3.1. In order to use the App, you must first register and create an account with us (“User Account”). As a first step, you are required to download the App and create an account. Before creating your User Account, you will be requested to read and accept these Terms, the Disclaimer, and review the Privacy Policy. The personal data related to your User Account will be processed in accordance with our Privacy Policy. Your User Account is not transferable, and you are solely responsible for any activities occurring through your User Account.
3.2. Any information provided to us during the registration process or otherwise, will be protected in accordance with our Privacy Policy separately provided on the App.
3.3. If you use App, you are responsible for maintaining the confidentiality of your password and other details in relation to your User Account and any activity that occurs in or through the User Account. By using App, you agree to immediately notify us about allegedly unauthorized use of your User Account or any other security breach related to your User Account. We will not be liable to any person for any loss or damage which may arise because of any failure by you to protect your password or User Account.
3.4. Any Client registering and creating a User Account hereby represents that they are duly authorized to do so. Further, the acceptance of these Terms of Use, they bind any business entity associated with them to these Terms of Use. At any time, you may delete your Account through the functionality of your User Account. Upon deactivation of the User Account, these Terms shall terminate.
3.5. If anyone other than yourself accesses your User Account, they may perform any actions available to you, make changes to your User Account, and accept any legal terms available therein, make various representations and warranties etc. Any such action/ activity will be deemed to have occurred on your behalf and in your name. The App has firewalls in place to protect the User Content but it does not guarantee any unauthorized access by any third party of your User Content. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting our Grievance Officer. If we have reason to believe that there is likely to be a breach of security or misuse of App, we may require you to change your password or we may suspend your account without any liability whatsoever. Further, we reserve the right to suspend or terminate your User Account if, at our sole discretion, we have grounds to believe that your use of App seriously and repeatedly breaches the Terms of Use. We may also suspend or terminate your User Account upon a lawful request of a public authority.
3.6. You also agree and confirm that you will:
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provide accurate, current and complete information whenever prompted by the App or when required by the App’s registration form (“Registration Data”).
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maintain and promptly update the Registration Data to keep it accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and refuse to use the App.
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indemnify and keep us indemnified from and against all claims resulting from the use of any detail/information/ Registration Data that you post and/or supply to us. We shall be entitled to remove any such detail/information/Registration Data posted by you without any prior information.
3. Account and Registration
2.1. Any person who is above 18 (eighteen) years of age and competent to contract under applicable laws is eligible to use / download the App. Your use and download of the App shall be treated as your representation that you are competent to contract.
2.2. The User represents and warrants that the User will be responsible, for all of the User's use of App (as well as use of User's account by others) and that the Trainer shall not be attributed with any liability for the content posted by you. Further, the Trainer shall not be responsible for any damage or injury caused (physical or otherwise). The Terms of Use shall be void where prohibited by applicable laws, and the use of App shall automatically stand revoked in such cases.
2. Eligibility
1 .1. The mobile application “It's Your Stomach” (“App”) is owned by “Barry Minkow” (“Trainer” or “Trainers”, “we” or “our” or “us”), a certified fitness Trainer from the USA and having its principal place of business at Ashburn Virginia , USA.
1.2. App is a product that allows personal trainers, wellness coaches and nutritionists (collectively, the “Trainers”) to provide training and coaching and interact with their clients (the “Clients”). App assists the Trainers in administering their business activities, i.e., to manage Clients, create workout plans, meal plans, recipes, and exercises, track the progress of the Clients, and upload and store documents, videos, and other files supporting Trainers’ business activities. App also allows the Clients to interact with the Trainers through the App and track their progress in the field of fitness, diet, and healthy lifestyle.
1.3. Any person using our App (“User” or “you”) shall be presumed to have read the Terms of Use (which includes the Disclaimer and Privacy Policy, separately provided on the App) and has unconditionally accepted the terms and conditions of use and these constitute a binding and enforceable agreement between the User and the Trainer.
1.4. The User of the App are governed by the following terms and conditions (“Terms of Use”) including the applicable policies which are incorporated herein by way of reference. By mere use of App, the User shall be under a binding obligation to comply with these terms and conditions including the policies mentioned hereinafter.
1.5. For the purpose of these Terms of Use, wherever the context so requires “User” shall mean any natural or legal person who has agreed to these Terms of Use on behalf of herself / himself or any other legal entity.
1.6. For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the use of App, including the User Content (as defined hereinafter).
1.7. The Terms of Use may be revised or altered by the Trainer at its sole discretion at any time without any prior intimation to the Users. The latest Terms of Use will be posted here. By continuing to use or access App after changes are made, you agree to be bound by the revised/ altered Terms of Use.