Terms of Use

Welcome to FitScanner, operated by ProgressIt ______ Ltd. ("FitScanner", "we" or "us"). Your use of this mobile application (the “App”), the services and content made available on the App (the "Services") are subject to these Terms of Use (these “Terms”). By downloading the App, you are agreeing to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using this App. The materials contained on the App are protected by applicable copyright and trademark law.

The App includes information and services made available by FitScanner. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Services provided through the App, or revise these Terms of Use. When we do, we will revise the “last updated” date given below. It is your responsibility to review these Terms frequently and to remain informed of any changes made. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of the Services will constitute your acceptance of such revised Terms of Use. The App is not intended for users under 13 years of age. If you are under 13, do not download and/or use the App and do not provide us with any personal information or photographs of you.

Our Services

FitScanner provides you with a technological solution for body features estimation, and also offers you a suitable training program and nutrition diet (both created by a certified trainer) (the "Services"). To use our Services, you will be required to upload a photograph of your body, from your neck to your knees. Please do not upload any photograph of your full body or your face. Following our instructions regarding the uploaded photographs and the use of the Services, is very important.

No reliance on information

Our Services are provided for general information only. It is not intended to constitute advice on which you should rely. Prior to using our Services, or if you feel the results you received are out of the ordinary in an extreme way, you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information you receive through the App. Either way, it will be in your best interest to consult a professional before taking any action based on the results of our estimation, including the use of the training program or following our suggested nutrition diet. Although we make reasonable efforts to provide accurate information, we make no representations, warranties or guarantees, whether express or implied, that the information provided by us is accurate or complete.

Disclaimer

Our Services are provided on an 'as is' basis. FitScanner makes no warranties, express or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Limitations

In no event shall FitScanner or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the App, even if FitScanner or a FitScanner authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Registration and Account

Using some of our Services does not require registration or creating an account. However, it should be noted that in the future, we may offer some features, such as monitoring your own progress, which may require you to register and set up an account ("Account") by choosing a username and a password. You may never use another user's account without permission. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your Account. You may control your user profile and how you interact with the Service by changing the settings in your account settings page. By providing FitScanner with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

In-App Purchases

Although our App is free, it might include in-app purchases, such as the personal training program or nutrition diet. In-app purchases may be made only upon entering the app store password and you are responsible for maintaining the security of such password. Your authentication and security maintaining is subject to specific terms of the app store. We do not process payments for in-app purchases nor have access to your credit card information. Payment transactions for in-app purchases are completed through the app store via your app store account. Any post purchase process are controlled by the app store and are subject to specific terms of such app store.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear on the App are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by FitScanner. Our App as a whole is protected by copyright and trade dress. Nothing on our App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our App, without the prior written permission of the Intellectual Property owner. FitScanner aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of FitScanner, may not be used in any way, without prior, written permission from FitScanner. FitScanner prohibits use of any logo of FitScanner or any of its affiliates as part of a link to or from any website unless FitScanner approves such link in advance and in writing. Fair use of FitScanner’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned on the Site may be the Intellectual Property of their respective owners.

Indemnity

You agree to defend, indemnify, and hold FitScanner and its respective officers, directors, employees, agents, representatives and affiliates harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the App or the Services provided through the App; (ii) your violation of these Terms; or (iii) your infringement of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.

Termination

You acknowledge and agree that FitScanner has the right, at any time and for any reason, at its sole discretion with or without notice to you: (i) to terminate and/or shut down (temporarily or permanently) parts or all of the Services. Upon termination of the Services, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Israel without giving effect to its conflict of laws rules and you irrevocably submit to the exclusive jurisdiction of the courts in the city of Tel Aviv, Israel.

Last updated: September 2017