Fitflex recognizes that privacy is important, and we value and take steps to ensure the privacy of our users. These Terms of Use apply to your use of the FITFLEX landing page, mobile applications on all platforms, EasyPaisa subscription services, and the related services we provide. These Terms of Use set out the basis upon which Fitflex Pvt. Ltd. located in Pakistan ("Fitflex", "we", "us" and related terms) agree to provide FITFLEX platform and related products and services (together, "FITFLEX") to a user ("you" and related terms such as "your").
If you do not agree to these Terms of Use and the rest of this Agreement you cannot use FITFLEX. This Agreement will form a binding legal contract between you and us.
We may change the terms of this Agreement from time to time. If you do not agree to the change, you must discontinue your use of FITFLEX. Your continued use of FITFLEX will constitute your acceptance of the change.
We may (but do not promise that we will) offer additional or amended elements of FITFLEX from time to time. Depending on the additional or amended element you may not be able to continue to use FITFLEX until you have downloaded an update and/or accepted any new or revised terms of this Agreement.
You must be, or must obtain the permission of, the owner of the device on which you download and access FITFLEX. You are responsible for your use of FITFLEX on or in relation to any device.
Certain functionality we offer within FITFLEX may be subject to additional terms and conditions ("Product Terms") which will be made available to you from the relevant functionality. In the event of any conflict or inconsistency between any such Product Terms and this Agreement, the relevant Product Terms shall take precedence.
In order to use FITFLEX you must register an account with FITFLEX. For this, you must be:
(a) At least eighteen (18) years of age or greater age required to register for and use FITFLEX or related Services. If you are not old enough to have legal authority to agree to these Terms of Use, your parent or guardian must agree to our Terms of Use on your behalf; and
(b) An individual, not a company or commercial entity, and a non-business user.
If you do not comply with these requirements you cannot register for or use FITFLEX. You may only register for and hold one account.
Registering may require you to provide certain information including but not limited to your name, mobile number (MSISDN), EasyPaisa-linked account information, email address, and other information requested during registration or subscription.
You promise that the information which you provide to us in connection with your registration and account ("Your Data") is truthful, accurate and complete. You must keep Your Data in your account updated.
Your Data and other information which we receive or generate in connection with FITFLEX may contain information about living individuals ("Personal Data"). We will use Personal Data in accordance with the Privacy Policy. It is important that you read the Privacy Policy before you register as it governs what we may do with your Personal Data.
Subject always to your compliance with the terms of this Agreement, FITFLEX permits you to use FITFLEX provided that:
(a) Your use of FITFLEX is solely for your own personal use and you therefore must not attempt to resell or charge others for use of or access to FITFLEX or use it for any business purposes; and
(b) You must not, nor attempt to replicate, transfer, give access to or re-distribute any part of FITFLEX by any means or in any media.
We shall close your account if subscription payments remain unpaid for a period of one (01) month and terminate this Agreement after intimation.
Including when required by law or by our partners including payment service providers and EasyPaisa, we may require you to provide evidence of government-issued photo or other ID in an approved form and reserve the right to suspend or terminate your account and/or your use of FITFLEX if such ID is not provided to our reasonable satisfaction.
FITFLEX is provided to you on an "as is" and "as available" basis only. From time to time, we may modify FITFLEX automatically and without notice.
You must comply with all the terms of this Agreement and applicable laws when using FITFLEX.
You are responsible for your use of FITFLEX including content (such as images, videos, social media content etc.) which you post, submit or send to FITFLEX ("Your Content"). Your Content must at all times comply with the usage policy for FITFLEX set out in Clause 6 below.
At FITFLEX, your safety is our utmost concern. Before engaging in any fitness, wellness, or dietary programs ("Programs") available through our Services, it is imperative to consult with your healthcare provider(s) to assess associated risks. By using our Services, you confirm that you have obtained your physician's consent for participation in the Programs and any related activities. Additionally, you agree that consulting your physician before making dietary changes based on information from our Services is essential. Given the diversity in individual conditions and abilities, engaging in Programs and associated activities is at your own risk. Even individuals in good health may encounter risks, and your voluntary participation implies assuming all associated risks.
Except as otherwise specified in these Terms, to the maximum extent allowed by applicable law, FITFLEX is not liable for any injury, illness, or damages resulting from your use or inability to use any Services or features, including Content or activities accessed through our Services, regardless of causation by FITFLEX or others' actions or negligence.
We make no assurances about the accuracy, reliability, completeness, or timeliness of any Content available through our Services, and we do not commit to updating such Content.
Our food database ("Food Database") contains nutritional information provided by FITFLEX and its members. FITFLEX does not guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database. Under no circumstances is FITFLEX responsible for any loss or damage resulting from reliance on nutritional information. You are solely responsible for ensuring the accuracy, completeness, and usefulness of nutritional information in the Food Database.
