TERMS AND CONDITIONS
Effective Date: January 11, 2025
Fitnotes X
1. Introduction and Acceptance
Welcome to Fitnotes X (the "App"), a fitness tracking application operated by Arkt Labs Inc. ("Company," "we," "us," or "our"), a registered Canadian corporation with its principal place of business at 2620 Credit Valley Rd., Mississauga, Canada.
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and the Company governing your access to and use of the App. By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, do not download, install, access, or use the App.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App with a new effective date. Your continued use of the App after any changes constitutes acceptance of the revised Terms.
2. Eligibility
The App is available to users of all ages worldwide. There is no minimum age requirement to use the App.
If you are a minor in your jurisdiction, you represent that you have obtained consent from a parent or guardian to use the App and agree to these Terms.
3. Account Registration
3.1 Account Creation
The majority of the App's features, including paid features, are available without creating an account. However, certain features require you to sign in using Google Single Sign-On (SSO) or Apple Sign-In, including but not limited to saving your workout data to the cloud and syncing data between devices. By creating an account, you agree to provide accurate information and to keep your account secure.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@arkt.io if you suspect any unauthorized use of your account.
3.3 One Account Per User
Each user may maintain only one account. We reserve the right to terminate duplicate accounts or accounts suspected of violating these Terms immediately and without prior notice or warning.
4. Subscriptions and Payments
4.1 Free and Premium Features
The App offers both free and premium features. Free users have access to a limited number of workouts per month. Premium subscriptions unlock additional features and unlimited workout tracking.
4.2 Payment Processing
All payments for subscriptions are processed through the Apple App Store, Google Play Store, or any other official mobile application store through which we distribute the App (collectively, "App Stores"). We do not directly collect or process payment information. All purchases are subject to the terms and conditions of the respective App Store.
4.3 Subscription Management
You may manage your subscription, including cancellation, through your account settings in the Apple App Store, Google Play Store, or any other official mobile application store through which you purchased your subscription. Cancellation will take effect at the end of your current billing period. You will retain access to premium features until your subscription expires.
4.4 Refunds
Refunds are handled exclusively by the Apple App Store, Google Play Store, or the official mobile application store through which you made your purchase, in accordance with their respective refund policies. We do not process refunds directly. To request a refund, please contact the App Store where you made your purchase.
4.5 Price Changes
We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period but may apply upon renewal. We will provide notice of price changes through the App or App Store.
5. User Content and Data
5.1 Your Workout Data
You retain ownership of the workout data you enter into the App (including exercises, sets, repetitions, weights, and other fitness metrics). However, by using the App, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your workout data in combination with your email address and device ID for the following purposes:
Providing and improving the App's services
Analyzing aggregated usage patterns
Developing new features
Research and product development
Retargeting, promotional, and marketing activities
This license continues for twelve (12) months after you delete your account or uninstall the App, during which time we may continue to use your workout data in combination with your email address and device ID for retargeting and promotional activities. After this 12-month period, your data will be permanently deleted.
We will not sell your workout data to third parties or use it in any way that publicly identifies you by name.
5.2 Usernames for Leaderboards
If you choose to participate in leaderboards, you must create or accept a username. Usernames are randomly auto-generated by default but may be customized by you. Participation in leaderboards is entirely optional and requires your explicit opt-in consent. No private or personalized data is displayed on leaderboards—only your username and workout statistics.
You agree that your username will not:
Impersonate any person or entity
Contain offensive, vulgar, or inappropriate language
Infringe on any third party's rights
Violate any applicable laws
We reserve the right to change or remove usernames that violate these guidelines.
5.3 Social Sharing
The App allows you to share workout summaries on social media or with others. Shared summaries contain only general workout statistics and do not include private or personalized data. You are solely responsible for any content you choose to share outside the App.
6. Prohibited Uses
You agree not to use the App to:
Resell, redistribute, or commercially exploit any data or information obtained from the App
Copy, scrape, or extract workout data, exercise information, or any other content from the App for commercial purposes
Reverse engineer, decompile, or disassemble the App
Attempt to gain unauthorized access to our systems or other users' accounts
Use the App for any unlawful purpose or in violation of any applicable laws
Interfere with or disrupt the App's functionality or servers
Transmit viruses, malware, or other harmful code
Create multiple accounts to circumvent usage limits or for any fraudulent purpose
Use automated systems, bots, or scripts to access the App
Misrepresent your identity or affiliation with any person or entity
Violation of these prohibitions may result in immediate termination of your account.
