Terms of Conditions
Last updated: July 8, 2024
Welcome to JustFit. This service offers subscriptions with automatic renewal. Prior to starting a trial or making a purchase of our applications with auto-renewal, it is important to carefully review these terms and conditions of use ("Terms"). To avoid unnecessary charges, please ensure to cancel your subscription at least 24 hours before the end of the free trial period or the current subscription period.
If you need assistance with canceling your subscription or free trial, depending on where you purchased the subscription service, please visit the Apple Support website, Google Play Help (or any other App Store support page) or our website. Simply deleting the app will not cancel the subscription or trial. We also aim to provide information about our subscription policies at or near the point of purchase. It is recommended to review the policy before completing a purchase. You may consider printing this information for your reference.
2.1 The Company does not offer medical advice, health insurance, or any other healthcare services, including advice, tests, assessments, prescriptions, protocols, or treatments related to exercise, nutrition, weight loss, wellness, mental health, or the avoidance, prevention, diagnosis, or treatment of any injury, disease, or condition (collectively, "Healthcare Services").
2.2 This service may not be suitable for everyone and is not a replacement for professional healthcare services. It is intended only as a tool to help support your overall health and wellness goals. By accessing or using this service, you agree to release the Company from any and all lawsuits, known or unknown, that may arise from your use of the service, acknowledging the risks associated with diet and exercise, including the risk of personal injury or death.
2.3 You should consult with a physician or other qualified healthcare professional to determine if the Service is safe and effective for you. You expressly agree not to use the Service against medical advice or when there may be any health risk. In such cases, you acknowledge that you will be solely responsible for your own health, life, and well-being, as well as that of your family and children, and for all decisions you make now or in the future.
2.4. To the maximum extent allowed by law, you explicitly acknowledge that we do not provide medical advice through this service. Nothing offered through the Service, whether by us or a third party (even if they claim to be a doctor), is meant to or should be used as a replacement for (I) your doctor's advice or that of another professional, (II) visiting, calling, or consulting with your doctor or other healthcare professional, or (III) the information on the packaging or labeling of any product. We are not liable for any health issues that may arise from training programs, consultations, products, or events that you discover through the Services. If you have any health-related questions, you should immediately call or consult with your doctor or other healthcare professional. In case of an emergency, contact your doctor or seek local emergency services without delay.
2.5. Your utilization of the Service does not establish a doctor-patient relationship, therapist-patient relationship, or any other healthcare relationship between you and the Company. 2.6. The Company holds no liability for any erroneous or inaccurate statements concerning recipes, workouts, or other content within this service. It is essential to thoroughly review all details provided by the food product manufacturer, whether online or on the physical product packaging and labeling, such as nutritional information, ingredients, food allergens, contact details, and health claims, before using or consuming the specific product. For additional information about a food product, it is recommended to reach out to the manufacturer directly.
2.7. We cannot assure that you will achieve success, and you acknowledge the possibility of varying results from person to person. The testimonials and examples provided are exceptional and may not apply to everyone. They are not meant to guarantee similar results for all individuals. Additionally, past fitness results may not be replicated in the future. We cannot guarantee your future success or results, nor can we ensure that you will maintain your results if you do not continue following our program.
2.8 The success of an individual's health, fitness, and nutrition journey is influenced by various factors such as background, commitment, desire, and motivation. Results may vary based on personal abilities, life experiences, genetic characteristics, and level of dedication. It is important to make an informed decision when choosing to use this service, understanding that the Company is not responsible for any outcomes, whether positive or negative, that may be linked to the purchase and utilization of the service.
2.9. We want to emphasize that we do not hold any liability for damages related to the content provided on the service. It is highly recommended to seek advice from your physician and other relevant professionals regarding the information available on the Services or obtained through them.
To access certain features of the Service, you will need to register your Personal Data and provide the necessary information as instructed by the registration form.
If you create a profile, you are confirming that all the required registration information you provide is accurate, and you agree to maintain its accuracy. Additionally, you must ensure that your use of the Services complies with all applicable laws and regulations as well as these Terms. Failure to do so may result in the Services not functioning properly and may prevent us from contacting you with important notices.