FITFLEX does not verify the licensing of users who identify as professional trainers or dieticians in all applicable jurisdictions. Users must consider the risk associated with relying on advice from users who may not be licensed where they offer their services. FITFLEX assumes no responsibility for any loss or damage resulting from reliance on information or advice provided by users.
All services provided through our Services, including Content, are for informational purposes only. FITFLEX is not a medical professional and does not provide medical services or advice. Information on or through the Services should not be construed as medical advice or diagnosis. Using the Services does not establish a doctor-patient relationship between you and FITFLEX.
Consult a physician or medical professional with any health-related questions before starting dietary programs, exercise regimens, or other fitness and wellness activities referenced in the Services. If you are undergoing treatment, taking prescription medication, or following a therapeutic diet, consult your physician before using the Services. Represent that you are not using the Services for seeking medical attention and agree to consult your physician before using the Services, especially if at risk for exercise or diet-related issues. Follow your physician's advice if information from the Services conflicts with their advice.
Specialized Content, such as coaching and guidance on fitness regimens and meal planning ("Plans"), is not a medical or health service. Plans are not a substitute for healthcare diagnosis and treatment. Seek advice from licensed healthcare professionals for dietary or health conditions. Interactions with Plans do not create a physician-patient relationship or fiduciary duty. You are solely responsible for interactions with Plans.
The Services aim to provide information to support your wellness and fitness activities. Activity Tracking Services track physical movements and dietary activities, relying on data from various sources. Acknowledge that FITFLEX is not responsible for inaccuracies in data provided by Activity Tracking Services, including calorie and nutritional values data
You always retain ownership of Your Content but:
(a) by posting, submitting or sending Your Content to FITFLEX you grant us (and our contractors and suppliers) a license at no cost to, and to permit our contractors and suppliers to, disclose the data to law enforcement agencies and any other authorized officers authorized by Pakistan Telecommunication Authority (PTA) under applicable laws, if required.
Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software in FITFLEX into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited except to the extent permitted by law.
FITFLEX reserves to itself and Partner. All rights in and to FITFLEX not expressly granted to you in this Agreement.
The FITFLEX name and trademarks (including all related branding, logos and domain names) are the sole and exclusive property of Fitflex.
Anyone who believes that their intellectual property or related rights are infringed by any content on the FITFLEX should contact us and provide the Partner with all relevant information in writing including:
(a) Identification of the content which is claimed to be infringed and its location on FITFLEX;
(b) Which rights are claimed to be infringed by that content; and
(c) The complainant's full contact details (including physical address, telephone number, and email address).
Without prejudice to the legal rights, further information and actions may be requested before steps can be taken by the Partner.
We reserve the right to suspend or cancel your access to FITFLEX any time at our absolute discretion.
You agree that at all times:
(a) Your Content shall not:
(i) be pornographic or obscene, or contain sexually explicit content or child pornography;
(ii) Defame or denigrate, nor impersonate or misrepresent, other persons;
(iii) Infringe privacy, applicable law or rights of publicity or confidentiality;
(iv) Incite racial or religious hatred;
(v) Threaten, harass, intimidate or incite violence against any individual or group;
(vi) be unlawful or encourage unlawful activity including use or sale of prohibited drugs, terrorism or crime; or
(vii) Advertise or promote business, political or religious activities;
(viii) contain any material which may breach or cause to breach national security or national integrity;
(b) You should not, nor attempt to interfere with or disrupt the operation of FITFLEX and must notify us immediately of any breach of security or unauthorized use of FITFLEX of which you become aware; and
(c) You shall not, nor attempt to, use FITFLEX or any third-party service accessible via FITFLEX:
(i) in any manner which is unlawful or inconsistent with this Agreement or fraudulent, malicious, illegal, or in breach of applicable law, including by hacking or inserting a virus, worm, malicious code or harmful data into FITFLEX, or could otherwise threaten or compromise the security or integrity of our systems;
(ii) Through any automated means or in any manner that could damage, disable, impair or seek to obtain unauthorized access to our systems or interfere with ot
(iii) To collect, scrape or harvest information or data from any user or our systems or attempt to interfere with transmissions to or from the servers running FITFLEX;
(iv) For any commercial or business activity including to send spam or other unsolicited or bulk communications or any form of commercial communications or marketing; or
(v) To make unauthorized use, copies or distribution of content obtained via FITFLEX or to transmit counterfeit or pirated material nor otherwise infringe the intellectual property or related rights of FITFLEX or any third party. YOUR COMPLIANCE WITH THE ABOVE IS AN IMPORTANT LEGAL OBLIGATION AND YOU SHOULD CONSIDER IT CAREFULLY. If you have any questions about the above, please contact us.
