Home Legal Terms & Conditions, Part 1

Terms & Conditions, Part 1

Graham Morris
By GrahamYF • Last updated on Oct 24, 2023

Yes.Fit provides fitness experiences that help you start moving and stay moving, and empower you to lead a healthier, more active life. These Terms of Service ('Terms') apply to your access and use of Yes.Fit. 'Yes.Fit' includes our applications, software, websites, APIs, products, and services.

These Terms are an agreement between you and IR4C Inc. dba Yes.Fit, 3715 Drane Field Road, Lakeland, FL 33811 U.S.A. When the Terms mention 'Yes.Fit,' 'we,' 'us,' or 'our,' they refer to the party to your agreement that provides you with Yes.Fit.

You must accept these Terms to create a Yes.Fit account and to access or use Yes.Fit. If you do not have an account, you accept these Terms by using any part of Yes.Fit. If you do not accept these terms, do not create an account or use Yes.Fit.


For information about our data practices, please see our Privacy Policy, including our Cookie Use

statement. By accessing or using Yes.Fit, you agree that we can collect and use your information

in accordance with the Privacy Policy.


Persons under the age of 13, or any higher minimum age in the jurisdiction where that person

resides, are not permitted to access or use Yes.Fit unless their parent has consented in

accordance with applicable law. Additionally, you cannot access or use Yes.Fit if you are barred

from receiving services under applicable law or have previously been suspended or removed

from Yes.Fit.


Full use of Yes.Fit requires that you create an account by providing us with information such as

your full name and a valid email address, as well as a strong password. You are responsible for

all activity that occurs in association with your account. Yes.Fit is not liable for any loss or

damages caused by your failure to maintain the confidentiality of your account credentials.

Please contact Customer Support if you discover or suspect any security breach related to Yes.Fit

or your account.


Full use of Yes.Fit is dependent upon your use of a computer with adequate software or a

supported mobile device and Internet access. The maintenance and security of this equipment

may influence the performance of Yes.Fit and it is your responsibility to ensure the equipment's

functionality. You are responsible for all Internet access charges. Please check with your Internet

provider for information on possible Internet data usage charges.


Yes.Fit may enable you to post, upload, store, share, send, or display photos, images, video,

data, text, music, exercise regimens, food logs, recipes, comments, and other information and

content ('Your Content') to and via Yes.Fit. You retain all rights to Your Content that you post to

Yes.Fit. By making Your Content available on or through Yes.Fit you hereby grant to Yes.Fit a

non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify,

publicly display, publicly perform, reproduce, translate, create derivative works from, and

distribute Your Content, in whole or in part, including your name and likeness, in any media. The

rights you grant us in this Section 5 are only for the limited purpose of offering and improving

Yes.Fit.You are responsible for Your Content. You represent and warrant that you own Your Content or

that you have all the rights necessary to grant us a license to use Your Content as described in

these Terms.

You represent and warrant that Your Content, the use and provision of Your Content on Yes.Fit,

and your use of Yes.Fit will not (a) infringe, misappropriate, or violate a third party's patent,

copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of

publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law

or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive;

(d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination,

bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or

threatening or promote violence or actions that are threatening to any person or entity; or (g)

promote illegal or harmful activities or substances.

You further agree not to (1) upload any content that contains software viruses or is designed to

interrupt, destroy, or limit the functionality of any equipment or services, or that contains other

harmful, disruptive, or destructive files or content; (2) use or attempt to use another user's

account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect

information of other users for any reason whatsoever, including, without limitation, for sending

unsolicited communications; (4) post, advertise, or promote products or services commercially,

or upload any content that is advertising, promotional material, junk mail, spam, or a contest or

sweepstake, or that furthers or promotes criminal activity; or (5) use Yes.Fit in any manner that,

in our sole discretion, is objectionable or restricts or inhibits any other person from using or

enjoying Yes.Fit, or which may expose us or our users to any harm or liability of any type.

Yes.Fit may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and

may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to

and via Yes.Fit.


