TERMS OF USE


Preambule

The Chronofit mobile application is a mobile application where users sign up to … (‘Chronofit’).

Chronofit provides users with guidance and information on how to improve their fitness, health and nutrition, but Chronofit is not a medical organisation, and users should not rely on this guidance and information as a substitute for, professional, medical advice, diagnosis, or treatment.


Parties

This agreement (the ‘Agreement’) is entered by and between:

 1) Chronofit mobile application represented by Cao Tri Do, full professional address, France.

And

 2) User of the Chronofit mobile application (hereinafter referred to as ‘You’ or ‘Your’ or ‘Yourself’).

If You are entering into this Agreement on behalf of a business organization, research institution or entity, you warrant that you are duly authorized to bind that entity to this Agreement.


Agreement between You and Chronofit

The Agreement consists of the below terms and conditions, as well as the Chronofit Privacy Policy.

The access to the Chronofit mobile application is granted to You subject to Your acceptance without restrictions or modification of the Agreement and the terms, conditions and notices contained therein.

The simple use by You of the Chronofit mobile application constitutes Your acceptance of the Agreement and the terms and conditions, and notices contained therein.


Modification of these terms of use

Chronofit mobile application reserves the right to change the terms, conditions, and notices under which the Chronofit mobile application is offered, including but not limited to the charges associated with the use of the Chronofit mobile application. Changes are effective upon posting an updated version of this Terms of Use on Chronofit.net. You are responsible for regularly reviewing this Terms of Use agreement. Continued use of the Chronofit mobile application after any such modifications to the Terms of Use shall constitute your consent to such modifications.


Links to third parties

You understand that Chronofit uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and other technology required to run the service.


No unlawful or prohibited use

As a condition of Your use of the Chronofit mobile application, You warrant to Chronofit that You will not use the Chronofit mobile application for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You may not use the Chronofit mobile application in any manner which could damage, disable, overburden, or impair the Chronofit mobile application or interfere with any other party's use and enjoyment of Chronofit. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Chronofit mobile application.


Personal data protection

The handling and protection of the personal data of the Chronofit mobile application is governed by the terms hereof and the provisions of French, European and international law on the protection of individuals with regard to the processing of personal data, as well as Decisions of the French Data Protection Authority, as specified in the Chronofit Privacy Policy.


Proper use of Chronofit

You agree that by using the Chronofit mobile application, You are responsible for all of your activity in connection with Chronofit . By using the Chronofit mobile application, You warrant that:

  • You are a human, and not a computer service or automated ‘bot’,
  • You are at least 16 years of age. If You are under age 16, You may not, under any circumstances or for any reason, use the Chronofit mobile application. Chronofit may, in its sole discretion, refuse to offer the Chronofit service to any person or entity and change its eligibility criteria at any time,
  • You provide accurate and valid information requested during the registration process,
  • You will use the Chronofit service only for lawful purposes.

Notice to parents and guardians: Users are responsible for monitoring and supervising their child’s use of Chronofit. If your child is using Chronofit and is under age 16, please contact us immediately so that we can disable his or her access. If you have questions about the Chronofit mobile application service, please contact us at contact@chronofit.net.

You agree that by using the Chronofit mobile application, You will not (and will not permit a third party to) (the following list is presented as example and is without limitation):

