iFIT Terms of Use for Europe

These Terms of Use for Europe (“Terms”) apply to your access to the websites listed in Section 25 and all associated web pages, websites, and social media pages provided by iFIT (the “Sites”). If you reside in the European Economic Area, Switzerland or the United Kingdom, these Terms also apply to (i) the mobile application software made available by IFIT that may be downloaded to your smartphone or tablet, including the “IFIT” and “Tailor” mobile application (the “Apps”), (ii) the products sold or otherwise provided by iFIT or its affiliates, partners, licensors, subsidiaries, or related companies (the “Products”), and (iii) the online services accessible through the Sites, Apps, or Products, including via a free account (together with the Sites and Apps, the “Services”).

When we say “iFIT”, “we”, “our” or “us” we are referring to the entity responsible for providing the Products and Services in your region as stated in Section 25. Please see Section 25 for contact information and other corporate details of iFIT. If you reside outside the European Economic Area, Switzerland and the United Kingdom, the iFIT Terms of Use apply to your use of the Apps, Products, and Services.

The terms of sale in Section 7 apply to any purchases you make through the Services. If you do not agree to these Terms, do not purchase our Products or Services.

These Terms apply to your use of the Products and Services, including any content made available within the Products and Services. Any different or additional terms, conditions, guidelines, policies, or rules that you agree to in relation to some of our Products or Services, including the warranty terms, return policies, shipping policies, and other terms available at nordictrack.com/terms or proform.com/terms, (“Supplemental Terms”), become part of your agreement with us. If there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict. Any conflicting terms provided by you or any other user do not apply, even if we do not object to them. If you don’t agree to be bound by these Terms, you may not use the Products or Services.

We may make changes to these Terms from time to time with effect for the future for valid reasons, such as, for example, to reflect changes to our Services or for legal, regulatory or security reasons. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we typically provide you with at least 45 days’ notice of such changes, such as by sending an email or providing a notice to you through our Services, unless the change is because of a change in law or for security reasons. If we make changes to these Terms, such changes will apply on a going-forward basis and will apply from the time specified in our notice to you. You have the right to object to any such changes at any time by ceasing your use of the Products and Services. If you cancel your Recurring Subscription because you refuse to agree to a change to these Terms, including changes to the essential characteristics of the Service, you will be entitled to receive a pro rata refund for the unused portion of your terminated Recurring Subscription.

1. Eligibility and Use Restrictions

(a) Age. You must be at least 16 years of age to access, purchase, or use any of our Services. Users aged 16 and over who are under 18 years of age (or the age of legal majority where the user lives) may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Services. We may also impose heightened age requirements for certain Services. If you are a parent or legal guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us at privacy@ifit.com.

(b) Use and Sharing. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements, which will be provided in advance of your acceptance of such requirements. You may use our Services for only personal, family or household purposes. This means that you may not order Products from the Services for resale.

2. Your Information 

You may be required to provide certain information to iFIT in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to the Mobile Terms and Conditions, which are Supplemental Terms. You must ensure that any information that you provide to iFIT in connection with the Services is accurate. 

Although it is not part of these Terms, we encourage you to see our Privacy Policy for information about how we collect, use, share and otherwise process information about you.

3. Accounts

You may create an account with iFIT through the Services. An account is required in order to use certain Services. For example, you need an account to operate our Products, our Apps, and certain areas of our Sites. If you create an account with us, you must: (a) not share or permit others to use your individual account credentials; (b) promptly update any information contained in your account if it changes; (c) use a strong password for your account that is unique to our Services and not used by you in any other website or online service; and (d) maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.

4. User Content

(a) Our Services may allow you and other users to create, post, store, and share content, either directly or through a third party provider, including reviews, messages, text, photos, videos, and other materials (collectively, “User Content”). Depending on your account settings, when you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk. 

