Terms of Service
These Terms of Service define the rules for operating the Fit Aura platform, the website fitaura.io, and related services, regardless of the manner in which they are distributed, transmitted, published, or broadcast (each referred to as a "Service", and collectively as "Services" or "Platform"). Please read the following terms carefully ("Terms of Use", "Terms of Service").
The Terms of Use mentioned in this document or elsewhere on the Platform govern access to and use of the Platform and Services. These Terms of Service constitute a legal agreement between the User and Fit Aura and apply to all users, whether they are Fit Aura Members (defined below) or visitors to the Platform (collectively "Fit Aura Users").
The Terms of Use limit Fit Aura’s ("We", "Us", or "Our") liability and obligations to the User, grant us certain rights, and allow us to change, suspend, or terminate the User’s access to the Platform and Services and their use.
The Terms of Use mentioned in this document or elsewhere on the Platform govern access to and use of the Platform and Services. These Terms of Service constitute a legal agreement between the User and Fit Aura and apply to all users, whether they are Fit Aura Members (defined below) or visitors to the Platform (collectively "Fit Aura Users").
The Terms of Use limit Fit Aura’s ("We", "Us", or "Our") liability and obligations to the User, grant us certain rights, and allow us to change, suspend, or terminate the User’s access to the Platform and Services and their use.
THE USER UNDERSTANDS THAT BY USING THE PLATFORM, THEY AGREE TO ABIDE BY THESE TERMS OF SERVICE. IF THE USER DOES NOT ACCEPT THESE TERMS IN FULL, THEY MAY NOT ACCESS OR USE THE PLATFORM.
1. Rights and Registration
To access certain features of the Services, the user will create a Fit Aura account and become a "Fit Aura Member". When creating an account, the User must provide accurate and complete information. The User agrees to promptly update their account information with any new information. The User authorizes Fit Aura, directly or through third parties, to make any inquiries we deem necessary or appropriate to verify account information. Our Privacy Policy contains information about our policies and procedures for collecting, using, and disclosing data received from Users.
It is prohibited to use false identities or impersonate others or use a username, email address, social media account, or password to which one is not authorized. We reserve the right to request a change of username for any reason and may do so at any time.
The User is responsible for protecting and maintaining the confidentiality of their username, email address, social media account linked to the account, password, and related account information. The User agrees not to disclose their password to anyone. The User agrees to bear full and sole responsibility for all activities undertaken within the account, whether or not the User authorized such activities. You agree to notify Us immediately of any unauthorized use of your account.
2. Subscription
Fit Aura Members may have access to certain Fit Aura features for a given period through the Platform by paying a monthly subscription fee ("Subscription Fee").
We reserve the right to adjust the prices of our services or their components in any manner and at any time, at our sole discretion. Unless otherwise expressly stated in these Terms of Use, any price changes to the Services will take effect according to the time frame specified in a notice we post on our Platform.
The Subscription Fee for the Service will be charged at the beginning of the paid subscription period, and then every subsequent month unless you cancel the subscription.
The User may cancel the subscription at any time and will continue to have access to the Services until the end of the current billing period. Upon cancellation of the subscription, access to features will be blocked at the end of the current billing period.
3. Refund Policy
Refunds for subscriptions are not accepted if the user has already used any of the features available on the platform. Using the platform’s functionality means that digital services have been started, for which we incur costs associated with using external APIs. The User is entitled to a refund within 14 days of purchase, provided that no functionality of the platform has been used. To request a refund, please contact us at contact@fitaura.io.
All refunds are processed by the external payment provider, Paddle. (paddle.com). You can review their refund policy on their website. paddle.com/legal/checkout-buyer-terms.
4. Meal Plans, Recipes
Personalized meal plans and recipes provided by fitaura.io are generated using ChatGPT, an artificial intelligence (AI) system. By using the Platform, you accept that meal plans and recipes are generated using AI, and fitaura.io is not responsible for the outcome of their use. Meal plans are generated based on the information provided by the user. It is your responsibility to ensure the accuracy of the information you provide. Although we strive to provide accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or suitability of meal plans and recipes for your specific needs. We recommend consulting with a healthcare professional before making any significant changes to your diet.
We do not guarantee that any content will be made available through the Platform continuously or at all. We do not endorse any opinions, recommendations, or advice expressed therein, and the User agrees to waive, and hereby waives, any legal claims in relation to them.
5. Account Closure
You may close your account at any time and for any reason. Upon termination by a Fit Aura member, the associated account will no longer be accessible. Upon termination, you understand and acknowledge that we will no longer be obligated to provide the Services, and any licenses and other rights granted to you under these Terms of Use will immediately terminate. We will not be liable to you or any third party for the termination of the Platform or Services or the termination of their use. UPON TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS, OR INFORMATION YOU SUBMITTED ON THE PLATFORM OR IN CONNECTION WITH YOUR ACCOUNT MAY NO LONGER BE AVAILABLE. Furthermore, we will have no obligation to retain any information related to your account in our database or to provide any information to you or any third party. Any suspension, termination, or cancellation will not affect your obligations to Us under these Terms of Use.
6. Closure or Suspension of the Platform and Modification of these Terms
We reserve the right, at our sole discretion, to modify, close, or suspend the Services or to modify or terminate these Terms of Use without prior notice. Modifications to these Terms of Use or any policies will be posted on the Platform or made in accordance with any notification requirements specified in these Terms of Use. If any modification is unacceptable to the User, the User’s sole remedy is to discontinue use of the Services. By continuing to use the Services after any modifications have been posted, the User accepts and agrees to the modifications.
