Fitsaz Terms and Conditions of Use

Welcome to Fitsaz These Terms and Conditions of Use apply and govern your use of our website and mobile application (the “App”) and are designed to create a positive, law-abiding community of our users. By using Fitsaz, you are agreeing to all the terms and conditions below.

THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH FITSAZ AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.

1. Use of the Services and Your Account

1.1 Who can use the Services

You must be between 18 to 65 years old to use the Services.

1.2 Your Account

You may need to create a Fitsaz account to access the Services, and it's important that you keep your account accurate and up-to-date. It is necessary to use your real name and not create an account with someone’s else identity.

When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

It should be mentioned that you are not allowed to create two or more accounts with the same phone number and personal details.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify our support team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password.

1.3 Service Updates, Changes and Limitations

Our Services are constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our Services, which might not work properly if you don't install the updates.

The Services change frequently, and their form and functionality may change without prior notice to you.

1.4 Security

Please let us know right away if you believe your account has been hacked or compromised.

We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our support team immediately of any actual or suspected breach or unauthorized access or use of your account.

2. Ownership and Use of Content

Acceptable Usage Guideline

Fitsaz Content Except as expressly permitted by applicable law or authorized by Fitsaz, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any Fitsaz Content offered as part of the Services (other than User- Generated Content), in whole or in part.

3. Intellectual Property

We respect intellectual property laws. If anything is wrong, please send an email with all the details to info@smartsystemco.com

4. Third Party Links and Services

Our Services may link to, interact with or be available on third-party services or products such as social media and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services.

You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities (“Third-Party Applications”) via our Services. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third- Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.

5. Fitness and Wellness Activities and Dietary Guidance

It's important to us that users stay healthy while achieving their fitness and wellness goals. Please be responsible and use your best judgment and common sense. We provide our Services for information purposes only, and can't be held liable if you suffer an injury or experience a health condition.

5.1 Safety First

Fitsaz cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any fitness or wellness regimen- oriented Content or any dietary program-oriented Content (“Programs”). By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in the Programs, or any of the related activities made available to you in connection with the Services. Further, you agree, represent and warrant that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone’s condition and abilities are different, and participating in the Programs and other activities promoted by our Services is at your own risk. If you choose to participate in the Programs and these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. The Programs and other activities promoted by the Services may pose risks even to those who are currently in good health.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injury, illness, or damages sustained from your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services even if caused in whole or part by the action, inaction or negligence of Fitsaz or others.

In case of pregnancy, breastfeeding or chronic diseases, before following recommended diet or workout plan, consult your trainer, doctor or dietitian.

In terms of any misunderstanding about diet and workout plans, before starting the plan, users must contact support team and ask for solutions. In case of appearance of any injury or problem, Fitsaz is not responsible.

5.2 Not Medical Advice

Any and all services provided by, in and/or through the Services (including but not limited to Content) are for informational purposes only. Fitsaz is not a medical professional, and Fitsaz does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when makingmedical decisions, or to diagnose or treat a health condition or illness. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND

6. Modifications to the Terms

As the Services grow and improve, we might have to make changes to these Terms.

Updates to these Terms

We reserve the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the Fitsaz website or in -app). Modifications will not apply retroactively unless required by law.

7. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, FITSAZ EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS.

Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to any Content.

8. Contact Us

If you have any feedback, questions or comments about the Services, please contact our Support Team as detailed here by email: info@smartsystemco.com. Please be sure to include in any email your full name, email address and any message.