Terms of Service
Last updated: April 13, 2020
Yes.Fit provides fitness experiences that help you start moving and stay moving, and empower you to lead a healthier, more active life. These Terms of Service ('Terms') apply to your access and use of Yes.Fit. 'Yes.Fit' includes our applications, software, websites, APIs, products, and services.
These Terms are an agreement between you and IR4C Inc. dba Yes.Fit, 4121 Drane Field Road, Lakeland, FL 33811 U.S.A. When the Terms mention 'Yes.Fit,' 'we,' 'us,' or 'our,' they refer to the party to your agreement that provides you with Yes.Fit.
You must accept these Terms to create a Yes.Fit account and to access or use Yes.Fit. If you do not have an account, you accept these Terms by using any part of Yes.Fit. If you do not accept these terms, do not create an account or use Yes.Fit.
2. USE OF YES.FIT
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use Yes.Fit unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use Yes.Fit if you are barred from receiving services under applicable law or have previously been suspended or removed from Yes.Fit.
3. CREATING AN ACCOUNT
Full use of Yes.Fit requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Yes.Fit is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support if you discover or suspect any security breach related to Yes.Fit or your account.
4. NECESSARY EQUIPMENT
Full use of Yes.Fit is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of Yes.Fit and it is your responsibility to ensure the equipment's functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
5. POSTING YOUR CONTENT ON YES.FIT
Yes.Fit may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content ('Your Content') to and via Yes.Fit. You retain all rights to Your Content that you post to Yes.Fit. By making Your Content available on or through Yes.Fit you hereby grant to Yes.Fit a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving Yes.Fit.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all the rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on Yes.Fit, and your use of Yes.Fit will not (a) infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user's account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use Yes.Fit in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying Yes.Fit, or which may expose us or our users to any harm or liability of any type.
Yes.Fit may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via Yes.Fit.
6. YES.FIT'S RIGHTS
'Yes.Fit Content' includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through Yes.Fit. Yes.Fit Content, Yes.Fit, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Yes.Fit. Our logos and any other Yes.Fit trademarks that may appear on Yes.Fit, and the overall look and feel of Yes.Fit, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on Yes.Fit are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
7. WHAT YOU CAN DO ON YES.FIT
Yes.Fit is intended for your personal use.
Yes.Fit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use Yes.Fit, (2) access and view the Yes.Fit Content, and (3) access and use the software and mobile applications provided by Yes.Fit. With respect to item (3), this license includes any third-party software embedded in any Yes.Fit Service. This license is provided solely for your personal, non-commercial use and enjoyment of Yes.Fit as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Yes.Fit Content, Yes.Fit Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Yes.Fit or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using Yes.Fit: (1) use, display, mirror, or frame Yes.Fit or any individual element within Yes.Fit, including the layout and design of any page, without Yes.Fit'sexpress written consent; (2) use Yes.Fit's name, any Yes.Fit trademark or logo, or any Yes.Fit proprietary information without Yes.Fit's express written consent; (3) access or tamper with non-public areas of Yes.Fit, Yes.Fit's computer systems, or the technical delivery systems of Yes.Fit'sproviders; (4) test the vulnerability of any Yes.Fit system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Yes.Fit or any of Yes.Fit's providers or any other third party (including another user) to protect Yes.Fit; (6) access Yes.Fit or Yes.Fit Content through the use of any mechanism other than through the use of an Authorized Connection, Yes.Fit Service, or Yes.Fit API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Yes.Fit provides to you or any other part of Yes.Fit.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to Yes.Fit for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Yes.Fit's sole discretion.
9. OUR ENFORCEMENT RIGHTS
We reserve the right (but are not required) to remove or disable access to Yes.Fit, any Yes.Fit Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Yes.Fit Content, Your Content, or your use of Yes.Fit is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects Yes.Fit, and in response may take any action we may deem appropriate.
10. USE YES.FIT AT YOUR OWN RISK
If you rely on any Yes.Fit Content or Yes.Fit, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on Yes.Fit, but we make no endorsement, representation, or warranty of any kind about any Yes.Fit Content, information, or services.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through Yes.Fit. Yes.Fit Content and Yes.Fit may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
Use of Yes.Fit should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of Yes.Fit.
11. CONSULT YOUR DOCTOR BEFORE USING YES.FIT
Yes.Fit is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using Yes.Fit, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using Yes.Fit and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through Yes.Fit. If you engage in any exercise program you receive or learn about through Yes.Fit, you agree that you do so at your own risk and are voluntarily participating in these activities.
12. DMCA/COPYRIGHT POLICY
Yes.Fit respects the intellectual property of others and expects its users to do the same. It is Yes.Fit'spolicy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
13. TERMS OF SALE, RETURNS AND WARRANTY, AND PAID SERVICES
Terms of Sale and Returns and Warranty
Yes.Fit's Terms of Sale and Returns and Warranty Policy apply to purchases of physical goods from Yes.Fit. The Terms of Sale are incorporated into and made a part of these Terms. All orders placed are subject to Yes.Fit'sacceptance. We may accept, decline, or place limits on your order for any reason.
Your purchase and use of any of our paid services are subject to the Yes.Fit Terms for Paid Services, which are incorporated into these Terms.
14. FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Yes.Fit, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
15. CONTESTS AND GIVEAWAYS
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Yes.Fit or its partners. It is your responsibility to carefully review those terms and conditions.
16. ALERTS AND NOTIFICATIONS
As part of your use of Yes.Fit, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
17. THIRD-PARTY SERVICES
18. CHANGES TO YES.FIT
Yes.Fit may change or discontinue, temporarily or permanently, any feature, component, or content of Yes.Fit at any time without notice. Yes.Fit is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of Yes.Fit. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Yes.Fit products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all ofYes.Fit, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support.
YES.FIT AND YES.FIT CONTENT ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR YES.FIT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that Yes.Fit or Yes.Fit Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of Yes.Fit or any Yes.Fit Content.
You will indemnify and hold harmless Yes.Fit or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys' fees, arising out of or in any way connected with (i) your access to or use of Yes.Fit, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
22. LIMITATION OF LIABILITY
NEITHER YES.FIT, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING YES.FIT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE YES.FIT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YES.FIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL YES.FIT'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE YES.FIT EXCEED THE AMOUNTS YOU HAVE PAID TO YES.FIT FOR USE OF YES.FIT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO YES.FIT, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YES.FIT AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
23. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Yes.Fit arising out of or relating to these Terms of Service, Yes.Fit, or any other Yes.Fit products or services (collectively, 'Disputes') will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Yes.Fit, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 45 days after submission, you or Yes.Fit may bring a formal proceeding.
We Both Agree ToArbitrate: You and Yes.Fit agree to resolve any Disputes through final and binding arbitration.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting info@Yes.Fit.com within 15 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
No Class Actions: You may only resolve Disputes with Yes.Fit on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Yes.Fit agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Polk County, Florida. Both you and Yes.Fit consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Yes.Fit products or Yes.Fit Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
24. GENERAL TERMS
Except as otherwise stated herein, these Terms constitutes the entire and exclusive understanding and agreement between Yes.Fit and you, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Yes.Fit and you regarding Yes.Fit and Yes.Fit Content.
When you use Yes.Fit after a modification of these Terms become effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Yes.Fit'sprior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Yes.Fit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Yes.Fit under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to Yes.Fit. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Yes.Fit's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Yes.Fit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
25. USE OF LOCATION DATA IN THE APP
The Yes.Fit app has an integrated fitness tracker you can use to log miles. When in use, the fitness tracker collects location data to map your route and distance, even when the app is closed or in the background. When you press the tracker stop button to end your workout, we will stop collecting location data until you use the tracker again.
No other feature of the app collects or uses location data.
26. ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at email@example.com at our mailing address below.
IR4C Inc. dba Yes.Fit
4121 Drane Field Road
Lakeland, FL 33811
YES.FIT TERMS FOR PAID SERVICES
These Yes.Fit Terms for Paid Services (the 'Paid Service Terms') apply to your purchase and use of any paid Yes.Fit services, including automatically renewing subscription services ('Programs') and purchases (collectively the 'Paid Services').
By purchasing or using a Paid Service, you agree to be bound by the Yes.Fit Terms of Service, which incorporate these Paid Service Terms and include a mandatory arbitration provision, and any separate terms and conditions presented to you in conjunction with your use of the Paid Services. If you do not accept these terms, do not purchase, access, or use our Paid Services.
1. PAID SERVICES
Paid Services include content and personalized, interactive services. They may be one-time purchases or automatically renewing subscription services. We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and we have the sole discretion to determine which portions of Yes.Fit require payment.
Automatically Renewing Subscriptions. Your Subscription term may vary, for example, with monthly or annual automatic renewal terms (a 'Subscription Term'), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues until you cancel it or we suspend or stop providing the Subscription in accordance with our Terms of Service. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of each renewal term.
Subscription Cancellation. You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term.
In the event you cancel your Subscription, note that we may still send you promotional communications about Yes.Fit, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.
No Refunds on Subscriptions. When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration ('credits') to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.
Free Trials. From time to time, we may offer free trials for specified periods of time without payment. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. To avoid any charges, you must cancel your Subscription before the end of your free trial period.
Price Changes. We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.
3. ONE-TIME PURCHASES
Certain Paid Services are one-time purchases, and not subscription-based. One-time purchases may be cancelled or refunded within the first 30 days.
4. PAYMENT AND BILLING
You authorize Yes.Fit to charge your chosen payment method for the Paid Services. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service.
Please note that if you accept a promotional offer or make changes to your Paid Services, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
If you initiate a chargeback against Yes.Fit, we incur substantial fees above and beyond those fees related to your purchase. Once we are informed of a chargeback, we will attempt to contact you to resolve the chargeback. If we are unable to resolve the chargeback, Yes.Fit reserves every right to block your access to your account and limit participation on Yes.Fit.
Once access to your account has been blocked or participation has been limited, you may request reinstatement by contacting firstname.lastname@example.org. In order to be reinstated, you will be required to pay all chargeback fees and related expenses incurred by Yes.Fit as a result of your chargeback.
6. REPRESENTATIONS, WARRANTIES, AND COVENANTS
Any Paid Services are personal to you and may not be used by any other person. You will not allow anyone else to use your Paid Services, and you will not transfer any Subscription or disclose your password to any other person. You will report to Yes.Fit any unauthorized or prohibited use of your Paid Services.