PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP. By using the SwiftFit application (the “App”) on any mobile phone, tablet, or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law.

The creators of SwiftFit app reserve the right to modify the Terms and Conditions at any time. Update to these Terms and conditions will be posted on https://www.swiftfitapp.com/terms-and-conditions and changes to these Terms and Conditions will be effective upon being posted. Your continued use of the SwiftFit App will signify your acceptance of the changes to these Terms and Conditions. The creators of SwiftFit app may update the Terms and Conditions to comply with laws & regulations or changing needs, and will make a reasonable effort to notify users of changes through e-mail or directly through the SwiftFit App or Website.

Physical Activity Notice

The App may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. The creators of SwiftFit App are not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App.

Intellectual Property

All intellectual property on the App is owned by the creators of SwiftFit App or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by the creators of SwiftFit App. All content on the App (except for Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of the creators of SwiftFit App; All rights reserved.

App Use Restrictions

You may use the Content only for your own non-commercial use to use the App. You agree not to change or delete any ownership notices from materials downloaded or printed from the App. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the App, including Personal Information (defined below), without the creators of SwiftFit App’s prior written consent, unless it is your own Personal Information that you legally post on the App. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Personal Information

To use the App, you may be asked to provide certain personal information (the “Personal Information”), including information about your weight, age and gender, to optimize your use of the App. If you choose to provide such Personal Information, you agree to provide accurate and current information about yourself, and the creators of SwiftFit App will not be responsible for any injury related to any Personal Information you submit to the App or omit. The use or disclosure of any Personal Information you supply will be governed by our Privacy Policy.

Mobile Services

The App contains services and features that require downloading additional App content to function. Your carrier’s normal rates and fees apply. 

Indemnification

You agree to indemnify, defend, and hold harmless the creators of SwiftFit App, its affiliates, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Information, your use of the App, your conduct in connection with the App or with other App users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this App.

User Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person. The creators of SwiftFit App are not responsible or liable for any loss or damage resulting from any interaction with other App users, persons you meet through the App, or persons who find you because of information posted on, by or through the App. You agree to take reasonable precautions in all interactions with other users on the App, and conduct any necessary investigation before meeting another person. The creators of SwiftFit App are under no obligation to become involved with any user dispute, but may do so at its own discretion.

Warranty Disclaimer

The creators of SwiftFit App are not responsible or liable for any Personal Information posted on the App or for any offensive, unlawful or objectionable content you may encounter on or through the App. The App is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, the creators of SwiftFit App disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The creators of SwiftFit App cannot guarantee and do not promise any specific results from use of the App. The creators of SwiftFit App do not represent or warrant that the App will be uninterrupted or error-free, that any defects will be corrected, or that this App or the server that makes the App available are free of viruses or anything else harmful. To the fullest extent permitted by law, the creators of SwiftFit App do not make any warranties or representations regarding the use of the materials or Content in the App in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the App, loss of data or other harm of any kind that may result. The creators of SwiftFit App reserve the right to change any and all Content and other items used or contained in the App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Intellectual Property Disclaimer

The software provided herein ("The App") is made available to you at no cost as part of a research project. The App is provided "as is" and for informational, educational, or research purposes only. By using The App, you acknowledge and agree that it is a free, non-commercial, research-based tool, and you shall not hold the creators of SwiftFit App, its affiliates, or employees liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of The App, including, but not limited to, claims of intellectual property infringement.

Limitation of Liability

THE CREATORS OF SWIFTFIT APP SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS APP OR THE CONDUCT OF OTHER APP USERS (WHETHER ONLINE OR OFFLINE) OR ANY PERSONAL INFORMATION, EVEN IF THE CREATORS OF SWIFTFIT APP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP. YOUR ONLY REMEDY AGAINST THE CREATORS OF SWIFTFIT APP FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE APP. THAT SAID, IF THE CREATORS OF SWIFTFIT APP IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT, THE CREATORS OF SWIFTFIT APP’ LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

You agree that this App shall be deemed a passive App based in the United States, which does not give rise to personal jurisdiction over the creators of SwiftFit App in jurisdictions other than the United States. You agree that this App, Terms of Use, Privacy Policy and any dispute between you and the creators of SwiftFit App shall be governed in all respects by United States law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this App (including but not limited to the purchase of SwiftFit App products or services) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the United States. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of the United States. Any cause of action or claim you may have with respect to the App (including but not limited to the purchase of SwiftFit app products or services) must be commenced within one (1) year after the claim or cause of action arises. By using the App, you agree to receive certain electronic communications from SwiftFit App. You agree that any notice, agreement, disclosure or other communication that SwiftFit App sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Tthe creators of SwiftFit App’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. The creators of SwiftFit App may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination

The creators of SwiftFit App reserve the right in its sole discretion to terminate your account, delete your profile and any of your Personal Information, and restrict your use of all or any part of the App for any or no reason, without notice, and without liability to you or anyone else. The creators of SwiftFit App also reserve the right to block users from certain IP addresses or Device numbers and prevent access to the App. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.