'Yes.Fit Content' includes any photos, images, graphics, video, audio, data, text, music, exercise

regimens, food logs, recipes, comments, software, works of authorship of any kind, and other

information, content, or other materials that are posted, generated, provided, or otherwise made

available through Yes.Fit. Yes.Fit Content, Yes.Fit, and its underlying technology are protected by

copyright, trademark, patent, intellectual property, and other laws. We reserve all rights not

expressly set forth in these Terms. You agree not to remove, change or obscure any copyright,

trademark, service mark, or other proprietary rights notices incorporated in or accompanying

Yes.Fit. Our logos and any other Yes.Fit trademarks that may appear on Yes.Fit, and the overall

look and feel of Yes.Fit, including page headers, graphics, icons, and scripts, may not be copied,

imitated or used, in whole or in part, without our prior written permission. Other trademarks,

product, and service names and company names or logos mentioned on Yes.Fit are the property

of their respective owners and may not be copied, imitated or used, in whole or in part, without

the permission of the applicable trademark holder.


Yes.Fit is intended for your personal use.

Yes.Fit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable

license to (1) access and use Yes.Fit, (2) access and view the Yes.Fit Content, and (3) access and

use the software and mobile applications provided by Yes.Fit. With respect to item (3), this

license includes any third-party software embedded in any Yes.Fit Service. This license is

provided solely for your personal, non-commercial use and enjoyment of Yes.Fit as permitted in

these Terms.You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works

based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly

perform, transmit, broadcast, or otherwise exploit the Yes.Fit Content, Yes.Fit Service or any

portion thereof (including any third-party software), except as expressly permitted in these

Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual

property rights owned or controlled by Yes.Fit or its licensors, except for the licenses and rights

expressly granted in these Terms.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage

or assist others in performing any of the following while accessing or using Yes.Fit: (1) use,

display, mirror, or frame Yes.Fit or any individual element within Yes.Fit, including the layout and

design of any page, without Yes.Fit's express written consent; (2) use Yes.Fit's name, any Yes.Fit

trademark or logo, or any Yes.Fit proprietary information without Yes.Fit's express written

consent; (3) access or tamper with non-public areas of Yes.Fit, Yes.Fit's computer systems, or the

technical delivery systems of Yes.Fit's providers; (4) test the vulnerability of any Yes.Fit system

or breach any security or authentication measures; (5) circumvent any technological measure

implemented by Yes.Fit or any of Yes.Fit's providers or any other third party (including another

user) to protect Yes.Fit; (6) access Yes.Fit or Yes.Fit Content through the use of any mechanism

other than through the use of an Authorized Connection, Yes.Fit Service, or Yes.Fit API; or (7)

modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive

the source code of any software that Yes.Fit provides to you or any other part of Yes.Fit.


You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to

Yes.Fit for noncommercial purposes, provided that such link does not portray us or any of our

products or services in a false, misleading, derogatory, or otherwise defamatory manner, and

provided further that the linking site does not contain any adult or illegal material or any material

that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any

time in Yes.Fit's sole discretion.


We reserve the right (but are not required) to remove or disable access to Yes.Fit, any Yes.Fit

Content, or Your Content at any time and without notice, and at our sole discretion, if we

determine that the Yes.Fit Content, Your Content, or your use of Yes.Fit is objectionable or in

violation of these Terms. We have the right to investigate violations of these Terms and any

conduct that affects Yes.Fit, and in response may take any action we may deem appropriate.


If you rely on any Yes.Fit Content or Yes.Fit, you do so solely at your own risk.

Our goal is to provide helpful and accurate information on Yes.Fit, but we make no endorsement,

representation, or warranty of any kind about any Yes.Fit Content, information, or services.

We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of

information you receive through Yes.Fit. Yes.Fit Content and Yes.Fit may change from time to

time or vary by geographic location. Maps, directions, and other GPS or navigation data,

including data relating to your current location, may be unavailable, inaccurate, or incomplete.

Use of Yes.Fit should not replace your good judgment and common sense. Please read and

comply with all safety notices that accompany your use of Yes.Fit.

