1 Contents

It allows Elite strength coaches to design and construct training programmes and publish them, thereby making such training programmes available to the world as a whole, in the form of an easy to use app for Android and Iphone users.

All programmes in Stratfit are auto regulated real time according to users feedback.

Stratfit's mobile app is a Virtual Expert Trainer.

Stratfit aim to be the most trusted and reliable platform for fitness interactions and help users transform their lives – fitness and beyond.

Fitness Program or Fitness Program should be interpreted as Fitness program designed within the Stratfit system, thus are interchangeable and treated likewise in this document and Stratfit platform.

3 Stratfit Stakeholders

The stakeholders of Stratfit Platform are App users/athletes, Elite coaches, Agent Partners and Stratfit.

3.1 Elite Coaches:

Elite Coaches design fitness training programs using Stratfit’s designing Tool or Strategic Design Cockpit (SDC) and sell to fitness users directly through the Stratfit Depot. The training programs are specifically designed to enable achievement of specific abilities of goals by the Elite Coaches.

Alternately they may also choose from readily available pre-set programs of Stratfit / programs designed by other Elite Coaches. On behalf of the Elite Coaches, Stratfit maintains a complete record of the activities of users in a given training program, and duly monitors and communicates the progress of the training with the users. Coaches may also work with Partners.

3.2 Agent Partner:

Stratfit Agent Partners are of different categories:

Partner could be a Celebrity / Trainer / Sports Coach/ Gym, who can sell / promote programs on behalf of the Program owners (Elite Coaches).

1) Celebrity is who has fan base, who promotes and causes awareness about fitness on the Stratfit platform to his/her fan base.

2) Trainer is either a Personal Trainer or a Trainer in a Gym training Clients directly.

3) Sports Coach is coach for athletes training for a specific Sport.

4) Gym is an Organization with strength training facility/facilities and Fitness Users. Gym can have staff with multiple roles -Owner, Elite Coach, Trainer and fitness users (clients).

The Agent Partner regularly communicates or engages with his/her fans/clients and promotes programs or coaches to his/her fans/clients.

3.3 Stratfit

Stratfit provides an online market place for users to interact with coaches and/or partner agents through computers and/or hand held devices. Stratfit acts as a facilitator in choosing the right fitness program and/or coach to users, and for the coaches and/or partner agents in selling the fitness programs. Stratfit allows coaches/partner agents to publish their training programs and price lists which users can buy in the form as a personalized app of the coach’s program. It ensures collection of fees for sales made on timely basis and passes it on to the coaches/partner agents. Stratfit acts as a medium between users and coaches/partner agents to communicate regularly. It also provides promotional services to coaches/partner agents. Stratfit also maintains the databases of all users, coaches, fitness programs, program schedules, program progress etc. for easy access at any time.

3.4 Fitness Users / Athletes:

Fitness Users logon to the Strafit market place (in the Mobile app) to avail the training services by choosing programs of their choice from the available listing. The user may also follow their favorite partner agents and may engage with them actively. Users can monitor their programs, progress, subscription details, user accounts etc. through computers or hand held devices.

4 User Obligation

As a registered user of StratFit services, you agree to adhere to the user obligations which are detailed in this section.

StratFit is a platform for online interaction. In case of abuse or misuse, StratFit may suspend your account and permanently close the account and /or blacklist you from being a user.

4.1 Minimum Age

While StratFit is a serious fitness service and will only have content that is universally appropriate, StratFit requires its regular users to be of a Minimum Age where they are able to enter into this agreement. Minimum Age requirements are based on users’ countries of residence but in no case must a regular user be less than 18 (eighteen) years old when he/she registers for StratFit services.

4.2 General Expectations

Anybody registering in Stratfit Fitness platform using Stratfit website or Stratfit mobile app is considered as a registered user.

Registered Users are expected to:

Keep their passwords secret
Not share an account with anyone else
Follow StratFit rules and the law
Ensure that he/ she makes no false claims or posts including personal information, photographs etc.
Ensure that she/he posts no such content which infringes on anyone’s copyright or violates anyone else’s intellectual property
Ensures that she/he posts no content that is libelous, abusive, obscene, discriminatory or otherwise objectionable.
Not post anything that contains software viruses, worms, or any other harmful code.

Every Registered User is responsible for anything that happens through his/her account unless it is closed or she/he reports misuse.

Please take appropriate care to ensure that your information is kept confidential. Any contravention of the above amounts to misuse or abuse of StratFit services and may lead to termination of services, blacklisting of your account and/or prosecution.

