CSVAPP

 

Terms&Conditions

Terms of Use. Effective date: 29 August 2018

 

These terms of use ("Terms of Use") are a legal agreement between you and FittiCoin, a company incorporated in Jordan (registration number......) whose registered office is at (......) (hereafter referred to as "FittiCoin", "we" or "us" as the context may require) for the use of the FittiCoin mobile application ("FittiCoin App") and any website operated by FittiCoin (the "FittiCoin Website(s)") including, without limitation www.fitticoin.com

 

These Terms of Use set out important information regarding your rights and obligations in connection with the FittiCoin App and FittiCoin Website(s). Please read them carefully. In particular, we draw your attention to the limitations of liability contained in Section 14.  

 

By downloading, installing or using the FittiCoin App or accessing the FittiCoin Website(s), you agree to these Terms of Use which shall bind you.  If you do not agree with these Terms of Use, do not download, install or use the FittiCoin App or FittiCoin Website(s).

 

FittiCoinpermits you to use the FittiCoin App and FittiCoin Website(s) solely in accordance with these Terms of Use. FittiCoinretains ownership of the FittiCoin App and FittiCoin Website(s) at all times.  

 

These Terms of Use apply to the use of any updates or changes to the FittiCoin App and FittiCoinWebsite(s) that we may issue from time to time. 

  

1. The licenses granted to you for the use of the FittiCoin App and FittiCoin Website(s)

FittiCoin grants you a non-exclusive, non-transferable, revocable license to do the following in accordance with these Terms of Use (the "Licenses"):

 

(i) Download, install and use the FittiCoin App, and any updates to it provided by FittiCoin website from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and 

 

(ii) Access and browse the Fitticoin Website(s) for your personal use only. 

                         

Fitticoin may terminate the Licenses granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licenses shall automatically terminate.  Where any of the Licenses are terminated, you agree to immediately cease using and accessing the Fitticoin Website(s) and Fitticoin App and to delete any copies of the Fitticoin App held by you. 

 

2. User age restrictions

The Fitticoin App and Fitticoin Website(s) are not intended for use by children under the age of 13. If you are under the age of 13 you must not use the Fitticoin App and Fitticoin Website(s). If we discover that any such use is taking place we will immediately terminate any relevant user account(s) facilitating such use. If you are below the age of 16, you must have obtained the consent of your parent or legal guardian to your use of the Fitticoin App and Fitticoin Websites(s).

 

3. Rights to the Fitticoin App, Fitticoin Website(s) and their content

All intellectual property rights and other rights in or to the Fitticoin App and Fitticoin Website(s), and any content of either, made available by or on behalf of Fitticoin and its licensors, belong to and remain at all times with Fitticoin website and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to the Fitticoin App or Fitticoin Website(s) or any contents of either. "Fitticoin" is the trading name of (......) and we hold registered and unregistered trade mark rights in respect of this name.   

 

The Fitticoin App and Fitticoin Website(s) are licensed and not sold under these Terms of Use. The only rights granted to you in relation to the Fitticoin App and Fitticoin Websites(s) under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to the Fitticoin App or Fitticoin Website(s) is granted by us.

 

Where you submit any content whatsoever ("Content") to the Fitticoin App or Fitticoin Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable license to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the Fitticoin App, Fitticoin Website(s) and our business from time to time. 

 

We welcome any feedback or suggestions for improvements relating to the Fitticoin App, Fitticoin Website(s) and/or any related products and services offered by us from time to time ("Feedback").  Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.    

 

Save as expressly permitted by us in these Terms of Use, you must not use the content on the Fitticoin App or Fitticoin Website(s) (other than content that is submitted by you to the Fitticoin App) for any commercial purpose without obtaining written permission from us to do so first.  

 

4. Use of the Fitticoin App

In order to use the Fitticoin App, you must create a user account (a "Fitticoin Account"). You are responsible for all uses of your Fittitcoin Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your Fitticoin Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorized use of your Fitticoin Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.
 

Your Fitticoin Account logs details of all Fitticoins generated by you and any transfers of Fitticoins to or from your Fitticoin Account. Please review your Fitticoin Account regularly. If you identify any erroneous transaction or unexpected activity on your Fitticoin Account, or you believe that the security of your Fitticoin Account has been compromised, you must let us know as soon as possible.
 

Different membership levels may apply to the Fitticoin Accounts of different users and, depending on the membership level you hold, your entitlement to access functionality of the Fitticoin App or generate Fitticoins may vary.  

 

When using the Fitticoin App on your mobile device, you acknowledge and agree that Fitticoin operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.


The Fitticoin App stops generating Fitticoins on your mobile device if you do not open the Fitticoin App for 30 days. Generation of Fitticoins restarts once you next open the app.

 

5. Fitticoin

"Fitticoins" are units of exchange that users of the Fitticoin App may generate through verified physical movement (e.g. steps). Fitticoins may be used to redeem products, services and other benefits via the Fitticoin App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that Fitticoins may not be redeemed for cash from Fitticoin website or any of its affiliates, unless we expressly agree otherwise with you in writing.

