In With Fit

Terms and Conditions

Terms and Conditions

These Terms and Conditions ("Terms") govern your use of the In With Fit application ("In With Fit" or "Application") operated by Foldid, Inc. ("Foldid", "us", or "we"). By downloading, accessing, or using In With Fit, you ("User") acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not accept these Terms and the Privacy Policy, you are not authorized to use the Services. We may modify these Terms and the Privacy Policy at any time and such modification will be effective upon posting to the Application.

Privacy

Foldid and In With Fit take your privacy very seriously. You may opt to grant In With Fit access to personal information to receive better fitness statistics and workout guidance as set forth in the Privacy Policy. Foldid may also automatically collect other information regarding your interaction with, and use of, In With Fit. By using the Application, you agree that Foldid may collect and use this information as set forth in the Privacy Policy.

Third-Party Websites

In With Fit may contain links to third-party web sites or services that are not owned or controlled by Foldid. Foldid has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Foldid shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Intellectual Property

In With Fit is owned and operated by Foldid. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Application provided by Foldid are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained on the Application are the property of Foldid or its subsidiaries or affiliated companies and/or third-party licensors. All suggestions, enhancements requests, feedback, recommendations or other input provided by User or any other party relating to the Application shall be owned by Foldid, and User hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. User grants to Foldid a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Application any suggestion, enhancement request, recommendation, correction or other feedback provided by User relating to the operation of the Application. All trademarks, service marks, and trade names are proprietary to Foldid or its affiliates and/or third-party licensors. Except as expressly authorized by Foldid, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. Foldid reserves all rights not expressly granted in the Terms.

Limitation of Liability

In no event shall Foldid, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In With Fit may be used by you to plan and conduct a workout, but you agree that In With Fit and Foldid has no responsibility or liability to you related to any exercise or workout.

Representations and Warranties

Your use of the Application is at your sole risk. The Application is provided on an "AS IS" and "AS AVAILABLE" basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement, or course of performance. Foldid its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements. You understand that In With Fit may expose you to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Foldid with respect hereto. Foldid does not endorse any content and other material or any opinion, recommendation or advice expressed therein, and Foldid expressly disclaims any and all liability in connection with content and other materials.

Medical Advice>

In With Fit and Foldid provide you with Services for you to track and plan fitness activities. The Services do not contain and should not be interpreted as medical advice or opinion. We are not in the business of providing medical advice. We are not licensed medical professionals. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. Your use of the Services does not create a doctor-patient relationship between you and In With Fit or you and Foldid.

Sponsors and Sponsor Rewards

In With Fit offers you the ability to add a sponsor. You may choose to participate in a sponsor program by adding a sponsor. By participating in a sponsor program offered on behalf of a third-party, such as an employer, you understand, accept, and agree that you may never receive a reward from the sponsor program. Sponsor rewards may change, are not required, and are never guaranteed. Sponsor programs may end at any time with no obligation to fulfill any rewards. Rewards that are distributed depend on the goal conditions outlined by the sponsor program and only persons age 18 and over are eligible for rewards. The distribution of sponsor rewards is void wherever prohibited or restricted by law. No purchase is necessary to participate in a sponsor program with rewards. By participating in a sponsor program, participants agree to be fully and unconditionally bound by these terms and rules. In the event that a sponsor decides to offer rewards in the sponsor program you also agree to by bound by these terms as interpreted by Foldid and In With Fit.

Subscriptions

Some parts of the Application will be billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either on a monthly or annual basis, depending on the type of Subscription plan you select when purchasing a Subscription. You will be charged for your Subscription at confirmation of purchase. Your Subscription will automatically renew at the end of your Subscription period unless canceled prior to the end of the current period. Your account may be charged for renewal prior to the end of the current period. You can manage your Subscription or turn off auto-renewal at any time. Cancellation of the active Subscription period is not allowed. All Subscriptions may be final and non-refundable. Subscriptions may be sold and managed by or with the help of third-party services such as, but not limited to, the Apple App Store and the Google Play Store, in which case by purchasing a Subscription from those vendors you agree and are subject to their Terms and Conditions and billing practices. By accepting all of these terms, you agree that Foldid is not required to provide a refund for any reason. Foldid may change, modify, or eliminate features of the Subscription at any time, with or without notice including eliminating the availability of Subscriptions entirely. Foldid, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Subscription fees may change.

Termination

You agree that Foldid may terminate your access to the Application, at our sole discretion, without cause or notice, and without penalty, at any time. Foldid may also at any time discontinue providing access to In With Fit, or any part thereof, with or without notice. You agree that any termination of your access to In With Fit or any portion thereof may be effected without prior notice, and you agree that Foldid will not be liable to you or any third party for any such termination. Upon termination, your right to use the Application will immediately cease. If you wish to terminate your account, you may simply discontinue using the Application.

Updates to these Terms

At times it may be necessary for us to make changes to the Terms such as due to changes in the services we offer, Third-Party policies and procedures, and/or the applicable laws of the United States. We reserve the right to update or modify the Terms at any time without prior notice. Please review the Terms periodically. The Terms were last updated on the date indicated below. Any changes to the Terms will become effective when we post the revised Terms on In With Fit. As set forth above, your continued use of the Application after any changes or revisions to the Terms shall indicate your acceptance and agreement with such revised Terms.

Governing Law

Foldid is located in the United States and any claim relating to Foldid shall be governed by the laws of the United States without regard to its conflict of law provisions.

Contact Us

If you have questions about the policies described in this statement, please email us directly at info@inwithfit.com.

Last Updated: 7/26/2020