Legal
These Terms and Conditions ("Terms") govern your access to and use of the Aptiva Fitness application ("App"), which is owned and operated by Streamcore Media Inc. (for full company details, see clause 13), including any content, functionality, and services offered through the App. By downloading, accessing, or using our App, you agree to be bound by these Terms.
This app uses AI to provide personalized health insights, fitness suggestions, and summaries of your fitness journey. While we offer information based on reputable sources and intelligent analysis, we are not a licensed medical or fitness provider. All content is intended for informational and motivational purposes only.
These Terms are drafted in the English language, which shall be the controlling and legally binding version. Any translations provided are for convenience only. In the event of any inconsistency or discrepancy between the English version and any translated version, the English version shall prevail.
The App is intended solely for use by individuals who are at least eighteen (18) years of age or who have reached the age of majority in their jurisdiction, whichever is higher, and who have the legal capacity to enter into binding contracts. By accessing or using the App, you represent and warrant that you meet these eligibility requirements. The App is not directed at, and must not be used by, minors. If you permit a minor to access the App using your device or account, you acknowledge and agree that you do so at your own risk and remain fully responsible for all use of the App and any consequences arising therefrom. The Company assumes no responsibility or liability for any unauthorised use of the App by minors.
By downloading and or engaging with our App, you are entering into this binding contract with us and represent that you have the authority to bind yourself to these Terms. Please read these Terms of Use and supporting policies carefully.
These Terms may be modified from time to time by us posting the updated Terms through the Services. You are responsible for reviewing the revised Terms and/or any applicable postings. CONTINUED USE OF THE SERVICES AFTER SUCH CHANGES OR POSTINGS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES OR POSTINGS. We may change the Services or delete any features or functionality, or any aspect of the Services, in any way at any time for any reason.
1. Account Registration, Credentials, and Security
To access certain features of the App, you may be required to create an account and provide accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, whether authorised by you or not. You agree to notify the Company immediately of any unauthorised access to or use of your account. The Company shall not be liable for any loss, damage, or unauthorised activity arising from your failure to safeguard your credentials or maintain accurate account information. The Company reserves the right, in its sole discretion, to suspend, restrict, or terminate any account that it reasonably believes has been compromised, misused, or used in violation of these Terms.
We collect and process personal information in accordance with applicable data-protection laws. Details of how we collect, use, store, and protect your personal information are set out in our Privacy Policy. You may request the deletion of your account and/or personal data at any time by contacting our Data Protection Officer at dpo@aptivafitness.com. For further information regarding your rights and our data-processing practices, please refer to our Privacy Policy.
2. Billing
2.1) The App is offered as an in-app purchase and subscription-based service and is subject to the applicable terms, rules, and policies of the platform through which it is downloaded, including the Google Play Store and/or the Apple App Store. Users are solely responsible for reviewing and complying with the relevant app store terms and conditions prior to making any purchase or subscribing to any paid feature. All prices displayed within the App are subject to change at any time without prior notice, and the Company reserves the right to modify, suspend, or discontinue any feature, service, or the App itself, in whole or in part, at its sole discretion and without liability.
2.2) The App operates on a recurring subscription billing model. By subscribing, you expressly authorise the Company, its payment processors, or relevant third parties to charge the applicable subscription fees on a recurring basis, which may be deducted daily, weekly, or monthly, depending on the subscription plan selected. Subscription charges will continue automatically for each billing period unless cancelled in accordance with the applicable cancellation procedures. All payments are final and non-refundable, except where refunds are expressly required by applicable law.
2.3) Where payment is made via credit or debit card, electronic wallet, or mobile network operator carrier billing (including airtime or data billing), you authorise the Company and its third-party payment providers or mobile network operators to process such charges in accordance with the selected billing method. Carrier billing charges may be deducted directly from your mobile account balance, airtime, or data allocation, subject to the terms of your mobile network operator. The Company does not control and shall not be responsible for billing errors, declined transactions, delays, reversals, or disputes arising from card issuers, payment processors, or mobile network operators.