(b) Except for the license you grant below, as between you and iFIT, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. You grant iFIT and its subsidiaries and affiliates an irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple licensees) license for the duration of the legal protection of the intellectual property rights that may lie in your User Content to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content in connection with providing, promoting and developing our products and services. You also agree to waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law. In certain countries, it is not possible to waive these rights. We do not ask you to waive such rights where it would be unlawful to do so.

(c) You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you must ensure that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
• Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law;
• May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or
• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose iFIT or others to any harm or liability of any type.

(d) We may:

• Delete or remove User Content or refuse to post any User Content at any time if we, in our reasonable judgment, consider the User Content to violate applicable law or these Terms; 
• Terminate or suspend your access to all or part of the Services, temporarily or permanently, for good cause; there is good cause if, taking into account all the circumstances of the specific case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship, such as if your User Content is reasonably likely, in our reasonable determination, to violate applicable law or these Terms; 
• Take any action with respect to your User Content that is necessary or appropriate, in iFIT’s reasonable discretion, to ensure compliance with applicable law and these Terms, or to protect iFIT’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to intellectual property rights owners or holders of exclusive rights to use intellectual property rights in furtherance of takedown requests and removing illegal content); and
• As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Services.

5. Prohibited Conduct 

(a) You will not use our Services if you are not eligible to use our Services in accordance with Section 1 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services: 

• Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Use or attempt to use another user’s account or information without authorization from that user and iFIT;
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Sell or resell our Services or order Products for the purpose of reselling them;
• Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; 
• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; 
• Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, except to the limited extent expressly authorized by statute, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that iFIT grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. iFIT reserves the right to revoke such permission either generally or in specific cases, at any time and without notice; 
• Develop or use any applications or software that interact with our Services without our prior written consent;
• Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Link to any online portion of the Services in a manner that damages or exploits, in our reasonable discretion, our reputation or suggests any form or association, approval, or endorsement by iFIT; or
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

(b) Enforcement of this Section 5 is solely at iFIT’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

6. Product Listings

The Services may make available listings, descriptions, and images of Products, as well as references and links to Products and coupons or discounts for Products (“Listings”). Although we attempt to ensure that any such Listings are complete, accurate, and current, the images of the Products on our Site are for illustrative purposes only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, in Listings; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Products may vary slightly from those images and the packaging of Products may also vary from that shown in images on our Site.

Listings do not constitute a legally binding offer, but rather a non-binding online catalogue. You can add items to your online shopping cart without binding effect and can add or delete items before finalizing your transaction. 

7. Terms of Sale

All purchases or other transactions initiated through the Services are governed by the terms set forth in this Section 7.

(a) Eligibility. To complete your purchase, you must have a valid billing and shipping address within a country that can be selected as part of the checkout process on the Services. 

(b) Restrictions. You may only purchase Products for personal use by either yourself or their intended recipient. The Products are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order. We will do so for reasons such as where we suspect fraud or where you have not complied with these Terms.

(c) Prices, Duties and Taxes. Taxes and shipping and handling costs you are responsible for will be specified at the time of purchase. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Any duties on or arising out of warranty parts that you purchase are your responsibility. All prices are subject to change at any time without notice before you have confirmed your purchase. 

(d) Payment. If you wish to make a transaction, you will be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our payment processors (your “Payment Information”). You will ensure that you have the right to use any Payment Information that you submit in connection with a transaction. We may receive updated Payment Information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to use your Payment Information, including any updated Payment Information we receive, for any charges you have been notified of and are responsible for under these Terms. Verification of Payment Information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges specified at the time of purchase. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including reasonable attorneys’ fees and other legal expenses. 

(e) Shipping; Delivery. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions set forth in these Terms or otherwise contained on the Services. You will pay all shipping and handling charges specified during the ordering process. 

(f) Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel any order prior to delivery, save that we will let you know where this is the case and provide reasons for doing so. For example, if there is a pricing error in a Listing or an error related to Product availability, we will contact you to let you know the correct price and confirm that you are willing to pay this price or we may cancel your order. We will attempt to contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

(g) Warranty; Guarantees. The statutory warranty rights apply. Information of any applicable additional warranties and their precise conditions can be found on the Sites. For users resident in France, the warranties in Appendix 1 apply. 