  • Violate, or attempt to violate, the security of the Chronofit mobile application,
  • Reproduce, duplicate, copy, sell, resell or exploit any portion of the Chronofit mobile application, use of the Chronofit mobile application, or access to the Chronofit mobile application without the express written permission by Chronofit,
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. You represent and warrant that You have all the rights, power and authority necessary to grant the intellectual property rights granted herein to any content submitted.
  • Either a) take any action or b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Chronofit mobile application, including without limitation and use content, that:
    • Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty,
    • You know is false, misleading, untruthful or inaccurate,
    • Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, otherwise harms a third party, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion,
    • Constitutes unauthorized or unsolicited advertising, junk or bulk email (spamming),
    • Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Chronofit or of any third party,
    • Impersonates any person or entity, including any of our representatives,
    • Includes anyone’s identification documents or sensitive financial information.
  • Create a deceitful website or mobile application to imply association with the Chronofit mobile application,
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless specifically allowed by Chronofit, or by its representative,
  • Download any file posted by another user of Chronofit that You know, or reasonably should know, cannot be legally distributed in such manner,
  • Restrict or inhibit any other user from using and enjoying the Chronofit mobile application,
  • Violate any code of conduct or other guidelines which may be applicable,
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent,
  • Violate any applicable laws or regulations.

You agree that you are responsible for Your own use of the Chronofit mobile application, and for any consequences thereof.

Chronofit has no obligation to monitor the Chronofit's feed. However, Chronofit reserves the right to terminate Your access to any or all of the Chronofit mobile application services at any time without notice for any reason whatsoever.

Chronofit does not control or endorse the content, messages or information found on the Chronofit’s feed, and, therefore, Chronofit specifically disclaims any liability with regard to the Chronofit’s feed and any actions resulting from Your participation in the Chronofit’s feed.


Use of the Chronofit service

Chronofit cannot guarantee that any results in the form of physical or health transformation, weight loss or fitness results or improvements shall arise from using of the Chronofit mobile application or associated products, whether provided by the Chronofit provider or third parties associated to Chronofit.

You should consult a physician before beginning a new fitness or nutritional program. Our workouts and exercises should not be misconstrued as medical advice, diagnoses or treatment. If You have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. The use of any information or programs provided on the Chronofit mobile application is solely at Your own risk.

Chronofit is intended for use only by individuals healthy enough to perform strenuous exercise. In becoming a user of Chronofit, You affirm that a physician has specifically approved Your use of the Chronofit mobile application, OR that all of the following statements are true:

  • No physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician,
  • You have never felt chest pain when engaging in physical activity,
  • You have not experienced chest pain when not engaged in physical activity at any time within the past month,
  • You have never lost your balance because of dizziness and you have never lost consciousness,
  • You do not have a bone or joint problem that could be made worse by a change in your physical activity,
  • Your physician is not currently prescribing drugs for your blood pressure or heart condition,
  • You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems,
  • You do not have a condition of high-cholesterol, diabetes, obesity or arthritis, and
  • You do not know of any other reason you should not exercise.

If applicable, You further affirm that (A) you are not pregnant, breastfeeding or lactating, or (B) Your physician has specifically approved Your use of the Chronofit mobile application.

You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. Chronofit reserves the right to deny You access to the Chronofit mobile application for any reason or no reason, including if Chronofit determines, in its sole discretion, that You have certain medical conditions.

You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Chronofit mobile application, You acknowledge and agree that Your performance of any and all exercises or activities recommended by Chronofit is wholly at Your own risk. Neither Chronofit nor any of its trainers and employees will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises. While Chronofit may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, You assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. Chronofit encourages You to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if You are new to any of the forms of training or activity you seek to perform.

Chronofit is not responsible for the accuracy, availability or usefulness of any information provided on the web site and application by the, third parties or other users of Chronofit during the use of the mobile application.


Liability disclaimer

Chronofit is not responsible for any incorrect or inaccurate content posted on the Chronofit's feed. The Chronofit mobile application may be temporarily unavailable from time to time for maintenance or other reasons. Chronofit assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Chronofit is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Chronofit mobile application, including injury or damage to users or to any other person’s computer related to or resulting from use of Chronofit. The Chronofit service is offered “as is” and Chronofit does not guarantee that any specific results will come from using Chronofit. Chronofit is not liable to you or any third party for any direct or indirect damage or lost profit that can come from your usage of Chronofit, even when Chronofit has been notified of the possibility of such damage.

