PineFit Terms and Conditions
Last Updated: Novemebr 8, 2024
1. Acceptance of Terms
By accessing or using the PineFit application ("App") or website ("Website"), including any associated services (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and PineFit LLC.
2. Account Registration and Use
2.1 Account Creation: To use certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update this information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify PineFit immediately of any unauthorized access to or use of your account.
2.2 Account Termination: PineFit reserves the right to terminate or suspend your account at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, violation of applicable laws, repeated security breaches, or failure to provide accurate information.
2.3 Permitted Use: You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to: (a) use the Services to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable content; (b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) interfere with or disrupt the operation of the Services or the servers or networks connected to the Services; (d) attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services; (e) use any robot, spider, scraper, or other automated means to access the Services; (f) harvest or collect personally identifiable information from the Services; (g) use the Services for any commercial purpose without PineFit's express written consent; or (h) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
3. Intellectual Property Rights
3.1 Ownership: The Services, including but not limited to the App, Website, software, code, designs, graphics, text, images, videos, audio, and other content, are protected by copyright, trademark, and other intellectual property laws. All rights, title, and interest in and to the Services are owned by PineFit or its licensors.
3.2 License Grant: PineFit grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services.
4. User Content
4.1 Submission: You may be able to submit content to the Services, including but not limited to workout data, progress reports, and comments ("User Content"). You retain ownership of your User Content, but you grant PineFit a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with the operation and promotion of the Services. This includes the right to use your User Content anonymously or aggregate it with other User Content for statistical purposes.
4.2 User Content Responsibilities: You are solely responsible for your User Content and ensure it complies with these Terms and all applicable laws. You represent and warrant that you have all necessary rights to grant PineFit the license described above. PineFit is not responsible for the content or accuracy of User Content and disclaims all liability related to User Content.
5. Disclaimer of Warranties
The Services are provided "as is" and "as available" without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. PineFit does not warrant that the Services will be uninterrupted or error-free. PineFit disclaims any responsibility for any harm resulting from your reliance on information obtained through the Services.
6. Limitation of Liability
To the maximum extent permitted by law, PineFit shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not PineFit has been informed of the possibility of such damage.
7. Indemnification
You agree to indemnify and hold PineFit, its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Services, or your User Content.
8. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in Denver, Colorado in accordance with the rules of the American Arbitration Association. The prevailing party in any such dispute shall be entitled to recover its reasonable attorneys' fees and costs.
9. Changes to these Terms
PineFit may modify these Terms at any time. We will post the updated Terms on the App and Website and notify you of any material changes. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the modified Terms.
10. Privacy Policy
PineFit's Privacy Policy, which is incorporated herein by reference, governs the collection, use, and disclosure of your personal information. Please review our Privacy Policy carefully.
11. Entire Agreement
These Terms constitute the entire agreement between you and PineFit with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.
12. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. Contact Us
If you have any questions about these Terms, please contact us at info@pinefit.com.