(h) Reservation of Rights. iFIT reserves the right to on a going-forward basis limit the available quantity of or discontinue making available any Product; to bar any user from making any transaction; to alter the payment option for Products; and to refuse to provide any user with any Product.

8. Product Subscriptions

(a) Enrolling. You may be permitted to enroll in an automatically renewing subscription for certain Services on either a monthly or yearly basis (“Subscription Periods”) for the recurring fee indicated at the time you enroll in the subscription (“Subscription Fee”), subject to the terms below. If automatic renewal on a monthly or yearly basis is not permitted under applicable law, the renewal shall be for an indefinite period and you will continue to be charged for each Subscription Period. Such subscriptions (“Recurring Subscriptions”) are continuous until you cancel them.

(b)Subscription Fees. You will be charged the then-current Subscription Fee both (i) when you initially enroll in a Recurring Subscription or when your Promotional Offer (as defined in Section 8(e) below) ends (unless you cancel) and (ii) at the beginning of each subsequent Subscription Period until you cancel. You authorize iFIT and our payment processors to use your Payment Information to automatically charge you the Subscription Fee as stated above. In the event that your Payment Information cannot be charged for a Subscription Fee, iFIT may in its reasonable discretion (i) bill you for your Subscription Fee and suspend your Recurring Subscription until payment is received or (ii) seek updated Payment Information through third-party sources (i.e., your bank) to use as your updated Payment Information on a going-forward basis.

If you believe that you have been billed in error or have other billing inquiries, please notify us as soon as possible by contacting (866) 608-1798 or my.ifit.com if you reside in the US or, if you reside in the EU or the UK, by visiting https://ifitsupport.eu or calling any of the following customer service numbers:

France: 0800 001 265 / 0800 001 565

Belgium: 0032 800 58 095

Germany: 0800 589 0988

Austria: 0049 732 235 900

Spain: 91 2158923

Italy: 848 35 00 28

Portugal: 808203301

Holland: 0782018000

(c) Managing Subscriptions. You may pause or cancel a Recurring Subscription you enrolled in directly with us by either (1) signing into your account, going to “SETTINGS”, clicking on “MEMBERSHIP PLAN”, and following the prompts to pause or end your membership, or (2) calling us at (866) 608 1798 during regular Mountain Time Zone business hours. Alternatively, if you enrolled in a Recurring Subscription through a third-party platform like the App Store or Google Play, you'll need to cancel it by following the instructions provided by the third-party platform provider. Unless your renewal is for an indefinite period, your Recurring Subscription will be cancelled at the end of its then-current Subscription Period.

Price Changes. iFIT may change the Subscription Fee charged for Recurring Subscriptions at any time upon providing you notice of the change; provided, however, that the Subscription Fee for your Recurring Subscription will remain in force for the duration of any Subscription Period or Promotional Period (as defined in Section 8(e) below) for which you have already paid. Changes may be made to the Subscription Fee in order to reflect the impact of changes in the overall costs of providing the Services such as production costs, technical costs, distribution costs, customer service and other costs of sale (e.g., billing, marketing), general administrative and other costs (e.g., costs relating to rent, personnel, service providers, IT systems, electricity) and taxes. After that Subscription Period or Promotional Period ends, you will be charged at the then-current Subscription Fee on a going-forward basis. If you do not agree to a Subscription Fee change, you must cancel your Recurring Subscription at least 24 hours before the Subscription Period to which the new Subscription Fee applies. It is your responsibility to ensure that the email address associated with your account remains updated and that your email account will receive notice demails from us.

