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Subscribing to the Application & Eligibility
By registering on the sign-up page, subscribing to the Services, or otherwise accessing or using the Services, you have read, understood, and agree to be bound by and comply with the terms and conditions of this EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND, IF APPLICABLE, DELETE IT FROM YOUR DEVICES. Customer subscribes for the Services by selecting them from the options available during Sign-up. In the event of any conflict between this EULA and the information provided during Sign-up, this EULA shall control. Customer must be at least 13 years of age to use the Services. By agreeing to this EULA, you represent and warrant to FITBASIX that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. If you are under 13, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 13, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. Customer agrees not to have or register for more than one account without express written permission from FITBASIX. FITBASIX reserves the right to suspend an account if it is determined that the user has violated these terms of services.
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License Grant & Use of Application
Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
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Register, download, install, and use the Application for your personal, non-commercial use on a single Mobile / Tablet Device or Computer owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation, and
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Access, stream, download, and use on such Mobile Device or Computer the Content and Services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in this Agreement.
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FITBASIX may make the Services available for access via the Internet. Customer shall provide, at Customer’s own expense, all necessary hardware, applications and Internet connectivity necessary to access the Services. Customer acknowledges that the Internet is known to be unpredictable in performance, unsecure and may, from time to time, impede access to the Services or performance hereunder. Customer agrees that FITBASIX is not in any way responsible for any interference with Customer’s use of or access to the Services or security breaches arising from or attributable to the Internet and Customer waives any and all claims against FITBASIX in connection therewith.
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This App, any and all in-app purchases, updates and supplements are only to be used by people who have registered with us. All use also needs to be in accordance with these terms only.
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Although our App is awesome, it has not been developed to meet your every need. The App and any in-App purchases are for general information and entertainment purposes only, so, before starting this or any other fitness program, you should consult your GP or other health care professional to determine if it is right for you. If they advise against it, do not start the fitness program. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately and seek medical advice. The physical activities demonstrated on the App naturally carry certain inherent risks including personal injury. You recognize that you undertake these activities entirely at your own risk.
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We provide the App and the Services for you to track, manage, and plan your fitness activities and to provide you with some great workouts to follow. You’ll appreciate that this App isn’t a substitute for and doesn’t replace professional fitness, health or medical advice, opinions or treatment. We may be many things, but we’re not Doctors and your use of the App doesn’t create a Doctor-Patient relationship between you and FITBASIX! Please always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program.
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You acknowledge that FITBASIX does not provide personal training advice or physical services or function as a personal trainer. To the extent that the App or Services proposes workout routines or physical training intended to be personalized to your fitness goals, you recognize that by doing so, you do this at your own risk.
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There are no quick-fixes. This App is not a substitute for and does not replace professional fitness, heath or medical advice or treatment - sorry! If you have any concerns or questions about your health or your ability to participate, you must consult your GP or health care professional.
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You use the information on the App at your own risk- we aren’t forcing you. Although we make reasonable efforts to update the information provided by the App we make no representations, warranties or guarantees that such information is accurate, complete or up to date.
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You can only download, install and use this App on a device that you own or have permission to use for these purposes. You will be responsible for complying with these terms and for any use that is made of this App on another device, whether or not you own the device and/or if such use is with your knowledge or consent.
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The App should only be downloaded to and installed on a compatible device. Please read the App store / Google store listing for the App before downloading to ensure that your device is compatible.
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It can be a pain sometimes but to make sure the App works, keep updating your device. You must ensure that the operating system on your device is kept updated to the latest version available to you.
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License Restrictions
Licensee shall not:
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copy the Application, except as expressly permitted by this license;
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modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
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reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
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remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
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rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
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remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
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Upon Customer’s request, FITBASIX will issue a Customer ID to Customer. Customer will not allow to share the Customer ID with third parties. Customer is responsible for all activity occurring under its Customer ID. Customer is responsible for all use of the Services by Customer and for maintaining the confidentiality of the Customer ID and will promptly notify FITBASIX of any actual or suspected unauthorized use of the Services. FITBASIX reserves the right to replace the Customer ID if it determines it may have been used for an unauthorized purpose.