  

All Fitticoins are generated by the verified physical movement of users of the Fitticoin App. Fitticoins will never be generated by any other means. We reserve the right to destroy Fitticoins that we have reason to believe have been created by any other means and to suspend or disable Fitticoin Accounts used in contravention of these Terms of Use.

 

We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate Fitticoins using the Fitticoin App (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified steps required to generate a Fitticoin). Details of eligibility criteria and the volumes of verified movement required to generate Fitticoins from time to time are provided within the FAQ section of the Fitticoin App. Movement verification conducted by our algorithms is considered final and cannot be revised or reversed.

 

We may cap the maximum amount of Fitticoins that users of the Fitticoin App may generate each day using the Fitticoin App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.  
 

We may from time to time impose Fitticoin-denominated charges for the use of the Fitticoin App or to enable specific functionality of the Fitticoin App. Where we do this we will be entitled to deduct the applicable number of Fitticoins from your Fitticoin Account required to meet the applicable Fitticoin-denominated charges and we may retain and use the Fitticoins that we deduct for our own benefit.  We will always be transparent about any applicable Fitticoin-denominated charges and details of any such charges are provided within the FAQ section of the Fitticoin App.

   

To illustrate, and without limiting our rights under the preceding paragraph, we may elect to impose a Fitticoin-denominated commission charge on the generation of Fitticoins entitling us to deduct a proportion of the Fitticoins that you generate. We may also impose recurring Fitticoin-denominated charges in relation to certain membership level categories. Details of any applicable rate of commission on Fitticoin generation from time to time, and any Fitticoin-denominated charges applicable to the different membership levels are provided in the FAQ section of the Fitticoin App.

  

We reserve the right to impose charges in relation to the use of Fitticoin App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via the Fitticoin App.  The currency and amount of any such charges may be determined by us in our absolute discretion.

 

The Fitticoin App allows you to send Fitticoins to third party users of the Fitticoin App. Please ensure that you have verified the identity of the recipient of the relevant Fitticoins before sending them.  We may make available functionality enabling the donation of Fitticoins to charity. 
 

6. Acceptable Use

You agree that you shall not:  

 

(a)        seek to generate Fitticoins by any means other than your genuine physical movement meeting the eligibility criteria specified by Fitticoin from time to time and, in particular and without limitation, you shall not (i) simulate any such verified movement using artificial and/or mechanical means, (ii) enlist third parties to generate Fitticoins on your behalf (for the avoidance of doubt, however, you may receive transfers of Fitticoins from third parties using the functionality available within the Fitticoin App 
 

(b)        copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the Fitticoin App or Fitticoin Website(s) or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or applicable law;

 

(c)        Operate more than one Fitticoin Account;  

 

(d)        use the Fitticoin App or Fitticoin Website(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Fitticoin App or Fitticoin Website(s);

 

(e)        Reproduce, frame, display or mirror the Fitticoin App or Fitticoin Website(s) other than as a necessary consequence of their normal operation by you;  

 

(f)         Infringe our intellectual property rights or those of any third party in relation to your use of the Fitticoin App or Fitticoin Website(s);

 

(g)        Transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Fitticoin App or Fitticoin Website(s);

 

(h)        Use the Fitticoin App or Fitticoin Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 

 

(i)          Employ any technology that interferes in any way with the proper operation of the Fitticoin App or Fitticoin Website(s), including by blocking any advertising or promotions displayed thereon; or 

 

(j)          Collect or harvest any information or data from the Fitticoin App or Fitticoin Website(s) for any commercial purpose, save as otherwise agreed in writing by us.

 

If we discover any breach of this Section 6 by you, we may immediately suspend or terminate your access to the Fitticoin App and remove and delete any content from Fitticoin App or Fitticoin Website(s) violating this Section 6.  

 

7. Changes and updates to the Fitticoin App and Fitticoin Website(s)

Fitticoin reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the Fitticoin App and/or Fitticoin Website(s), and/or (ii) alter the functionality or contents of the Fitticoin App and/or Fitticoin Website(s) with or without notice to you.

  

We may issue updates to the Fitticoin App from time to time. Depending upon the nature of the update, you may not be able to continue to use the Fitticoin App until you have downloaded the latest version of the Fitticoin App.

  

8. Contacting us 

In relation to any matters concerning the Fitticoin App and Fitticoin Website(s), including any feedback, questions, complaints or claims, please contact us via support@fitticoin.com

 

Fitticoin welcomes any feedback you may have on the Fitticoin App.

 

9. No warranty

The Fitticoin App and Fitticoin Website(s) are provided "as is" and "as available" without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the Fitticoin App, Fitticoin Website(s) or the contents of any of them. Fitticoin does not warrant or undertake that use and availability of the Fitticoin App and Fitticoin Website(s) will be uninterrupted or error-free.  

 

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE FITTCOIN APP OR FITTICOIN WEBSITE(S).  IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF FITTICOIN IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

10. Third Party Content

For your convenience Fitticoin may include in the Fitticoin App or Fitticoin Website(s) links to other sites on the internet that are owned or operated by third parties ("Third Party Websites"). You also agree that Fitticoin has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.

