1. Acceptance of Terms
Fitcrony Inc. ("Fitcrony") is the owner and operator of the website at www.fitcrony.com/ (the "Website") By accessing, using, or downloading any materials of services from the Website, you agree to comply with and be bound by these Terms of Use ("Terms"). If you do not agree with these Terms, please do not use the Website.
The services provided by Fitcrony, include, but are not limited to fitness tracking, scheduling, and other related services (collectively, "Services").
2. Use
Subject to these Terms, Fitcrony grants the User a non-exclusive, non-transferable right to access and use the Services for personal or internal business purposes.
3. Your Account
To use the services available on the Website, you must complete the membership registration via the Website. You may be required to provide information including but not limited to:
a) Email address;
b) Preferred username;
c) Mailing address;
d) Telephone number; and
e) Password.
Users must:
a) Maintain and promptly update your personal information to keep it accurate and current.
b) You warrant that any information you give to Fitcrony while completing the registration process will always be accurate, correct, and up to date.
c) Upon completion of the registration process and acceptance by Fitcrony, you will be a registered member of the Software ('Member').
d) You must not be a person barred from receiving the Services under the laws of Australia or other countries including the country in which you is incorporated or resident or from which you use the Services.
e) You must use the Services only for purposes that are permitted by:
i. These Terms; and
ii. Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
f) be solely responsible for the content they upload and ensure it doesn’t infringe on any third-party copyrights, trademarks, or other intellectual property rights.
Users must not:
a) Post any prohibited content, which includes:
a. Content that infringes on third-party copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
b. Any content that defames, abuses, harasses, stalks, or threatens others.
c. Content that is obscene, indecent, or contains pornography.
d. Content that promotes discrimination, hatred, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other attributes.
e. Content that depicts or promotes violence, abuse, or any kind of physical harm against individuals or animals.
f. Content that promotes or facilitates illegal activities, including but not limited to drug trafficking, human trafficking, or any form of criminal activity.
g. Content that is false, misleading, or promotes false information.
h. Content that contains viruses, malware, spyware, or any other form of malicious code intended to harm or disrupt other users' software or hardware.
i. Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
j. Content that violates the privacy rights of others, including disclosing personal or sensitive information without consent.
b) modify the Software or merge any aspect of the Software with another programme other than as expressly provided under these Terms;
c) record, reverse engineer, copy, duplicate, reproduce, create derivate works from, frame, download, display, transmit or distribute any of the Software, the source code of the Software or any documents, manuals or setup instructions provided with the Software or in relation to the Services;
d) licence, sell, rent, lease, transfer, assign or otherwise commercially exploit the Software or the Services;
e) engage in unlawful behaviour, including unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
f) access, store, distribute or transmit:
g) viruses, worm, trojan or other malicious code that corrupts, degrades or disrupts the operation of the Software;
h) material that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party;
i) material that facilitates illegal activity; or
▪ material that abuses or causes damage or injury to any person or property;
▪ provide Software login details or passwords, or otherwise provide access to the Software, to any unauthorised third party and you will take all reasonable steps to prevent unauthorised access to, or use of, the Software;
▪ share any features of the Software that are not publicly available with any unauthorised third party; and
▪ engage in any conduct on the Software that is in breach of these Terms (or any agreements mentioned therein).
j) In the event you provide any information that is inaccurate or not current, or Fitcrony has reasonable grounds to suspect that such information is inaccurate or not current, Fitcrony has the right to suspend or terminate your account and refuse any and all current or future use of the Website.
4. Our Services to you
a) All Services will be provided based on the information and specifications supplied by you. All information that Fitcrony provides is supplied in good faith, but it does not warrant or guarantee the accuracy or completeness of any information provided by any third party. It is not within the scope of the Fitcrony’s obligations to enquire as to, or to verify, the accuracy or completeness of information that it receives from you or any third parties.
b) Fitcrony is not obliged to provide any services that are not described in these Terms.
c) Fitcrony will use reasonable endeavours to provide the Services promptly or by any applicable Delivery Date or such other dates as agreed by the parties in writing. However, any Delivery Date or time quoted for delivery, commencement or completion of any part of the Services is an estimate only and time will not be of the essence.
5. Security and Privacy
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Website. You accept responsibility for all activities that occur under your account or from your computer.
We endeavour to use reasonable security measures to protect against unauthorized access to your account. However, we cannot guarantee absolute security of your account, your content, or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Website or its contents.
You agree to immediately notify Fitcrony of any unauthorized use of your account or password or any other breach of security.
You acknowledge that Fitcrony may or may not pre-screen or monitor Content but that Fitcrony and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse, or remove any Content that is available via the Website. Without limiting the foregoing, Fitcrony and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content available in connection with the Website, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. Copyright and Intellectual Property
The Website, Software, and all of Fitcrony’s related products and Services are subject to copyright.