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Customer agrees that it will not, and it will not permit any other party Use the Services to generate unsolicited email advertisements or spam; use the Services to stalk, harass or harm another individual; use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders or scripts); except if, and solely to the extent that, such a restriction is impermissible under applicable law, interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; attempt to gain access to secured portions of the Services to which it does not possess access rights; upload or transmit any form of virus, worm, Trojan horse, or other malicious code; use any robot, spider, other automatic device, or manual process to extract, “screen scrape”, monitor, “mine”, or copy any static or dynamic web page on the Services or the content contained on any such web page for commercial use without our prior express written permission; impersonate any person or entity, or otherwise misrepresent its affiliation with a person or entity; mirror or frame the Services or any content, place pop-up windows over its pages, or otherwise affect the display of its pages; or publicly display or publicly perform any part of the Services. Customer may not use the application for any purpose other than a purpose for which the application is expressly designed. If Customer is prohibited under applicable law from using the application, Customer may not use the application.
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In addition to any other suspension or termination rights of FITBASIX pursuant to this EULA, certain circumstances may require FITBASIX to suspend or terminate (where appropriate), as determined in FITBASIX’s discretion, Customer’s access to and/or use of, or otherwise modify, the Services and/or any component thereof, without notice in order to: (i) prevent damages to, or degradation of the integrity of, FITBASIX’s ; (ii) comply with any law, regulation, court order, or other governmental request or order; or (iii) otherwise protect FITBASIX from potential legal liability or harm to its reputation or business. FITBASIX will use commercially reasonable efforts to notify Customer of the reason(s) for such suspension or termination action as soon as reasonably practicable. Nothing contained in this EULA will be construed to limit FITBASIX’s actions or remedies or act as a waiver of FITBASIX’s rights in any way with respect to any of the foregoing activities. FITBASIX will not be responsible for any loss or damages incurred by Customer as a result of any termination or suspension of access to or use of the Services.
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Reservation of Rights
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FITBASIX
FITBASIX expressly reserves all rights in the Application and all other materials provided by FITBASIX hereunder not specifically granted to Customer. It is acknowledged that all right, title and interest in the Application and all other materials provided by FITBASIX hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with FITBASIX (or third-party suppliers, if applicable) and that the Application and all other materials provided by FITBASIX hereunder are licensed on a subscription basis and not “sold” to Customer. FITBASIX reserves the right, in its sole discretion, to change, modify, add, or remove portions of the Services. Certain of the names, logos, trademarks, trade names, service marks, content, visual interfaces, interactive features, information, compilation, computer code, products, services, and other materials displayed under the application (“FITBASIX Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United Arab Emirates, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between Customer and FITBASIX, all FITBASIX Materials, including intellectual property rights therein and thereto, are the sole and exclusive property of FITBASIX or its subsidiaries or affiliated companies and/or its third-party licensors. Customer is not authorized to use, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit adapt, or create derivative works from any such FITBASIX Materials except as expressly authorized hereunder. Customer shall not acquire any right, title, or interest to the FITBASIX Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA, and any goodwill associated therewith shall ensure solely to FITBASIX, or its subsidiaries or affiliated companies and/or its third-party licensors, as applicable. Any use of third-party software or services in connection with the Services will be governed by such third parties’ licenses or terms of service and not by this EULA and may be subject to separate fees, including, without limitation, your mobile network operator’s fees, including fees charged for data usage and overage, which are Customer’s sole responsibility.
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Feedback
In the event that Customer provides FITBASIX any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services (collectively “Feedback”), Customer agrees that FITBASIX may use the Feedback to modify the Services and that Customer will not be due any compensation, including any royalty related to the product or service that incorporates the Feedback. Customer hereby grants FITBASIX a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether Customer provides the Feedback on the Services or through any other method of communication with FITBASIX.
