Welcome to XFit Pro. These Terms of Use (“Terms”) govern your access to and use of the XFit Pro mobile application (the “App”) and any related services (collectively, the “Service”) provided by XFit Pro, Inc. (“we,” “us,” or “our”). By downloading, installing, registering for, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use or access the Service.
1. Acceptance of Terms
By using XFit Pro, you affirm that you are at least 14 years old and capable of entering into a legal contract. If you are under 14, you must obtain parental or guardian consent to use the Service. These Terms constitute a legally binding agreement between you and XFit Pro, Inc. regarding your use of the Service.
2. Changes to Terms
We reserve the right to modify, update, or replace these Terms at any time in our sole discretion. When changes are made, we will update the “Last updated” date at the top of this page and, if the changes are material, notify you via email or in-app notification. Your continued use of the Service after such modifications constitute your acceptance of the revised Terms. It is your responsibility to review these Terms regularly.
3. Use of the Service
3.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your mobile device solely for personal, non-commercial purposes.
3.2 Restrictions
- You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the App.
- You may not use the Service for any illegal or unauthorized purpose, including violating any intellectual property rights or privacy laws.
- You agree not to interfere with or disrupt the integrity or performance of the Service or to attempt to gain unauthorized access to the Service or its related systems.
3.3 Updates
We may provide updates, upgrades, or modifications to the App. You agree to promptly download and install any updates to continue using the Service. We reserve the right to discontinue or suspend any version of the App at any time.
4. Account Registration
To access certain features of the Service, you must register for an account. When you register, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use or suspected breach of your account.
5. Subscription and Billing
5.1 Free Trial
New users are eligible for a one-time, 7-day free trial period. No credit card is required to initiate the trial. After the trial period ends, you will need to subscribe to a paid plan to continue using the premium features of XFit Pro.
5.2 Paid Subscriptions
By subscribing, you authorize us to charge your chosen payment method for the subscription fees in accordance with the billing cycle selected (monthly or annual). All payments are processed through our third-party, PCI-compliant payment processor (e.g., Stripe, Apple Pay, Google Pay). You agree to provide accurate billing information and to promptly update any changes.
5.3 Cancellation and Refunds
- You may cancel your subscription at any time through the account settings in the App or through the app store (iOS/Android) from which you subscribed.
- Cancellations will take effect at the end of the current billing period. We do not provide prorated refunds for partial months or years remaining in a subscription period.
- Any promotional offers, including discounted rates or free trial periods, are subject to additional terms and may not be combined with other offers.
6. User Conduct
When using the Service, you agree not to:
- Post, upload, or transmit any content that is unlawful, defamatory, abusive, harassing, obscene, or otherwise objectionable.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Collect or store personal data about other users without their consent.
- Use the Service to infringe on the intellectual property or privacy rights of others.
- Engage in any automated or fraudulent activities, including the use of bots or scripts to access the Service.
We reserve the right to remove any content that violates these Terms and to terminate or suspend your account without notice if you breach these provisions.
7. Intellectual Property
All content available through the Service, including but not limited to text, graphics, logos, images, audio, video, and software, is the property of XFit Pro, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted no ownership rights by using the Service. You may not use, copy, reproduce, distribute, or create derivative works from any content unless expressly authorized by us.
8. Termination
We may, in our sole discretion, suspend or terminate your access to the Service (or any part thereof) at any time and for any reason, including but not limited to a violation of these Terms. Upon termination:
- Your right to use the Service will immediately cease.
- We may delete or deactivate your account and all related information and files in your account.
- Provisions that by their nature should survive termination (e.g., intellectual property, disclaimers, limitations of liability, governing law) shall remain in effect.
9. Disclaimers
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, XFit Pro, Inc. disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that:
- The Service will meet your requirements or expectations;
- The Service will be uninterrupted, secure, timely, or error-free;
- The quality of any content or information obtained through the Service will be accurate or reliable.
You assume all risk arising out of your use of the Service, including any reliance on the accuracy, completeness, or usefulness of any information provided.
10. Limitation of Liability
To the maximum extent permitted by applicable law, XFit Pro, Inc. and its officers, directors, employees, agents, affiliates, and successors shall not be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of (or inability to use) the Service, including but not limited to:
- Lost profits, revenue, data, or business opportunities;
- Loss or corruption of data;
- Unauthorised access to or alteration of your transmissions or data;
- Any other matter beyond our reasonable control.
In no event shall our total aggregate liability for all claims related to the Service exceed the amount you paid, if any, for accessing the Service during the six (6) months immediately preceding the event giving rise to the claim.
11. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, for the resolution of any disputes arising out of or related to these Terms or the Service.
12. Contact Information
If you have any questions, concerns, or requests regarding these Terms of Use, please contact us:
- Email: [email protected]
We strive to respond to all inquiries within 48 business hours.