 
The Fitticoin App and Fitticoin Website(s) may include content submitted by other users of the Fitticoin App and Fitticoin Website(s) ("Third Party Content").  You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.  

 

The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

 

11. No Medical Advice

The Fitticoin App allows you to track and verify your physical movement, generate Fitticoins and use Fitticoins to redeem goods, services and other benefits. THE SERVICES WE PROVIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. The Fitticoin App is not a tool for the diagnosis or prevention of disease. We do not endorse any third party products or services listed on the Fitticoin Marketplace and, where these relate to your health, you should always take appropriate medical advice before using them. YOUR USE OF THE FITTICOIN MOBILE APP DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND FITTICOIN. 

 

12. Changes and updates to the Terms of Use

We may change or update these Terms of Use from time to time. If we decide to do this we will post such changes or updates on our website http://fitticoin.com and on the Fitticoin App, so that you are always aware of the terms and conditions for the use of the Fitticoin App and Fitticoin Website(s). If we make a significant change to these Terms of Use, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use on the Fitticoin App or Fitticoin Website(s) from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use, by continuing to use the Fitticoin App or any Fitticoin Website(s) you agree to be bound by such change or update.

 

From time to time we may make available additional terms or guidance in relation to the usage of Fitticoin App or Fitticoin Website(s), and where we do this; you agree to comply with such additional terms or guidance that we make available by continuing to use the Fitticoin App or any Fitticoin Website(s).  

 

13. Fitticoin Store

The Fitticoin App enables users to offer goods, services and other benefits to other users that may be redeemed in exchange for Fitticoins (such functionality being the "Fitticoin Store").  
 

Where you use the Fitticoin Store to offer or redeem goods, services or other benefits in exchange for Fitticoins, any such transaction is entered into directly between you and the legal person making available the relevant goods, services or other benefits to you or redeeming such goods, services or other benefits from you, as applicable. Without limiting the effect of these Terms of Use in any way, transactions taking place on the Fitticoin Store are subject to the legal terms of the party offering the relevant goods, services or other benefits on the Fittycoin Store (including as stated in the actual listing), and we and our affiliates are not party to any such transactions save to the extent that we engage in transactions ourselves directly on the Fittycoin Store.
 

To the extent that Fitticoin agrees to administer on your behalf via Fitticoin own account any offer of goods or services or other benefits in exchange for Fitticoins on the Fitticoin Store, Fitticoin shall be entitled to retain up to 100% of the Fitticoins received for its own benefit in its absolute discretion.

     

You agree that Fitticoin has no responsibility for any goods, services or other benefits offered by you or by any third party on the Fitticoin Store. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of the Fitticoin Store. Our operation of the Fitticoin Store should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any user. 

 

Fitticoin is entitled to alter the selection of goods services and other benefits on offer, and the number of Fitticoins required to redeem any such goods, services or other benefits offered, on the Fitticoin Store, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion.  Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant goods, services or other benefits, if you do not agree with the revised number of Fitticoins required.

  
You represent and warrant to us that any goods, services or other benefits that you offer on the Fitticoin Store will: (i) conform to the description you provide for them, (ii) comply with all applicable laws and regulations, (iii) be of satisfactory quality, (iv) conform to our acceptable use requirements (stated in Section 6 above), and (v) be delivered in full once a user redeems the relevant goods services or other benefits using the requisite number of Fitticoins in accordance with your stated terms and conditions. 

   

You agree that we may remove any listing or offer on the Fitticoin Store at any time in our absolute discretion.  All goods, services or other benefits listed on the Fitticoin Store are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the user listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via the Fitticoin Store only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.

 

You agree that disputes in relation to any goods, services or other benefit redeemed via the Fitticoin Store shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programs that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in. 
 

We welcome feedback on Fitticoin Store participants. In the event that we determine in our absolute discretion that any fraud has occurred or any user has breached these Terms of Use or refused or failed to honor an offer of goods, services or any other benefit it has listed on the Fitticoin Store that has been duly redeemed by another user using the requisite number of Fitticoins and in accordance with any applicable terms and conditions, we reserve the right in our absolute discretion to (i) reallocate Fitticoins between users to reimburse any aggrieved user where we deem this appropriate, and (ii) suspend or terminate the use of the Fitticoin App by any user(s).
 

You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on the Fitticoin Store that we have not participated in. 
 

We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on the Fitticoin Store is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that you list or redeem using the Fitticoin Store.

 

As a form of Store curation Fitticoin may offer an option for the users to report an offer via Fitticoin app functionality and reserves a right after a review to delist the offer from the Fitticoin Store.
 

14. Limitation of liability

You acknowledge that the Fitticoin App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Fitticoin App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the Fitticoin App, Fitticoin Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the Fitticoin App or Fitticoin Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of Fitticoins by us.     

 

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the maximum aggregate limit specified in the following paragraph. 

 

15. Apple's requirements

As users of the App Store operated by Apple Inc, we are required to include certain legal terms in our Terms of Use.

 

16. General

We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent.  Any attempt to do so without our consent will be void.

  
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control
 

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

 

These Terms of Use and their subject matter and formation, are governed by Jordan law. You and we both agree that the courts of Jordan will have non-exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.