HabFit Terms of Use
The habfit.io website (the “Site”) is open to both clients and trainers. For the purposes of this Terms of use, the Site and any interaction with us on Facebook Messenger, WhatsApp, SMS, Slack, Viber, and/or any other online channels shall be referred to as “Platform”. The purpose of the Platform is to provide an efficient process for connecting clients and trainers via messenger. By joining our community, clients will be able to learn about trainers, subscribe to remote fitness programs, and gain insight into valuable promotions and offerings. Trainers will be able to advertise their services, acquire client subscriptions, as well as promote their own expertise in the industry. For the purpose of this Terms of Use Agreement, both clients and trainers shall be referred to as “you” or “your.”
Please understand that, by joining our community and accessing the information on the Platform, you are acknowledging that you have read, understood, and agree to comply with the terms and conditions stated within this Terms of Use Agreement (this "Agreement" ), which shall constitute a binding agreement between you, as a user of the Platform, and HabFit Technologies Inc. (“HabFit”). This Agreement is an electronic contract that sets out the legally binding terms of your use and membership of the Platform. If there is any conflict between this Agreement and the terms of any other agreement that you have entered with HabFit, those terms will supersede the terms of this Agreement.
1. How to Use our Service
The service is available to both trainers and clients, so that they may advertise, connect, and communicate. To enjoy the service, trainers must develop a profile and input their locations, availability, and number of the available client spots into the HabFit software. The clients may then register on the Platform, and begin to search for trainers. Then, the client may subscribe to the trainer of his or her choice.
2. Registering on the Platform
Both clients and trainers must register with the Platform, in order to enjoy the service that HabFit is offering. To register, clients and trainers must provide their full name, state of residence, zip code, phone number, date of birth, email address, and create a password. Trainers may also upload photos and create bios that provide information about their experience and location.
You agree that any information that you supply during the registration process will be accurate, truthful, and complete. You also agree not to (i) select, register, or attempt to register, or use a name of another person with the intention of impersonating that person; (ii) use a name of anyone else without authorization; or (iii) use any content, names, data, or other information that is in violation of the intellectual property rights of any person or that HabFit considers to be offensive or adverse to the spirit and purpose of the Platform. HabFit reserves the right to reject or terminate any registration that, in its judgment, it deems offensive or otherwise in violation of this Agreement.
You will be responsible for preserving the confidentiality of your password and will notify HabFit of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify HabFit immediately. HabFit reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. You must be at least 13 years old to register on the Platform.
Please inform HabFit if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting our representatives at team@habfit.io.
3. Billing and Payment
Billing and Payment The Client shall pay HabFit directly for the Services as outlined in the Client’s respective subscription plan. All prices and fees displayed on the HabFit Platform are exclusive of applicable federal, provincial, state, local, or other governmental sales, goods, and services or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). Any applicable Taxes are based on the rates applicable to the billing address you provide to us and will be calculated at the time a transaction is charged to your Account. Unless otherwise indicated, all prices, fees, and other charges are in Canadian dollars, and all payments shall be in CAD currency.
4. Fees, Refunds, and Charges
Subscription Fees
The client shall pay for all subscription fees, and hereby authorizes HabFit (and its payment processors) to debit the client’s bank account or charge client’s credit card, as stated on client’s channel subscription and billing page. The client agrees that all subscriptions are recurring and will renew automatically. The client shall also be solely responsible for paying and remitting to the appropriate tax authorities all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency except those taxes based on HabFit’s net income. In the event client fails to satisfy its tax and/or duty obligations herein, client shall reimburse HabFit upon demand for any taxes and/or duties paid on behalf of client and shall defend, indemnify and hold HabFit harmless against any claim and/or liability (including penalties) resulting from client’s failure to pay such taxes and/or duties.
Cancellation Policy
The client acknowledges that all subscription fees are charged automatically on a recurring basis until the client cancels their channel subscription (both month-to-month and annual plans). The client may cancel their subscription by logging into their PayPal Account and cancel their subscription. The client can learn how to cancel their subscription here. Or the client can email support to cancel his subscription . Please keep in mind that you are solely responsible for properly canceling your account. You must email support before or on the payment due date. However, you can also contact support if you are having difficulty or need help.
For monthly dues being paid within a Channel, you must contact the administrator of the channel to have you removed from the channel, cancel your account, or unsubscribe from the channel.
Refunds
All HabFit subscriptions include a 7-day free trial. After 7 days, the chosen Plan Service is billed in advance on a monthly or annual basis and is non-refundable; no refunds will be issued. HabFit does not offer prorated refunds for canceled subscription plans. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All subscriptions, both month-to-month and annual plans, are recurring and will automatically renew after the end of each paid subscription period.
