TimiFiT - Terms and Conditions of Use

Timi Group Inc. (hereinafter, “TimiFiT”) operates a mobile platform accessible via www.TimiFiT.com (hereinafter, the “Platform”) by means of computer and mobile devices enabling its users, Networks, and organizations to take part in fitness competitions and earn fitness rewards via the network known as TimiFiT.

To this effect, the Platform offers registered users, Networks, and organizations (hereinafter, the “Users” or, individually, the “User”) the options of employing features to participate and share fitness data that is collected from wearable fitness tracking devices. The Service shall be accessible free of charge, with the exception of in App features related to Gamification.

Certain aspects resulting from the use of Gamification may be governed by additional conditions. For example, the above included in App purchases of Gamification related as such cases warrant, TimiFiT shall make any applicable additional conditions available to Users, Networks, and organizations and Users, Networks, and organizations shall have the opportunity to accept said additional conditions. In the event of any discrepancy between the additional conditions and these initial Conditions of Use, the additional conditions shall prevail.

Therefore, the initial Conditions of Use (including the documents mentioned herein), the additional conditions (including the documents mentioned therein), the Privacy Policy and the Cookies Policy form an integral part of this contractual agreement between TimiFiT and the Users, Networks, and organizations (hereinafter, the “Contract of Adherence to TimiFiT”). Said initial Conditions of Use and said other documents shall hereinafter be referred to, together or separately, as the “Terms and Conditions”.

Acceptance of initial conditions of use

We kindly request users, Networks, and organizations to carefully read the initial Conditions of Use, as the completing and sending of the registration form provided by TimiFiT on the Platform (hereinafter, the “Registration Form”) entails full and unreserved acceptance of the initial Conditions of Use. To this effect, before a Registration Form can be sent, the User shall be required to electronically accept the initial Conditions of Use.

Consequently, upon accessing the Platform and registering prior to its use in accordance with the categories envisioned in these initial Conditions of Use, the User declares that he/she has read these initial Conditions of Use and undertakes to unreservedly comply with them.

Users, Networks, and organizations should not use the Service in the event that they do not agree with the Terms and Conditions.



Mandatory User Registration

Requirements to become users, Networks, and organizations of TimiFiT

To become a user of the Service (hereinafter, collectively, the “Users, Networks, and organizations” and, individually, the “User”), users, Networks, and organizations declare and guarantee that:

  • In the case of natural persons, they are over 17 years old; or

  • In the case of companies, organizations, governments and other legal entities, the natural person who performs the registration has the due authorization to do so.


Mandatory registration to access and use the Service

Users, Networks, and organizations acquire the status of User once the Contract of Adherence to TimiFiT has been formalized and the provisions of this clause have been complied with.

For the purposes of the provisions of the current applicable legislation on consumer protection regarding contracting in the digital world and commerce, TimiFiT hereby informs users, Networks, and organizations that the procedures to sign the Contract and, therefore, to become a User are, consecutively, the following:

  • Email registration and then the user must “Sign in” and/or create a TimiHealth Account.

  • In the case of companies, organizations, governments and other legal entities, the natural person who performs the registration has the due authorization to do so.

The data entered by the user to register as a User must be exact, current and real, and false data shall therefore not be accepted. In the event that the User provides false, inaccurate, outdated or incomplete data, TimiFiT shall have the right to suspend or cancel the Contract of Adherence to TimiFiT and his/her account, as well as to prevent access to all or part of the Service in the future, under the conditions established in these initial Conditions of Use.

If the natural or legal person who performs the registration does not act on his/her own behalf, said person undertakes to act on behalf of a natural or legal person who complies with the above conditions, either through legal representation or by an express mandate for the formalization of the Contract of Adherence to TimiFiT, as well as all the rights and obligations entailed by the above. Said person must also have been authorized to disclose the information necessary for the use of the Service.