The Software, including the Website and App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Software, Website, and App, including but not limited to their composition, compilation, designs, images, audio, video, text, and source code are owned or licensed by Fitcrony.
All Fitcrony’s trademarks and trading names are owned by Fitcrony who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you is a Member to:
a) use the Software via the Website or App pursuant to these Terms;
b) copy and store the material contained on the Website or App in the cache memory of you’s or Client Personnel’s devices for the purposes of facilitating access to the Website or App via the devices; and
c) print pages from the Website or App for you own personal and non-commercial use.
All rights, title or interest in and to the Software and any information or technology that may be provided to, or accessed by, you in connection with you’s use of the Software or Services is owned, and will remain owned, by Fitcrony or its licensors (“Provider IP”). Using the Software or the Services does not transfer:
a) any ownership or rights, title or interest in and to the Provider IP.
b) any business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright;
c) a right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or
d) a thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process).
All Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Software or the provision of any Services will automatically vest in, and are assigned to, Fitcrony, including any enhancements, improvements and modifications to the Provider IP (collectively, the “Developed IP”).
You must not, without Fitcrony’s prior written permission and the permission of any other relevant rights owners: broadcast, republish, up-load to a third-party, transmit, post, distribute, show or play in public, adapt or change in any way, the Software, Website, App, or result of Services for any purpose, unless otherwise provided by these Terms.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with the Website are the sole responsibility of the person from whom such Content originated. This means that you, and not Fitcrony, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Website. Fitcrony does not control or monitor the Content posted to the Website by others and, as such, does not guarantee the accuracy, integrity, or quality of such Content.
You understand that by using the Website, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Fitcrony be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available on the Website.
You agree to not use the Website to:
● Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
● Harm minors in any way.
● Impersonate any person or entity, including, but not limited to, a Fitcrony official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
● Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
● Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
● Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
● Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
● Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
● Intentionally or unintentionally violate any applicable local, state, national, or international law.
● Access (or attempt to access) the Website or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper).
● Forge or manipulate identifiers to disguise the origin of any access (or attempted access) to the Website.
7. Content restrictions
Fitcrony may provide opportunities for a User, staff, employees, contractors, consultants, advisors, independent coaches or trainers, and End Users to upload or post original fitness, wellness and health related text photographs, videos, contact and location information, communications, or other content on the Service.
Users do not transfer ownership of User Content simply by posting or uploading it.
You acknowledge and agree that any User Content posted on the Service may be seen and used by others, and is available to the public. You understand that by posting User Content you have no expectation of privacy for such User Content.
If you choose to make any of your personal information or other user content publicly available on or through the services, you do so at your own risk.
8. Payment Terms
You agree to pay the subscription fees ("Charges") associated with your chosen plan. The Charges, exclusive of GST and will be clearly listed as Australian Dollars or United States Dollars (USD) and are detailed on the Website and may be subject to change with prior notice. All Charges will be paid via direct debit or using a third-party payment processing platform, for example, Stripe. By providing your bank account details, you authorize Fitcrony to debit the Charges from your nominated account on a monthly or yearly basis, depending on your subscription plan, starting from the date of registration.
No Refunds: All Subscription Fees are noncancelable and non-refundable for the entire Term. There will be no refunds or credits for partial use of the Services, upgrade/downgrade refunds, nor refunds for months unused with an active account. You are responsible for all Fees of any Renewals relating to your account until such time as your account or these Terms are terminated as specified herein.
Automatic Renewal: Your subscription will automatically renew for the same period (monthly or yearly) unless you cancel your subscription before the renewal date.
Cancellation Policy: If you cancel your subscription during a month-to-month plan, there will be no partial refunds for the remaining days of the month. For yearly subscriptions, cancellation can be done before the renewal date to avoid being charged for the next year.
If a direct debit payment fails, you must ensure that sufficient funds are available and promptly make the payment to avoid disruption of Services. Fitcrony reserves the right to suspend or terminate your access to the Services if you fail to pay the Charges.
9. Use of Artificial Intelligence
By using Fitcrony’s Services, you consent to the use of artificial intelligence (AI) to design and personalize your workouts. Fitcrony uses AI technology to analyze your data and preferences to create customized workout plans tailored to your individual needs and goals.
10. Indemnity
You agree to indemnify and hold Fitcrony, Fitcrony’s Related Bodies Corporate and Fitcrony’s officers, directors, employees and contractors (collectively, the “Indemnified”) harmless from and against any and all claims, actions, demands, proceedings, liabilities, losses, damages, expenses and costs that may be brought against the Indemnified or which the Indemnified must pay, sustain or incur as a direct or indirect result of or arising out of:
(a) breach by you of any of your obligations under the Agreement;
(b) loss of, or damage to, any property belonging to you or any third party or any personal injury or death arising out of or in connection with these Terms;
(c) breach of any third party’s Intellectual Property Rights; or
(d) breach by you of any law (including Privacy Laws).