It is important to note that the Service is not intended for individuals under the age of 16. By using the Service, you are confirming that you meet this age requirement. Any minor users (typically under the age of 18) must have the consent and direct supervision of a parent or guardian to use the Services in their jurisdiction. If you are a minor, your parent or guardian must read and agree to these Terms before you can use the Services.
3.4. The Company retains the authority to suspend or end your profile or access to the Services, whether or not notice is given, in the event of a violation of these Terms. 3.5. It is your responsibility to keep your profile login details confidential and to take full responsibility for all actions carried out under your profile. You agree to inform us promptly of any unauthorized or suspected unauthorized use of your Personal Data or any security breaches. The Company will not be held accountable for any losses or damages resulting from your failure to adhere to the aforementioned obligations.
4. Services
4.1. All text, images, logos, compilations, data, content, software, and materials displayed on the Service are owned by us or third parties.
4.2. We reserve all rights, including all Intellectual Property Rights, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation thereof is strictly prohibited except as expressly permitted by these Terms. The provision of the Services does not represent an assignment by us to you or any third party of any right, title or interest in such Intellectual Property.
4.3. The information you submit to us as part of your registration, as well as any data, text and other materials you may submit or post to the Application ("User Content"), remains your intellectual property, and the Company does not claim any copyright or other proprietary rights in such registration information and User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all Registration Information and User Content and use such information and User Content as is reasonably necessary for and incidental to the operation of the Services as described in these Terms and the Privacy Policy.
4.4. You grant us a worldwide, transferable, irrevocable, non-exclusive, perpetual right to publish, distribute, publicly display and perform User Content in connection with the Services.
4.5. Subject to these Terms, we grant you a non-transferable, non-exclusive license to use the Service solely for your personal, non-commercial use and install and use the Application solely on your own hand-held mobile device solely for your personal, non-commercial use.
4.6. You are responsible for ensuring that your use of the Service complies with the necessary licenses, agreements, and restrictions, and does not infringe upon the rights of others or violate any legal obligations. You also agree to abide by all relevant laws and regulations, and accept full responsibility for any violations.
4.7. It is your sole responsibility to acquire the equipment and services required to access the Services, as well as cover any associated costs, such as hardware, internet fees, and airtime charges.
4.8. We retain the right to modify the Services, including both free and paid features, at any time without prior notice. You acknowledge that our actions may temporarily or permanently restrict your access to the Services, and agree that we are not liable for any resulting consequences, including the removal of Content or Services.
4.9. Your use of the Service is at your own risk, and we are not liable for any damage to your system, loss of data, or any other harm to you or third parties resulting from your use of the Service or reliance on information provided.
4.10. While we are not obligated to offer customer support, we may choose to provide Customer Support at our discretion. This may include assistance with App Store, Third Party Ads, or interactions with other users.
5.1. The availability of the Application is contingent upon the third-party provider, such as the Apple App Store and/or other application stores (referred to collectively as the "Application Stores" or individually as an "App Store").
5.2. You are responsible for paying any fees imposed by the App Store for the Application. Your use of the Application is subject to your adherence to all relevant agreements, terms of service/use, and other policies of the App Store. It is important to note that the App Store (including its subsidiaries) is considered a third-party beneficiary of these Terms and is entitled to enforce them.
5.3 The Service may include hyperlinks to websites or resources operated by third parties, as well as third-party advertisements (collectively referred to as "Third Party Advertisements"). The Company does not have control over these Third Party Advertisements and therefore cannot be held responsible for them. These Third Party Advertisements are provided for convenience purposes only, and the Company does not endorse, monitor, approve, guarantee, or make any representations about them. The information provided by third party advertisements may not always be accurate. You are fully responsible for any risks that may arise from using such websites or resources. When you access a third-party website, you are subject to the terms and policies of that particular service provider, including their privacy and data collection practices. It is your responsibility to conduct any necessary investigations before engaging in any transactions with third parties. Any transactions or interactions related to third party advertisements on the Service, such as payment and delivery of goods or services, are strictly between you and the merchant or advertiser in question.
6.1. Some features of the Service may require a subscription fee. You can subscribe directly from the Company or through the App Store by either: (1) paying a subscription fee in advance at regular intervals disclosed to you prior to purchase; or (2) accessing the Service for a specific period of time by prepaying for the Service (collectively or individually, "Purchase").