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Collection and Use of Your Information
You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device or Computer and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to this agreement. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with this agreement. “FITBASIX has created a this agreement that describes its collection, use and disclosure practices regarding any personal information that Customer provide to FITBASIX. The security of Customer’s personal information is important to FITBASIX. While there is no such thing as “perfect security” on the Internet, FITBASIX will take reasonable steps to help protect Customer’s personal information. However, Customer understands and agrees that such steps do not guarantee that the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. FITBASIX reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of Customer’s personal information. FITBASIX may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
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User Provided Information
This is information that you give to us by filling in forms on our website or via the downloading or registering the App. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the App and/or Website unless you register with us. When you register with us, use the App and/or Website, subscribe to any service, report a problem, correspond with us by email, the information you provide us may include (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; and; (d) information you enter into our system, such as health and medical history and current information (e) your fitness goals (f) your current fitness tracker.
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Automatically Collected Information
In addition, with regards to each of your visits to our Website or the App we may collect certain information automatically, including, but not limited to technical information such as, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device and/or computer, your operating systems and platform, your browser type, time zone settings, browser plug-in types , and information about the way you use the Application.
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How is my data used?
We use information held about you in the following ways (non-exhaustive list):
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To carry out our obligations and provide you with information, products and services that you request from us;
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To provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
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To customize and enhance your online experience;
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To provide you or permit selected third parties to provide you with information about goods or services we feel may interest you;
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To inform you of changes to our service, news, special offers, promotions, surveys, events;
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To ensure that the content from the App is presented in the most effective manner for you and your computer;
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To support the services offered on the Website or App;
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To conduct research about our customer base and contact you about feedback;
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To process your payments using credit card details;
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To reduce credit risk, detect and protect us against error, fraud and other criminal activity;
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To comply with law, regulatory officials or court orders and/or to enforce our legal rights and remedies
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To keep the App safe and secure;
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To administer the App and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, updates and changes in policy; and
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For any other purposes notified to you on or before the collection or use of such data.
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Disclosure of your personal data:
You agree that we have the right to share your personal information with: Any member of our group (for example any subsidiaries or our ultimate parent holding company), employees, ; Selected third parties including: business partners, suppliers, and sub-contractors acting for or on our behalf for the performance of any contract we enter into with you (including Enhance Trainers), prospective buyers or investors, advertisers and advertising networks that require the data to select and serve relevant adverts to you and others, analytics and search engine providers that assist us in the improvement and optimization of our Website or App, credit reference agencies for the purpose of assessing your credit score, credit card and payment processing companies, lawyers, auditors, professional advisors and investors of Enhance. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply our Terms of Use and other agreements or to protect the rights, property, or safety of Enhance, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. We do not rent, trade or sell your personal information. Recipients of your personal data may be located outside of the United Arab Emirates. You agree that we may transfer your personal data outside of the United Arab Emirates as long as the data is handled in accordance with this Privacy Policy and applicable laws.
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Consent
This agreement applies to the App you are currently viewing. By using the App (i) you agree irrevocably and without condition to this agreement terms, and (ii) you consent to your personal information being collected, used and disclosed as set out in this agreement. You consent to us posting and using any photographs, content and/or personal information you might upload on the App or have otherwise provided consent to publish on the App, blog, in our marketing material or social media channels, which we may use in order to provide information on our services and/or products, the marketing of our services and/or products or for the purpose of our functions and/or activities.
