TERMS AND CONDITIONS

Welcome to FitneX!

FitneX is owned and operated by FitneX LTD.

These are the terms and conditions for:

• FitneX mobile application (Available on Google Play and App Store).

• https://www.fitnex.life

By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refers to the FitneX mobile application and the FitneX website together, "we", "us", "our" and "FitneX" refers to FitneX LTD and "you" and "user" refers to you, the FitneX user. Users are divided into two categories "Individual Business” and “General Users”.

The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of FitneX accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THE FUNCTIONALITIES AVAILABLE ON THE PLATFORM.

1. ACCEPTANCE OF TERMS

By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modification of these terms and conditions when you use FitneX after the posting of such modification; therefore, it is important that you review this agreement regularly.

By downloading and using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. AGE RESTRICTIONS

Access to and use of the platform and services is limited exclusively to users who have reached the age of majority, defined as 18 years of age or older. When registering on FitneX, users must confirm that they meet this minimum age requirement. Any account created by a user under the age of 18 will be suspended or deleted. It is the user's responsibility to ensure that they meet this condition. Failure to comply with this clause may result in immediate termination of access to the platform.

3. NOTIFICATIONS

By providing your email address to FitneX, you agree that we may use your email address to send you notifications and other messages, such as changes to platform functionality, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option in the emails. Unsubscribing may prevent you from receiving notifications and emails about updates, news or special content related to FitneX.

4. INDIVIDUAL BUSINESSES 

4.1. Registration and User Account

When registering with FitneX, Individual Businesses must provide accurate and up-to-date information, including business name, address, contact information and details of the service offered. In addition, bank details are required for transaction management. The creation of an Individual Business account allows you to publish services, manage bookings, receive payments and access analytical and statistical tools offered by the platform.

Individual Businesses are responsible for the confidentiality of their account and password, as well as for all activities carried out under their account. They are expected to comply with all applicable laws and regulations in the provision of their services and to use the platform in an ethical and professional manner. Information about their services must be accurate and not misleading.

FitneX reserves the right to verify the information provided by Individual Businesses and to reject or cancel accounts that do not meet our standards of quality and accuracy. We are committed to protect the personal and banking data of the Individual Businesses, using them only for the purposes of operation and management of the platform, under strict security standards.

FitneX reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if FitneX believes that you have violated any of these terms or have provided FitneX with false or misleading information.

Individual Businesses may share personal and business information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Individual Businesses are free to share information, but are responsible for the use of such information, its publication and disclosure. FitneX is not responsible for the information posted and shared through the platform. The information you provide and post through the platform may be visible to the general public.

Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to FitneX.

4.2. Subscriptions

In order to publish services and receive bookings from General Users on our platform, Individual Businesses must purchase a subscription. This subscription allows Individual Businesses to access a number of tools and functionalities designed to promote their services, manage bookings and communicate with General Users.

We offer different subscription levels, each with different features and pricing. Details of what each subscription level includes are available on our platform. Individual Businesses can choose the subscription level that best suits their needs and budget.

The subscription automatically renews at the end of each subscription period, unless the Individual Business notifies its intention to cancel prior to the renewal date. Subscription cancellation can be done through the account settings on the platform. Upon cancellation, the Individual Business will lose access to subscriber-only tools and functionality after the end of the current subscription period.

We reserve the right to change prices, features and terms of subscriptions. Any changes will be communicated in advance to Individual Businesses so that they can make informed decisions about their subscriptions.

4.3. Payments

Subscriptions will be paid by the following payment methods:

• Credit/debit card (Visa, Mastercard, Discover, Amex, Diners, etc.)

Payment for the relevant subscription will be charged to your credit or debit card upon completion of the subscription payment and registration process. The subscription will be activated upon completion of the payment and registration process and will be charged on each applicable billing date automatically. Once the transaction has been processed, we will send an electronic receipt to the user's email address.

If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment processor.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. FitneX reserves the right to engage any payment platform available on the market.

4.4. Booking Management

Individual Businesses registered on our platform have the ability to manage bookings of their services efficiently and effectively through their user account.