6.2. We reserve the right to adjust the purchase price at any time to the maximum extent permitted by applicable law. We will notify you of any such price adjustments by posting updated prices on or through the Apps and/or sending you an email notice, or by other prominent means, a reasonable period in advance. If you do not wish to pay the new fees, you may cancel the relevant package before the adjustment takes effect, or/and forgo the prepayment for the use of the Services.
6.3. By submitting Payment Cards, you authorize us and the App Store to charge appropriate fees.
6.4. By signing up for certain subscriptions, you agree that your subscription can be automatically 6.4. When you sign up for specific subscriptions, you are agreeing to the automatic renewal of your subscription. If you do not cancel your subscription, you are authorizing us and the App Store to charge you for the renewal. The auto-renewal period will match your initial subscription period, unless otherwise specified in the Services. Renewal rates will not exceed the rates from the previous subscription period, excluding any promotional or discounted prices, unless we inform you of a rate adjustment before the automatic renewal. You must follow the relevant subscription cancellation procedures to cancel your subscription. We do not provide refunds for any charges billed to your account, nor do we prorate the cost of canceled subscriptions.
6.5. We may offer a free trial of our service. The trial grants you access to the service for a specified period, which will be outlined during registration. If you do not cancel before the end of the free trial, or unless otherwise stated, your access to the service will be automatically renewed, and you will be charged accordingly. It is your responsibility to keep track of when the free trial ends. We reserve the right to modify or end any Free Trial offer, your access to the Services during the Free Trial, or any of these Terms, at our discretion, without prior notice and without liability. We also reserve the right to restrict the number of times you can use your free trial.
6.6 Your access to the Service will end at the conclusion of the payment period for which you are subscribed. Failure to pay fees may result in termination of access without notice, although we will make reasonable efforts to notify you and resolve any issues.
6.7. Packages bought via the App Store are subject to the refund policy of the App Store. Therefore, refunds will not be issued by us, and you should contact App Store support.
6.8. Once payment is made, purchases are considered final and non-refundable. By making a purchase, you agree that refunds or exchanges are not possible. However, the Company may provide refunds or cancel purchases as required by law or at its discretion.
7.1 By utilizing this service, you represent and affirm that:
1. You possess legal capacity and consent to adhere to these terms;
2. You are at minimum 16 years of age;
3. You will not access this service through automated or non-manual means, whether by bots, scripts or otherwise;
4. You will not employ this service for any illegal or unauthorized purposes;
5. You are not situated in a country that is under embargo by the U.S. government or designated by the U.S. government as a "terrorist-supporting" country;
6. You are not listed on any U.S. Government list of prohibited or restricted parties; and
7. Your usage of the Service will not contravene any applicable laws or regulations.
7.2 We reserve the right to deny your current or future use of the Service (or any portion thereof) if any information you provide is untruthful, inaccurate, not current or incomplete.
7.3 You may not access or utilize the Service for any purpose other than that for which we provide it. The Service may not be used for any commercial activity unless specifically authorized or approved by us.
7.4 As a user of this service, you agree that you will not:
1. Systematically retrieve data or other content from this service in order to create or compile, directly or indirectly, collections, compilations, databases, or directories without our written permission;
2. Engage in unauthorized use of this service;
3. Make any modifications, adaptations, improvements, enhancements, translations or derivative works to this service;
4. Utilize this service for any revenue-generating activity, commercial enterprise or other purpose for which it was not designed or intended;
5. Provide this service over a network or other environment that allows multiple devices or users to access or use it simultaneously;
6. Use the Service to create products, services or software that directly or indirectly compete with or in any way replace the Service;
7. Use any proprietary information or any of our interfaces or other intellectual property rights in the design, development, manufacture, licensing or distribution of any application, accessory or device used in conjunction with this service;
8. Circumvent, disable, or otherwise interfere with the security-related features of the Service;
9. Participate in unauthorized design of or links to the Services;
10. Interfere with, obstruct, or unduly burden this service or networks or services associated with this service;
11. Decrypt, decompile, disassemble, or reverse engineer any software that comprises or in any way forms part of the Services;
12. Attempt to circumvent any measures in the Service that are designed to prevent or restrict access to the Service or any part of the Service;
13. Upload or distribute by any means files that contain viruses, worms, Trojan horses, corrupted files, or any other similar software or programs that may impair the operation of another's computer;
14. Use, launch, develop, or distribute any automated system, including, but not limited to, any spiders, bots, cheating tools, scrapers, or offline readers that access the Services, or use or launch any unauthorized scripts or other software;