4.3 Obligations of different categories of users

StratFit has the following categories of users:

Fitness Users / Athletes
Elite Coaches
Gyms
Trainers / Sports Coaches/ Celebrities / Corporate users

Users could be of multiple categories based on which services they choose to register for. Obligations of a user are dependent on the context or service which is being accessed and users are required to fulfill such obligations as are required by the context.

Please read this section carefully to understand your obligations which are based on the service you may be using at the time. To ensure that your account is not penalized, you should ensure that you conform to all the rules applicable to you in your various roles.

4.3.1 Fitness User Obligations

Stratfit strongly recommends that you consult with your physician before beginning any exercise program. This is to ensure that you do not have any prior medical conditions for which weight lifting is not advised.
All Exercises should be done in a Gym equipped with proper strength training equipment.
If you are a beginner, we strongly recommend starting with one of the Starter Programs.
As a Stratfit Fitness User, you are required to strictly follow the process of testing your Training Max before starting Stratfit Program for the first Time.
Though we automatically calculate the Training Max of Exercises other than Squat and Bench Press, we provide an option for you to change it manually. You are advised to consider that option.
You are required to enter the correct number of completed Reps (Repetitions) at the end of every set. This is absolutely necessary as the program auto regulates based on your input. If you do not follow this,
1. There could be risk of injury when you attempt a heavier load than your body can stand.
2. There could be the possibility of you being under trained if you are attempting lower loads than what your body should take.

Subscription to a program means –
1. You are entitled to the use of the program for your workouts for the duration of subscription.
2. The transaction is between you and the owner of the subscribed program viz. the Elite Coach who has published the program.
3. Stratfit as a platform enables this interaction between you and owner of the program and charges the owner a “platform Charge” towards platform services. All our services to all other users like Social Media tools etc. are provided free of charge without any warranties or obligations.
No refund is possible, if you decide to terminate the program before the end of subscription period.
If you desire to change to a different program, we will facilitate the transition after completion of the current micro-cycle.
If you skip a few sessions, you are foregoing the skipped sessions. Your Tmax (Training Max) might get reduced, based on the rules setup in the program by the coach.
Finally, if you engage in these exercises or an exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assuming all risk of injury to yourself, and agree to release and discharge Stratfit from any and all claims or causes of action.

4.3.2 Elite Coach Obligations

As an Elite Coach, you will be able to design a Strength Training Program using the tools provided by Stratfit.
As the author of the program, you get the copyrights for the program you have designed.
We expect you to have all the permissions you need, if however you are using the concept or approach of others within or outside Stratfit Platform.
We do not employ any means and methods to check if the content is plagiarized and it is your responsibility to file for and settle any disputes outside the Stratfit system.
As an Elite Coach you will be able to set a monthly subscription price to the program you have created and sell/promote it directly to the Stratfit users through Stratfit Public Depot – accessible to all on the Stratfit User App. The agreement is strictly between you and the Subscriber to your program. Any dispute should be settled outside the Stratfit system.
As an Elite Coach selling / promoting your program created using services provided by Stratfit, you are obliged to pay:
1. Stratfit, for the platform services
2. Partners (Trainers/Sports Coaches/Celebrities) you have an agreement to Co-brand to resell/promote your program
3. Partners (Trainers/Sports Coaches/Celebrities) you have an agreement to White Label to resell/promote your program
Stratfit Platform provides the partner negotiation tool for you and the partner. The agreement is strictly between you and the partner. Any dispute should be settled outside the Stratfit system.
For every first time user of the Stratfit Fitness App, Stratfit provides a 28 (twenty eight) day free trial. If the first time user chooses your program during the free trial period, the billing cycle will start from the 5th week of usage of the program.
You will be paid for every completed week starting from the date of billing cycle.

4.3.3 Sports Coach / Trainer / Celebrity Obligations

As a Trainer / Sports coach you will be able to partner with an Elite Coach to sell / promote a program created by the Elite Coach, directly through Stratfit Depot.
The copy right of the Program for which you have co-branded / white-labeled lies with the original author of the program, ie., Elite Coach. You do not have permission to use / sell outside Stratfit platform
Stratfit Platform provides the partner negotiation tool for you and the Elite Coach. The agreement is strictly between you and the Elite Coach. Any dispute should be settled outside the Stratfit system.
For every first time user of the Stratfit Fitness App, Stratfit provides a 28 (twenty eight) day free trial. If the first time user choses your program during the free trial period, the billing cycle will start from the 5th week of usage of the program.
You will be paid for every completed week starting from the date of billing cycle.

4.3.4 Gym Obligations

Gym as an organization has superset of obligations of all roles mentioned in the sections above.