(d) Promotional Offers. You may be offered a trial period before your Recurring Subscription begins or a discounted initial Subscription Fee (which may include a discount based on an enrollment for an extended initial Promotional Period) on a Recurring Subscription through the use of promotional codes, coupon codes, offer codes, or other promotional discounts (each a “Promotional Offer”). If we offer you a Promotional Offer, the specific terms of your Promotional Offer will be provided in the marketing materials describing the particular offer or at registration (“Offer Terms”). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are only for new customers who have not previously enrolled in a Recurring Subscription or Promotional Offer. iFIT reserves the right, in its reasonable discretion, to determine your Promotional Offer eligibility, and to modify or cancel the terms offered for its Promotional Offer at any time on a going-forward basis. Promotional Offers only last for the period of time stated in the Offer Terms (the “Promotional Period”). Unless otherwise stated in the Offer Terms or at registration, Payment Information is required to enroll in a Promotional Offer. By enrolling in a Promotional Offer, you enroll in a Recurring Subscription, and the Subscription Fee for your Recurring Subscription will, during the Promotional Period, be the price stated in the Offer Terms. Upon the end of the Promotional Period, your Recurring Subscription will automatically renew at the then-current price as stated in Section 8(b). If you do not wish to be charged at the then-current price, you must cancel your Recurring Subscription as stated in Section 8(c) before the end of the Promotional Period.

Promotional Offers in no way limits the rights you are entitled to within the scope of your statutory 9right of withdrawal.

9. Right of Withdrawal

(a) Right of Withdrawal. You are entitled to withdrawal from the contract for a purchase of Products or the enrollment in a Recurring Subscription within fourteen days without stating any reason. The withdrawal period for a contract for the purchase of Products is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last Products. The withdrawal period for a contract to enroll in a Recurring Subscription is fourteen days from the day on which you first enrolled in the Recurring Subscription (including any Promotional Offer period). 

In order to exercise your right of withdrawal, you must inform us by a clear statement (e.g., a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can contact us by using the following contact information: iFIT Health et Fitness France, 5 Rue Alfred de Vigny, 78112 Saint Germain en Laye, France. If you reside in the United Kingdom, you may additionally contact us for Nordictrack by email at sales@nordictrack.co.uk or by phone at 01924 964150 or for Proform by email at sales@proform.co.uk or by phone at 01924 964180. If you reside elsewhere in the European Economic Area, you may additionally contact us by visiting https://ifitsupport.eu or by calling 0049 732 235 900 (Austria), 0032 800 58 095 (Belgium), 0800 001 265 / 0800 001 565 (France), 0800 589 0988 (Germany), 0782018000 (Holland), 848 35 00 28 (Italy), 808203301 (Portugal) or 91 2158923 (Spain). For this purpose, you may (but are not required to) use the sample withdrawal form below. You must send iFIT your withdrawal notice before the end of the withdrawal period described in this Section 9(a).

(b) Consequences of Withdrawal. If you exercise your right of withdrawal from this contract, we shall, without undue delay and at the latest within fourteen days from the date on which the notification of your withdrawal from of this contract was received by us, repay all payments that we have received from you for the contract you have withdrawn from, including the delivery costs, (with the exception of the additional costs which arise from the fact that you chose a form of delivery different to the cheapest standard delivery method chosen by us). For this repayment, we shall use the same payment method used by you for the original transaction, unless expressly otherwise agreed with you; in no event will we charge you for this repayment. If you purchased Products, we can refuse the repayment until we have received the returned Products or until you have provided proof to the effect that you have sent back the goods, depending on whichever is the earlier date.

If you purchased Products, you must send back or hand over the Products in accordance with instructions we provide without undue delay and in all cases at the latest within fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the Products before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if such loss in value is caused by a handling of the goods that was not necessary in order to check the quality, composition and functioning of the goods. If the Product has been used, assembled, unboxed or the packaging has been opened there will be a fee payable/deducted from your refund to reflect the diminished value of the goods. This can equate to up to 15% of your machine's value.

10. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules that are presented to you before you can participate. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

11. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained in the Services, and all intellectual property rights in the Services and Products are owned by iFIT or our licensors and are protected under both domestic and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services and intellectual property rights in the Services and Products are reserved by us or our licensors. Subject to these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted here and violate our intellectual property rights. 