15. Use this service to send automated queries to any website or to send any unsolicited commercial e-mail;
16. Demean, tarnish or otherwise harm us and/or this service in our opinion;
17. Utilize the service in a manner inconsistent with any applicable law or regulation; or
18. Otherwise violate these terms.
8. Additional Disclaimer of Warranties
a. Basic Disclaimer of Warranties
Unless otherwise mandated or prohibited by law, you expressly comprehend and concur that your utilization of the service is at your sole risk, and that the service and products are provided on an "as is" and "as available" basis. The company or its affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as any and all warranties relating to products or services provided by the businesses listed on the service.
In particular, the exempted party disclaims any warranty and expressly refuses to acknowledge any warranty:
1. This service will fulfill your request
2. This service will be uninterrupted, timely, secure, or error-free
3. The results (including data) that may be obtained from the use of the service will be accurate or reliable
4. The quality of any data or services provided in relation to this service will meet your expectations, and
5. Any errors in this service will be corrected
You access any materials obtained through the use of this service at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such materials.
We cannot guarantee and do not promise any specific results from the use of the Application and/or the Services. You also agree to assume the risk of interruption of the Services for any technical reason.
b. No Recommendations for Services
Any statements that may be made about the Services are for informational and entertainment purposes only and are not intended to replace or substitute for any professional financial, medical, legal, or other advice.
The Company makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability in connection with your reliance on representations or other information provided in or through the Services. If you have a specific concern or a situation arises that requires professional or medical advice, you should consult with a professional who is trained and qualified in such matters.
c. Changes in Website Information and Services
We may, in our sole discretion, adjust all information provided about this service without notice.
We may modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time in our sole discretion with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
9. Scope of Responsibility
9.1. In no event will we (and our affiliates) be liable to you or any third party for any lost profits or any indirect damages, consequential damages, exemplary damages, incidental damages, special damages, or punitive damages arising out of these terms or your use of, or inability to use, the services (including the apps or the content) and related products or third-party advertisements, even if we have been advised of the possibility of such damages. Access to and use of the services (including applications, content, and user content) and third-party advertisements is at your sole discretion and risk, and you will be solely responsible for any resulting damage to your computing system or loss of data.
9.2. Notwithstanding anything to the contrary in these Terms, you agree that the Company's aggregate liability to you for any and all claims arising out of your use of the Application, the Content, the Services, or the Products shall be limited to the amount paid by you to the Company for accessing and using the Services. The above limitation on damages is the basis upon which the Terms are agreed between the Company and you.
9.3. If you are a resident of the State of California, you hereby waive California Civil Code Section 1542, which provides that "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
9.4. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction.
10. Indemnification
You agree to indemnify and hold harmless the Company, its successors, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, and their respective officers, directors, employees, agents, and representatives, from and against any claim or demand made by any third party due to or arising out of (i) your use of the Services or Products, (ii) your User Content, or (iii) your violation of these Terms, and to reimburse them accordingly, including costs and attorneys' fees.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without our prior written permission. We will use reasonable efforts to notify you of any such claim, action, or proceeding when we become aware of it.
11. International Use
The Company makes no representation that access to or use of the Service is legal in your jurisdiction, and it is illegal to access and use the Service in areas where such access and use is prohibited. You access the Service on your own initiative and are responsible for compliance with local laws.
12. Waiver of Class Action
Waiver of Class Actions and Class Remedies
There is no right or authority to resolve any claim by class action, joint or consolidated action, or by arbitration or litigation on the basis of claims purporting to be brought on behalf of the public, other users of this service, or anyone else. The arbitrator may award relief only in favor of the individual seeking relief and shall be limited to the relief necessary to provide the remedy secured by the individual's claim.
The arbitrator may not award relief to any person who is not a party.