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Purpose
We collect your personal information to enable you to receive the benefit of the App and services and/or products. Subject to this agreement, we may use your personal information for the following purposes:
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to carry out our obligations and to provide you with agreed services and/or products;
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to establish, maintain and administer your account;
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to send you service and/or product or promotional communications and marketing material that is relevant to you to promote and market our services and/or products and the App and those of third parties (including any social media pages maintained or operated by us such as Facebook, Instagram, Snapchat, Twitter, YouTube);
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to notify you about changes to our services and/or products;
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quality assurance and training;
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improving our products and services, including site customization;
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to verify your identity or location, and make security checks, in relation to a purchase;
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to access third-party development platforms or add-on keys;
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market research and analysis;
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to promote and market our services and/or products (including via any social media pages maintained or operated by us such as Facebook, Instagram, Snapchat, Twitter, YouTube, Twitch, and Mixer);
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internal record-keeping to facilitate any other Purpose;
any other uses identified to you at the time of collecting your personal information or as reasonably contemplated by this agreement
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Accessing your personal data
To the extent required by law, you may review, edit, correct or delete any personal information you submit to us. On request we will, as soon as reasonably possible, provide you with:
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personal data about you that is in our possession or under our control; and
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information about the ways in which the personal data referred to in paragraph above (Disclosure of your personal information) has been or may have been used or disclosed by us during the year preceding the date of the request.
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If you are subject to protection under EU law (including all residents in the EU), you may be entitled to further rights.
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We reserve the right not to provide you with your personal data or other related information if providing it could reasonably be expected to:
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threaten the safety or physical or mental health of another individual
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cause immediate or grave harm to your safety, physical or mental health
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reveal personal data about another individual
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reveal the identity of an individual who has provided personal data about another individual and the individual providing the personal data does not consent to the disclosure of his identity
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be contrary to the national interest.
If you wish to access the personal information we hold about you, you should contact us on [info@fitbasix.com] as described above and we will respond to your request within a reasonable period after the request is made. If we deny you access, we will provide our reason for doing so at the time of your request. While we do not charge a fee for a request for accessing your personal information, we may charge a reasonable fee (which will be notified to you once you make a request) for time and cost in the following circumstances:
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if an extended amount of time is required to collate and prepare material for you; and
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if you wish to have your files photocopied for you.
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Accuracy
We take reasonable steps to ensure that the personal information we hold about you is accurate, complete and up-to-date. However, we primarily rely on you to advise us of any changes to your personal information. By accepting this agreement, you hereby undertake to use all reasonable endeavors to provide corrections and updates of your personal data in a timely manner.
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Retention of personal data
We will use all reasonable endeavors to cease to retain its documents containing personal data or remove the means by which the personal data can be associated with particular individuals, as soon as it is reasonable to assume that the Purpose for which that personal data was collected is no longer being served by retention of the personal data, or retention is no longer necessary for legal or business purposes.
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Security
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. Enhance does not warrant or guarantee in any way that your personal data will always remain private or safe. Enhance disclaims any responsibility or liability arising out of or in connection with loss or unauthorized use, access or disclosure of any personal data held by us.
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Use of cookies
The Website and/or App may use cookie technology to distinguish you for other users of our website or App. A cookie is a small text file that is placed on a computer or other device and is used to identify the user or device and to collect information. This helps us to provide you with a good experience when you browse our Website and App and allows us to improve our website. The cookies are not used to get data from your hard drive, your email or any other identifiable data. This Website and/or App uses software provided by Google Analytics which uses cookies to track analytics. You can read Google’s privacy policy here: http://www.google.com/privacy.html If you wish to deny the use of and saving of cookies from the Website onto your computer, you should take the necessary steps in your browser settings. You always have the choice of accepting, rejecting or deleting cookies. If you choose to change your settings, you may find that certain functions and features will not work as intended.
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What are my opt-out rights?
You can stop all collection of information by the App easily by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out or delete your account via email, at info@fitbasix.com
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Data retention policy, managing your information
We will retain User Provided Information for as long as you use the App and/or Website and for a reasonable time thereafter. If you’d like us to delete User Provided Information that you have provided via the App and/or Website, please contact us at info@fitbasix.com and we will respond in a reasonable time. Please note that some or all of the User Provided Information may be required in order for the Website and/or App to function properly. If you wish to correct or update your personal data, you may do so at any time by accessing your account settings through the Website and/or App.