7. Unauthorized Distribution and Modification
7.1 Prohibited Distribution
The App is distributed exclusively through official channels recognized by Arkt Labs Inc., including the Apple App Store, Google Play Store, and any other official mobile application stores through which we publish the App. You are strictly prohibited from:
Downloading, obtaining, or distributing the App's APK, IPA, or any other installation files through unofficial channels
Sharing, uploading, or distributing the App or its installation files to any third party, website, file-sharing platform, or alternative app store
Modifying, patching, cracking, or altering the App in any way
Distributing any modified, patched, or altered version of the App
Circumventing any security measures, license verification, or subscription mechanisms in the App
7.2 Liquidated Damages
You acknowledge and agree that unauthorized distribution of the App causes substantial harm to Arkt Labs Inc. that is difficult to quantify. Therefore, if it is proven that you have distributed, shared, or spread the App through unofficial channels, or have distributed any modified, patched, or altered version of the App, you agree to pay liquidated damages in the amount of One Hundred Thousand US Dollars ($100,000 USD) per instance of violation, in addition to any other remedies available to us under law or equity.
7.3 Injunctive Relief
You acknowledge that any unauthorized distribution or modification of the App would cause irreparable harm to Arkt Labs Inc. for which monetary damages would be inadequate. Accordingly, we shall be entitled to seek injunctive or other equitable relief to prevent or stop any such violation, without the requirement to post a bond.
8. Third-Party Integrations
8.1 Health and Fitness Platforms
The App may offer integration with third-party health and fitness platforms, including but not limited to Apple Health, Google Fit, and other fitness trackers or wearable devices. These integrations are provided for your convenience and are subject to the terms and privacy policies of the respective third-party services.
8.2 Third-Party Terms
Your use of third-party integrations is governed by the third party's terms of service and privacy policy. We are not responsible for the availability, accuracy, or functionality of third-party services, nor for any data shared with or received from these services.
8.3 No Endorsement
Integration with third-party services does not imply our endorsement of those services. We make no warranties regarding third-party services and disclaim all liability arising from your use of them.
9. Intellectual Property
9.1 Our Intellectual Property
The App, including its design, features, functionality, graphics, user interface, and all related content, is owned by Arkt Labs Inc. and is protected by Canadian and international copyright, trademark, and other intellectual property laws.
9.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:
Modify, adapt, or create derivative works of the App
Sublicense, sell, or transfer your rights to the App
Use the App for any commercial purpose without our prior written consent
9.3 Feedback
If you provide us with feedback, suggestions, or ideas regarding the App, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the App without any obligation to you.
10. Health and Fitness Disclaimer
THE APP IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION.
10.1 Not Medical Advice
The App provides fitness tracking tools for informational and personal use only. The content, features, and functionality of the App do not constitute medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before beginning any exercise program, especially if you have any pre-existing health conditions, injuries, or concerns.
10.2 Exercise at Your Own Risk
Physical exercise carries inherent risks, including but not limited to injury, illness, or death. You acknowledge that you are voluntarily participating in physical activities and assume all risks associated with such activities. You should immediately stop exercising and seek medical attention if you experience pain, dizziness, shortness of breath, or any other concerning symptoms.
10.3 No Professional Relationship
Use of the App does not create a physician-patient, trainer-client, or any other professional relationship between you and Arkt Labs Inc.
10.4 Individual Results
Fitness results vary by individual. We make no guarantees regarding the results you may achieve from using the App.
11. Disclaimers and Limitation of Liability
11.1 "As Is" Basis
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.
11.2 No Guarantee of Availability
We do not guarantee that the App will be available at all times, uninterrupted, secure, or error-free. We do not provide any service level agreement (SLA) or uptime guarantee. The App may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.
11.3 Data Loss Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
Your workout data, workout history, workout progress, and any other data stored in the App may be lost, corrupted, or become inaccessible at any time without notice
We are not responsible for any data loss, whether caused by bugs, errors, system failures, updates, security breaches, or any other reason
We have no obligation to recover, restore, or compensate you for any lost data
You are solely responsible for maintaining backup copies of any data you wish to preserve
Bugs, errors, and technical issues may affect the App's functionality, your workout data, workout progress, and workout results. We disclaim all liability for any impact such issues may have on your use of the App.