The arbitrator may not consolidate claims of more than one person or preside over any form of representative or class action. The waiver of class action and class relief is an essential part of this arbitration clause and is not severable.
By agreeing to arbitrate disputes under this Agreement, you agree to waive your right to a jury trial and to limit your right to appeal, and you understand that you are waiving your right to other available dispute resolution procedures, such as court action.
The arbitrator has no authority to award punitive damages.
13. Governing Law and Venue
13.1 These Terms are governed by the laws of Singapore (excluding subjects of law governed by conflict of laws principles).
13.2. If any action relating to any dispute under this Agreement is not referred to arbitration for any reason, the parties shall submit to the exclusive jurisdiction of the courts of Singapore for the resolution of any dispute arising out of or in connection with this clause, and accordingly the action must be brought in the courts of Singapore.
13.3. The parties irrevocably submit to the personal jurisdiction and venue of the courts of Singapore and waive any defenses to the doctrine of improper venue or inconvenient jurisdiction.13.4. If you are a resident of the European Union:
Nothing in these Terms will deprive consumers of the protection afforded by mandatory rules of law in your country.
For complaints, please send an email to contact.justfit@enerjoy.life. If you feel that your complaint has not been adequately resolved, you can (but are not obliged to) use the Online Dispute Resolution (ODR) platform (via http://ec.europa.eu/odr). Except as provided in the Terms, Enerjoy PTE.LTD. does not commit to participate in the development of any alternative dispute resolution program.
If the country of habitual residence is a member state of the European Union, you may refer any dispute that may arise under these terms and conditions to the competent courts of the country of habitual residence, which (to the exclusion of any other court) shall have jurisdiction to settle any such dispute. Enerjoy PTE.LTD. shall refer any dispute that may arise under these terms and conditions to the competent courts of the country of habitual residence of you.
You agree that the Service, the Terms and any dispute between you and Enerjoy PTE.LTD. shall be governed in all respects by the laws of Singapore without regard to choice of law provisions and not by the United Nations Convention on Contracts for the International Sale of Goods, 1980.
14. Other Provisions
14.1. Any delay or failure by us in exercising any of our rights in the event of your non-observance or non-performance of these Terms will not impair any such rights or be construed as a waiver of them, nor will any single or partial exercise by us of any right preclude any other or further exercise of that or any other right. Any waiver by us of the exercise of any right in respect of any breach by you of any covenant, condition or agreement shall not be construed as a waiver of the exercise of any right with respect to any subsequent breach of such covenant, condition or agreement, or any other covenant, condition or agreement contained in this Agreement.
14.2 In the event that any provision of these Terms is found to be invalid or unenforceable pursuant to Section 13, these Terms will remain in full force and effect and will be modified to become valid and enforceable, reflecting the intent of the Parties to the fullest extent permitted by law.
14.3. Unless otherwise expressly provided in this Agreement, these Terms constitute the entire agreement between you and the Company with respect to its subject matter and supersede all prior promises, agreements or representations, whether written or oral, with respect to such subject matter.
14.4. We may transfer or assign any and all of our rights and obligations under these Terms to any other person by any means, including by way of novation, and by accepting these Terms you consent to any such transfer or assignment by us. You acknowledge that sending you a version of these Terms in connection with the Service that names another person as a party to these Terms will constitute effective notice to you of the assignment of our rights and obligations under these Terms (unless otherwise expressly stated).
14.5. All information exchanged through the Service is considered to be an electronic communication. When you communicate with us through the Service or through other forms of electronic media, you are communicating with us electronically. You agree that we may communicate with you electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are the same as written communications and have the same effect as if they were in writing and signed by the party sending them. You further acknowledge and agree that by clicking on the links or buttons labeled "Submit," "Continue," "Register," "I Agree," or similar links or buttons, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these Terms. You hereby consent to the use of electronic signatures, contracts, orders and other records, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services.
14.6 The Company shall not be liable for any failure to comply with these Terms in any circumstances where such failure is due to factors beyond the Company's reasonable control.
15. Contact Information
If you wish to send any notices under these Terms, or if you have any questions about the Services and Products, have any legal queries, you can contact us at contact.justfit@enerjoy.life.I have read these terms and agree to all of the above.
Last updated: July 2024