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Children
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If you are under 13, please do not use this Website or App or attempt to send us any personal data about yourself. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at info@fitbasix.com. We will delete such information from our files within a reasonable time.
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Linked sites
Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before submitting any personal data to these websites.
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Your consent
By using the Application, you are consenting to our processing of your information as set forth in this agreement now and as amended by us. “Processing,” means using cookies on a computer/handheld device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information. If you do not consent to the terms of this agreement, please do not access this Website, App or provide Enhance with your Personal Data
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Changes
This agreement may be updated from time to time for any reason. We will notify you of any changes to our agreement by posting the new agreement here and informing you via email or text message. You are advised to consult this agreement regularly for any changes, as continued use is deemed approval of all changes.
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Governing law
This agreement is governed by and construed in accordance with laws of the United Arab Emirates as applicable in the Emirate of Dubai. We both agree that the courts of UAE shall have exclusive jurisdiction.
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Contact us
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us on info@fitbasix.com.
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Content and Services
The Application may provide you with access to Company's website located at www.fitbasix.com (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by this agreement. Your access to and use of such Content and Services may require you to acknowledge your acceptance of this agreement and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
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Content Restrictions
You may not submit any content that:
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Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
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Is sexually explicit or promotes a sexual service;
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Is defamatory;
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Is harassing or abusive;
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Contains hateful or discriminatory speech;
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Promotes or supports terror or hate groups;
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Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
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Exploits or endangers minors;
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Depicts or encourages self-harm or suicide;
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Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
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Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
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Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
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Contains false or misleading information about voting;
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Contains (1) claims that a real-world tragedy did not occur; (2) false claims that a violent crime or catastrophe has occurred; or (3) false or misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or
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Violates any applicable law.
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Code of Conduct
In using our Services, you may not:
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Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
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Act in a deceptive manner or impersonate any person or organization;
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Harass or stalk any person;
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Harm or exploit minors;
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Distribute “spam” in any form or use misleading metadata;
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Collect personal information about others without their authorization;
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Access another’s account except as permitted herein;
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Use or export any of our services in violation of any U.S. law;
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Engage in any unlawful activity;
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Embed our video player on or provide links to sites that contain content prohibited in this agreement; or
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Cause or encourage others to do any of the above.
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Your Video Content
By submitting a video, you grant FITBASIX permission to:
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Stream the video to end users;
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Embed the video on third-party websites;
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Distribute the video via our APIs;
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Make the video available for download;
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Transcode the video (create compressed versions of your video file that are optimized for streaming);
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Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one);
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Automatically generate and display closed captions or subtitles from your video; and
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Alter or enhance your video as directed by you.
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If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this agreement, your video includes its title, description, tags, and other metadata.
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The license period begins when you submit the video to FITBASIX and ends when you or FITBASIX delete it; provided that FITBASIX may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when FITBASIX in good faith believes that it is legally obligated to do so.
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Geographic Restrictions
The Content and Services are based in the United Arab Emirates and provided for access and use only by persons located in the United Arab Emirates. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United Arab Emirates and that access there to may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United Arab Emirates, you are responsible for compliance with local laws.
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Updates
Company may from time to time in its sole discretion develop and provide mobile Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
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the Application will automatically download and install all available Updates; or
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you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
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Third-Party Materials
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
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Community Guidelines
The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the UAE, and acts as a distribution platform for original content creators and advertisers large and small. We want FITBASIX to continue to be an authentic and safe place for inspiration and expression. Help us foster this community. Post only your own photos and videos and always follow the law. Respect everyone on FITBASIX, don’t spam people or post nudity. We created the Community Guidelines so you can help us foster and protect this amazing community. By using FITBASIX, you agree to these guidelines and our Terms of Use. We’re committed to these guidelines and we hope you are too. Overstepping these boundaries may result in deleted content, disabled accounts, or other restrictions. In some cases, we allow content for public awareness which would otherwise go against our Community Guidelines – if it is newsworthy and in the public interest. We do this only after weighing the public interest value against the risk of harm and we look to international human rights standards to make these judgments.