12. AI Services

(a) Use of AI Services and User Responsibility. As part of the Services, iFIT may make available artificial intelligence-powered features and tools (“AI Services”), including [Tailor] and other coaching features that enable you to submit or allow our Services to access voice, text and other content (“Inputs”) to generate conversational outputs and other responses (“Outputs”). Your Inputs and Outputs are your User Content. Because the AI Services rely on emerging technology and the Inputs you provide, Outputs generated by the AI Services may be inaccurate, offensive, and not represent iFIT’s views. 

Outputs provide generalized exercise and wellness information based on information you provide, wearable-device inputs you allow us to access and other Inputs. Outputs are only intended to be a starting point for you and should be carefully evaluated for accuracy and appropriateness, particularly when making any decision that could have an impact on your health or safety. The AI Services may ask you to identify areas of the body you wish to avoid exercising or to describe physical limitations you have. These questions are intended solely to tailor workout recommendations, and the AI Services do not assess, diagnose, or verify your physical condition. If you are unsure about whether a specific workout or activity included in an Output is safe for you, you should seek guidance from a medical professional before taking any action based on the Output. By engaging in a workout plan provided as part of an Output, you represent and warrant that you have reviewed the plan activities, understand the nature of each exercise, and affirm that you are physically able to perform them.

You understand and agree that, as explained further in Section 19, the AI Services are not a medical device and the information or recommendations provided by the AI Services are not and and do not serve as a substitute for professional medical advice, supervision, or prescribed rehabilitation. You must evaluate responses and other content generated by the AI Services for accuracy and appropriateness. The AI Services are not a “Nutritionist,” “Registered Dietitian,” or “Nutrition Counselor” under any federal or state law. All nutrition information included in Outputs is for general wellness and educational purposes only and are non-clinical in nature.

(b) Minimum Age. You must be at least 18 years of age to use the AI Services. The AI Services are not designed to assess age-specific physical readiness or safety. By using the AI Services, you represent and warrant that you meet this age requirement.

(c) Restrictions on Use. In addition to other restrictions that apply to your use of the Services, you may also not do any of the following in connection with our AI Services:

• Attempt to generate any Outputs that would constitute prohibited User Content as stated in Section 4(c);
• Attempt to use the AI Services as a companion chatbot or to prompt the AI Services for responses that are not related to fitness;
• Use the AI Services for calculating suggested caloric intake if you are pregnant, nursing, have a history of an eating disorder, or other medical condition that may be affected by your diet;
• Bypass any protective measures or safety mitigations in the AI Services;
• Falsely represent Outputs as human-generated; or
• Use Outputs for any commercial purpose, including to develop artificial intelligence models that compete with iFIT or its licensors products and services.

13. Trademarks

The iFIT, NordicTrack, Pro-Form, Workout Warehouse, and Tailor names and our logos, taglines, Product or service names, slogans, and the look and feel of the Services are trademarks of iFIT and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us. 

14. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about iFIT or our Products or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to improve or develop products or services in iFIT’s reasonable discretion. iFIT will exclusively own all works or improvements based on any Feedback. You understand that iFIT may treat Feedback as nonconfidential. 

15. Complaints

(a) Our Policy. We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the rights of others. 

(b) Making Complaints to IFIT. If you believe that any content on our Services infringe any rights that you own or control, or the rights of a third party (e.g., counterfeiting, insult, invasion of privacy) or if you discover that User Content promotes crimes against humanity, incites racial hatred and/or violence or concerns child pornography, please immediately notify iFIT using the contact information provided in Section 25.

When submitting a notice, you must identify the date of notification; if you are a natural person: your full name, e-mail address and nationality, a description of the content being reported and its precise location (e.g., URL link to the disputed content), and the reasons why you believe the content should be removed. Additionally, if you are located in France, please provide a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, removal or modification, or justification as to why the author or publisher could not be contacted. We may be unable to process incomplete notices.