As a super user – Gym is responsible for user management for different categories of users (Elite Coaches, Trainers, Fitness Users) associated with the gym.
1. As a super user – a gym can register its clients as fitness users of Stratfit platform.
2. As a super user – a gym can subscribe to programs on behalf of its clients (fitness users of Stratfit platform). Gym needs to pay subscription money to complete this step. In this case, the Gym is responsible for
  1. Collecting payments from its clients directly
  2. Ensuring that its clients (Fitness Users) workouts do not get interrupted owing to lapsed subscription
  3. Selecting appropriate program suitable for its clients
  4. Ensuring that that all Fitness Users are aware of their Obligations– Read section Fitness User Obligations (section 4.3.1) carefully.

As a super user/ Elite Coach under the Gym–can design a Fitness Program using the tools provided by Stratfit Platform. Gym is obliged to ensure that all Elite coach Obligations (section 4.3.2) are met.
As a super user/ Sports Coach / Trainer / Celebrity under the Gym–can partner with an Elite Coach using the tools provided by Stratfit Platform. Gym is obliged to ensure that all Sports Coach / Trainer / Celebrity Obligations (Section 4.3.3) are met.

5 Stratfit collects the following information:

5.1 Account Information:

To create an account, we collect Personal Information, such as your username, password and email address. If you access the Services through a Third Party Application such as Twitter or Facebook, Instagram, Google + or LinkedIn we may automatically collect certain information that could include Personal Information, such as your name, picture, email address and names of your Facebook friends. We will use all information collected in accordance with the Third Party’s policies and your preferences. We may use your contact information to send you information that complements your use of the Services, including product announcements and fitness news and information. You may unsubscribe from these messages from the unsubscribe link in the emails or from within account preferences. Some emails we send are necessary to the operation of the Service and you may not be able to unsubscribe from receiving them without discontinuing the service.

5.2 User Content:

The Services allow you to provide User Content to the Services, such as written comments or profile photos. All content submitted by you to the Services is User Content and may be retained indefinitely even after you terminate your account. Some User Content you upload can be viewed by the public or by other users of the Services, so we encourage you to consider your privacy settings when providing User Content.

5.3 Financial Information:

We do not collect financial information, such as your payment method (valid credit card number, type, expiration date or other financial information); that information is collected and stored by third party payment processing companies.

5.4 Log Information:

StratFit collects industry standard data from everyone who visits the Services—even if you don’t have an account. This includes log data that automatically records information about your visit, such as your browser type, operating system, the URL of the page that referred you, the different actions you performed, and the IP address you used to access pages on the Site. We use this type of information to provide you with an experience that’s relevant to your location based on the IP address, to prevent fraud or misuse, to understand usage of the Services and to ensure the Services are working properly.

5.5 Information from Other Sources:

We do not collect any information about you from other sources outside of your interaction with the StratFit family of products and services.

5.6 Cookies:

Our Services collect information from the use of cookies, web beacons, pixel tags and third party social media tools. Information about each is described below:

Cookies are text files that are sent by servers to web browsers and stored on your computer. They tell us which parts of the Services you’ve visited so we can understand user preferences or alert you to software compatibility issues. We also use third-party advertising cookies to present you with opportunities to purchase StratFit products from our Services; and retargeting cookies, to present you with StratFit advertising on other websites based on your interaction on our Services and other websites.

If you prefer not to use any cookies, you may opt-out of their use depending on your browser’s settings. Opting out of usage of cookies may cause some part of the service to not function.

Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. StratFit, or third party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality.

Social media tools, like widgets and plug-ins, are used so you can share information from StratFit on other sites such Facebook and Twitter. These interactive mini-programs collect your IP address, record the pages you visit on our Services, and set cookies that will enable the widget to function properly. Your interactions with these widgets are governed by the privacy policy of the company providing them, not by this Privacy Policy. We also use the Facebook and Twitter pixel tags to help us understand how effective our marketing is on those sites.

6 Sharing of information provided by you:

6.1 Information that you elect to Share:

You may access Third Party Services through StratFit Services, for example by sharing workout sessions to Facebook or Twitter or by linking your StratFit account with a Third Party Service. Any Personal Information you send to a Third Party Services is governed by their privacy policy and StratFit is not responsible for any deviation or violation of privacy policy of Third Party.

6.2 Information Shared with Other Users on the Services:

You may share Personal Information and User Content with your friends or other users on the Services at your own discretion and risk. The information that is shared with other users is:

Your Public Profile
Data published to the Strat Feed
Selected Analytics

6.3 User Profile Information:

User profile information including your username and other information may be displayed to other users to facilitate user interaction within the Services. We will not directly reveal your email address to other users without your permission.