Individual Businesses must confirm bookings made by General Users within a reasonable timeframe. This confirmation is crucial to ensure a good experience for both the business and the client.

Individual Businesses may establish their own booking cancellation and modification policies, which should be clearly communicated to General Users at the time of booking. It is important to keep these policies consistent and fair to avoid misunderstandings and ensure client satisfaction.

Individual Businesses are expected to keep their availability and schedules updated on the platform to avoid overbooking or scheduling conflicts. Any changes in availability should be reflected in a timely manner on the platform.

The platform provides tools to facilitate direct and effective communication between Individual Businesses and General Users. Individual Businesses are encouraged to use these channels for any queries or clarifications related to bookings.

In case of repeated non-compliance of confirmed bookings by an Individual Business, the platform reserves the right to take action, which may include warnings, temporary suspension or even termination of the account on the platform.

In the event of incidents or disputes related to bookings, Individual Businesses should contact our support team to seek resolution. We are committed to providing assistance in resolving such situations in a fair and efficient manner.

General Users may leave ratings and comments on services received. Individual Businesses should consider these reviews as an opportunity to improve and maintain the quality of their services.

4.5. Commissions and Withdrawal of Funds

On our platform, we apply a 1.5% commission on the value of each service booked by General Users. This commission is automatically deducted from the payment received before being credited to the Individual Business. The purpose of this commission is to cover the operational and maintenance costs of the platform, as well as to continue improving our services.

Once a General User books and pays for a service offered by an Individual Business, the amount of the payment minus the 1.5% commission will be credited to the Individual Business' account on our platform. Individual Businesses will have access to a detailed summary of all transactions and commissions deducted in their user account.

Individual Businesses can request a withdrawal of the funds accumulated in their account at any time. To make a withdrawal, they must follow the process established in the platform and ensure that the banking information provided is accurate and up to date.

The funds will be transferred to the bank account specified by the Individual Business. Transfer processing time will depend on bank policies and may vary. The platform is not responsible for delays caused by third parties.

We guarantee security in the management of transactions and handling of financial information. We use encryption and data protection systems to ensure the confidentiality and security of transactions.

We reserve the right to change commission rates. Any changes in the commission rate will be notified to Individual Businesses in advance, providing a reasonable period of time before the changes take effect.

4.6. Publication of Services

Our platform specialises in connecting Individual Businesses with General Users interested in fitness related services. Therefore, we set specific guidelines to ensure that all publications and bookings are aligned with this approach.

Individual Businesses may publish services exclusively related to fitness, such as yoga classes, personal training, sports nutrition, among others. It is essential that all publications clearly detail the services offered, including descriptions, prices, times available and any other relevant information.

Publications of services that are not directly related to fitness will not be accepted. Any service published that does not comply with this theme will be removed from the platform without prior notice. In addition, any content on the user's profile, including images and descriptions, that is not related to fitness will be removed. Repeated posting of services not in line with our approach may result in the suspension or termination of the Individual Business account.

Individual Businesses have the ability to manage the booking of their services through their user account on the platform. This includes confirming bookings, updating available schedules and communicating directly with General Users to coordinate specific details.

Individual Businesses can modify or delete their service publications at any time. It is recommended that publications be updated regularly to ensure that information is accurate and up to date.

Individual Businesses are responsible for ensuring that the information provided in their publications is truthful and not misleading. The platform reserves the right to verify the authenticity of the services offered and to act accordingly if irregularities are detected.

We aim to ensure a safe and reliable experience for all users. Therefore, we expect Individual Businesses to maintain high standards of professionalism and ethics in all their interactions within the platform.

4.7. User Content

Individual Businesses may provide and upload content and information through the user's profile. Individual businesses will retain all copyrights or other rights they may have in the content and information they provide through the platform. FitneX is not responsible for the accuracy, safety or legality of the content posted on the platform by the Individual Businesses. The Individual Business is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the platform, the Individual Business grants FitneX a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, perform, reproduce and modify the Individual Business's content for the sole purpose of using and displaying it within the platform and to the general public.

