Energize Terms of Service

Effective Date: 23 Sep 2024
Last Updated: 23 Sep 2024

Welcome to Energize, a mobile fitness app designed to help you achieve your fitness goals through personalised workout plans and health insights. These Terms of Service (“Terms”) govern your use of the Energize app and its related services. By accessing or using Energize, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the app.

1. Acceptance of Terms

By accessing or using Energize, you confirm that you are at least 18 years old or have the consent of a parent or legal guardian to use the app. By continuing to use the app, you agree to these Terms, our Privacy Policy, and any other policies or agreements referenced herein.

2. Use of the Service

Energize grants you a non-exclusive, non-transferable, revocable license to use the app for personal, non-commercial purposes in accordance with these Terms. You agree to use the app in compliance with all applicable laws and regulations and not to:

• Modify, copy, distribute, or create derivative works based on Energize.
• Use the app for any unauthorised commercial purpose or engage in activities that could damage or impair its functionality.
• Reverse engineer, decompile, or attempt to extract the source code of the app.

3. User Accounts

To use certain features of Energize, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

Energize reserves the right to suspend or terminate accounts that violate these Terms or engage in harmful behavior toward the app or other users.

4. Subscription and Fees

Some features of Energize may require a paid subscription. Subscription fees, if applicable, will be clearly indicated at the time of purchase. All fees are non-refundable except as required by law or as specified in specific promotional terms. Subscription services will automatically renew unless you cancel your subscription before the renewal date.

5. Health and Safety Disclaimer

Energize provides fitness recommendations based on the data you provide, but it is not a substitute for professional medical advice, diagnosis, or treatment. Always consult with a healthcare provider before starting any exercise program, especially if you have underlying medical conditions.

• You agree that your use of Energize is at your own risk.
• Energize is not responsible for any injuries or health issues that may result from your use of the app.

6. Intellectual Property Rights

All content, features, and functionality within the Energize app, including but not limited to text, graphics, logos, and software, are the intellectual property of Energize or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

You may not use, reproduce, or distribute any content from the app without obtaining prior written permission from Energize.

7. User-Generated Content

You may be able to upload or submit content such as workout routines, comments, or other materials (“User Content”). By submitting User Content, you grant Energize a worldwide, non-exclusive, royalty-free, fully sublicensable license to use, reproduce, distribute, display, and modify your content for the purposes of operating and improving the app.

You are solely responsible for your User Content and must ensure that it does not infringe upon any third-party rights or violate applicable laws.

8. Location-Based Services

Energize may use location data to provide personalised fitness recommendations. By using the app, you consent to Energize accessing and using your device’s geolocation data as outlined in our Privacy Policy. You may disable location services in your device or app settings, but this may limit the app’s functionality.

9. Data Collection and Privacy

Your use of Energize is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the app, you agree to the terms of the Privacy Policy.

10. Limitation of Liability

To the fullest extent permitted by law, Energize and its affiliates, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the app, including but not limited to damages for personal injury, loss of data, or business interruption.

• Energize provides the app on an “as is” and “as available” basis. We make no warranties regarding the accuracy, completeness, or reliability of the content and services provided.

11. Indemnification

You agree to defend, indemnify, and hold Energize and its affiliates harmless from any claims, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the app, any User Content you submit, or any breach of these Terms.

12. Changes to the Terms

Energize reserves the right to modify these Terms at any time. We will notify you of any significant changes by posting an updated version of the Terms in the app or via email. Continued use of the app after any such changes constitutes your acceptance of the revised Terms.

13. Termination

Energize may suspend or terminate your account or access to the app at any time for violating these Terms or for any other reason at our discretion. Upon termination, your right to use the app will cease immediately. If you wish to terminate your account, you may do so by contacting customer support.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction]. Any disputes arising out of or related to these Terms or your use of the app shall be resolved through binding arbitration in [Insert Location], and you waive any right to participate in class action lawsuits.

15. Contact Us

If you have any questions or concerns about these Terms, please contact us:

Email: [Insert Contact Email]

Phone: [Insert Contact Phone Number]

Mailing Address: [Insert Mailing Address]

Summary of Key Terms:

1. License: Users get a non-transferable, personal license to use the app.
2. User Accounts: You are responsible for securing your account information.
3. Subscription Fees: Some features require paid subscriptions.
4. Health Disclaimer: Always consult with a healthcare provider before using fitness programs.
5. Intellectual Property: All content within the app belongs to Energize or its licensors.
6. Limitation of Liability: Energize is not responsible for any injuries or data loss.