6.4 Financial Information:

As stated above, we do not currently collect financial information, as that information is collected and stored by our Payment Processor. However, we may from time to time request and receive some of your financial information from our Payment Processor for the purpose of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

However we store transaction data for transactions initiated from Stratfit Platform in order to provide invoices and billing information and respond to queries regarding transaction from you or other parties to the transaction.

6.5 Information Disclosed for Our Protection and the Protection of Others:

If we believe that disclosure is reasonably necessary to comply with a law, regulation, valid legal process (e.g., subpoenas or warrants served on us), or governmental or regulatory request, to enforce or apply the Terms of Service, to protect the security or integrity of the Services, and/or to protect the rights, property, or safety of StratFit, its employees, users, or others, then in such a situation we may disclose. However, if we are going to release your data, we will do our best to provide you with a notice in advance by email, unless we are prohibited by law from doing so.

7 Information We Share With Your Consent:

Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and you will be able to prevent the sharing of such information.

7.1 We use the information we collect to:

Operate our business and provide our Services to Athletes, individuals and communities
Personalize experiences on our Services, better understand our Athletes and gain consumer insights
Provide you with access to third-party products and services
Support research and academic research
Address security issues
Tailor our advertising and marketing
Communicate with you and respond to your requests
Administer Promotions
Fitness wall – we use your fitness data that gets generated using the exerciser of Stratfit app and publish this as wall feed to your followers in the Stratfit platform. Only select people will be given the privilege of the fitness wall which is visible to all followers and others for promoting you and for monetization on your behalf.

7.2 How We Disclose Personal Data

We will only disclose your Personal Data with your knowledge and as stated in this Privacy Policy or as indicated at the time of collection. This includes disclosures that will enable us to fulfill our obligations to you, and allows us to manage our business operations. We will only share your Personal Data with third parties in certain limited instances, with your consent, or as is necessary to complete a transaction or provide a product, service, or feature that you have requested.

We may disclose your Personal Data as described in this Privacy Policy and in the following ways:

To Affiliates, Partners, Vendors, and Suppliers
During Recruitment and Job Applications
To Enable the Use of Our Services
In Community Forums
As We Grow and Change – Corporate Transactions and Reorganizations

As Required by Law and Special Circumstances

8 Limitation of Liability

In consideration of being allowed to access the Stratfit Programs through the mobile app and participate in the fitness activities subscribed at any location, the Subscriber hereby undertakes and declares that the Company, and its directors, fitness professionals, employees, consultants or contractors are absolved to the fullest extent of any or all liability(ies) arising from any injury or damage caused (whether fatal or otherwise) to him/her and that the Company/ Gym’s contractual and legal rights and remedies, are independent and cumulative.

9 Release and Indemnity

In consideration of the grant of the membership to a Subscriber of entitling him/her access to the Stratfit App, to engage in fitness activities and use of the various features of the Mobile app for physical exercise, the Subscriber hereby agrees and undertakes to indemnify and keep harmless the Company and/or its representatives, employees, agents, instructors, Directors etc. to the extent applicable under any law for the time being in force and in respect of any actions, suits, proceedings, claims, demands, losses, damages, penalty and expenses arising as a result of or in connection with his/her involvement in fitness activities recommended by the programs of the Company and/or the authors / promoters of the programs. The Subscriber also agrees and undertakes to indemnify and keep harmless the Company and/or its representatives, employees, agents, instructors, coaches, celebrities, Directors etc. to the extent applicable under any law for the time being in force in the event of death of or personal injury to a Subscriber.

10 . Complaint/Grievance or Feedback

If you have any concern or question or complaint or grievance or feedback against the use of any of our information or programs provided on our services, please feel free to contact us immediately at support.stratfit.co. We value your suggestions. Your concern or question or complaint or grievance or feedback shall be taken care of effectively by our expert Complaint / Grievance or Feedback Cell within 24 (twenty four) hours.

11 Terms of Use

Please read these Terms of Use (collectively with StratFit’s Privacy Policy, the “Terms of Use”) fully and carefully before using the StratFit mobile applications (the “Applications”), www.StratFit.co (the “Site”) and the services, features, content, goods or applications offered by StratFit Fitness Technologies Private Limited (“StratFit”, “we”, “us” or “our”) (together with the Applications and the Site, the “Services”). These Terms of Use set forth the legally binding terms and conditions for your use of the Applications, Site and the Services.

12 Acceptance of terms of use

By registering for and/or using the Services in any manner, including but not limited to downloading the Applications or visiting or browsing the Site, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Site or the Applications by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13 Eligibility

You represent and warrant that you are at least 18 (eighteen) years of age. If you are under age 18 (eighteen) years, you may not, under any circumstances or for any reason, use our Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

NOTICE TO PARENTS AND GUARDIANS: Users are responsible for monitoring and supervising their child’s use of the Services. If your child is using the Services and is under age 18 (eighteen) years, please contact us immediately so that we can disable his or her access. If you have questions about the Services, please contact us at support.stratfit.co

14 Registration

To sign up for the Services, you must register for an account on the Services (an “Account”) through using your Facebook, Google +, Twitter, Instagram, LinkedIn credentials or otherwise registering for the Services. You must provide accurate and complete information and keep your Account information updated. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. StratFit reserves the right to refuse registration of, or cancel an Account in StratFit’s discretion. You shall have the ability to delete your Account through a request made to one of our employees or affiliates.
By accessing the Services using your Facebook, Twitter, Instagram, Google + & LinkedIn credentials or any other third party services, you permit us to access certain information from your profile on Facebook or any other such third party services for use by the Services. You may be able to control the amount of information that is accessible to us by adjusting your account privacy settings on Facebook or any other such third party services. By using the Services, you are authorizing us to collect, store, retain, and use indefinitely, in accordance with our Privacy Policy, any and all information that you permitted Facebook or any other such third party services to provide to us.

15 Use of Service

The Services provide users with guidance and information on how to improve their fitness & health, but THE SERVICES ARE NOT A MEDICAL ORGANIZATION, AND YOU SHOULD NOT RELY ON THIS GUIDANCE AND INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. Our recommended workout programs and exercises, even if they are tailored to individual users, should not be misconstrued as medical advice, diagnoses or treatment. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN RISK.
The Services are intended for use only by individuals healthy enough to perform strenuous exercise. In becoming a user of the Services, you affirm that a physician has specifically approved your use of our Services.

If applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating, or (B) your physician has specifically approved your use of our Services.

You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing our Services, you acknowledge and agree that your performance of any and all exercises or activities recommended by our Services is wholly at your own risk. Neither StratFit nor any of its trainers will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout programs or exercises. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.

16 Content

1) Definition: For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

2) User Content: All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

3) Notices and Restrictions: The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

4) Use License: Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sub licensable and non-transferable personal license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. As between you and StratFit, StratFit shall own all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof.

5) The programs and programs designed and published by stratfit users (trainers, elite coaches and gyms) using the stratfit platform are governed by the licensing policies defined within the system and these programs can be bought by other users within the system for commercial purposes. The agreement is negotiated between the owner of the program and the buyer of the program and stratfit provides tools for facilitating this negotiation and execution of the agreement. Any violation of the agreement needs to be settled between the buyers and the sellers and stratfit is not party to it.

6) License Grant: By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Applications, the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Applications, the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Applications, Site and/or the Services who has access to your User Content a non-exclusive, perpetual license to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

7) Availability of Content: We do not guarantee that any Content will be made available on the Applications or the Site or through the Services. We reserve the right to, but do not have any obligation to,

a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and
b) to remove or block any Content from the Services.

17 Rules of Conduct

1) As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.

2) You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
You know is false, misleading, untruthful or inaccurate;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, otherwise harms a third party, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
impersonates any person or entity, including any of our employees or representatives; or
includes anyone’s identification documents or sensitive financial information.

3) You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Applications or the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

4) You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, (iii) copy, rent, lease, distribute, use the Services for timesharing or service bureau purposes or otherwise transfer any of the rights that you receive hereunder, or (iv) remove or obscure any proprietary notices on the Services. You shall abide by all applicable local, state, national and international laws and regulations.

5) We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

18 Force majeure or act of God.

Neither Stratfit nor any of its stakeholders will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control including without any limitation, acts of god, mobilization, war, civil unrest, riot, strikes, lockout, interruption of business embargoes, restrictions to import and export, acts of civil or military authorities, fire, floods, accidents, disruptions to the telecommunications infrastructure service, outages resulting from traffic gridlock and or equipment failure and or software failure and or telecommunications failures, power failures, network failures, failures of third party service providers including providers of internet services and telecommunications the party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

19 SEVERABILITY

If any provision of the Terms is determined to be not qualified or invalid or unenforceable in whole or in part such disqualification or invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Any particular right(s) which is/are not expressly granted herein is/are reserved by Stratfit and is not waived in any situation whatsoever.