11. CONSULT YOUR DOCTOR BEFORE USING YES.FITYes.Fit is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or

heart condition, consult your doctor before using Yes.Fit, engaging in an exercise program, or

changing your diet. If you experience a medical emergency, stop using Yes.Fit and consult with a

medical professional. We are not responsible for any health problems that may result from

training programs, consultations, products, or events you learn about through Yes.Fit. If you

engage in any exercise program you receive or learn about through Yes.Fit, you agree that you

do so at your own risk and are voluntarily participating in these activities.


Yes.Fit respects the intellectual property of others and expects its users to do the same. It

is Yes.Fit's policy, in appropriate circumstances and at our discretion, to disable or terminate the

accounts of users who repeatedly infringe the rights of copyright holders.


Terms of Sale and Returns and Warranty

Yes.Fit's Terms of Sale and Returns and Warranty Policy apply to purchases of physical goods

from Yes.Fit. The Terms of Sale are incorporated into and made a part of these Terms. All orders

placed are subject to Yes.Fit's acceptance. We may accept, decline, or place limits on your order

for any reason.

Paid Services

Your purchase and use of any of our paid services are subject to the Yes.Fit Terms for Paid

Services, which are incorporated into these Terms.


If you submit comments, ideas, or feedback to us, you agree that we can use, disclose,

reproduce, distribute, and exploit them without any restriction or compensation to you. We do

not waive any rights to use similar or related ideas or feedback previously known to us,

developed by Yes.Fit, or obtained from sources other than you. Our Feedback and Submissions

Policy is also part of the Terms.


Additional terms and conditions may apply to surveys, contests, giveaways, and other

promotions sponsored by Yes.Fit or its partners. It is your responsibility to carefully review those

terms and conditions.


As part of your use of Yes.Fit, you may receive notifications, text messages, alerts, emails, and

other electronic communications. You agree to the receipt of these communications. We may

need to provide you with certain communications, such as service announcements and

administrative messages. You are responsible for any messaging or data fees you may be

charged by your wireless carrier. Any notices, agreements, disclosures, or other communications

that we send to you electronically will satisfy any legal communication requirements, including

that the communication be in writing.


The Yes.Fit mobile message service (the "Service") is operated by Yes.Fit (“Yes.Fit”, “we”, or

“us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile

Terms”). We may modify or cancel the Service or any of its features without notice. To the extent

permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute

your acceptance of such changes.

By consenting to Yes.Fit’s SMS/text messaging service, you agree to receive recurring SMS/text

messages from and on behalf of Yes.Fit through your wireless provider to the mobile number you

provided, even if your mobile number is registered on any state or federal Do Not Call list. Text

messages may be sent using an automatic telephone dialing system or other technology.

Service-related messages may include updates, alerts, and information (e.g., order updates,

account alerts, etc.). Promotional messages may include promotions, specials, and other

marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases,

and your consent is not a condition of any purchase with Yes.Fit. Your participation in this

program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated

with text messaging imposed by your wireless provider. Message frequency varies. Message and

data rates may apply. Check your mobile plan and contact your wireless provider for details. You

are solely responsible for all charges related to SMS/text messages, including charges from your

wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to

+18446420133 or click the unsubscribe link (where available) in any text message to cancel.

You'll receive a one-time opt-out confirmation text message. No further messages will be sent to

your mobile device, unless initiated by you. If you have subscribed to other Yes.Fit mobile

message programs and wish to cancel, except where applicable law requires otherwise, you will

need to opt out separately from those programs by following the instructions provided in their

respective mobile terms.

For Service support or assistance, email info@yes.fit.

We may change any short code or telephone number we use to operate the Service at any time

and will notify you of these changes. You acknowledge that any messages, including any STOP or

HELP requests, you send to a short code or telephone number we have changed may not be

received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered

messages. You agree to provide us with a valid mobile number. If you get a new mobile number,

you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed,

or misdirected delivery of any information sent through the Service, any errors in such

information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information,

please see our Privacy Notice.