Terms of Service

Effective Date: October 26, 2023

Welcome to freshfit.xyz. These Terms of Service ("Terms") govern your access to and use of the freshfit.xyz website, mobile applications, and any related services, content, and functionality (collectively, the "Service") provided by freshfit.xyz ("we," "us," "our," or the "Company").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and freshfit.xyz. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to both you and the organization.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Effective Date." Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

2. Use of Service

The Service provides fitness, nutrition, wellness content, and related tools and resources. The information provided is for general informational and educational purposes only.

2.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

2.2 Account Registration

Access to certain features may require account registration. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use.

2.4 Prohibited Uses

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Submit false or misleading information.
• 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 Service.
• Collect or track the personal information of others.
• Use the Service for any obscene or immoral purpose.
• Interfere with or circumvent the security features of the Service or any related website.
• Attempt to impersonate another user or person or use the username of another user.

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

3. User Responsibilities

3.1 Health Disclaimer

THE SERVICE PROVIDES FITNESS AND NUTRITIONAL INFORMATION FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any new fitness or nutrition program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Service.

You acknowledge that participation in any exercise or nutritional program involves inherent risks of physical injury. You voluntarily assume all such risks.

3.2 User Content

You may be able to submit content, such as comments or profile information ("User Content"). You retain any ownership rights you have in your User Content, but you grant us a worldwide, royalty-free, sublicensable, and transferable license to host, use, distribute, modify, run, copy, publicly perform or display, and translate your User Content in connection with the Service.

You are solely responsible for your User Content and its legality, reliability, and appropriateness. We are not responsible for any User Content posted by you or any third party.

3.3 Accuracy of Information

You are responsible for ensuring that any information you provide through the Service, including health metrics or goals, is accurate. Reliance on any information provided by the Service is solely at your own risk.

4. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of freshfit.xyz and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of freshfit.xyz.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as incidental to your normal use of the Service.

5. Limitation of Liability

5.1 Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESHFIT.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE