Terms of Service
Cal Fit Pro
Terms and Conditions
Last Updated: November 1, 2024
Please read these Terms and Conditions (“Terms”) carefully before using our website, mobile application, or any related services (collectively, the “Service”). These Terms establish the legal framework governing your access to and use of the Service.
1. Acceptance of Terms
By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you disagree with any portion of these Terms, you must cease using the Service immediately.
2. Definitions
• Affiliate: Any entity that controls, is controlled by, or is under the common control of Cal Fit Pro, where “control” refers to ownership of over 50% of the shares or voting rights.
• Company (also “we,” “us,” or “our”): Refers to Cal Fit Pro.
• Country: Refers to the primary jurisdiction in which the Company is registered or operates.
• Device: Any internet-enabled hardware, such as a computer, tablet, or smartphone, used to access the Service.
• Service: Refers to our website, mobile apps, and other related products or services offered by Cal Fit Pro.
• Third-Party Social Media Service: Any third-party platform, service, or content integrated with or accessible through our Service.
• You: The individual using or visiting the Service, or any other entity on whose behalf an individual is accessing the Service.
3. Eligibility and Acknowledgment
1. User Responsibility: By using the Service, you represent that you are at least 18 years old. Those under 18 are strictly prohibited from using the Service.
2. Agreement: These Terms outline the rights and responsibilities of both the Company and all individuals who use the Service.
3. Privacy Policy: Your use of the Service is also governed by our Privacy Policy, which details how we collect, use, and safeguard your personal data. We strongly encourage you to review it.
4. Links to Other Websites
Our Service may include links to websites or services not operated by us. We do not control or endorse these external sites, nor are we responsible for their content, privacy practices, or any associated risks. We recommend reviewing the terms and policies of any third-party service before interacting with them.
5. Termination of Access
We reserve the right to suspend or terminate your access to the Service at any time, with or without prior notice, particularly if we determine that you have violated these Terms or engaged in unlawful or harmful activities. Upon termination, any licenses or permissions granted to you under these Terms will immediately expire.
6. Limitation of Liability
1. Maximum Liability: If you incur any damages while using the Service, our total liability will not exceed the greater of (a) the total amount you have paid to us via the Service in the preceding 12 months or (b) 100 USD, whichever is higher.
2. Indirect Damages: To the maximum extent allowed by law, we shall not be liable for indirect, incidental, special, or consequential damages such as loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages.
3. Exceptions: Some jurisdictions may not permit the limitation or exclusion of certain liabilities. In such regions, our liability is limited to the extent allowed by applicable law.
7. “AS IS” and “AS AVAILABLE” Disclaimer
Our Service is provided “AS IS” and “AS AVAILABLE,” without any warranties, express or implied. We do not warrant that:
• The Service will be uninterrupted or error-free.
• The information provided through the Service is accurate or reliable.
• The Service or its servers are free of viruses or other harmful elements.
In jurisdictions that do not allow certain warranty exclusions, our disclaimers apply to the fullest extent permitted by law.
8. Governing Law and Dispute Resolution
1. Governing Law: These Terms shall be governed by the laws of the jurisdiction in which the Company is primarily located, without regard to its conflict-of-law provisions.
2. Dispute Resolution: If any disputes arise concerning the Service, you agree to first attempt to resolve the matter informally by contacting us. If informal resolution fails, disputes may be brought before the courts of the governing jurisdiction.
3. EU Residents: If you reside in an EU member state, you may be entitled to protections and dispute resolution procedures under applicable EU consumer regulations.
9. U.S. Legal Compliance
By using the Service, you represent and warrant that:
1. You are not located in any country subject to a U.S. government embargo or designated as a “terrorist-supporting” nation.
2. You are not on any U.S. government list of prohibited or restricted parties.
10. Severability and Waiver
1. Severability: If any portion of these Terms is found to be invalid or unenforceable by a court, that section will be construed to reflect the original intention, and the remaining provisions will retain their full force.
2. Waiver: Failure by either party to enforce any provision of these Terms does not constitute a waiver of future enforcement of that or any other provision.
11. Changes to These Terms
We may update or modify these Terms at our sole discretion. If a change is significant, we will provide reasonable notice before the new terms become effective. Continued use of the Service after updates become effective signifies your acceptance of the revised Terms. If you do not agree, you should discontinue use of the Service immediately.
12. Contact Us
If you have questions or concerns about these Terms or the Service, please contact us:
Email: support@calfitpro.com
By using Cal Fit Pro, you acknowledge that you have read and accepted these Terms and agree to comply with all applicable laws and regulations.