FitFlick Terms and Conditions 

FitFlick is more than an app, it's a lifestyle. Our goal is to create an environment in which finding fitness enthusiasts is more of a second nature, rather than a daily hassle. FitFlick provides you the fastest way to network every day while avoiding the awkwardness of sending or rejecting requests to connect. Swipe a profile right if you'd like to connect, swipe left if you don't. Once you get a match, you can chat and set up a meeting in person or through whichever means of communication you want. Simple

Some General Info about FitFlick and our App

 

How Does FitFlick Work?

FitFlick uses an algorithm to best match profiles that are alike. Daily batch suggestions are based on location and interests, to bring you people nearby who may share common interests with you. On FitFlick, you can write to other people when interest is mutual, that is, when you both privately decided to swipe right on each other's profile. You can be notified of a match via email and push notifications, or in real time when you swipe. However, be aware that swiping everyone right on your account will result in your profile being downgraded, so be sure to choose wisely!

 

Do People Know When I've Swiped Them?

Reactions to other profiles is anonymous. 

 

What are FitFlick Coins?

FitFlick coins gives you the opportunity to swipe more than 15 profiles a day. It also allows you to purchase in app content such as pro packages and live streams. 

How Do I get FitFlick Coins?

You are given the option to purchase the various coin bundles from within the app. 

How Do I Join FitFlick?

Simply download the app from the iOS store and sign up using your email.

Why am I getting matched with People with no mutual interests?

At FitFlick we do our best to help you connect with like-minded people, however we also share a strong belief in serendipity and creating chance encounters. People often find opportunities in places they wouldn't even think to look in the first place; sometimes it's good to explore beyond your own industry and your interests, you never know what you'll discover!

What can I do to get better matches?

Your Bio is the element that stands out the most on your FitFlick profile. It's the foundation for letting other people know your likes and interests, as well as what you're looking for on FitFlick. First impressions are crucial, and other users are going to make a split second decision whether to swipe you right or left based on your Bio and photo. We recommend you make your profile as complete as possible by having a strong, solid Bio, a clean photo of yourself, and a comprehensive list of your #interests as well as your updated industry.

How do I remove someone from my matches?

Simply go to your matches, select the profile you would like to un match and select the options menu to the right of their name and select un match. You can also contact our support team at [email protected] if you see any suspicious activity.

I only get less than 10 daily profiles in my daily batch, why?

As an expanding company, there are some areas where we might be new and just starting out. As a result, there probably might not be that many users near your location, which would explain the small amount of profiles showing up in your daily batch. If you feel something is off, simply drop us a line so we can look into the issue.

How do I enable or disable push notifications?

On iOS: To receive notification's simply go to your iPhone's Settings > Notifications > FitFlick > and turn notifications on, also make sure that the Show in Notification Center option is turned on.

On Android, to turn notifications on/off go to your device's Settings > Device > Application Manager > FitFlick > once you get to the App Info check the box that says Show Notifications.

For any other queries that may have not been answered here, please contact us at [email protected] and one of our team members will get back to you within 24 hours.

 

FitFlick Rules 

Before you can use our awesome App, you will need to register for an account ("Account"). In order to create an Account you must:

be at least 16 years old; and

be legally permitted to use the App by the laws of your home country.

You can create an Account via manual registration. 

Unfortunately, we cannot allow you to use another person's Account without permission - that just wouldn't be fair!

You'll have great fun on FitFlick, but if you feel the need to leave, you can delete your Account at any time by going to the 'Settings' page when you are logged in and clicking on the 'Delete account' link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. We will save your profile information in case you realise you miss us and you decide to restore your Account (which you can do within 30 days of de-activating your Account). If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you. We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.

TYPES OF CONTENT

There are three types of content that you will be able to access on the App:

  1. content that you upload and provide ("Your Content");
  2. content that members provide ("Member Content"); and
  3. content that the FitFlick Group provides ("Our Content").

There is certain content we can't allow on FitFlick

We want our users to be able express themselves as much as possible and post all sorts of things on FitFlick, but we have to impose restrictions on certain content which:

FitFlick operates a zero-tolerance policy for this kind of content.

Your Content

As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Sorry that was a bit of a mouthful, but you are what you post!

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

As FitFlick is a public community, Your Content will be visible to other users of the App all around the world instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other FitFlick Users). By uploading Your Content on FitFlick, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.

We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.

Member Content

Other members of FitFlick will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

You do not have any rights in relation to other users' Member Content, and you may only use other FitFlick users' personal information to the extent that your use of it matches FitFlick's purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

Our Content

You may be wondering what happens to the rest of the Content on FitFlick. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on FitFlick are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions:

  1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
  2. you shall not use our name in metatags, keywords and/or hidden text;
  3. you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
  4. you shall use Our Content for lawful purposes only.

We reserve all other rights.

 

PRIVACY

For information about how the FitFlick Group collects, uses, and shares your personal data, please check out our Privacy Policy – this is important stuff, and makes for great bedtime reading! By using FitFlick, you agree that we can use such data in accordance with our Privacy Policy 

 

RESTRICTIONS ON THE APP

You agree to:

You agree that you will not:

We don't like users misbehaving in the FitFlick community – users should not do bad things to other users. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the 'Block & Report' link.

Also, we don't appreciate users doing bad things to FitFlick - we've worked hard on our creation, so scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.

 

PUSH NOTIFICATIONS; LOCATION-BASED FEATURES

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the FitFlick services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at [email protected] 

DISCLAIMER

Brace yourselves, this may look daunting but it is very important!

THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE FitFlick GROUP IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. FitFlick DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

 

INDEMNITY

All the actions you make and information you post on FitFlick remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

  1. any negligent acts, omissions or wilful misconduct by you;
  2. your access to and use of the App;
  3. the uploading or submission of Content to the App by you;
  4. any breach of these Terms by you; and/or
  5. your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

 

MISCELLANEOUS

There are a few more things we need to mention before you can use FitFlick. Please bear with us, we're nearly done!

Firstly, those standard clauses at the end of most contracts (boring, we know)

These Terms, which we may amend from time to time, constitute the entire agreement between you and FitFlick ltd. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

FitFlick ltd has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on FitFlick and provides that information on an "as is", "as available" basis. FitFlick ltd does not give or make any warranty or representation of any kind about the information contained on FitFlick, whether express or implied. Use of FitFlick and the materials available on it is at your sole risk. FitFlick ltd can not be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from FitFlick is free of viruses or other harmful components. You accept that FitFlick will not be provided uninterrupted or error free, that defects may not be corrected or that The FitFlick Group, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. The FitFlick Group is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

We know our Terms are awesome, but we may have to change them now and again

As FitFlick grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.

Your continued use of FitFlick following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using FitFlick immediately (uh oh, that's going to be hard!).

Some more legal mumbo jumbo

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

You represent and warrant that:

  1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
  2. you are not listed on any U.S. Government list of prohibited or restricted parties.

By using the App, you agree and acknowledge that FitFlick is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on FitFlick, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:

  1. the availability or accuracy of such websites or resources; or
  2. the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.

These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.