen days’ notice. On the assumption of an abusive use of the service such as several subscriptions par the same user, the cancellation may take place immediately, without notice. The user will be notified by email at the address given at registration.
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- Cancellation by the Company
The Company reserves the right to terminate the Service at any time in the event of non-compliance by the Subscriber to these Terms and Conditions, including and without limiting the generality of that which precedes Article 7.
The Company also reserves the right to stop offering the Service at any time and immediately, and without the need for just cause. The Service shutdown will be informed to the Subscriber by any appropriate means.
9. Responsibility
The Company commits to carry out regular checks to verify the operation and accessibility of the Application. As such, it reserves the ability to temporarily interrupt access to the Application for maintenance reasons, without being held liable. Similarly, the Company cannot be held responsible for the temporary difficulties or impossibilities of access to its Application, which would have external circumstances at their origin, a case of force majeure, or which would be due to disruptions to the telecommunications network, the Subscriber being informed of the complexity of the global networks and the influx, at certain times, of internet users. Also, the Company will not be responsible for any virus or malware that could affect the User in the context of the use of the Service and the Application, the User having to assume their own means of protection from these impacts.
In addition, the Company cannot be held responsible for non-performance or delay in the performance of the contract due to a case of force majeure.
The Company has also done its very best to ensure the reliability of the information and data contained in the Application. Nevertheless, the Company does not take responsibility for any errors, inaccuracies or other defects relating to such information and/or data.
10. Intellectual property
The systems, software, structures, infrastructure, databases and content (texts, images, visuals, music, logos, brands, etc.) operated by FITWIN under the framework of Service are protected by all intellectual property rights in force. All disassembling, reverse engineering, decompilations, decryptions, extractions, reutilizations, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the permission of the Society, are strictly prohibited and may be subject to legal prosecution.
Apart from personal privacy, FITWIN content, FITWIN Service and its underlying technology are protected by copyright, trademark, patents, intellectual property rights and all other rights under international law.
11. Personal Data
The Company is required to collect, when registering the Subscriber, personal data concerning their contact details (e.g.: telephone number, last name, first name, e-mail...).
If visitors to the Site decide not to finalize the Subscription process, the Company does not collect the information.
The Company collects this information only for those who have ultimately chosen to subscribe to a Subscription.
By subscribing to the Subscription, the Subscriber then accepts the Company's processing of its personal data for the purpose of managing Subscriptions and providing Application Services.
FITWIN warns the Subscriber that their personal data may be used by the Company.
12. Prohibited behaviour
Strictly prohibited:
(i) any behaviour that may interrupt, suspend, slow down or prevent the continuity of the Service,
(ii) any intrusions or attempted intrusions into FITWIN systems,
(iii) all diversions of application system resources,
(iv) any actions likely to impose a disproportionate burden on the latter's infrastructure,
(v) any breaches of security and authentication measures,
(vi) any misuse of the Application, or any system put in place to artificially increase the number of steps recorded by the Application,
(vii) any acts likely to infringe on the financial, commercial or moral rights and interests of the Company, FITWIN or the users of its Application and lastly, more generally,
(viii) any breach of these Terms and Conditions.
In the event of a breach of any of the provisions of this paragraph or, more generally, violations of the laws and regulations applicable at all times or the use of the Application for illegal purposes, the Company reserves the right to take all appropriate measures and to instigate any and all legal action.
March 2021 version
SECURE PAYMENT
CUSTOMER SERVICE
WITHOUT COMMITMENT