If you breach Clause 6.1 above you will be in breach of this Agreement and in addition to our rights of termination of this Agreement under Clause 7 below:
(a) We may take legal action against you; and
(b) You may have additional legal liability, not just to us, but also to other users, the providers of Content displayed in Official Accounts and other third parties (together, the Additional Parties) who may also take action against you. You will indemnify Fitflex, will be liable to damages and you also agree to compensate the Additional Parties for any loss or damage that we or the Additional Parties may suffer arising out of your breach of Clause 5.1 and for any other breach of this Agreement, improper use of FITFLEX and/or breach of any law or the rights of a third party from your account.
We shall determine compliance with the Usage Policy at our sole discretion, acting reasonably. We may (but do not promise that we will) disable and/or delete Your Content which we deem to be in violation of this policy, harmful, or otherwise inappropriate.
(a) Monthly Subscription: When you subscribe to the monthly package, you will gain access to the Service. An initial charge of Rs. 1 may be collected as a trial charge to activate your subscription and complete account linking.
(b) The Rs. 1 trial charge does not represent the full subscription fee. The full subscription fee of PKR 300 per month will be charged after the trial period unless you cancel your subscription before the trial period ends.
Your subscription to FITFLEX grants you access to the Services based on the monthly package selected. The subscription automatically renews every month unless canceled in accordance with these Terms.
Payments for subscriptions are processed through EasyPaisa and its authorized payment partners. The Rs. 1 trial charge may be collected at activation. Unless you cancel before the trial period ends, PKR 300 will be charged after the trial period and subsequently at the beginning of each monthly billing cycle.
(a) During the Trial Period: You may cancel your subscription through the EasyPaisa application before the trial period ends. If you cancel during the trial period, the PKR 300 subscription fee will not be charged.
(b) During the Subscription Period: You may cancel your subscription through the EasyPaisa application at any time. Cancellation will prevent future recurring charges. If a monthly subscription payment has already been processed, it will not be refunded.
(c) Termination and Suspension:
(i) Subject always to Clause 8.3, you may terminate this Agreement at any time by canceling your subscription through the EasyPaisa application.
(ii) Subject always to Clause 2.7, we may terminate this Agreement on immediate notice provided to you in accordance with Clause 10.2 if:
You are in material or persistent breach of any provision of this Agreement.
We intend to cease providing FITFLEX (in whole or in part).
(iii) Termination of this Agreement:
Will mean that you will no longer be able to access and use FITFLEX.
Will require you to immediately delete or remove FITFLEX from your device.
FITFLEX has a no-refund policy. Once the PKR 300 subscription payment is processed, it is non-refundable, except where required by applicable law or in cases of a verified billing error.
FITFLEX reserves the right to modify subscription terms, including pricing, at any time. Any changes will be communicated to you in advance, and continued use of the Service following such changes constitutes your acceptance of the new terms.
"Feedback" shall mean any input regarding our products and/or services (including FITFLEX), including changes or suggested changes to our current or future products and/or services.
All Feedback provided by you shall not be considered confidential information and shall be received and treated by us on a non-confidential and unrestricted basis.
You agree that FITFLEX and partner. shall have and retain all ownership and intellectual property rights (including all derivatives or improvements thereof) in and to any Feedback provided by you or any other party, and acknowledge that we may use the Feedback for any purpose, including but not limited to incorporation or implementation of such Feedback into a FITFLEX product or service, and to display, market, sublicense and distribute such Feedback as incorporated or embedded in any product or service distributed or offered by us.
To the extent permitted by applicable law, FITFLEX does not make any representations, warranties or guarantees to you regarding Fitflex, including, but not limited to, its quality, functionality, availability, accessibility or performance. Fitflex is provided to you on an "as is" and "as available" basis. Fitflex does not assume liability for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App. If you are not satisfied with the quality, functionality, availability, accessibility or performance of Fitflex, you may cancel your account as set out in clause 7.1 above. In jurisdictions that prohibit the disclaimer of implied warranties or the exclusion of certain warranties, FITFLEX shall disclaim and exclude warranties to the maximum extent permitted by law. This clause 8 shall survive the termination of this Agreement.
Liability of Fitflex will be limited and it shall not be liable for any claims, proceedings or actions brought or made against the Partner by any third persons pursuant to a contractual relationship with you. Other than as provided above, Fitflex affiliates will not be liable to you for any loss or damages, including without limitation, any indirect, incidental, special, exemplary, punitive or consequential damages. This clause 9 shall survive the termination of this agreement.
Notifications of claimed copyright infringement and counter notices must be sent to our designated copyright agent at customer.support@fitflexapp.com
We are only able to accept notices in the languages in which we make this Agreement available.
We will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent in accordance with applicable laws.
We cannot and do not judge or arbitrate disputes between users of FITFLEX or between users and third parties. You must settle any disputes directly with other users and third parties.
Unless otherwise specified, any notices that you are required to give us under this Agreement should be sent to customer.support@fitflexapp.com
We may send any notices that we are required to give you under this Agreement by any of the following methods:
posting to your account;
email to the email address you have provided to us;
SMS notifications to your registered mobile number; and/or
placing a notice on FITFLEX or the FITFLEX landing page.