FitneX disclaims all liability in connection with the content of the Individual Business. The Individual Business is solely and exclusively responsible for its content and the consequences of providing content through the platform. By providing and uploading content through the platform, you affirm, represent and warrant that:

1. The publication of content should only be related to fitness, nutrition and recovery services. The publication of content related to other topics is not allowed.

2. You are the owner of the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to authorise FitneX to publish and display your content through the platform.

3. Your content, and the use of your user content as contemplated by these terms, does not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libels, defames, slanders, libels or invades the right of privacy, publicity or other proprietary rights of any other person; or (iii) causes FitneX to violate any law or regulation.

4. Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.

5. Your content may not contain gambling, games or contests based on chance.

6. Your content does not and will not contain hateful content, threat of physical harm or harassment.

FitneX may, at any time and without notice, filter, remove, edit or block any user content that, in our sole judgment, violates these terms or is otherwise objectionable. If a user or any third party notifies us that any user content allegedly does not comply with these terms, we may investigate the allegation and determine in our sole discretion whether to remove such user content, which we reserve the right to do at any time without notice. You acknowledge and agree that FitneX reserves the right to, and may from time to time, monitor all information transmitted or received through the platform for operational and other purposes.

5. GENERAL USERS

5.1. Account

When registering on our platform as a General User, you are required to provide basic personal information such as name, email address and password to create an account. This account will allow General Users to browse, book and pay for services offered by Individual Businesses.

General Users are responsible for maintaining the confidentiality of their login information and all activities that occur under their account. General Users are expected to use the platform in a respectful manner and in accordance with established policies, respecting the terms of services offered by the Individual Businesses.

General Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to FitneX.

FitneX reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if FitneX believes that you have violated any of these terms or have provided FitneX with false or misleading information.

5.2. Booking of Services

General Users have the ability to book services offered by Individual Businesses through our platform, following a simple and secure process.

To make a booking, the General User must select the desired service, check availability and complete the details required for the booking. Once confirmed, the General User will receive a notification with all the relevant details of the booked service.

Each Individual Business may have its own cancellation and modification policy for bookings. General Users must review and agree to these policies before confirming their reservation. It is the responsibility of the General User to comply with these policies should they need to cancel or modify a reservation.

Payment for booked services is made through the payment methods accepted on the platform. Payment and billing details will be clear and transparent at the time of booking.

By making a booking, General Users undertake to attend the service at the agreed time and place. Failure to comply without prior notice or repeated cancellations may affect the user's reputation on the platform and lead to restrictions on future bookings.

General Users can communicate directly with Individual Businesses through the platform to clarify details or make specific enquiries about the booked service.

After receiving the service, General Users are invited to leave an evaluation and feedback on their experience. These evaluations are important to maintain the quality and reliability of the services offered on the platform.

5.3. Payments

Bookings for services can be paid for by the following methods of payment:

• Credit/debit card (Visa, Mastercard, Discover, Amex, Diners, etc.).

The General User shall pay the price of the service indicated on the platform at the time of booking the service. The Individual Businesses will determine the price of the services and may change the price of their services at any time. Please verify the content and scope of the Individual Business' services before making a booking.

Upon completion of the booking process, an electronic receipt of the transaction will be issued and sent to the General User's email address. If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the client service of the corresponding payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you will need to provide another card on which the payment can be charged and processed.

Your payment details will be processed and stored securely and for the sole purpose of processing the booking of services through the platform. FitneX reserves the right to contract any payment processor available on the market.

6. LIIMITATION OF LIABILITY

The platform acts as an intermediary between Individual Businesses and General Users, facilitating the publication, booking and payment of fitness-related services. While we strive to maintain the quality and accuracy of the information and services offered, we set out the following limitations of liability:

We do not guarantee the accuracy, completeness or reliability of the information provided by Individual Businesses, including descriptions of services, prices and availability. FitneX is not responsible for any errors or omissions in such information.

