This website is operated by Fitnonce, Inc., a Delaware Corporation. Throughout the site, the terms “we”, “us” and “our” refer to Fitnonce, Inc. We offer our mobile application (app) and website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices herein.
By downloading our app or visiting our site and/or transacting with us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service” or “Terms”), including any additional policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of our app or site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions, then you may not access this website, our app or use any services.
SECTION 1 – WHO WE ARE
Fitnonce, Inc. is a company that serves online apparel shoppers, online retailers and brands by delivering solutions that cater to the needs of all three groups in their symbiotic relationship. We strive to promote environmentally conscious online shopping and transparency in the products and services we offer. We go to great lengths to ensure data privacy and do not share customer/user data with any parties outside of ecosystem which include retailers and brands, except for brands and retailers we use as potential partners. If you have questions about our products, policies, or use of your data please contact us.
SECTION 2 – GENERAL CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products or Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 – ACCOUNT INFORMATION
Our app will allow you to create an account and login to gain access to additional features. Registration will require you to provide personal information including your name and email address. You agree to provide current, complete and accurate account information and to keep this information up to date.
SECTION 4 – ACCURACY, COMPLETENESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – PRODUCTS AND SERVICES
Our core product is a mobile application that matches consumer measurement data with detailed size specifications from brands to determine the best fit. Our app also allows retailers to securely and efficiently reward customers for maintaining a less costly return profile and allows brands to securely and efficiently reward customers for brand loyalty. The platform will be blockchain based.
Certain products or services may be available online through our website. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 – THIRD-PARTIES
Certain content, products and services available via our Service may include materials from third-parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party products, materials or websites. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit comments, feedback, or other submissions with or without a request from us, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 8 – PERSONAL INFORMATION
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our company, directors, owners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fitnonce Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
These Terms of Service are effective unless and until terminated by us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice.
SECTION 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Notwithstanding the foregoing, you may have other agreements with us, including but not limited to, purchase agreements that apply in addition to these Terms.
SECTION 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.
SECTION 17 – INTELLECTUAL PROPERTY
Fitnonce is a registered trademark of Fitnonce Inc. You may use our trademark to identify our products and services so long as your use of our trademarks complies with these Terms and you agree not to use our trademarks in any manner that infringes upon our intellectual property rights.
The content on this Site is copyrighted and protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Site solely for your personal and non-commercial use. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site, create derivative works from, use on any other website, transfer or sell any information obtained from this Site without our prior written permission.
SECTION 18 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, modify, discontinue or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us by email.
Providing transparency and protecting user privacy is one of our core values. We design all of our products and services with privacy in mind and ensure that no decision is taken without respect for your privacy.
We strive to be transparent in the way we process your data. We go to great lengths to ensure data privacy and we do not share user data with any parties other than retailers and brands and we never share pictures taken with our app for the purpose of extracting measurement data. Further, the pictures taken with our app for the purpose of extracting your measurement data are immediately discarded after the relevant data is extracted.
SECTION 1 – PERSONAL INFORMATION WE COLLECT
When you use our services, we automatically collect certain information about your device (Device Information), including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device.
We collect device hardware and software information device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple’s IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address).
We may also collect information on your wireless and mobile network connection, like your service provider and signal strength and information on device cameras and sensors such as accelerometers, gyroscopes and compasses.
Additionally, as you use our services, we collect information about the individual web pages or products that you view, what websites or search terms referred you to our services, and information about how you interact with the Site.
We may collect Device Information directly from the device once our app is installed as well as by using the following technologies:
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.
“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Personal Information: We also collect voluntarily provided profile information as well as online shopping activity information collected either from your device retailers who are our clients.
Additionally, we may employ the use of an associated Browser Extension (a software module used for customizing a web browser) to provide our services to you in which case we would collect your online shopping history data (except for payment details) in order to best deliver our services to you.
Social Media: You may be able to use your social media login (such as Facebook Login) to create and log into your Tinder account. This saves you from having to remember yet another user name and password and allows you to share some information from your social media account with us.
SECTION 2- HOW WE USE YOUR PERSONAL INFORMATION
We use the Order Information that we collect generally to fulfill any orders (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: communicate with you; screen our orders for potential risk or fraud; and to share advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our users browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SECTION 3 – SHARING YOUR PERSONAL INFORMATION
We may share your Personal Information with third party retailers and brands to help you get the perfect fit. We may also use analytic tools to help us understand how our users use the Site. We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
SECTION 4 – BEHAVIORAL ADVERTISING
As described above, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
SECTION 5 – YOUR RIGHTS
You have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us by email.
SECTION 6 – DATA RETENTION
We keep your personal information only as long as we need it for legitimate business purposes (as laid out in Section 5) and as permitted by applicable law.
SECTION 7 – CHANGES TO THIS POLICY
For more information about our privacy practices please contact us by email.