These terms and conditions (“Terms” or “Agreement”) are applicable when you use our mobile software application Pridefit (our “App"). The app includes subscriptions that automatically renew, and we encourage you to read these Terms carefully, especially Sections 6: Subscription Fees & Payments and 7: Cancellations & Refunds, before purchasing a subscription or starting a free or paid trial. By downloading our App, you confirm that you accept and comply with these Terms. These Terms constitute a legally valid and binding agreement between you and Pridefit LLC, the company owning and operating the App. Please also refer to our Privacy Policy, which explains how we handle personal data.
These Terms apply to all users of our App, regardless of the device or technique used to access it. If other persons use our App through your device, you are responsible for ensuring that they are aware of and comply with these Terms. If you are using our App on behalf of a company or other legal entity, you warrant that you are authorized to enter into this Agreement and grant us any rights on behalf of your company.
WHO WE ARE AND WHAT WE DO
Pridefit is a DBA of Leichtning Health, a private limited company registered in New York, USA. Our App targets athletes worldwide and aims to encourage them to exercise and live a healthy life. It provides exercise videos, health and nutrition information, and an inviting, queer community for athletes to exchange information and experiences.
GRANT OF RIGHT TO USE OUR APP
To download, install, and use our App, we grant you a non-exclusive, non-transferable, non-sublicensable, and revocable license. This license allows you to download, access, and use our App for personal, non-commercial purposes, subject to the terms and conditions of this Agreement. Any other use not in accordance with this Agreement is strictly prohibited without our prior written consent.
MISUSE OF OUR APP
When using our App, please do so with respect and do not misuse it or assist others in doing so. You must not knowingly introduce viruses, trojans, worms, logic bombs, or other harmful material. Unauthorized access attempts or testing the vulnerability of our App or network are prohibited. Violation of this provision is a criminal offense. If we find that you have breached this provision, we will report it to law enforcement authorities and cooperate with their investigations. In addition to other remedies, your right to use our App will be terminated immediately.
AGE RESTRICTIONS
To use our App, you must be at least 18 years old or the legal age in your country of residence to enter into legally binding agreements. By using our App, you warrant that you meet the minimum age requirement.
ACCOUNT
You can start using our App by creating an account with your email address. If you create an account, you are only allowed to set up one account per user. Your account is personal to you, and you may not transfer or assign it to someone else.
Within our App, you can provide information about yourself in your profile, such as your weight and height. You can also upload photos of yourself after a workout. You warrant that all information you provide during sign-up is true, accurate, and up-to-date, and you agree to keep it that way.
If you receive a user identification code, password, or any other security information, keep it confidential and do not disclose it to others. We have the right to disable any user identification code or password if you fail to comply with these Terms. If you suspect unauthorized access to your account, notify us promptly.
SUBSCRIPTION FEES AND PAYMENT
The Pridefit App is available for download free of charge. However, certain features may require a fee, which can be accessed through the app stores or our website.
Subscription Fees:
a. All subscription fees are subject to change without prior notice. If you no longer wish to avail of a subscription due to fee changes, you must cancel your subscription at least 24 hours before the renewal date.
b. Subscriptions are automatically renewed, and no refunds or pro-rating of fees will be granted if you fail to cancel your subscription in time. Please follow the cancellation instructions provided by the App Store and Google Play.
Trial Subscriptions:
a. We may offer free or lower-priced trial subscriptions for a limited period of time. If you do not cancel your trial subscription before the trial ends, you will be automatically billed for the following month and continue to have access to the service.
b. We reserve the right to modify or terminate trial offers without prior notice and without liability. Multiple trials are not allowed.
Cancellations and Refunds:
a. Cancellations and refunds for subscriptions purchased through the Apple App Store or Google Play Store are governed by the terms and conditions of the respective app stores.
b. To avoid charges, you must cancel your subscription or trial properly. Cancellations must be made at least 24 hours before the end of the trial or prior to the renewal of a purchased subscription.
c. For subscriptions purchased through our website, contact our support team at least 24 hours before the end of the current period to request cancellation. Cancellations made through our website are not managed through the Apple App Store or Google Play Store.
d. Deleting the app will not automatically cancel subscriptions or free trials. Refer to Apple Support or Google Play Help for instructions on canceling subscriptions or trials.
Payment Processing:
a. We use a third-party payment processing service provider for all payments made through the App. We are not responsible for any errors or failures in the services provided by the payment provider.
b. By agreeing to these Terms or continuing to make payments via the app stores, website, or App, you consent to be bound by the terms and conditions of the third-party payment provider.
USER CONTENT
Participation in the Community:
a. As a user of the Pridefit App, you may participate in our community by asking questions, providing answers, and engaging in discussions with other users.
b. Treat other users with respect and comply with the following rules when submitting
User Content:
Content must be true, accurate, complete, and up-to-date. You must own the content or have obtained necessary consent from the party whose content you use. Content must not be sexually explicit, pornographic, indecent, defamatory, racist, discriminatory, violent, or otherwise illegal or unlawful.
c. You warrant that any User Content you upload complies with the above rules. You are liable and responsible for any breach of this warranty, and you indemnify and hold us harmless for any losses or damages resulting from non-compliant User Content.
d. We reserve the right to remove User Content that, in our reasonable opinion, does not comply with our rules.
Ownership and License:
a. User Content submitted to the App is considered non-confidential and non-proprietary.
b. If your User Content contains any intellectual property rights, you retain those rights but grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable, and transferable license to use, store, reproduce, distribute, translate, prepare derivative works.