2.4)You acknowledge and agree that you are solely responsible for the payment of all taxes, duties, levies, assessments, charges, and governmental fees of any kind arising from or related to your use of the App, your subscription, or any payments made under these Terms, including without limitation value-added tax (VAT), sales tax, use tax, withholding tax, customs duties, and similar charges, whether imposed now or in the future. All fees and charges payable to the Company are exclusive of such taxes unless expressly stated otherwise. Where applicable law requires the Company to collect or remit taxes on your behalf, such amounts may be added to your charges and collected in accordance with applicable legal requirements.
3. Conditions of Use
3.1) You may use the App solely for lawful purposes and strictly in accordance with these Terms, all applicable laws and regulations, and all applicable platform rules, policies, and guidelines imposed by the Google Play Store, Apple App Store, mobile network operators, and payment providers. You acknowledge that compliance with such third-party platform requirements is a condition of your continued access to and use of the App, and any breach thereof may result in suspension or termination of your account without notice.
3.2 ) Without limitation, you agree that you will not use the App to: (i) violate any local, national, or international law, regulation, or court order; (ii) transmit, upload, distribute, or facilitate unsolicited or unauthorised advertising, promotional material, spam, chain communications, or commercial solicitations; (iii) impersonate, misrepresent, or falsely claim affiliation with the Company, its personnel, another user, or any third party; (iv) engage in any conduct that disrupts, restricts, interferes with, degrades, or inhibits the use, performance, security, or availability of the App or the experience of other users; or (v) collect, harvest, or misuse any data, content, or information from the App without authorisation.
3.3) You further agree not to copy, modify, adapt, translate, reverse engineer, decompile, disassemble, tamper with, or otherwise interfere with the App, its software, algorithms, artificial intelligence systems, models, prompts, training logic, security mechanisms, or technical infrastructure. You must not attempt to bypass, disable, probe, scan, test, or compromise any security features, access controls, rate limits, usage restrictions, or safeguards, nor introduce malware, automated scripts, bots, scraping tools, data poisoning techniques, or other harmful or exploitative mechanisms.
3.4) The Company reserves the right, but does not assume any obligation, to monitor, audit, detect, investigate, restrict, suspend, or terminate access to the App through automated systems, AI-based moderation tools, or manual review, at its sole discretion. Such monitoring may include the analysis of usage patterns, inputs, outputs, system interactions, and behavioural signals for the purposes of enforcing these Terms, ensuring platform compliance, preventing abuse, protecting users, and safeguarding the integrity of the App. You acknowledge and agree that enforcement actions may be taken without prior notice and that the Company shall not be liable for any resulting loss of access, data, content, or subscription benefits.
3.5) Any violation of this section constitutes a material breach of these Terms and may result in immediate termination of your account, forfeiture of any remaining subscription period, and pursuit of any legal, contractual, or equitable remedies available to the Company.
3.6) The Company reserves the right, at any time and without notice, to modify, update, suspend, remove, or discontinue any aspect of the App, including features, functionality, content, pricing, AI models, or availability. The Company has no obligation to maintain, support, update, or continue any specific feature or version of the App, nor to provide backward compatibility. Continued use of the App following any modification constitutes your acceptance of such changes.
4. Prohiited Content
We will never display content that falls under the following categories:5. Misinformation and Manipulation
5.1) The App is designed to promote a safe, respectful, and trustworthy digital environment for women’s health, fitness, and wellness engagement. The Company utilises automated systems and artificial intelligence to generate personalised content in accordance with applicable platform policies and generally accepted safety standards. However, the Company does not guarantee, warrant, or represent that any content generated through the App is accurate, complete, current, unbiased, reliable, or suitable for any particular user, purpose, condition, or circumstance.
