18. THIRD-PARTY SERVICES
Yes.Fit may display or permit linking or other access to, or use of third-party content,
promotions, websites, apps, services and resources (collectively 'Third-Party Services') that are
not under Yes.Fit's control. This may include the opportunity for you to link your Yes.Fit account,
Yes.Fit data, or Yes.Fit with Third-Party Services. We provide these links only as a convenience
and are not responsible for the products, services, or other content that are available from Third-
Party Services. You acknowledge that any Third-Party Services that you use in connection with
Yes.Fit, such as third party applications accessed on Yes.Fit devices, are not part of Yes.Fit and are not controlled by Yes.Fit, and you take sole responsibility and assume all risk arising from
your interaction with or use of any Third-Party Services. You also acknowledge that these Terms
of any Third-Party Services.
19. CHANGES TO YES.FIT
Yes.Fit may change or discontinue, temporarily or permanently, any feature, component, or
content of Yes.Fit at any time without notice. Yes.Fit is not liable to you or to any third party for
any modification, suspension, or discontinuance of any feature, component, or content of Yes.Fit.
We reserve the right to determine the timing and content of software updates, which may be
automatically downloaded and installed by Yes.Fit products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects
or all of Yes.Fit, or to terminate these Terms, at our sole discretion, at any time and without
notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete
or remove Your Content and other information related to your account. You may close your
account at any time by contacting Customer Support.
YES.FIT AND YES.FIT CONTENT ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND.
WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED
WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR YES.FIT, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
USAGE OF TRADE. We make no warranty that Yes.Fit or Yes.Fit Content will meet your
requirements or be available on an uninterrupted, secure, or error-free basis. We make no
warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of
Yes.Fit or any Yes.Fit Content.
You will indemnify and hold harmless Yes.Fit or its officers, directors, employees, affiliates,
agents, licensors, and contractors from and against any claims, suits, actions, demands,
disputes, allegations, or investigations brought by any third party, governmental authority, or
industry body, and all liabilities, damages, losses, costs, and expenses, including without
limitation reasonable attorneys' fees, arising out of or in any way connected with (i) your access
to or use of Yes.Fit, (ii) Your Content, (iii) your breach or alleged breach of any warranties made
by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of
any law or the rights of a third-party. We reserve the right to assume control of the defense of
any third-party claim that is subject to indemnification by you, in which event you will cooperate
with us in asserting any available defenses.
23. LIMITATION OF LIABILITY
NEITHER YES.FIT, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING YES.FIT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR
GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE
USE OF OR INABILITY TO USE YES.FIT, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YES.FIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A
LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL YES.FIT'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE
TERMS OR FROM THE USE OF OR INABILITY TO USE YES.FIT EXCEED THE AMOUNTS YOU HAVE
PAID TO YES.FIT FOR USE OF YES.FIT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD
ANY PAYMENT OBLIGATIONS TO YES.FIT, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YES.FIT AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
24. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE
CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK
RELIEF FROM US.
You agree that any dispute between you and Yes.Fit arising out of or relating to these Terms of
Service, Yes.Fit, or any other Yes.Fit products or services (collectively, 'Disputes') will be
governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the
resolution of any Disputes shall be governed by and construed in accordance with the laws of the
State of Florida without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal
case. Before filing a claim against Yes.Fit, you agree to try to resolve the Dispute informally by
contacting email@example.com. We'll try to resolve the Dispute informally by contacting you through
email. If a dispute is not resolved within 45 days after submission, you or Yes.Fit may bring a
We Both Agree To Arbitrate: You and Yes.Fit agree to resolve any Disputes through final and
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting
info@Yes.Fit.com within 15 days of first accepting these Terms of Service and stating that you
(include your first and last name) decline this arbitration agreement.
No Class Actions: You may only resolve Disputes with Yes.Fit on an individual basis, and may not
bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Class arbitrations, class actions, private attorney general actions, and consolidation with other
arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the
agreement to arbitrate is found not to apply to you or your claim, you and Yes.Fit agree that any
judicial proceeding (other than small claims actions) will be brought in the federal or state courts
of Polk County, Florida. Both you and Yes.Fit consent to venue and personal jurisdiction there.
We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to your use of the Yes.Fit products or Yes.Fit Service must be filed
within one (1) year after such claim or cause of action arose, or else that claim or cause of action
will be barred forever.
25. GENERAL TERMS
Except as otherwise stated herein, these Terms constitutes the entire and exclusive
understanding and agreement between Yes.Fit and you, and these Terms supersede and replace
any and all prior oral or written understandings or agreements between Yes.Fit and you
regarding Yes.Fit and Yes.Fit Content.
When you use Yes.Fit after a modification of these Terms become effective, you are telling us
that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or
unenforceable, that provision will be enforced to the maximum extent permissible and the other
provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise,
without Yes.Fit's prior written consent. Any attempt by you to assign or transfer these Terms,
without such consent, will be null. Yes.Fit may freely assign or transfer these Terms without
restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties,
their successors, and permitted assigns.
Any notices or other communications provided by Yes.Fit under these Terms, including those
regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to Yes.Fit. For
notices made by e-mail, the date of receipt on the message will be deemed the date on which
such notice is transmitted.