RIGHTS IN OUR APP AND CONTENT PUBLISHED BY US
Ownership of Intellectual Property:
a. All intellectual property rights in the Pridefit App and the content made available on it ("Pridefit Content") are owned by us or licensed to us. This includes copyrights in texts, graphics, designs, logos, photos, videos, user interface, databases, and software.
b. Pridefit Content is protected by copyright laws and treaties. All rights are reserved by us, and we assert our right to be identified as the author of all Pridefit Content.
c. The Pridefit App's recipe library may include recipes developed in collaboration with NOURISHED BY NIC and/or EXCEED NUTRITION.
Use of Trademarks:
a. Our trade name and logo may not be used without our prior approval.
b. Trade names and trademarks that appear in the Pridefit App, not owned by us, are the property of their respective owners and are used for identification purposes only.
Restrictions on Use:
a. You are prohibited from using, copying, modifying, distributing, transferring, publicly displaying, performing, broadcasting, or exploiting the Pridefit App, User Content, or Pridefit Content, unless it is your own content.
b. Collection, aggregation, copying, scraping, duplication, display, or derivative use of the Pridefit App, as well as the use of data mining, robots, spiders, or similar tools for data gathering without our written permission, is expressly prohibited.
c. Nothing in these Terms grants you a right or license to engage in the prohibited activities mentioned above.
Acknowledgment of Ownership:
a. You must always acknowledge our status and that of any identified contributors as the owners of Pridefit Content.
b. Indications of ownership must not be removed or obscured.
LIMITATION OF LIABILITY
Disclaimer of Warranties:
a. The Pridefit App is provided on an "as is" basis, without any warranties, whether express or implied.
b. Your use of the Pridefit App is at your own risk.
Limitation of Liability:
a. We do not assume liability for any loss or damage, including but not limited to loss of data, profits, business opportunities, goodwill, or personal or bodily injury, arising from these Terms or the use of the Pridefit App.
b. Our aggregate liability to you, if proven, shall not exceed the total monthly subscription fees paid by you in the 12 months preceding the event giving rise to the liability.
INDEMNIFICATION
Indemnity:
a. You agree to indemnify, keep us indemnified, and hold us harmless, including our officers, directors, employees, and agents, from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:
Your breach of these Terms or other incorporated terms and policies.
Your improper use of the Pridefit App.
Your breach of any laws, regulations, or third-party rights.
ERRORS AND VIRUSES
Content Accuracy:
a. While we make reasonable efforts to ensure the accuracy and completeness of the content in the Pridefit App, we do not guarantee its accuracy, completeness, or timeliness.
b. We do not assume liability for any errors, omissions, or inaccuracies in the information displayed in the Pridefit App.
App Security:
a. We do not guarantee that the Pridefit App will be secure, uninterrupted, free from bugs, or viruses.
b. You are responsible for configuring your information technology, software, and platform to access the Pridefit App, and for using your own virus protection software.
CHANGES TO OUR APP
Updates and Changes:
a. We may update and change the Pridefit App to reflect changes in services, user needs, and business priorities.
b. Reasonable notice will be provided to users regarding major changes, whenever possible.
SUSPENSION, WITHDRAWAL, AND TERMINATION
App Suspension or Withdrawal:
a. We do not guarantee the continuous availability or uninterrupted access to the Pridefit App.
b. We may suspend, withdraw, or restrict the availability of all or any part of the Pridefit App for business and operational reasons.
c. Reasonable notice will be given for any suspension or withdrawal, whenever possible.
Termination of Access:
a. We may terminate or suspend your account or access to the Pridefit App without notice if you breach any provision of these Terms or violate applicable laws, regulations, or third-party rights.
b. Termination may result in the forfeiture and destruction of all associated information.
c. Restoration or reinstatement of your account is at our sole discretion.
CHANGES TO THIS AGREEMENT
Agreement Modification:
a. The Pridefit App reserves the right to update, revise, supplement, and modify this Agreement.
b. Changes to this Agreement will be effective immediately for new users and 30 days after notification for current users.
c. Registered users are encouraged to review this Agreement periodically.
d. If you do not accept any changes, please uninstall and discontinue using the Pridefit App. Your continued use constitutes acceptance.
TRANSFER OF RIGHTS AND OBLIGATIONS
Transfer by Us:
a. We may transfer our rights and obligations under these Terms to a third party as part of a sale or transfer of our assets.
b. Reasonable notice will be given to users regarding transfers, and such transfers will not prejudice users' rights and obligations.
Non-Transferability by You:
a. You may not transfer your rights and obligations under these Terms without our prior consent, which will be deemed null and void.
DISCLAIMER
Medical Disclaimer:
a. The Pridefit App provides information and not medical or treatment advice. It should not be relied upon for medical diagnosis or treatment recommendations.
b. The information provided in the Pridefit App is not a substitute for professional medical advice, diagnosis, or treatment.
c. The content in the Pridefit App is for general information purposes only and is provided "as is" without any representations or warranties.
TERM AND TERMINATION
Effective Period:
a. These Terms are effective from the date of acceptance (at the time of downloading the Pridefit App) and remain in force until termination or cancellation of your subscription.
Termination by Us:
a. We may terminate this Agreement without prior notice if you materially breach these Terms, violate applicable laws or regulations, or if necessary to protect our interests, safety, or other users.
b. Termination will result in the revocation of your access to the Pridefit App, deletion of your account, and no entitlement to compensation. Billed subscriptions will not be refunded.
SEVERABILITY
Severability:
a. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the remainder of the Agreement remains in force.
GOVERNING LAW AND JURISDICTION
Governing Law:
a. These Terms are governed by and construed in accordance with US law.
Exclusive Jurisdiction:
a. Any disputes arising from or related to these Terms are subject to the exclusive jurisdiction of the US courts.
CONTACT
If you have any notices or questions regarding the Pridefit App or these Terms, please contact us at: support@pridefit.com.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.