Terms and Conditions

 

Last updated: December 28, 2022

Please read these terms and conditions (“Terms”, “Terms and Conditions”) carefully before using the PumpX mobile application (the “Service”) operated by PumpX Fitness LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of PumpX Fitness LLC and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by PumpX Fitness LLC.

PumpX Fitness LLC 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 PumpX Fitness LLC 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.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, USA, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Privacy

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and share information about you when you use our Service. By using our Service, you agree to the collection, use, and sharing of your information as described in our Privacy Policy.

User Content

By using the Service, you may provide us with certain information, including but not limited to text, photos, images, audio, and video (collectively, “User Content”). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content on or through the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You retain any and all of your rights to any User Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms.

You represent and warrant that: (i) you own the User Content posted by you on or through the Service, or you have the right to use it and grant us the rights and license as provided in these Terms; and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Prohibited Use

You agree not to use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials (collectively, “Content”) that you submit, post, or display on or via the Service.

You agree not to engage in any activity that interferes with or disrupts the Service or servers or networks connected to the Service. You may not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service to solicit the performance of any illegal activity or other activity which infringes the rights of PumpX Fitness LLC or others.

Indemnification

You agree to defend, indemnify, and hold PumpX Fitness LLC and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

Disclaimer of Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. PumpX Fitness LLC makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service.

In-App Purchases and Subscriptions

The Service may offer products and services for purchase (“in-app purchases”) or subscription. If you choose to make an in-app purchase or subscription, you will be prompted to enter details of your payment method and you will be charged the fees for the product or service. All fees are stated in the applicable currency.

In-app purchases and subscriptions are final and non-refundable, unless otherwise required by law. You will be responsible for paying any taxes that may be applicable to your in-app purchases or subscriptions.

If you make an in-app purchase or subscription, you agree to pay the applicable fees and any taxes incurred by you or anyone using an Account registered to you.

We may change the fees for our products and services at any time. If we change the fees for a product or service, we will provide you with advance notice of the change. If you do not agree to the change, you can choose not to purchase the product or service.

If you are under 18 years of age, you may make an in-app purchase or subscription only with the involvement of a parent or guardian.

Subscriptions will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can turn off auto-renew at any time from your device’s account settings.

Cancellation and Termination

You may cancel a subscription at any time by turning off auto-renew in your device’s account settings. If you cancel a subscription, you will continue to have access to the service until the end of the current billing period.

We reserve the right to terminate or restrict your use of our Service, without notice, for any or no reason, and without liability to you.

Governing Law

These terms and conditions and the relationship between you and PumpX Fitness LLC shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions.

Contact Us

If you have any questions about these Terms, please contact us at https://pumpx.app/contact.