If a trainer is unable to continue providing his service, we will try to reassign another trainer to you. In case we cannot find a new trainer for you, we will cancel the current subscription and refund the amount based on the number of days left until the end of the billing cycle.
5. Termination and Suspension
Unless otherwise agreed to in writing between you and HabFit, either party may terminate these terms of service for any or no cause, at any time. You may cancel and delete your Account at any time by either using the features on the HabFit Platform to do so or by written or email notice to team@habfit.io. After cancellation, you will no longer have access to your Account, your profile, or any other information through the HabFit Platform. The provisions of these terms of service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive any termination of these terms of service and any termination of your use of or subscription to the HabFir Platform and shall continue to apply indefinitely.
6. Proprietary Rights to Content
All materials contained on the Platform are protected by copyright law except where explicitly noted otherwise. HabFit reserves all rights in this content.
You acknowledge and agree that content, including but not limited to text, software, photographs, video, design, recordings, music, graphics, or other material contained on the Platform (the “Content”) is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and applicable law. You agree not to copy, reproduce, distribute, or create derivative works from the Content or otherwise use, transmit, rebroadcast, publish, or distribute the Content in any form other than as expressly authorized by this Agreement without HabFit’ prior written consent. You understand and agree that you are permitted to make one copy of the Content for personal use only, provided you:
Keep all copyright and other proprietary notices on each copy you make
Use the material in a manner consistent with this Agreement
Understand that we are neither transferring ownership of the materials directly or by implication, nor granting any license or right to the trademarks, tradenames, or copyrights of any party
Using any of our materials for a commercial purpose without our express written consent-violates our copyrights and other proprietary rights.
You may not use any data mining, robots, scraping, or similar data gathering and extraction tools on the Content, frame or scrape data from any portion of the Platform or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You also are prohibited from taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure. Finally, you may not utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Platform.
7. User Conduct
You agree that all the information that you access on the Platform will be used only for your own personal purposes. You will not make any other unauthorized use of the Platform or any interactive features available on the Platform or otherwise act in a manner that is disruptive to the purpose and intent of the Platform. You may not engage in any conduct or action that is prohibited by any applicable law.
8. Privacy
HabFit collects information about the users of the Site. The collection of this information is governed by our Privacy Policy, which may be accessed at habfit.io/privacy-policy.
9. Waiver
You acknowledge that training can be dangerous. The facilities at which a session takes place may contain hazards that could result in your injury or death or damage to your property. The equipment used at a session could cause your injury or death or damage to your property. Your client or trainer could cause your injury or death or damage to your property. You assume all risk of injury, death, and property damage related to all sessions scheduled through the Platform. HabFit does not inspect or maintain any facilities at which any lesson takes place, does not provide any equipment used at any session, and is not responsible for the behavior of any client or trainer. By scheduling a session or subscribing to the trainer service, you are agreeing that HabFit has no liability whatsoever for any injury, death, or property damage suffered by you in connection with such session.
10. Corporate Identification and Trademarks
All registered and unregistered trademarks and service marks (collectively, “Marks”) used or referred to on the Platform are the property of HabFit or its affiliate, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way without HabFit’s prior written permission. The use of Habfit’ Marks on any other website or platform, without authorization, is prohibited.
11. Public Areas of the Site; IP Warranty and Grant
Certain areas of the Platform may allow both trainers and clients to post their own Content (as defined in Paragraph 5), which can be accessed and viewed by others, including the public in general. For example, the trainers may upload photos and biographical information that is created by the trainer for the purpose of publication on the Platform. Please know that you may only post such Content to public areas on the Platform that you created or that you have permission to post. You may not post any Content that violates these Terms of Use.
We do not claim ownership in any Content (as defined above) that you may post. However, by submitting such Content to public areas of the Site, you hereby warrant that you own the appropriate rights in the Content, so as not to violate any third party’s intellectual property or proprietary rights. Further, you grant to HabFit a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content, including any message or any e-mail sent by you to us or posted on the Platform (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed without the need to attributed authorship.
To be clear, you understand and agree that you may not upload, post, or otherwise make available on the Platform any Content protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights. You are responsible for determining that such material is not protected by copyright, trademark, or other proprietary rights. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from any uploading, posting, or submission.
12. Prohibited Conduct
By using the Platform you agree not to submit, post, or transmit any content or otherwise to engage in any conduct, that violates any of the following rules:
You may not attempt to harm, disrupt, or otherwise engage in activity that impairs, the Platform.