Without limiting other remedies, we may, at any time, suspend or close your account and deny access to the Platform. Additionally, we may notify authorities or take any actions we deem appropriate without notifying you if we suspect or determine, at our sole discretion, that you may have (i) failed to comply with any provision of these Terms of Use; or (ii) are engaged in activities that may be illegal or cause liability, harm, harassment, abuse, or disruption to you, Users, Us, or any other third parties or Services.
7. User Obligations
The Platform and Services may be used and accessed only for lawful purposes. You agree to comply with all applicable local, national, and international laws, treaties, and regulations in connection with your use of the Platform and Services. Furthermore, without limitation, you agree that you will not engage in any of the following actions while using the Platform or Services: Bypass, disable, or otherwise interfere with Platform features related to security or features that restrict or limit the use or copying of any content; Use any meta tags or other hidden text or metadata utilizing Fit Aura’s trademark or logo, URL, or product name; Interfere with or disrupt (or attempt to interfere with or disrupt) any websites available on the Platform, servers, or networks connected to the Platform, Services, or fail to comply with the requirements, procedures, policies, or regulations of networks connected to the Platform or Services; Attempt to probe, scan, or test the vulnerability of any system or network or breach, weaken, or circumvent any security or authentication measures protecting the Platform or Services; Attempt to decrypt, decompile, reverse engineer any software (and files) used by and/or to deliver the Services; Collect or store personal data about other Users without their explicit consent; Impersonate or falsely represent your affiliation with any person or entity through impersonation or other form of social engineering or otherwise commit fraud; Use the Platform or Services in any way prohibited by these Terms of Use; Encourage or instruct any other person to engage in any of the foregoing actions or to breach any of the terms of these Terms of Use.
8. Indemnification
The User agrees to defend, indemnify, and hold Us, our partners harmless from any claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable attorneys' fees and costs of defense, arising from or in any way related to: (i) the User’s access to or use of the Platform; (ii) the User’s breach of these Terms of Use; (iii) the User’s violation of any third-party rights, including, but not limited to, intellectual property rights, rights of publicity, confidentiality, ownership, or privacy; or (iv) any claims that any content posted by the User on the Platform caused harm to a third party, including, but not limited to, claims that the materials submitted by the User infringe on the law. With respect to (i), (iii), and (iv) in this section, the indemnification obligation applies to the User’s actions on the Platform at any time.
9. Disclaimer of Liability
The Services and any content provided through the Platform are provided "as is," without any warranties. We expressly disclaim all warranties, whether express or implied, regarding the Platform, including any implied warranties of merchantability, availability, fitness for a particular purpose, or non-infringement. Furthermore, we make no representations or warranties that the Services will be error-free or that any errors will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
10. Limitation of Liability
Under no circumstances shall we be liable to the User or any third party for any indirect or direct damages arising from the use of the Platform, including, without limitation, for injuries or damages resulting from the actions of any User, whether online or offline, even if we have been advised of the possibility of such damages. We are not responsible for the consequences of any interruptions or errors related to the Platform, whether planned or unplanned service interruptions.
11. Force Majeure
We shall not be liable to the User for any failure or delay in performing our obligations under this Agreement due to events beyond our reasonable control, which may include, but are not limited to, DDoS attacks, strikes, riots, uprisings, fires, floods, storms, explosions, natural disasters, wars, terrorism, government actions, working conditions, earthquakes, material shortages, internet outages, or extraordinary connectivity issues experienced by major telecommunications providers (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be relieved from performing our obligations related to the Force Majeure Event for as long as the event lasts and for such period as we may reasonably require to remedy the effects of such Force Majeure Event.
12. Relationship Between the Parties
Notwithstanding any provisions of these Terms of Use, for all purposes, each party will be independent and will act independently, and not as an agent, partner, joint venture, employee, or employer of the other party and will not bind or attempt to bind the other party in any contract.
13. Notice: Consent to Electronic Notice
The User consents to the use of electronic means to fulfill these Terms of Use and to deliver any notices under these Terms of Use and electronic records to store information related to these Terms of Use or the use of the Platform. Any notices or other communications given under these Terms will be in writing and will be provided via email (in each case to the address provided by the User), by posting on the Platform, or by the User via email to the address contact@fitaura.io or to other addresses we may specify in writing. The date of receipt will be deemed to be the day on which such notice was sent.
14. Links to Other Websites
The Platform or Services may contain links to websites other than fitaura.io. Such links are provided solely for informational purposes, and we do not control such sites or endorse any materials on such sites or support any links with their operators. We are not responsible for the actions on such sites or for any damages that the User may incur as a result of using such sites.
15. Miscellaneous
If any provision of these Terms of Use is found to be invalid or unenforceable, the invalid or unenforceable part will be deemed effective to the fullest extent permitted by law, and the remaining provisions will remain in full force to the maximum extent permitted by law. The failure by a party to enforce any right or provision of these Terms of Use shall not be considered a waiver of such right or provision. The User may not assign or transfer these Terms of Use (by operation of law or otherwise) without our prior written consent, and any prohibited assignments will be void. We may assign these Terms of Use or any rights hereunder without the User's consent. The User agrees that these Terms of Use, together with the rules, limitations, and policies contained in this document, and their enforcement, are not intended to confer and do not confer any rights or legal remedies upon any person other than the User and Us. These Terms of Use, together with the rules and policies incorporated herein by reference, constitute the entire agreement between Us and the User with respect to the subject matter of these Terms of Use.