The information, software, products, and services included in or available through the Chronofit mobile application may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Chronofit may make improvements and/or changes in the Chronofit's feed at any time. Advice received via Chronofit should not be relied upon for personal, medical, legal or financial decisions and You should consult an appropriate professional for specific advice tailored to Your situation.

Chronofit makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Chronofit's feed for any purpose to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind, without prejudice to those obligations resulting from the activities as the data processors. Chronofit hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Chronofit and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Chronofit, with the delay or inability to use Chronofit or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through Chronofit, or otherwise arising out of the use of the Chronofit mobile application, whether based on contract, tort, negligence, strict liability or otherwise, even if Chronofit or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. If You are dissatisfied with any portion of the Chronofit mobile application, or with any of these terms of use, Your sole and exclusive remedy is to discontinue using the Chronofit mobile application.


Termination/Access restriction

Chronofit reserves the right, in its sole discretion, to terminate Your access to the Chronofit mobile application and the related services or any portion thereof at any time, without notice. In particular, Chronofit reserves the right to terminate Your access to the Chronofit mobile application and the related services when You don’t comply with this Agreement.

You may terminate this Agreement at any time and for any reason by closing your Chronofit account.


General

Chronofit’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Chronofit’s obligation to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Chronofit mobile application or information provided to or gathered by Chronofit with respect to such use.

To the maximum extent permitted by law, this agreement is governed by the French laws and You hereby consent to the exclusive jurisdiction and venue of courts in Marnaz, France, in all disputes arising out of or relating to the use of the Chronofit mobile application.

Use of the Chronofit mobile application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Chronofit as a result of this agreement or use of the Chronofit mobile application.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Chronofit with respect to the Chronofit mobile application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Chronofit with respect to the Chronofit mobile application.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents shall be drawn up in English.


Privacy & personal data notices

Chronofit has implemented a Privacy Policy, with detailed explanation on how Your personal data will be stored and used. For more information, please read our Privacy Policies


Children’s privacy

You must be at least 13 years of age to use our Services and provide us with any of your personal information. ChronoFit does not intentionally collect or process any personal information from children under 13 years of age.

If you are 13 or older, but not an adult, meaning you are not at least the legal age of consent where you reside, you may not provide any personal information or use Our Services without consent of your parent or legal guardian who has agreed to be bound by Our Terms of Use.

If you are a parent or a legal guardian agreeing to Our Terms of Use on behalf of a child between the ages 13 and 18 (or the applicable legal age in your jurisdiction), you agree to supervise his or her use of Our Services and be fully responsible for any legal liability such use may incur as well as any information your child may provide.

In the event that we discover that a child under 13 has provided us with personal information without prior permission or parental consent, we will delete that information.

If you believe that your child has provided us with personal information, please contact us at contact@chronofit.net.


Copyright notices

Chronofit retains all intellectual property rights in their respective services, content and Software.

You acknowledge that Chronofit is licensed to you and that Chronofit retains ownership of all right, title and interest to the Chronofit mobile application, the Chronofit design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agree not to I) copy, modify, or reverse engineer Chronofit’s hardware, software, or design, make derivative works based upon Chronofit, or use Chronofit to develop any services, without Chronofit’s prior written approval or II) sell, license, rent, or transfer Chronofit to any third party.

Except as expressly set forth in this Agreement, this Agreement does not grant either Party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property.


Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Except as expressly set forth in this Agreement, this Agreement does not grant either Party any rights, implied or otherwise, to the other’s content or any of the other’s trademarks.


Indemnification

You agree to hold harmless and indemnify Chronofit, and any of the parties involved in Chronofit, or their subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to: (a) Your use of the Chronofit mobile applicaton, (b) Your breach or alleged breach of any of the terms, restrictions, obligations or representations under this Agreement, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Chronofit or any party involved in Chronofit will provide you with written notice of such claim, suit or action.


Contact information

contact@chronofit.net