Responsibility for the quality, safety and compliance of the services offered rests with the Individual Businesses. FitneX is not responsible for any damage, harm or dissatisfaction arising from the services contracted through the platform.

Although we provide a secure system for financial transactions, FitneX is not responsible for payment processing problems beyond our control, such as payment system failures or banking problems.

We are committed to maintaining the availability of the platform, but do not guarantee uninterrupted or error-free access. We are not responsible for temporary unavailability of the platform due to technical maintenance or communication network failures.

FitneX is not responsible for interactions and communications between Individual Businesses and General Users. Any disputes or conflicts arising from these interactions must be resolved between the parties involved.

FitneX reserves the right to modify or update its terms and conditions, including this disclaimer, at any time. It is the responsibility of users to periodically review these changes.

In no event shall FitneX be liable for any indirect, incidental, special, consequential or exemplary damages, including, without limitation, loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) the conduct or content of third parties on the platform; or (iii) unauthorised access to, use or alteration of your transmissions or content.

7. ADVERTISING

Through the platform, FitneX may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, FitneX does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.

8. LICENSE TO USE THE PLATFORM

FitneX grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the FitneX platform and downloadable through the App Store and Google Play Services free of charge, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our platform or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or unless you have our written permission.

The user agrees not to use the platform in a negligent, fraudulent or unlawful manner. It also undertakes not to carry out any conduct or action that could damage the image, interests or rights of FitneX or third parties.

FitneX reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if FitneX considers that the user has violated any of these terms.

9. APPROPRIATE BEHAVIOUR

The platform is committed to fostering an environment of respect and professionalism. Therefore, we establish the following guidelines for appropriate behaviour to ensure positive and constructive interactions between Individual Businesses and General Users:

• Mutual Respect: All users, both Individual Businesses and General Users, must treat each other with respect, dignity and courtesy. Offensive, discriminatory, threatening or disrespectful attitudes will not be tolerated.

• Clear and Honest Communication: Communication between Individual Businesses and General Users must be clear, honest and professional. Information provided is expected to be accurate and truthful.

• Confidentiality and Privacy: The privacy and confidentiality of personal information shared during interactions should be respected. This information should not be disclosed without the explicit consent of the affected party.

• Compliance with Agreements: Individual Businesses and General Users must comply with agreements and commitments set out in service bookings, including schedules, payment and cancellation policies.

• Dispute Resolution: In case of disagreements or misunderstandings, it is encouraged to resolve situations amicably and constructively. The platform can offer mediation if requested and deemed necessary.

• Prohibition of Inappropriate Conduct: Harassment, abuse, or any form of inappropriate conduct is strictly prohibited. Violation of these rules may result in suspension or termination of the account on the platform.

• Constructive Feedback: General Users may leave comments or ratings on services received. These comments should be constructive and accurately reflect the experience with the Individual Business.

The platform reserves the right to take disciplinary action, including account suspension or termination, for any violation of these guidelines for appropriate behaviour.

10. CHAT AND MESSAGING

The platform contains chat areas or messaging services to enable communication between users. The user may only use the chat or messaging service to send and receive messages that are relevant and specific to the purposes of the platform. The user may NOT use the chat or messaging service available on the platform to perform any of the following actions:

• Send messages that are defamatory, violent, profane, harassing, obscene, threatening or messages that otherwise violate the legal rights of users or third parties, including FitneX staff.

• Send messages of a sexual or pornographic nature.

• Send messages that promote illegal activities.

• Conduct or forward surveys, contests, pyramid schemes or chain letters.

• Impersonate another person or user or allow any other person or entity to use your account to send messages or otherwise use your account.

• Repeatedly send the same message. Spamming is strictly prohibited.

• Imply or assert that any statement you make is endorsed by FitneX, without FitneX's prior written consent.

• Post offensive and/or harmful messages, including, but not limited to, content that advocates, supports, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.

• Use the platform to collect personal data from users.

Any breach or violation of the provisions contained in these terms may result in the suspension of the offending user's account, with or without notice and without the right to compensation.