5.2)Without creating any duty of care, professional obligation, fiduciary relationship, warranty, or ongoing responsibility, the Company seeks to limit the generation or presentation of content that: (i) knowingly contains materially false or misleading health, fitness, or wellness information; (ii) is intentionally deceptive, manipulative, or misleading; (iii) reasonably appears likely to cause physical, emotional, or psychological harm if acted upon; (iv) misrepresents, impersonates, or purports to act as a licensed medical professional, certified fitness practitioner, or recognised health authority; or (v) includes manipulated, fabricated, or AI-altered media presented in a manner that materially misrepresents reality or authenticity. The Company does not, however, undertake any obligation to proactively monitor, validate, verify, or correct AI-generated outputs.
5.3) You expressly acknowledge and agree that all content made available through the App is generated algorithmically, without human professional review, validation, or editorial oversight, and must be treated strictly as general, non-personalised guidance only. You expressly acknowledge, agree, and warrant that you do not and will not rely on any content, output, recommendation, suggestion, summary, prompt, analysis, or information generated or made available through the App as the basis for any health, medical, fitness, wellness, dietary, lifestyle, or personal decision.
5.4) You further expressly acknowledge and assume all risks, known and unknown, arising from your reliance on, interpretation of, or use of any AI-generated content and from any physical activity, exercise, fitness routine, wellness practice, or lifestyle decision referenced, suggested, or implied through the App. Such risks include, without limitation, the risk of physical injury, illness, aggravation of pre-existing conditions, emotional distress, or other harm. Any reliance by you on App content is entirely voluntary and undertaken at your sole risk.
5.5) To the maximum extent permitted by applicable law, you irrevocably waive, release, and discharge the Company, its affiliates, licensors, service providers, officers, directors, employees, and agents from any and all claims, causes of action, liabilities, damages, losses, or demands of any kind arising out of or relating to your reliance, attempted reliance, interpretation, or use of any content made available through the App, including claims based on negligence, misrepresentation, omission, failure to warn, product liability, bodily injury, emotional distress, or alleged professional duty. You expressly agree that no fiduciary duty, special relationship, professional relationship, or relationship of trust or reliance is created between you and the Company by virtue of your use of the App or any content generated therein.
5.6) You remain solely responsible for consulting qualified healthcare professionals or certified fitness experts before making any decisions that may affect your health, fitness, or wellbeing. The Company shall not be responsible or liable for any decisions, actions, outcomes, injuries, losses, or damages arising from your use of or reliance on App content, even if the Company has been advised of the possibility of such harm.
5.7) The Company reserves the right, but does not assume any obligation, to use automated tools, AI-based moderation, or manual review processes to detect, restrict, remove, or take enforcement action in respect of content that is reported or identified as potentially inconsistent with these standards or applicable platform requirements. Reporting mechanisms may be made available within the App for user convenience; however, the Company makes no guarantee regarding response times, outcomes, or content removal and shall not be liable for any failure to detect, prevent, review, or remove any content.
5.8) This section constitutes a material inducement for the Company to make the App available to you and shall survive termination of your use of the App. If any portion of this section is held unenforceable, it shall be enforced to the maximum extent permitted by law, with the remainder remaining in full force and effect.
6. Non-Media Entity Disclaimer
6.1This app is not a medical service, licensed health provider, or certified fitness or wellness authority. It is a technological tool that uses artificial intelligence to offer personalized health insights, cycle tracking, fitness recommendations, and summaries of your wellness journey based on publicly available information and user input. The App utilises automated systems and artificial intelligence to generate personalised health-related insights, cycle tracking information, fitness suggestions, wellness summaries, and journaling prompts based on user-provided data and generally available information.
6.2) The Company does not: (i) employ or engage licensed medical professionals, certified fitness trainers, health coaches, or healthcare practitioners; (ii) provide medical diagnoses, treatment plans, clinical assessments, or professional consultations; (iii) guarantee the accuracy, completeness, reliability, suitability, or outcomes of any health, fitness, or wellness information; or (iv) replace, substitute, or supersede advice, guidance, or care provided by qualified healthcare professionals or certified fitness experts.
6.3) All content made available through the App is generated exclusively through automated AI processes, without human medical, clinical, editorial, or professional review. Such processes may include the analysis of user inputs and general information, the application of algorithmic models to identify patterns or trends, and the generation of summaries, suggestions, or insights based on non-personalised logic. The Company does not validate, verify, or independently confirm the accuracy, completeness, or appropriateness of AI-generated outputs.
6.4) You expressly acknowledge and agree that the App is intended solely for self-guided wellness and fitness tracking, and for informational and motivational purposes only. You expressly acknowledge, agree, and warrant that you do not and will not rely on any content, output, recommendation, suggestion, summary, analysis, or information generated or displayed through the App as the basis for any medical, health, fitness, dietary, or lifestyle decision.
6.5) You further expressly acknowledge and assume all risks, known and unknown, arising from your use of the App, your reliance or attempted reliance on any AI-generated content, and your participation in any physical activity, exercise, fitness routine, wellness practice, or lifestyle activity referenced, suggested, or implied through the App. Such risks include, without limitation, the risk of personal injury, bodily harm, illness, aggravation of pre-existing conditions, emotional distress, permanent injury, or death. Any use of the App and its content is entirely voluntary and undertaken at your sole risk.
6.6) To the maximum extent permitted by applicable law, you expressly waive, release, and forever discharge the Company, its affiliates, licensors, service providers, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or causes of action for personal injury, bodily injury, illness, emotional distress, or death arising out of or related to your use of the App, your reliance on AI-generated content, or your participation in any activity referenced or suggested through the App, whether arising in contract, tort (including negligence), strict liability, or otherwise.
6.7) You expressly agree that no fiduciary duty, professional relationship, special relationship, or relationship of trust or reliance is created between you and the Company by virtue of your access to or use of the App or its content.
6.8) This clause shall be read together with and as an integral part of the Limitation of Liability and Indemnification sections of these Terms. Without limiting those sections, you acknowledge and agree that, (i) the exclusions and liability caps set forth in the Limitation of Liability section apply fully to all claims arising under this clause; and (ii) you agree to indemnify and hold harmless the Company in accordance with the Indemnification section for any claims, losses, or liabilities arising from your use of the App, reliance on its content, or participation in any related activities.
6.9) By using the App, you acknowledge and agree that you are engaging with AI-generated wellness tools, not professional healthcare or medical services. This clause constitutes a material inducement for the Company to make the App available to you and shall survive termination of your use of the App. If any portion of this clause is held unenforceable under applicable law, such portion shall be enforced to the maximum extent permitted, with the remainder remaining in full force and effect.
7. Health Disclaimer
7.1) Any health-related, medical-adjacent, or wellness-related information made available through the App is provided solely for general informational purposes and constitutes a factual or algorithmic compilation generated through automated processes. Such information is not validated, verified, endorsed, or approved by medical professionals and is not intended to constitute medical advice, diagnosis, treatment recommendations, healthcare guidance, or clinical instruction of any kind.
7.2) The health-related content within the App is not reviewed, monitored, curated, or approved by licensed physicians, healthcare practitioners, or certified medical professionals. The App does not provide personalised medical advice and does not account for individual medical histories, conditions, sensitivities, medications, contraindications, or risk factors. Due to the nature of artificial intelligence and automated processing, health-related content may be incomplete, inaccurate, outdated, misleading, misinterpreted, or improperly contextualised.
7.3) You expressly acknowledge, agree, and warrant that you will not rely on any health-related information presented in the App as the basis for making medical, healthcare, diagnostic, treatment, or lifestyle decisions. You further acknowledge and agree that all health-related content is provided on an "as-is" and "as-available" basis, without warranties of any kind, whether express or implied.
7.4) You expressly agree that you must: (i) consult qualified healthcare professionals for any medical questions, symptoms, conditions, diagnoses, or treatment decisions; (ii) independently verify all health-related information using authoritative medical sources; (iii) refrain from making healthcare decisions based solely or primarily on information obtained through the App; and (iv) treat all health-related content as general, non-personalised information, not professional or medical advice.
7.5) You expressly assume all risks, known and unknown, arising from your access to, interpretation of, or reliance or attempted reliance upon any health-related information provided through the App. Such risks include, without limitation, personal injury, bodily harm, illness, aggravation of pre-existing conditions, emotional distress, permanent injury, or death.
7.6) To the maximum extent permitted by applicable law, you expressly waive, release, and forever discharge the Company, its owners, developers, operators, affiliates, licensors, service providers, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, costs, or causes of action, including claims for personal injury, bodily harm, illness, emotional distress, or death, arising out of or related to your use of or reliance on health-related information made available through the App, whether arising in contract, tort (including negligence), strict liability, statutory liability, or otherwise.
7.7) You expressly agree that no duty of care, professional obligation, fiduciary duty, or special relationship is created between you and the Company by virtue of the presentation of health-related information through the App.
7.8) This clause shall be read in conjunction with and as an integral part of the Limitation of Liability and Indemnification provisions of these Terms. Without limiting those provisions, you acknowledge and agree that, (i) all exclusions, disclaimers, and liability caps contained in the Limitation of Liability section apply fully to claims arising under this clause; and (ii) you agree to indemnify and hold harmless the Company in accordance with the Indemnification section for any claims, losses, or liabilities arising from your use of or reliance on health-related content.
7.9) This clause constitutes a material inducement for the Company to make the App and its content available to you and shall survive termination of your use of the App. If any portion of this clause is found unenforceable under applicable law, such portion shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.
8. Termination and Suspension
The Company reserves the right, at its sole discretion and without prior notice or liability, to suspend, restrict, or terminate your access to the App, your account, or any portion thereof, at any time and for any reason, including but not limited to a violation of these Terms, suspected misuse, security concerns, legal or regulatory requirements, or operational necessity. Upon termination, all rights granted to you under these Terms shall immediately cease. Any fees paid prior to termination shall be non-refundable, except where otherwise required by applicable law. Termination shall not limit or affect any rights, remedies, disclaimers, limitations of liability, indemnities, or obligations that by their nature are intended to survive termination.
9. Subscriptions, Cancellations and Refunds
The App operates on a subscription basis, and all subscription purchases, renewals, cancellations, and refunds are processed exclusively through the platform from which the App was downloaded (including Apple App Store, Google Play Store, or applicable mobile network operators). The Company does not process refunds directly and does not control platform refund decisions. Any cancellation or refund requests must be submitted through the applicable platform in accordance with its terms, policies, and procedures. Except where expressly required by applicable law, all payments are final and non-refundable, and the Company bears no responsibility for any platform’s billing practices, refund determinations, or payment disputes.
10. No Warranties
9.1) THE APP, ITS CONTENT, FEATURES, FUNCTIONALITIES, AND ANY MATERIALS, DATA, OR INFORMATION MADE AVAILABLE THROUGH THE APP ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ALL USE OF THE APP AND RELIANCE ON ITS CONTENT IS AT YOUR SOLE RISK.
9.2) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE APP, ITS CONTENT, OR ANY AI-GENERATED MATERIALS WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR INTENDED PURPOSES.
9.3) THE COMPANY DOES NOT WARRANT, GUARANTEE, OR REPRESENT, AND YOU EXPRESSLY ACKNOWLEDGE THAT THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, THAT THE APP WILL FUNCTION UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR UNDER ANY SPECIFIC NETWORK CONDITIONS. THE COMPANY DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS, OMISSIONS, OR VULNERABILITIES WILL BE DETECTED, CORRECTED, OR PREVENTED, OR THAT ANY DATA TRANSMITTED TO OR FROM THE APP WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. THE COMPANY ALSO DOES NOT WARRANT THAT ANY AI-GENERATED CONTENT, INSIGHTS, OR RECOMMENDATIONS ARE ACCURATE, COMPLETE, RELIABLE, SUITABLE, OR FREE FROM MISINTERPRETATION OR MISUSE.
9.4) YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF, OR RELIANCE ON, THE APP, ITS CONTENT, OR ITS FUNCTIONALITIES, INCLUDING, WITHOUT LIMITATION, RISKS RELATED TO TECHNICAL FAILURES, INACCURACIES, OMISSIONS, DATA LOSS, SECURITY BREACHES, OR ANY DECISIONS MADE BASED ON APP CONTENT. THIS DISCLAIMER OF WARRANTIES IS A MATERIAL TERM OF THESE TERMS AND SURVIVES TERMINATION OF YOUR USE OF THE APP. NO COURSE OF DEALING, USAGE, OR TRADE PRACTICE SHALL MODIFY, EXPAND, OR LIMIT THE DISCLAIMERS AND PROTECTIONS SET FORTH HEREIN.
10. Limitation of Liability
10.1) IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE APP, OR ANY CONTENT, MATERIALS, OR SERVICES MADE AVAILABLE THROUGH THE APP FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS, LOSS OF GOODWILL OR REPUTATION, LOSS OR CORRUPTION OF DATA, INTERRUPTION OF BUSINESS, COST OF REPLACEMENT OR SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, OR ANY PHYSICAL, PERSONAL, OR EMOTIONAL INJURY, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT, HEALTH-RELATED INFORMATION, FITNESS OR WELLNESS SUGGESTIONS, OR ANY OTHER MATERIAL PROVIDED THROUGH THE APP.
10.2) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS UNDER OR IN CONNECTION WITH THESE TERMS OR THE APP, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM, EXCEED $1,000 (ONE THOUSAND DOLLARS). YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY REFLECTS A REASONABLE ALLOCATION OF RISK, IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT HAVE MADE THE APP AVAILABLE TO YOU WITHOUT SUCH LIMITATIONS.
10.3) You further acknowledge that this limitation of liability applies to all claims arising from, without limitation, the use of the app, ai-generated content, health or fitness information, personal injury or bodily harm, errors, omissions, interruptions, delays, system failures, security breaches, or any decisions made based on materials provided through the app. This limitation is cumulative with, and in addition to, all disclaimers, waivers of reliance, personal injury waivers, and indemnification provisions set forth in these terms, and all such provisions are intended to be read together as a complete risk allocation framework.
10.4) Notwithstanding the foregoing, certain jurisdictions do not allow the exclusion or limitation of certain warranties, liability, or damages. To the extent such limitations are prohibited or unenforceable, you may have additional rights, but all other terms and limitations of liability shall remain in full force and effect to the maximum extent permitted by law.
11. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees and costs of investigation or litigation, arising out of, relating to, or in connection with:
12. Intellectual property Rights
12.1The App and all of its content, features, and functionality, including but not limited to software, text, graphics, images, designs, layouts, interfaces, audio, video, algorithms, and all selections, arrangements, and compilations thereof, are the exclusive property of the Company, its affiliates, licensors, or other providers and are protected under copyright, trademark, patent, trade secret, and other applicable intellectual property laws. All rights not expressly granted to you are reserved by the Company.
12.2Any content generated, derived, or suggested by the App’s AI systems is provided solely for informational, educational, or motivational purposes and does not create, transfer, or confer any intellectual property rights in favor of the user or any third party. All original source materials referenced or incorporated in the App remain the property of their respective copyright holders, and no license, title, or ownership is granted in such third-party content except as expressly permitted by applicable law.
12.3You may use the App only as expressly authorized in these Terms and solely for your personal, non-commercial use. You agree not to copy, modify, distribute, reproduce, create derivative works from, publicly display, sell, sublicense, or otherwise exploit any portion of the App or its content without the prior written consent of the Company or the relevant rights holder. Any unauthorized use of the App’s content or intellectual property may result in civil and criminal liability.
12.4The Company reserves the right to take any measures it deems necessary to protect its intellectual property rights, including removing, disabling, or restricting access to any content or accounts that violate these Terms or infringe on the Company’s or any third party’s intellectual property.