16. Third-Party Content and Offerings

(a) Third-party code may be utilized in connection with the Services that may be subject to open-source licenses (“Open-Source Software”). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.

(a) We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content, information, or offerings available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content for those interested in such content, but your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.

(b) We may block or disable access to any Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content may be subject to additional terms, conditions, and policies presented to you by the third-party content provider (including terms of service of the providers of such Third-Party Content). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.

17. Limited Warranty for the Services

The Services will be provided using a commercially reasonable level of care and skill. Other than as expressly stated in these Terms, iFIT does not make any commitments about the reliability of the Services.

18. Limitation of Liability

(a) This section shall not limit liability for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by iFIT or its agents or for damages based on an intentional breach of duty or grossly negligent breach of duty by iFIT or its vicarious agents.

(b) For all other damages, iFIT is only liable for its simple negligent violation of essential contractual obligations and such liability shall be limited to the damage which is direct and foreseeable and typical for the contract at the time of conclusion of this agreement. To be clear, essential contractual obligations are those whose fulfillment characterizes the contract and on which the user may rely. Damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. Otherwise, liability is excluded.

(c) Insofar as the liability of iFIT is limited or excluded, the limitations or exclusions shall also apply to the personal liability of IFIT’s employees, legal representatives and agents.

(d) The limitations and exclusions of liability according to this section do not affect the liability of iFIT according to the mandatory legal provisions of product liability acts in the countries where users are located. For users located in Germany, this includes liability due to the fraudulent concealment of a defect as well as the assumption of a guarantee for the quality of an item under the German Product Liability Act [Produkthaftungsgesetz – ProdHaftG].

19. Safety

Consult your physician, medical practitioner, or other health care provider to assess your health before using the Products or Services in connection with any exercise or dietary changes. Consulting a health care provider before using the Products or Services or beginning an exercise program is especially important if you are a minor, overweight, pregnant, nursing, diabetic, have a heart condition, including a prior history of heart attack, stroke, or other cardiac events, have a current or past eating disorder or other condition affecting nutritional intake or body weight regulation, or have any injuries, disabilities, or other medical conditions. Users within these or other sensitive categories should obtain personalized recommendations from a medical professional rather than relying solely on information obtained from the Products or Services.

There are safety hazards, risks, dangers, and potentials for injury associated with any physical or recreational activity, and you should not engage in any such activities that pose a heightened risk to you in light of your health conditions. Additionally, you must maintain awareness of surroundings while engaging in physical activity.

You should start any physical activity slowly, take care not to exceed your capabilities, and immediately stop if you experience pain or discomfort, become dizzy or dehydrated, or your body’s ability to function normally is otherwise affected. If you experience a medical emergency, stop using the Products and Services and call emergency services or consult with a medical professional immediately. The Products and Services do not provide emergency services and will not contact anyone on your behalf if you experience a medical emergency. You assume the risks associated with any physical activities that you engage in. Ensure that you make use of any safety features offered by the Products and Services, and do not use the Products or Services while under the influence of alcohol, drugs, or any substance that could impair your ability to safely engage in physical activities.

The Products and Services are not medical devices and are not intended to diagnose, treat, cure, prevent, or mitigate any illness, metabolic disorder, disease or other health condition, or substitute for professional medical, nutritional, or dietary counseling services concerning the diagnosis, treatment, cure, prevention or mitigation of any illness, metabolic disorder, disease or other health condition, including those associated with calorie reduction or weight loss. Content and information provided through the Services are provided for educational and informational purposes only and are not intended as medical or nutritional advice or to replace the services of physicians or medical professionals. iFIT is not a licensed health care provider, and iFIT (including its affiliates) does not make any claims that any exercise series or program (alone or in combination with other choices) will reverse, halt, mitigate, or treat any illness, metabolic disorder, disease or other health condition. You should consult a medical professional if you have any questions regarding any actual, known or potential health condition. Never disregard professional medical advice or delay in seeking it because of something you have read or received through the Products or Services.