11. FEEDBACK SYSTEM

The platform will have a feedback system, where users will be able to rate each other once the service has been completed and register their comments when making and completing each transaction within the platform. The opinions of Individual Businesses and General Users are the sole responsibility of the Individual Businesses and General Users. FitneX does not control or modify the comments made by Individual Businesses or General Users or the ratings made by Individual Businesses or General Users at the end of each transaction. General Users and Individual Businesses are solely responsible for the content and comments they post on the platform.

12. COPYRIGHT

All materials on FitneX, including but not limited to names, logos, trademarks, games, images, text, columns, music, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by FitneX or our users who have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on FitneX are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without FitneX prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise FitneX or any part of the material for any purpose other than its intended purposes is strictly prohibited.

13. COPYRIGHT INFRINGEMENT

FitneX will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in UK and international copyright and intellectual property laws and regulations. FitneX respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the FitneX website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

• A statement that specifically identifies the location of the infringing material, in sufficient detail so that FitneX can find it on the platform.

• Your name, address, telephone number and email address.

• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.

• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.

• An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner's behalf.

Upon receipt of a copyright infringement request, FitneX will contact the allegedly infringing user so that the user can respond to the copyright infringement request.

Responses to copyright infringement requests must contain the following:

• The physical or electronic signature of the user.

• The identification of the content that has been removed or the place where the content was posted.

• A statement, under oath, indicating a good faith belief that the content or material was removed due to an error.

• The name, address and telephone number of the user.

• A statement that the user consents to the jurisdiction of the court in which the user is located.

In the event that the alleged infringing user fails to respond to the copyright infringement request and the alleged copyright owner is able to satisfactorily prove ownership of such copyright in the content and requests removal of such content from the platform, FitneX will remove the content from the platform immediately.

All copyright infringement requests and responses may be submitted through our contact information.

14. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

• Violate the restrictions in any robot exclusion headers on the platform or bypass or circumvent other measures employed to prevent or limit access to the platform.

• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

• Deep-link to any portion of the platform for any purpose without our express written permission.

• "Frame", "mirror" or otherwise incorporate any part of the platform into any other websites or Service without our prior written authorisation.

• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by FitneX.

• Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.

15. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, FitneX provides and maintains the platform on an "as is", "as available" basis and does not promise that use of the platform will be uninterrupted or error-free. We will not be liable to you if we are unable to provide the platform and the functionality included on the platform for any reason beyond our control.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse FitneX for any loss or damage caused as a result.

FitneX shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, FitneX excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to FitneX and FitneX shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the platform.

• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.

• Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.

• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from FitneX.

• All representations, warranties, conditions and other terms which but for this notice would have effect.

16. ELECTRONIC COMMUNICATIONS

FitneX will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorised human acts, including any errors or mistakes.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the platform, its officers, employees, affiliates and Individual Businesses against any claims, losses, damages, costs and expenses (including reasonable legal fees) resulting from or related to your misuse of the platform or violation of this clause.

18. CHANGES

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.

19. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by FitneX, shall constitute the entire agreement between you and FitneX concerning and governs your use of the platform.

20. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

21. FORCE MAJEURE

FitneX shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.

22. TERMINATION

Both the user and FitneX acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, FitneX reserves the right to unilaterally terminate the user's access to and use of the platform. FitneX may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, FitneX shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by FitneX: If FitneX fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify FitneX in writing of the breach and allow a reasonable time for FitneX to remedy the situation. If FitneX does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

23. JURISDICTION AND APPLICABLE LAW

Although our platform is available internationally, these terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom.

24. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and MYNE HUB, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event that a dispute arises in connection with the use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.

The courts of the United Kingdom shall have jurisdiction over any dispute, controversy or claim relating to FitneX and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United Kingdom.

25. FINAL PROVISIONS

Use of the FitneX platform is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.

Any rights not expressly granted herein are reserved.

26. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the following contact information:

FitneX LTD, 3 Wellesley House, Horton Crescent, Epsom, United Kingdom, KT19 8BQ