TERM OF SERVICE
LuxeFit
TERM OF SERVICE
LuxeFit
Last Updated: January 15, 2024
Premium Service
A premium upgrade is available for more advanced features. Types and prices of subscriptions. LuxeFit only offers one subscription option: 1 week for $9.99 (€9.18). Prices may vary slightly depending on region. Subscription automatically renews unless auto-renewal is turned off at least 24 hours before the end of the current period. If offered, this also applies to a free trial period, which becomes an automatically renewing monthly subscription unless terminated 24 hours before the end of the trial period. Payment will be charged to your iTunes Account at confirmation of purchase. You can manage your iTunes subscription in the App Store Settings after purchase. More information can be found in the "Manage your subscription" section. Apple does not currently allow you to cancel your current subscription period. All prices are subject to change at LuxeFit's discretion at any time.
Introduction
Thank you for using LuxeFit's fitness tracker.
LuxeFit's is operated by Ukrenergoholdyng TOV, a company based in Ukraine. These Terms of Service (“Terms”) and our Privacy Policy govern your use of all available LuxeFit's services, including the LuxeFit's App, so please read them carefully before using LuxeFit's. Our mission is to help you achieve your fitness goals and make a positive difference in your health. Your health is very important to us. You should always consult your doctor about your physical condition before starting to exercise. By using LuxeFit's you agree to be bound by these Terms. If you do not agree to these Terms, do not use LuxeFit's. We may revise the Terms from time to time. The most current version will always be posted on our Terms page without notice.
LuxeFit Intellectual Property Rights
You acknowledge that LuxeFit's is protected by copyright, trademark and other laws of Ukraine, the United States and other foreign countries. You agree not to remove, alter or obscure any copyrights, trademarks, service marks or other proprietary rights.
DMCA/Copyright Policy
We respect copyright law and expect you to do the same. It’s our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Warranty Disclaimers
LUXE FIT AND THE INTELLECTUAL PROPERTY ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR DURATION. USES OF TRADE. WE MAKE NO WARRANTY THAT THE PURPOSES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, UNINTERRUPTED, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.
Indemnity
You will indemnify and hold harmless LuxeFit from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of LuxeFit's or our intellectual property; (ii) your content; or (iii) your violation of these Terms.
Limitation of Liability
LUXE FIT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, INTERRUPTION OF SERVICE, DAMAGE TO YOUR COMPUTER OR SYSTEM, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS. CONDITIONS OR BECAUSE OF USE OR INABILITY TO USE PURPOSE, WHETHER BASED ON WARRANTY, CONTRACT, CORRECTIVE RULES (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER LUXE FIT WAS OR WAS NOT INFORMED OF THE POSSIBILITY THE RISK OF SUCH DAMAGES, EVEN IF LIMITED THE REMEDY SET FORTH HEREIN HAS FAILED TO ACHIEVE ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL LUXE FIT'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR USE OF OR INABILITY TO USE OR ACCESS YOUR CONTENT EXCEED THE AMOUNT YOU PAID FOR LUXE FIT FOR USING LUXE FIT IF YOU HAVE NOT USED LUXE FIT. ANY PAYMENT OBLIGATIONS FOR PURPOSE, IF APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN THE TARGETS AND YOU.
GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of the Ukraine without regard to its conflict of laws provisions.