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Share only photos and videos that you’ve taken or have the right to share
As always, you own the content you post on FITBASIX. Remember to post authentic content, and don’t post anything you’ve copied or collected from the Internet or any other sources that you don’t have the right to post.
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Post photos and videos that are appropriate for a diverse audience
We know that there are times when people might want to share nude images that are artistic or creative in nature, but for a variety of reasons, we don’t allow nudity on FITBASIX. This includes photos, videos, and some digitally created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks. It also includes some photos of female nipples, but photos in the context of breastfeeding, birth giving and after-birth moments, health-related situations (for example, post-mastectomy, breast cancer awareness or gender confirmation surgery) or an act of protest are allowed. Nudity in photos of paintings and sculptures is OK, too.
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Foster meaningful and genuine interactions
Help us stay spam-free by not artificially collecting likes, followers, or shares, posting repetitive comments or content, or repeatedly contacting people for commercial purposes without their consent. Don’t offer money or giveaways of money in exchange for likes, followers, comments or other engagement. Don’t post content that engages in, promotes, encourages, facilitates, or admits to the offering, solicitation or trade of fake and misleading user reviews or ratings.
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Follow the law
FITBASIX is not a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products between private individuals, and buying or selling non-medical or pharmaceutical drugs are also not allowed. We also remove content that attempts to trade, co-ordinate the trade of, donate, gift, or ask for non-medical drugs, as well as content that either admits to personal use (unless in the recovery context) or coordinates or promotes the use of non-medical drugs. FITBASIX also prohibits the sale of live animals between private individuals, though brick-and-mortar stores may offer these sales. No one may coordinate poaching or selling of endangered species or their parts. We have zero tolerance when it comes to sharing sexual content involving minors or threatening to post intimate images of others.
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Respect other members of the FITBASIX community
We want to foster a positive, diverse community. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages. We do generally allow stronger conversation around people who are featured in the news or have a large public audience due to their profession or chosen activities. It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. When hate speech is being shared to challenge it or to raise awareness, we may allow it. In those instances, we ask that you express your intent clearly. Serious threats of harm to public and personal safety aren't allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible.
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Be thoughtful when posting newsworthy events
We understand that many people use FITBASIX to share important and newsworthy events. Some of these issues can involve graphic images. Because so many different people and age groups use FITBASIX, we may remove videos of intense, graphic violence to make sure FITBASIX stays appropriate for everyone. We understand that people often share this kind of content to condemn, raise awareness or educate. If you do share content for these reasons, we encourage you to caption your photo with a warning about graphic violence. Sharing graphic images for sadistic pleasure or to glorify violence is never allowed.
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Help us keep the community strong
Each of us is an important part of the FITBASIX community. If you see something that you think may violate our guidelines, please help us by using our built-in reporting option. We have a global team that reviews these reports and works as quickly as possible to remove content that doesn’t meet our guidelines. Even if you or someone you know doesn’t have an FITBASIX account, you can still file a report. When you complete the report, try to provide as much information as possible, such as links, usernames, and descriptions of the content, so we can find and review it quickly. We may remove entire posts if either the imagery or associated captions violate our guidelines. You may find content you don’t like but doesn’t violate the Community Guidelines. If that happens, you can unfollow or block the person who posted it. If there's something you don't like in a comment on one of your posts, you can delete that comment. Many disputes and misunderstandings can be resolved directly between members of the community. If one of your photos or videos was posted by someone else, you could try commenting on the post and asking the person to take it down. If that doesn’t work, you can file a copyright report. If you believe someone is violating your trademark, you can file a trademark report. Don't target the person who posted it by posting screenshots and drawing attention to the situation because that may be classified as harassment.
We may work with law enforcement, including when we believe that there’s risk of physical harm or threat to public safety.