The Products and Services do not guarantee or promise any specific calorie burn, fat loss, weight reduction, or other fitness outcome. All results will vary based on individual physiology, effort, and other external factors outside the Products and Services’ control. Any calorie or weight projections are estimates only and not scientifically validated predictions. Caloric and weight-related calculations provided by the Products and Services are for informational purposes.

20. Pre-General Release Offerings

As part of the Services, iFIT may make available pre-general availability features, tools, or software that are identified as "Alpha," "Beta," "Early Access," "Preview," "Experimental," or a similar designation (collectively, “Pre-General Release Offerings”). You specifically acknowledge that Pre-General Release Offerings may be more prone to errors or inaccuracies. iFIT has no obligation to generally release versions of the Pre-General Release Offerings, and any generally released versions may have significantly different functionality than the Pre-General Release Offerings.

21. Applicable Law & Dispute Resolution

These Terms and your access to and use of our Products and Services will be governed by and construed and enforced in accordance with the laws of your country of residence and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In the event you bring legal proceedings in respect of these Terms in the courts of the country in which you reside, you will benefit from any mandatory provisions of the law of the jurisdiction in which you are a resident. Nothing in these Terms affects your rights as a consumer to rely on mandatory provisions of the jurisdiction in which you are a resident.

We prefer to solve your requests directly with you and therefore, unless otherwise agreed to by iFIT in writing or as specified below, we do not participate in alternative consumer dispute resolution proceedings and are not obliged to do so. If you would like to bring a matter to our attention, please contact us.

Users who reside in France: Unless otherwise expressly agreed to by iFIT in writing, this paragraph applies only to residents of France. In case you have a concern regarding the Products or Services and if your written complaint sent to the iFIT contact information provided in Section 25 has not received an adequate response or in the absence of any response of our customer care service within one (1) month from receipt of your complaint, you may use an alternative dispute resolution method, by contacting the e-commerce mediation service of FEVAD (French Federation of e-commerce and distance selling). FEVAD may be contacted at Consumer mediator FEVAD, BP 20015 - 75362 PARIS CEDEX 8, by phone at +33 1 42 56 38 86, or by email at contact@fevad.com. You are free to accept or reject the use of mediation and, in case of mediation, each party is free to accept or reject the solution proposed by the mediator.

22. Modifying and Terminating Our Services

Subject to the terms of this section, we reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We will typically provide you with notice at least 14 days in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email and/or providing a notice through our Services. After the Services have been modified, iFIT is under no obligation to continue to support older versions of the Services, including older versions of software running on Products. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by iFIT in writing.

To be clear, nothing in these Terms affects any mandatory legal rights and remedies you have under the applicable law of your jurisdiction. If you do not agree to any such change or discontinuance, you can object by terminating your Recurring Subscription. If you terminate your Recurring Subscription in those cases, you may be entitled to receive a pro rata refund for the unused portion of your terminated Recurring Subscription.

You also have the right to stop using our Services at any time. You may terminate these Terms by closing any account you have with us and ceasing use of our Services. The parties’ respective rights and obligations under Sections 4, 5(b), 6, 7, 9, 11 (first two sentences, and last sentence only), and 12-24 of these Terms, together with all other provisions that may reasonably be construed to survive, will survive the expiration or termination of these Terms for any reason. 

23. Severability

If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent. If you are resident in France, this provision will only apply to the extent the applicable provision has not been a determining factor for the parties to enter into these Terms.

24. Miscellaneous

iFIT’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically. We may assign the Terms, in whole or in part.

25. Contact Us

The iFIT entity entering into these Terms with you corresponds to the Sites you access in connection with the Services, as set forth below. You enter into these Terms with each applicable iFIT entity.

Appendix 1: Warranties applicable to Products in France

Warranties applicable to the Products:

Warranties applicable to the Sites and Apps: