Termsof Use
“finofitness” App & Equipment
Introduction
TheTerms of Use applies to the services offered by IBASE Solution Inc. and itsaffiliates, subsidiaries and divisions (collectively, the "fino fitness,""we," "our," and "us") via finofitness equipment (the “Equipment”)that is marketed and sold under the names and trademarks of “fino” (the “Trademarks”). TheEquipment is connected with an application program (the “APP”) either on amobile device (e.g., a smart mobile phone or a tablet) or on an Equipmentmonitor, and heart-rate monitor (the “HR monitor”). Such application ismarketed and sold under either of the Trademarks, is developed by IG, and isavailable through either Apple Store or Google Play, depending on the operatingsystem of device you(You or User) use. With the Equipment, the HR monitor andthe App, You will be able to enjoy online virtual fitness training classesoffered by fino fitness(the “Service”)
BeforeYou can access the classes offered by fino fitness via the App, You arerequired to register an account with the App. For safety reasons, You must beat least 18 years old toregister with and use the App. Your rights and obligations in connection withthe use of the Equipment, the App, and the HR monitor as defined below will besubject to this Terms of Use (the “Terms”).
Byregistering an account with the App, You indicate Your acceptance and agreementto be bound by the Terms, which forms a binding agreement between You and finofitness for the use of the App and the services through such App (the “ Service”).
Registrationand Access to the fino Service
Uponcreation of an account on the App, You will be responsible for all activitiesthat occur under Your account, including any activity by unauthorized users.You may not allow others to use Your account as doing so will result inunwanted sharing/disclosure of Your personal information and affect thecalculation of Your workout performance and/or class recommendations.
Itis Your responsibility to safeguard the confidentiality of Your password andchange the password periodically. In case You are using a device that othershave access to, you must log out of Your account after Your workout session. IfYou become aware of an unauthorized access to Your account, change Yourpassword and notify fino fitness immediately.
Accessibilityto the Service
TheService and the functionality of the App may change over time at finofitness sole discretion. These changes may be in the type of servicesor functions being offered, formatting of existing services or interface of theApp, adding new services or features, or removal of previously availablefeatures. These changes may occur without warning.
finofitnessmay interrupt access to the App or the Service to perform maintenance, fixsystem issues or failures, or to resolve security breaches or other issuesbeyond the control of fino fitness. While fino fitness willmake reasonable efforts to notify Users of all planned outages, some incidentsmay require that the services be interrupted without warning and for anundetermined duration. fino fitness reserves the right to suspendthe App and/or the Service at any time if the Terms have been violated.
License
Subjectto Your compliance with these Terms and only for so long as You are allowedaccess to the Service, fino fitness grants You a limited,non-transferable, non-exclusive, revocable right and license to access and usethe App and the Service for Your own personal, non-commercial purposes. Suchright may not be assigned or sublicensed to anyone. This license includes theright to view the virtual classes video clips (the “Content”) available onthe Service. This license will remain in effect unless and until You violatethese Terms or this license is terminated by fino fitness.
Exceptas expressly permitted in writing by an authorized representative of finofitness, You will not reproduce, redistribute, sell, transfer, createderivative works from, decompile, reverse engineer, or disassemble the App orthe Service, nor will You take any measures to interfere with or damage the Appor the Service. Unless otherwise specified, copying or modifying any Content orusing Content for any purpose other than Your personal, non-commercial use ofthe App or the Service, is strictly prohibited. All rights not expressly granted by finofitness in these Terms are reserved.
Forthe avoidance of doubt, the title and ownership of the Trademark belongs to finofitness. There is no license being granted to You regarding the use of theTrademark with your purchase of the Equipment or Your subscription to andregistration with the App and the Service.
Warningsand Notices
Workoutresult calculations
TheService employs computer algorithms to determine Your workout performance basedon the information provided by You during account registration and theinformation extracted from the heart-rate monitor You may have connected to theEquipment and then generates and delivers the result of calculation to You viathe Service for Your reference. Suchcalculation and feedback is to be provided as a general guidelines orinformation for Your convenient reference only and is not meant to be deemed asany type of medical or professional medical or health diagnosis or opinion. fino fitness does not guarantee the level of accuracyor reliability of the feedback and does not intend to provide a service that isreserved for members of the healthcare profession.
Useof Content
TheContent will be accessible after You complete the required subscriptionprocess. It is Your responsibility to choose workouts that are suitablefor Your physical fitness capacity, follow the guidance of the classinstructor(s), understand and abide by any restrictions and warnings for achosen workout class, and stop a workout session should You feel fatigue.
finofitness will not be responsible for injuries or damages sustainedor incurred by You should the injuries or damages be a result of Your failureto observe Your own health condition while choosing or during a workout andfollow the instructions and/or abide by the warnings or restrictions of aworkout class.
Sharingand processing of data
Forany information about the processing of personal data by fino fitness,please refer to fino fitness’s Privacy Policy. The App and the Servicewill allow You to share information in Your personal profile and fitness datawith other users upon Your consent. You understand that any type of sharing ofpersonal data contains certain level of risks. As such, You should agree toshare Your profile information with other users with caution. fino fitness shall not be held responsible or liablefor any loss, damage, injury, or other matters of any sort incurred as theresult of such sharing.
Usebeyond the purpose intended
Youunderstand that the Equipment, the App, and the Service are offered to allowYou to work out with a virtual personal trainer (the “Purpose”) for Your ownpersonal benefit. You shall refrain from using the Equipment, the App, or theService for anything other than the Purpose.
ShouldYou breach this provision and cause harm or damage to Yourself or any thirdparty, fino fitness (including its directors, officers, employees andagent) shall not be held liable and shall be fully indemnified by You for anyclaims, damages, losses, and costs in connection with any claims brought uponby third-parties.
GoverningLaw and Dispute Resolution
Allcontroversies or disputes relating to the use of the Service as well as theinterpretation and performance of the Terms will be governed by and construedin accordance with the laws of Taiwan.
Ifany controversy or dispute occurs in relation to the interpretation andperformance of the Terms, You and fino fitness shall each makegood-faith effort to resolve such dispute amicably. In case that any suchdispute or controversy cannot be resolved within ninety (90) days, then eitherparty agrees to submit such dispute to Taipei District Court of Taiwan as theexclusive court of first instance for dispute resolution.
Amendmentof Terms
finofitnessmay update these Terms at any time, in our sole discretion. In case of anyupdate of the Terms, at a minimum, fino fitness would post the updatedTerms (as indicated by a revised “Last Updated” date at the top of this page)through the App and/or the Service. Modifications will be effective on the datethat they are posted through the on the App or through the Service, whicheveris earlier.
Itis important that You review the Terms whenever they are updated before Youcontinue to use the App or the Service. Your continuous use thereof will bedeemed as Your acceptance and agreement to the updated Terms.
ContactUs
Youconsent to receive all communications including notices, agreements,disclosures, or other information from fino fitness electronically. finofitness may communicate by email or by posting to the Service or the Appthrough push notifications.
In caseof any problems with the functions of the Equipment, the App, and/or theService, You may contact to our customer support service.
Forall other communications with or notices to fino fitness in connectionwith the Terms, please contact fino fitness at support@finofitness.com
