Terms of Use
1. Introduction
1.1 The mobile application "ACM Fitness" (the “App”) is owned by Allison Millspaugh ("ACM Fitness", "we", "our" or "us"), sole proprietor of ACM Fitness LLC, (mailing address) 2525 Oconee Ave Suite #103, Virginia Beach, Virginia.
1.2 The App enables personal trainers, wellness coaches and nutritionists (collectively “Trainers”) to provide services and interact with their clients (“Clients”) by managing client data, creating plans, tracking progress, and sharing information. The App also allows Clients to interact with Trainers and track their own progress.
1.3 Any person using the App (“User”) agrees to be bound by these Terms of Use, including the Disclaimer and Privacy Policy. Use of the App constitutes unconditional acceptance of these Terms.
1.4 These Terms are applicable to all Users and include the Disclaimer, Privacy Policy and any other policies referenced herein. By using the App, Users agree to comply with these Terms and policies.
1.5 For these Terms, “User” includes any person or entity accepting these Terms on their own behalf or for another legal entity.
1.6 “Content” includes all information, data, text, photos, videos, audios, graphics, themes, features generated or available on the App, including User Content.
1.7 ACM Fitness may revise these Terms without notice by posting updated versions on the App. Users agree to periodically review the Terms and be bound by any changes. Continued use of the App signifies consent.
2. Eligibility
2.1 Only Users above 18 years of age and legally competent to contract may use/download the App. Use of the App signifies the User is legally competent to agree to these Terms.
2.2 Users represent they are responsible for their use of the App and any Content posted. ACM Fitness is not liable for any damage or injury caused by use of the App. Void where prohibited.
3. User Account and Registration
3.1 To use the App, Users must register and create an account (“User Account”) by downloading the App and completing the signup process. Users must read and accept these Terms, Disclaimer and Privacy Policy before creating an Account.
3.2 User Account information will be protected under our Privacy Policy. Users are responsible for Account access, activity occurring through their Account, and any shared access. Users must immediately notify us of unauthorized access related to their Account. We are not liable for any damages due to a compromised Account.
3.3 Users represent and warrant Account registration information is accurate, current and complete. If we suspect registered information is inaccurate, untrue or incomplete, we reserve the right to suspend or terminate the Account.
3.4 Users may delete their Account at any time through the Account settings. Account deletion will terminate these Terms.
4. Fees and Payments
4.1 Use of the App requires payment of applicable fees (“Fees”) which are communicated upon request via email or phone. Fees are in USD currency, charged monthly until subscription cancellation. By subscribing, Users agree to pay Fees according to these Terms. Fees are subject to change without notice. Users will be notified of and asked to consent to any Fee changes.
4.2 Fees exclude any applicable taxes, which are the User’s responsibility.
4.3 Users may pay Fees through valid credit/debit cards or other approved payment methods through our third-party processor (“Payment Processor”). The Payment Processor solely handles User payments. ACM Fitness is not liable for any issues with payments or personal data collected by the Payment Processor. Payment terms are governed separately by the Processor. Payments are non-refundable.
4.4 ACM Fitness is not liable for any issues arising from declined transactions or exceeding payment limits set by the User’s payment provider.
5. Availability
5.1 ACM Fitness will endeavor to make the App available 24/7, but temporary unavailability may occur due to maintenance, upgrades, outages or other events outside of our control. We reserve the right to modify, suspend or discontinue all or part of the App without notice. Users agree we are not liable for any consequences arising from App unavailability or suspension.
6. User Content
6.1 Users may create, post, share, upload and submit Content on the App (“User Content”) and retain rights to this Original Content.
6.2 By submitting User Content, Users grant us a non-exclusive, worldwide, royalty-free license to copy and store the Content solely for backup purposes. We will not distribute or publish User Content without consent unless required by law.
6.3 Users represent and warrant their Content does not infringe these Terms or violate any intellectual property, privacy or other rights. We are not responsible or liable for any of Your Content made available through the App. Users may delete their Content or Account at any time.
6.4 We may monitor, screen, refuse, delete or restrict Content in our discretion that violates these Terms or may harm our brand. Users remain solely responsible for their Content.
6.5 Users may not disclose private information of persons without authorization or consent through User Content.
7. User Representations and Warranties
7.1 Users represent and warrant all information provided is true, accurate and complete. If any information is untrue, inaccurate or incomplete, ACM Fitness reserves the right to suspend or terminate the Account.
7.2 Users represent and warrant they are aware of and will comply with all applicable laws governing use of the App and will not violate or attempt to violate such laws.
8. Disclaimer of Warranties
THE APP AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. ACM FITNESS DISCLAIMS ANY AND ALL WARRANTIES INCLUDING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability
ACM FITNESS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM USE OF THE APP OR SERVICES, INCLUDING BUSINESS LOSSES, LOSS OF PROFITS, DATA, GOODWILL OR REPUTATION, OR COSTS OF PROCUREMENT FOR SUBSTITUTE SERVICES.
10. Indemnification
Users agree to indemnify, defend and hold harmless ACM Fitness from any claims, damages, liabilities, costs and expenses (including legal fees) arising from their breach of these Terms, use of the App or violation of any rights of a third party.
11. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Virginia. Any disputes arising in relation to these Terms shall be subject to the exclusive jurisdiction of the courts in The United States of America, Virginia.
12. This Disclaimer and Privacy Policy form an integral part of these Terms. Capitalized terms used but not defined herein have the meanings in the Terms of Use.
Disclaimer
1. No Warranties
The App and Content are provided “as is” without warranties, representations or conditions of any kind. ACM FITNESS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2. Accuracy and Completeness
While ACM Fitness strives to ensure information provided through the App is accurate and reliable, it makes no warranties regarding accuracy, completeness, reliability or suitability of this information. Any reliance on Content obtained through the App is at your own risk.
3. Limitation of Liability
ACM FITNESS WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE APP OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
4. Further Disclaimers
The Content may be offensive, harmful, objectionable or inappropriate. ACM Fitness does not endorse or assume any responsibility for monitoring Content. We may restrict, suspend or terminate any User Account or Content at our sole discretion. Users access any Content at their own risk.
5. This Disclaimer forms part of the Terms of Use of the App and should be read in conjunction with them. Terms not defined herein have the meaning assigned in the Terms of Use.