13. Notices
Any notices, requests, consents, claims, demands, or other communications required or permitted under these Terms must be provided in writing.
You may provide notices to the Company by email to legal@aptivafitness.com, or to such other email address as the Company may designate from time to time. Unless an automated delivery failure notification is received, any notice sent by email shall be deemed received on the date it is transmitted.
The Company may provide notices to you by email using the most recent email address associated with your account, by posting notices within the Website or App, or by any other electronic means made available through the Services. Such notices shall be deemed effective when sent, posted, or otherwise made available through the Services, as applicable.
You acknowledge and agree that all electronic communications, including emails, in-App notifications, and notices posted on the Website or within the Services, satisfy any legal requirement that communications be in writing.
You are solely responsible for ensuring that your account information, including your email address, remains accurate, current, and accessible. The Company shall not be responsible for any failure by you to receive notices due to inaccurate or outdated contact information, spam filtering, technical issues, or any circumstances beyond the Company's reasonable control.
Where required by applicable law, or where the Company elects to do so, notices may also be sent by registered mail or courier to the last physical address provided by you.
The Company's registered address for legal notices is:
aptivafitness.com
Streamcore Media Inc.
**EMPTY_PARAM**
DB300146
or such other address as the Company may designate by updating these Terms or publishing the revised contact details on the Website.
14.Choice of Law
14.1These Terms and their subject matter shall be governed by and construed in accordance with the laws of Cyprus, without reference to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms, the App, or any content, services, or interactions provided through the App shall be resolved exclusively through binding arbitration, administered in Cyprus in accordance with the Arbitration Law of 1987 (Cap.4) and any applicable amendments. The arbitration shall be conducted in the English language, by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on the arbitrator, the arbitrator shall be appointed in accordance with the procedures set forth in the applicable arbitration rules under Cypriot law.
14.2The parties expressly agree that the seat of arbitration shall be Nicosia, Cyprus, and that any arbitration award shall be final, binding, and enforceable in any court of competent jurisdiction. The parties also agree that the arbitration shall be conducted on an individual basis, and no arbitrator or court shall consolidate more than one person’s claims, or preside over any form of class, representative, or collective proceeding, except where both parties provide express written consent.
14.3Class Action Waiver: To the fullest extent permitted under applicable law, you and the Company agree that any disputes, claims, or causes of action shall be brought only in your individual capacity or the Company’s capacity and not as a plaintiff, claimant, or member of any purported class or representative proceeding.
14.4Nothing in this clause shall prevent the Company from seeking injunctive relief, specific performance, or provisional remedies in any court of competent jurisdiction to protect its intellectual property, trade secrets, or confidential information.
15.General
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the App and these Terms supersede and replace all prior oral or written understandings or agreements between us and you regarding the App. Where applicable, new or unique features or functionality of the App may be governed by additional terms of use, which shall be clearly posted on such features or functionality of the App.
No Assignment.You may not, without our prior written consent, assign these Terms, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Terms and will be void. We may assign these Terms to a third party at any time at our sole discretion. These Terms will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
Communications.You acknowledge that we will communicate with you primarily via email or by posting notices on the App. You agree that all agreements, notices, disclosures and any other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Force Majeure.We will not be liable for failure or delay to perform its obligations under these Terms to the extent caused by circumstances beyond its reasonable control.
Subcontracting.We may subcontract any of our obligations under these Terms.
Notices.We may provide notice to you via email, regular mail or notices, posts, or links on the App shall constitute acceptable notice to you under these Terms. You must provide any notices to us in writing to Streamcore Media Inc. registered in USA.
Severability; Waiver.If any of the provisions of these Terms are, for any reason, held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not affect any other provisions of these Terms, and these Terms will be construed as if they had never contained such invalid, illegal, or unenforceable provision. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.
Headings.The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.
Contact Us. If you have any questions or comments regarding these Terms, please contact us directly on our Support Page.