You may not post any content on the Platform that (a) violates or encourages others to violate any applicable law or regulation, or which would give rise to civil liability; (b) is fraudulent, false, misleading, or deceptive; (c) is defamatory, pornographic, obscene, vulgar, or offensive; (d) promotes bigotry, racism, hatred, harassment, or harm against any individual or group; or (e) is abusive or threatening.
You may not attempt to interfere with any other person’s use of the Platform or the services offered on the Platform.
You may not misrepresent your identity or impersonate any person.
You may not access, descramble, deactivate, remove, impair bypass, or circumvent any technological measure that we, our partners, or a third party have implemented to protect the Platform.
You may not attempt to gain access to any account, computers or networks related to or used in connection with the Platform, without authorization, or otherwise tamper with any aspect of the Platform, or use any robot, spider, data mining tool, web tool, engine, software, device, or mechanism to access data on the Platform, unless we provided you with such tool and authorized you to use it for the specific purpose(s) in which you have used it
You may not attempt to obtain any data through any means from the Platform, except if we intend to provide or make it available to you.
You may not use the Platform to participate in pyramid schemes or chain letters.
You may not use the Platform to send, either directly or indirectly, any unsolicited bulk email or communications or unsolicited commercial email or communications.
You may not use the Platform to post, display, send or otherwise make available or use, any material protected by intellectual property laws unless you own or control all necessary rights to such material or have received all necessary authorization.
You may not use the Platform to send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of any computer or property.
You may not use the Platform to download any material sent by another user of the Platform that you know, or reasonably should know, cannot be legally distributed in such a manner.
You may not use the Platform in a manner that violates this Agreement, or any code of conduct or other guidelines which may be applicable to the Platform.
You may not use the Platform to harvest or otherwise collect information about others, including without limitation email addresses.
You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with the Platform.
You may not use the Platform in a manner that results in excessive bandwidth usage, as determined solely by us.
We have the right to make all judgments concerning any of the above prohibitions in our sole, exclusive, and complete discretion. We reserve the right, also in our sole discretion, to determine whether and what action to take in response to any violation or potential violation of this Agreement, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint or situation.
13. Links to Third Party Sites
At times, the Platform may contain links to third-party websites, which are not under the control of HabFit. HabFit makes no representations whatsoever about any other website to which you may have access through the Site. When you access another website, you do so at your own risk and acknowledge that FitnessTrainer is not responsible or liable for any content, advertising, services, products, or other materials available from such third-party websites. You also agree that HabFit shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s website. Mention of third-party companies and websites on the Platform is for informational purposes only and does not constitute an endorsement or recommendation.
14. Email Policy
You may receive periodic emails from HabFit. If you would rather not receive an email from HabFit, please send an email to team@habfit.io and you will be unsubscribed from receiving further mailings. You acknowledge and agree, however, that you will still receive subscription and schedule confirmation emails, session and subscription change confirmation emails, subscription and session cancellation confirmation emails, and other emails relating to any sessions and subscription that are booked through the Platform, even if you have opted not to receive periodic email from HabFit.
15. Limitation of Liability
IN NO EVENT SHALL HABFIT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES (INCLUDING INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE SITE, OR ITS CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE PLATFORM FOR SCHEDULING PURPOSES), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY TRAINER OR CLIENT IN CONNECTION WITH THE SERVICES, EVEN IF HABFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Disclaimer of Warranties
HabFit makes no warranty that the Platform will be uninterrupted, timely, secure, or error-free. HabFit makes no warranty as to the accuracy of the information on the Platform.
UNLESS EXPRESSLY STATED OTHERWISE, HABFIT PROVIDES THE CONTENT ON THE SITE “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.
17. Indemnification
You agree to indemnify, defend, and hold harmless HabFit, its officers, directors, employees, agents, affiliates, distributors, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of any breach of this Agreement by you or in connection with your use of the Platform or any service (or product) related thereto.
18. Right to Modify or Change
HabFit reserves the right to modify this Agreement periodically at its sole discretion. When it makes any modification to this Agreement, it will update the date referenced at the end of this page. Your continued use of the Platform constitutes acceptance of the terms and conditions stated at the time of use.
19. Electronic Signature
The Terms of Use Agreement is an electronic contract that governs your use of and access to the Platform and Services. Upon agreeing to the Terms of Use when enrolling for the Instructor Application and Customer Checkout, you acknowledge that you understand and agree to be legally bound by the Terms of Use Agreement and the terms, conditions, and notices contained or referenced herein. The click on “I agree” (or similar button or checkbox) creates an electronic signature that has the same legal force and effect as a handwritten signature.
20. Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.