Yes.Fit's failure to enforce any right or provision of these Terms will not be considered a waiver
of such right or provision. The waiver of any such right or provision will be effective only if in
writing and signed by a duly authorized representative of Yes.Fit. Except as expressly set forth in
these Terms, the exercise by either party of any of its remedies under these Terms will be
without prejudice to its other remedies under these Terms or otherwise.
26. USE OF LOCATION DATA IN THE APP
The Yes.Fit app has an integrated fitness tracker you can use to log miles. When in use, the
fitness tracker collects location data to map your route and distance, even when the app is
closed or in the background. When you press the tracker stop button to end your workout, we
will stop collecting location data until you use the tracker again.
No other feature of the app collects or uses location data.
27. ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict
between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at firstname.lastname@example.org or at our mailing address below.
IR4C Inc. dba Yes.Fit
4121 Drane Field Road
Lakeland, FL 33811
YES.FIT TERMS FOR PAID SERVICES
These Yes.Fit Terms for Paid Services (the 'Paid Service Terms') apply to your purchase and use
of any paid Yes.Fit services, including automatically renewing subscription services ('Programs')
and purchases (collectively the 'Paid Services').
By purchasing or using a Paid Service, you agree to be bound by the Yes.Fit Terms of Service,
which incorporate these Paid Service Terms and include a mandatory arbitration provision, and
any separate terms and conditions presented to you in conjunction with your use of the Paid
Services. If you do not accept these terms, do not purchase, access, or use our Paid Services.
1. PAID SERVICES
Paid Services include content and personalized, interactive services. They may be one-time
purchases or automatically renewing subscription services. We may make changes to, suspend,
or discontinue Paid Services at any time for any reason, and we have the sole discretion to
determine which portions of Yes.Fit require payment.
Automatically Renewing Subscriptions. Your Subscription term may vary, for example, with
monthly or annual automatic renewal terms (a 'Subscription Term'), as described in the course of
your transaction. Your Subscription will automatically renew for additional Subscription Terms as
long as your Subscription continues until you cancel it or we suspend or stop providing the
Subscription in accordance with our Terms of Service. Unless otherwise indicated by us, you will
be charged prior to, or at the beginning of each renewal term.
Subscription Cancellation. You may cancel your Subscription at any time. Your cancellation will
take effect at the end of the current Subscription Term.
In the event you cancel your Subscription, note that we may still send you promotional
communications about Yes.Fit, unless you opt out of receiving those communications by
following the unsubscribe instructions provided in the communications.
No Refunds on Subscriptions. When you cancel a Subscription, you cancel only future charges for
your Subscription. You will not receive a refund for the current Subscription Term you paid for,
but you will continue to have full access to that Subscription until the end of that current
Subscription Term. At any time for any reason, we may provide a refund, discount, or other
consideration ('credits') to some or all of our users. The amount and form of such credits, and the
decision to provide them, are at our sole and absolute discretion. The provision of credits in one
instance does not entitle you to credits in the future for similar instances, nor does it obligate us
to provide credits in the future.
Free Trials. From time to time, we may offer free trials for specified periods of time without
payment. Once your free trial ends, we (or our third-party payment processor) will begin billing
your designated payment method on a recurring basis for your Subscription (plus any applicable
taxes and other charges) for as long as your Subscription continues, unless you cancel your
Subscription prior to the end of your free trial. To avoid any charges, you must cancel your
Subscription before the end of your free trial period.
Price Changes. We reserve the right to adjust pricing for our Paid Services or any components
thereof in any manner and at any time. Any price changes will take effect following notice to you.
3. ONE-TIME PURCHASES
Certain Paid Services are one-time purchases, and not subscription-based. One-time purchases
may be cancelled or refunded within the first 30 days.
4. PAYMENT AND BILLING
You authorize Yes.Fit to charge your chosen payment method for the Paid Services. By providing
a payment method that we accept, you represent and warrant that you are authorized to use the
designated payment method and that you authorize us (or our third-party payment processor) to
charge your payment method for the total amount of your purchase (including any applicable
taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not
acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we
encounter in relation to the payment method you select in order to proceed with your use of the
Please note that if you accept a promotional offer or make changes to your Paid Services, the
amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency
exchange rates. You authorize us (or our third-party payment processor) to charge your payment
method for the corresponding amount.
If you initiate a chargeback against Yes.Fit, we incur substantial fees above and beyond those
fees related to your purchase. Once we are informed of a chargeback, we will attempt to contact
you to resolve the chargeback. If we are unable to resolve the chargeback, Yes.Fit reserves every
right to block your access to your account and limit participation on Yes.Fit.
Once access to your account has been blocked or participation has been limited, you may
request reinstatement by contacting email@example.com. In order to be reinstated, you will be required
to pay all chargeback fees and related expenses incurred by Yes.Fit as a result of your
6. REPRESENTATIONS, WARRANTIES, AND COVENANTS
Any Paid Services are personal to you and may not be used by any other person. You will not
allow anyone else to use your Paid Services, and you will not transfer any Subscription or
disclose your password to any other person. You will report to Yes.Fit any unauthorized or
prohibited use of your Paid Services.