In the event that the User violates the applicable legislation, including criminal law, or any designed to protect the rights of a third party, or if his/her conduct harms the interests of any person, including TimiFiT, or the use of the Service by another User, TimiFiT shall have the right to suspend or cancel the Contract of Adherence to TimiFiT and his/her account, without prior notice, and prevent access to all or part of the Service in the future under the conditions established in these initial Conditions of Use.


User account and password

Once the Contract of Adherence to TimiFiT has been formalized, TimiFiT shall establish the Name as the username or, if applicable.

The password chosen by the User during the registration process provides access to the Service and is therefore confidential. As a result, the User is solely responsible for said password. If the User detects that someone has used it without his/her approval, he/she should immediately reset their account password.

In any event, whatever is done following access with the User’s password shall be recorded as done by said User.

Use of the platform

Users, Networks, and organizations must use the Platform and the Service in accordance with the provisions of the law, morals, public order and the initial Terms and Conditions.

Similarly, during the use of the Platform and the Service Users, Networks, and organizations shall have the opportunity to use certain features and earn Rewards which may be subject to additional conditions, in which case TimiFiT shall provide. TimiFiT from time to time may modify TimiBit earn ratios without notice. TimiFiT in app rewards known as "TimiBits" are earned by using the TimiFiT mobile app technology. The TimiBit conversion into a transact-able reward via your TimiHealth Wallet are distributed monthly beginning on April 15, 2021 and each 15th of the month here after. Timi Group Inc. reserves the Right to deny any distribution of the transact-able reward if mis-use of the TimiFiT mobile app technology is detected.

Users, Networks, and organizations with any applicable additional conditions and, as appropriate, Users, Networks, and organizations shall have the opportunity to accept said additional conditions. In the event of any discrepancy between the additional conditions and these initial Conditions of Use, the additional conditions shall prevail.

Generally speaking, Users, Networks, and organizations must use the Service properly and not for the purpose of conducting unlawful activities or any constituting a crime, violating the rights of other persons or entities or infringing any applicable legal provisions.

Among other obligations, Users, Networks, and organizations undertake:

  • To truthfully provide TimiFiT with their email address and any other personal details required;

  • Not to use a false identity to deceive others;

  • To use the Platform and the Service in a fair manner, in accordance with the applicable laws and legislation currently in force;

  • Not to publish, post, transmit or provide third parties with links, photographs, videos, other kinds of content of a violent, racist, xenophobic or pornographic nature, content condoning terrorism and content which violates human rights or may create distress within the TimiFiT community;

  • Not to publish, post, transmit or provide third parties with links, photographs and videos which violate the rights of privacy, honor and/or the image of third parties. If they are also minors, their parents must have granted their consent with regard to the image rights;

  • Not to publish, post, transmit or provide third parties with links, photographs, videos and content which violate intellectual and industrial rights and other rights;

  • Not to send spam or advertising unless the User is authorized to do so by TimiFiT;

  • Not to divert or attempt to divert any feature of the Platform from its normal use, as outlined in these initial Conditions of Use;

  • Not to use, in order to browse the Platform and the Service, any robot software or any other equivalent automated process or tool; and

  • Not to disclose any data, information or content which has the effect of diminishing, interrupting or preventing the normal use of the Platform or interrupting and/or diminishing the normal flow of communication between the Users, Networks, and organizations.


In the event that a User does not comply with one or more of these rules, TimiFiT reserves the right to (i) unilaterally suspend and/or cancel the duly formalized Contract of Adherence to TimiFiT, (ii) block the account(s) of the Users, Networks, and organizations in question, (iii) automatically remove the messages subject to litigation, and/or (iv) block Users, Networks, and organizations’ access to all or part of the Service on a temporary or permanent basis and without compensation, in accordance with these initial Conditions of Use.

Users, Networks, and organizations may inform TimiFiT of any behavior or content on the Platform which is manifestly contrary to the above rules, outlining it and reporting its location on the Platform in as accurate a manner as possible, by sending an email to support@timifit.com

Rewards program

TimiFiT has established a rewards program by means of which, at its sole discretion, the entity can reward Users, Networks, and organizations upon the basis on their fitness tracking data in the TimiFiT community. Users, Networks, and organizations therefore accept that TimiFiT’s decision in relation to any reward shall be definitive and binding. TimiFiT from time to time may modify TimiBit earn ratios without notice.

Users, Networks, and organizations can find more information regarding the rewards program at timifit.com.

TimiFiT may modify or eliminate the rewards system, at its sole discretion, when it deems it appropriate to do so.

Intellectual property

  1. Definition of the term “content”:
    The term “content” refers to all the content comprising the Platform and the Service, regarding as such the source code, the design and the browsing structure of the Platform, as well as the distinctive signs, texts, photographs and videos displayed here.

  2. Rights and legal positions regarding content provided by TimiFiT:
    The content published and provided by TimiFiT is subject to copyright, trademark rights, image rights and other rights and legal positions with a similar economic content whose ownership corresponds to TimiFiT or third parties which have granted it the corresponding licenses and authorizations. Thus, access to this Platform does not confer any ownership or right of use with regard to the above-mentioned content (by means of its reproduction, distribution, public disclosure, provision to the public or transformation), unless TimiFiT or the third-party holders of the rights and legal positions in question authorize the above, either by indicating it or expressly permitting it with respect to specific content or by means of the granting of licenses and written authorizations for said purposes. As a result, TimiFiT reserves the right to use watermarks, technological devices and other security means to permit online tracking and monitoring of unauthorized uses of said content. In any event, TimiFiT reserves the right to initiate the corresponding legal proceedings against users, Networks, and organizations who infringe said copyright, trademark rights, image rights and other rights and legal positions with a similar economic content.

  3. License of use of the Platform and the Service:
    TimiFiT grants Users, Networks, and organizations a non-exclusive, personal and non-transferable license to use the Platform and the Service, as well as the data thereof, strictly on a personal basis, in accordance with these initial Conditions of Use and, in particular, in accordance with the purpose of the Platform and the Service (hereinafter. the “License”). Any other exploitation or use of the Platform and the Service, their content and, in particular, the data they contain are expressly excluded from the scope of this License and may only be carried out once prior written authorization has been obtained from TimiFiT. In particular, any extraction or reuse by Users, Networks, and organizations beyond the normal use of the Platform, the data contained on the Platform and/or the Service is strictly forbidden, and said extraction or reuse is subject to the prior written authorization of TimiFiT.

  4. Rights and legal positions regarding content provided by Users, Networks, and organizations:
    In accordance with the provisions of these initial Conditions of Use, Users, Networks, and organizations may not post, publish, transmit or in any other way (including by setting up links) provide parties with content which violates intellectual and industrial property rights and any other rights and positions regarding similar content of third parties. Furthermore, when a User shares content he/she owns with TimiFiT, the former grants TimiFiT a non-exclusive and free license of use of said content, in such a way that it can be disclosed, made available to the public and exploited by TimiFiT or by third parties designated by TimiFiT throughout the world, without any restrictions in terms of time or the means that TimiFiT and said third parties deem appropriate. Similarly, when publishing their data, information and/or content on the Platform, each User accepts that they shall be disclosed on the Platform and made accessible to other Users, Networks, and organizations.

Links provided by TimiFiT

The Service may include technical link devices, directories and search tools that enable Users, Networks, and organizations to access other websites and digital portals (hereinafter, “Linked or Partners Sites”).

Users, Networks, and organizations acknowledge and agree that access to the Linked or Partners Sites shall be entirely at their own risk and under their responsibility and they exonerate TimiFiT from any liability regarding possible violations of the rights and legal positions of third parties. Similarly, they exonerate TimiFiT from any liability with regard to the technical availability of the pages and linked portals, as well as the quality, reliability, accuracy and/or truthfulness of the services, information, elements and/or content they may access.