11. Third Party Links
The Site may provide, or third parties may provide, links to other Internet sites or resources. Because Fitcrony has no control over such sites and resources, you acknowledge and agree that Fitcrony is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
Please carefully review our IT Infringement Policy. We reserve the right to revoke User licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
12. Confidentiality
Both parties agree to keep confidential all information pertaining to each other, including business, operational, marketing, sales, financial, and legal information, personal information as defined by the Privacy Act 1988 (Cth), and any information marked as confidential or that ought to be treated as confidential. This obligation does not apply to information that is publicly available through no fault of the receiving party.
13. Privacy and Information Security
Fitcrony's Privacy Policy describes how personal and client data is collected, used, transferred, disclosed, and stored. You must comply with all applicable privacy laws and assist Fitcrony in complying with its obligations under these laws. Fitcrony will maintain industry-standard technical and organizational measures to ensure the security of the Service and Client Material.
Fitcrony’s policy is to not accept, review, or consider unsolicited ideas, original creative artwork, suggestions, improvements, feature requests or other communications (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names) (collectively, “Feedback”).
Any Feedback that is offered or communicated to Fitcrony is voluntary and shall be the property of Fitcrony without any compensation to the User. Feedback will not be considered confidential information. If You choose to give us Feedback, Fitcrony reserves the right to reproduce, use, disclose, distribute, or otherwise act on such Feedback without any obligation to the User.
14. Liability and Exclusions
Fitcrony's total liability to you or any third party arising out of or in connection with these Terms will be limited to the total Charges paid by you in the 12 months immediately prior to the event. Fitcrony will not be liable for any indirect, incidental, special, consequential, or punitive damages, loss of profits, revenue, goodwill, business interruption, data loss, or any other intangible losses.
15. Termination
You may terminate these Terms by not renewing the Subscription prior to the end of the Minimum Commitment.
On termination of these Terms for any reason, Fitcrony will be entitled to immediate payment for all Charges properly incurred up to the date of termination and during any applicable notice period, including any Minimum Commitment.
16. General
The provisions of these Terms that are capable of having effect after the termination or expiry of these Terms will remain in full force and effect following the termination or expiry of these Terms.
If either party chooses to waive or ignore a breach of the Agreement, this will not prevent that party from taking action in respect of the same type of breach at a future date.
Nothing in these Terms is intended to create or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in these Terms. Neither Fitcrony nor you will have, nor represent that it has, any authority to make any commitments of this kind on the other party's behalf.
These Terms, and the relationship between the parties contemplated by it, is not intended to be exclusive.
If any provision of these Terms is held invalid or unenforceable, such provision will be deemed deleted from these Terms and replaced by a valid and enforceable provision which so far as possible achieves the parties' intent in agreeing to the original provision. The remaining provisions of these Terms will continue in full force and effect.
These Terms constitute the entire agreement between the parties in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.
IP Infringement Policy
Fitcrony maintains a strict IP Infringement Policy to protect the intellectual property rights of others. Any user found to be infringing on these rights will be promptly removed from the platform. The steps and guidelines for handling IP infringement claims are as follows:
1. Notice of Infringement:
• If you believe that any content available on the Fitcrony platform infringes your intellectual property rights, you may send a written notice to us. Your notice must include:
o A description of the copyrighted work or other intellectual property that you claim has been infringed.
o A description of where the allegedly infringing material is located on the Fitcrony platform.
o Your address, telephone number, and email address.
o A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
o A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on the owner's behalf.
o Your electronic or physical signature.
2. Response to Notice:
• Upon receipt of a valid notice, Fitcrony will:
o Promptly remove or disable access to the allegedly infringing material.
o Notify the user who posted the material that the content has been removed or disabled and that they are at risk of being removed from the platform.
3. Counter-Notice by User:
• If the user believes that the content was removed or disabled by mistake or misidentification, they may submit a written counter-notice to info@fitcrony.com. The counter-notice must include:
o A description of the material that was removed or disabled and the location where it previously appeared.
o A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
o The user's name, address, telephone number, and email address.
o A statement that the user consents to the jurisdiction of the Federal Court of Australia for their district, or if the user's address is outside of Australia, for any judicial district in which Fitcrony may be found, and that the user will accept service of process from the person who provided the original infringement notice or an agent of such person.
o The user's electronic or physical signature.
4. Reinstatement of Material:
• If a valid counter-notice is received, Fitcrony will:
o Promptly provide the original complainant with a copy of the counter-notice.
o Inform the original complainant that the removed material will be reinstated within 10 business days unless Fitcrony receives notice from the original complainant that they have filed a court action seeking to restrain the user from engaging in the allegedly infringing activity.
5. Removal from Platform:
• Users who are found to be infringing intellectual property rights, either through valid notice or repeated violations, will be permanently removed from the Fitcrony platform.
6. Good Faith Requirement:
• All notices of intellectual property infringement and counter-notices must be made in good faith. Fitcrony may suspend or terminate accounts found to be abusing this policy.
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