11.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARKT LABS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:
Any indirect, incidental, special, consequential, or punitive damages
Any loss of profits, revenue, data, or business opportunities
Any personal injury or property damage arising from your use of the App
Any errors, mistakes, or inaccuracies in the App
Any unauthorized access to or use of our servers or your data
Any interruption or cessation of the App
Any bugs, viruses, or other harmful code transmitted through the App
Any loss of workout data, workout history, or workout progress
IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US FOR SUBSCRIPTIONS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. IF YOU HAVE NOT PAID ANY SUBSCRIPTION FEES, OUR MAXIMUM LIABILITY SHALL BE ZERO.
11.5 Essential Basis of Agreement
You acknowledge that the limitations of liability in this Section are an essential basis of the agreement between you and Arkt Labs Inc., and that Arkt Labs Inc. would not provide the App without these limitations.
12. Indemnification
You agree to indemnify, defend, and hold harmless Arkt Labs Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Your use of the App
Your violation of these Terms
Your violation of any rights of a third party
Any content you share through the App
Your participation in leaderboards
Any physical injury or health issue resulting from exercise activities
13. Dispute Resolution
13.1 Governing Law
These Terms and any disputes arising from or related to the App shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
13.2 Jurisdiction
Subject to the arbitration provisions below, you agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada for any disputes arising from or related to these Terms or the App.
13.3 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the App that cannot be resolved through informal negotiation shall be settled by binding arbitration in accordance with the Arbitration Act, 1991 (Ontario) or the Canadian commercial arbitration rules then in effect. The arbitration shall take place in Ontario, Canada, and the language of arbitration shall be English.
The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and expenses, and the parties shall share equally the costs of the arbitrator.
13.4 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
You waive any right to participate in a class action lawsuit or class-wide arbitration against Arkt Labs Inc. If this class action waiver is found to be unenforceable in your jurisdiction, then the entirety of this arbitration provision shall be null and void with respect to you, and any disputes shall be resolved in court.
13.5 Time Limitation
Any claim or cause of action arising from or related to the App must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
14. Account Termination
14.1 Termination by You
You may terminate your account at any time by deleting your account through the App's settings or by contacting us at support@arkt.io.
14.2 Termination by Us
We reserve the right to suspend or terminate your account at any time, for any reason or no reason, with or without notice. Reasons for termination may include, but are not limited to:
Violation of these Terms
Fraudulent, abusive, or illegal activity
Extended periods of inactivity
Request by law enforcement or government agencies
Discontinuation of the App
14.3 Effect of Termination
Upon termination:
Your right to use the App will immediately cease
Your workout data will be deleted within twelve (12) months following termination
Any unused subscription period will be forfeited unless otherwise required by applicable law
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution
15. International Users
15.1 Global Availability
The App is intended for use worldwide.
15.2 Compliance with Local Laws
You are responsible for compliance with all local laws applicable to your use of the App. If any provision of these Terms is unenforceable in your jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
15.3 Regional Requirements
To the extent required by local law in your jurisdiction:
European Economic Area, United Kingdom, and Switzerland: You may have additional rights under GDPR and UK GDPR. Nothing in these Terms limits your statutory rights as a consumer. Any mandatory consumer protection laws in your country of residence shall apply.
Australia: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Australian Consumer Law.
New Zealand: Nothing in these Terms excludes or limits any rights you may have under the Consumer Guarantees Act 1993.
California, USA: California residents may have additional rights under the California Consumer Privacy Act (CCPA) as described in our Privacy Policy.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Arkt Labs Inc. regarding your use of the App and supersede all prior agreements, understandings, and communications.
16.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
16.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Arkt Labs Inc.
16.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice.
16.5 Notices
We may provide notices to you through the App, by email to the address associated with your account, or by other reasonable means. You may contact us at:
Arkt Labs Inc.
2620 Credit Valley Rd., Mississauga, Canada
Email: support@arkt.io
16.6 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, power failures, internet disruptions, or third-party service outages.
16.7 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights. Nothing in these Terms shall be construed to create any rights enforceable by any person or entity that is not a party to these Terms, except as expressly provided herein.
16.8 Headings
The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
17. Contact Us
If you have any questions, concerns, or feedback regarding these Terms, please contact us at:
Arkt Labs Inc.
2620 Credit Valley Rd., Mississauga, Canada
Email: support@arkt.io
18. Acknowledgment
By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. You further acknowledge that these Terms constitute a binding legal agreement between you and Arkt Labs Inc.
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