If Users, Networks, and organizations consider that there is a Linked or Partner Site with unlawful or inappropriate content, they can inform TimiFiT, without this notification entailing any obligation to remove said link.

Notifications of violation of rights

TimiFiT shall provide any person who considers that Users, Networks, and organizations have violated his/her rights or legal positions with a procedure for notification, removal and replacement. Therefore, if someone considers that a User has published a post that may offend somebody, violate his/her rights or break any law, he/she should notify TimiFiT and, if this is the case, TimiFiT may proceed to its removal. The procedure for sending said notifications is as follows: send email support@timifit.com.

Users, Networks, and organizations comments on TimiFiT

TimiFiT appreciates the opinions of its Users, Networks, and organizations with a view to improve the functioning of the TimiFiT community. When Users, Networks, and organizations decide to send comments, ideas and remarks, they accept that TimiFiT is free to use their contributions without restrictions or any kind of remuneration. By accepting said comments, TimiFiT does not waive any right to use similar comments, others known by this entity or others created by its employees, or any obtained from other sources that do not include the User who has made the comment in question.

Processing of personal data

The Privacy Policy and the Cookies Policy inform Users, Networks, and organizations of how TimiFiT processes the personal data collected within the framework of the Services offered on the Platform.

To obtain further information, Users, Networks, and organizations are invited to read the Privacy Policy and the Cookies Policy.

Exclusions and limitation of liability

  1. Liability of users, Networks, and organizations:
    Users, Networks, and organizations shall use the Service at their own risk.
    All the devices and computer program required to access the Platform and use the Service fall under Users, Networks, and organizations’ sole liability. It is therefore the responsibility of the Users, Networks, and organizations to take all the appropriate and necessary measures to protect their own data, computer systems and/or computer programs from contamination by potential viruses.
    Users, Networks, and organizations are solely responsible for the use they make of the Service and the Platform and, more generally, for any use or operation performed via their accounts.
    TimiFiT provides intermediary services to its Users, Networks, and organizations and is therefore under no obligation to supervise what they post, publish, transmit or in any other way make available to others, including the setting up of links and performing active searches of events and circumstances indicating unlawful activities or behavior by Users, Networks, and organizations. Users, Networks, and organizations are therefore solely responsible for their actions as far as TimiFiT and/or any other third parties are concerned.
    Users, Networks, and organizations undertake to abide by any measures implemented by TimiFiT in application of the current legislation.

  2. Liability of TimiFiT:
    Users, Networks, and organizations understand and agree that TimiFiT cannot be held liable for damages of any nature resulting from: The use that Users, Networks, and organizations make of the Services; The status, origin, potential inaccuracy or potential falseness of the data, information and content provided by Users, Networks, and organizations through the Service; Users, Networks, and organizations’ violations of the rights and legal positions of third parties; Users, Networks, and organizations performing acts of unfair competition and unlawful advertising; Users, Networks, and organizations’ potential losses of data, information and/or content owing to causes not attributable to the Service or the Platform; The unavailability, errors, access failures and lack of continuity of the Service or the Platform; Faults and incidents that may occur during any communication, its deletion and incomplete transmissions; The non-operability of the email addresses provided by Users, Networks, and organizations and problems with them; Damages to any computer system, losses of data or any other damage caused by access to or use of the Service or the Platform; Any product or service promoted or offered by third parties in the Service or through the latter or on any linked website, or any which appear on a poster or advertising on the Platform; and The links provided by TimiFiT in accordance with the provisions in these initial Conditions of Use.

TimiFiT may, on a temporary or definitive basis, interrupt access to the Platform and the Service, particularly in the event that the latter interrupts its commercial activity or in the event of the company’s liquidation; in said cases the Contract of Adherence to TimiFiT shall be fully cancelled.

TimiFiT reserves the right, at any time and without prior notice, to modify any information on the Platform and the Service when updating or correcting errors and inaccuracies.

Provided that it does not contradict the provisions of the applicable legislation, in the event that TimiFiT is held liable for any damages not envisioned in this article, the liability of TimiFiT shall be limited to certain real and specific damages.

