Terms & Conditions, Part 1
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.
1. READ OUR PRIVACY POLICY
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.
2. USE OF YES.FIT
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.
3. CREATING AN ACCOUNT
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.
4. NECESSARY EQUIPMENT
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.
5. POSTING YOUR CONTENT ON YES.FIT
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.
6. YES.FIT'S RIGHTS
'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.
7. WHAT YOU CAN DO ON YES.FIT
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.
8. HYPERLINKS
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.
9. OUR ENFORCEMENT RIGHTS
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.
10. USE YES.FIT AT YOUR OWN RISK
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.
12. DMCA/COPYRIGHT POLICY
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.
13. TERMS OF SALE, RETURNS AND WARRANTY, AND PAID SERVICES
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.
14. FEEDBACK AND SUBMISSIONS POLICY
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.
15. CONTESTS AND GIVEAWAYS
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.
16. ALERTS AND NOTIFICATIONS
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.
17. MOBILE TERMS OF SERVICE
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.
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