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Term and Termination
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The term of Agreement commences when you download or register for the Application and will continue in effect until terminated by you or Company as set forth in this agreement.
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You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device and Computer, and by deleting your user account. You may seek assistance in terminating this agreement by contacting info@fitbasix.com.
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Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
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Upon termination:
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all rights granted to you under this Agreement will also terminate; and
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you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
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Termination will not limit any of Company's rights or remedies at law or in equity.
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Disclaimer of Warranties
THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
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Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
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PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
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DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
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Indemnification
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
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Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement, is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
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Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the United Arab Emirates without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United Arab Emirates. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN THREE (3) MONTH AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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Entire Agreement
This Agreement constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
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Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
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Customer Support
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Technical Support
During the Term for the applicable Services, and for so long as Customer is current with its payment of all applicable fees, FITBASIX will use commercially reasonable efforts to provide Customer with technical support services relating to the Services via its technical support website, email, or telephone.
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Web Support
Web support shall not include any tax or other professional or expert advice of any kind, including, but not limited to any advice regarding the appropriate handling of tax and accounting issues, or otherwise.
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Service Upgrades and Scheduled Downtime
FITBASIX may update the Services in its sole discretion. FITBASIX may from time-to-time schedule downtime for maintenance and upgrades.
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Call Monitoring
FITBASIX may monitor and record support-related and other outbound calls to Customer, as well as inbound calls to FITBASIX by Customer or Customer’s representatives, for compliance, support, training and other purposes. Customer acknowledges and agrees that FITBASIX may record any call between Customer and FITBASIX relating to the Application support, and agrees to (i) calls with FITBASIX may be monitored and (ii) indemnify and hold harmless FITBASIX from any claim arising as a result of FITBASIX’s monitoring or recording of calls between FITBASIX and customer.
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Fees & Payment
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Fees
Access to the Services may require Customer to pay fees. Before Customer pays any fees, Customer will have an opportunity to review and accept the fees that Customer will be charged. All fees are in UAE Dirhams and are, except as described in this agreement, non-refundable. If FITBASIX changes the fees for the Services, including by adding additional fees or charges, FITBASIX will provide Customer advance notice of those changes. If Customer does not accept the changes, FITBASIX may discontinue providing the Services to Customer. FITBASIX will charge the payment method Customer specifies at the time of purchase. Customer authorizes FITBASIX to charge all sums for the Services Customer selects, to that payment method. If Customer pays any fees with a credit card, FITBASIX may seek pre-authorization of Customer’s credit card account prior to Customer’s purchase to verify that the credit card is valid and has the necessary funds or credit available to cover Customer’s purchase.
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Automatic Credit Card Payments
The Services may include functionality for activating, updating, or canceling recurring payments for periodic charges. If Customer activates or updates recurring payments through the Service, Customer authorizes FITBASIX to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or Customer’s account, all accrued sums on or before the payment due date for the accrued sums. If Customer uses the Service to updates or cancels any existing authorized one-time or recurring payment, it may take up to 10 business days for the update or cancellation to take effect.
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Certain Taxes
Fees quoted do not include and Customer shall pay, indemnify and hold FITBASIX harmless from all sales, use, gross receipts, value-added, personal property or other taxes, and all applicable duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transaction contemplated herein, other than taxes based on the net income or profits of FITBASIX.
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Refunds
In the event of termination of the Services for any reason except for Customer’s breach, FITBASIX may provide Customer with a refund of any pre-paid, but unused fees related to such Services, subject to the following: (i) no refund shall be paid for the current month’s services, regardless of the day on which Customer cancels the Services; (ii) FITBASIX will retain and not be obligated to refund any prepaid fees up to and including the amount of fees Customer would have been required under this EULA to pay for Customer’s use of the Services for the two month period following the effective date of the termination of the Services. Customer is not entitled to any refund for FITBASIX’s termination of the Services based upon Customer’s breach If Customer purchased access to the Services at a discounted price, any refund will lose the benefit of that discount.
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