Validity and cancellation

Validity: The Contract of Adherence to TimiFiT has an indefinite duration from the moment of the formalization of said contract in accordance with the provisions of these initial Conditions of Use.

Cancellation by TimiFiT: TimiFiT may suspend or cancel Users, Networks, and organizations’ accounts or cease providing all or part of the Service at any time and for any reason, such as when TimiFiT considers that: A User has violated the Terms and Conditions; or A User creates a risk or potential legal exposure for TimiFiT; or A User may damage the reputation of the Service provided on the Platform.

Similarly, TimiFiT may cancel Users, Networks, and organizations’ accounts in the event that the entity interrupts its commercial activity or in the event of the liquidation of TimiFiT.

TimiFiT reserves the right to deny its Users, Networks, and organizations access to the Service or to cancel their registrations if they do not comply with the Terms and Conditions, as well as the right to remove their content without prior notice when they contradict the Terms and Conditions. TimiFiT also reserves the right to take the appropriate legal action as a result of any infringements that Users, Networks, and organizations may commit, including suing for damages in accordance with the legislation applicable at any given time.

In the event of the suspension of Users, Networks, and organizations’ accounts, TimiFiT shall notify the Users, Networks, and organizations of said suspension by email, requesting that they refrain from the breach in question. Once the period of 15 days from the date of the notification has come to an end, TimiFiT may automatically cancel the Contract of Adherence to TimiFiT without any formal procedure and the User shall be subject to any damages that TimiFiT may claim as compensation.

In the event of the cancellation of Users, Networks, and organizations’ accounts, TimiFiT shall attempt to inform the Users, Networks, and organizations of said cancellation via the email addresses associated with their accounts or when they attempt to access their accounts.

Cancellation by a User: Users, Networks, and organizations may cancel the Contract of Adherence to TimiFiT whenever they wish and for any reason by means of the following de-registration procedure:

The User must send an email to support@timifit.com from an email address verified by TimiFiT. The User shall then receive an electronic confirmation message at this address. The User should confirm that he/she wishes to definitively and irrevocably proceed to cancel the Contract of Adherence by selecting the option provided for said purpose by TimiFiT. Once the cancellation has been confirmed, TimiFiT shall send a further message confirming cancellation of the contract and the Contract of Adherence to TimiFiT shall then be deemed to have been cancelled.

Partial nullity

If any of the provisions of the Terms and Conditions are declared null and void as a result of a firm decision issued by a competent authority, the other Terms and Conditions shall remain in force and shall not be affected by said declaration of nullity.

Amendments

The Terms and Conditions may be amended by TimiFiT. It is the responsibility of Users, Networks, and organizations to read them regularly, as the Terms and Conditions in force at the time of their access to the Platform and use of the Service shall be those which are applicable.

The amended Terms and Conditions shall enter into force upon the moment of their publication and shall be automatically applied.

Claims and other correspondence

Users, Networks, and organizations may submit their claims and enter into any other correspondence by writing to support@timifit.com.

Assignment of the contract of adherence to TimiFiT

Users, Networks, and organizations expressly accept in advance that TimiFiT may assign or transfer in any way (including by means of the sale of assets) all or part of their rights and obligations under the Contract of Adherence to TimiFiT duly formalized by the User and TimiFiT to any entity capable of providing Users, Networks, and organizations with an equivalent Service.

In such a case the assignee shall replace TimiFiT and the latter shall be released from all its obligations to Users, Networks, and organizations as of the date of the assignment. Users, Networks, and organizations expressly acknowledge that the assignee shall become their Service provider as of that date.

Applicable legislation

These initial Conditions of Use shall be governed by the laws of the State of Wyoming and are subject to the non-exclusive jurisdiction of the State of Wyoming. Notwithstanding the above, nothing contained in this clause shall affect the rights conferred upon Users, Networks, and organizations by the current legislation.

Last update: 25 January 2021

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