Last Updated: June 30, 2017
We provide a variety of services through our website (https://kingfit.io, the "Site") and our mobile app (the "App"). The App and the Site are referred to as the "KingFit Platform". Our services include health and wellness related information for those with diabetes, or at risk of diabetes, and all other services we provide through the KingFit Platform now or in the future (the "Services").
These Terms govern your access to and use of our Services and all related mobile applications and technology platforms that we provide to you in connection with your use of the Site.
- Who Can Use the Services. You must be at least 18 years old to create an account and use the Services. If you are at least 13, but are not yet 18, you may use the Services only with the supervision and consent of your parent or legal guardian. If you are 12 or younger, you may not use the Services and may not submit any Personal Data to us, such as your name, address or contact information. You must be a permanent resident of the United States of America to use the Services.
- Creating an account to Use the Services. You may be required to create an account to use the Services. Your account may automatically provide access to some Services. You may be required to pay additional amounts to access other Services. For more details about our current user plans and costs, click here https://user.kingfit.io. If you sign up for Premium Services (defined below) (which you may do during or after you create an account) you must designate and provide information about your preferred payment method ("Payment Method"). Your Payment Method may only be a payment method that we accept through the account registration process. Your Payment Method information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect from your Payment Method the appropriate fees charged for the Premium Services and for any other purchases you elect to make through the Services.
- Premium Services. We provide some Services through the KingFit Platform for free. There is a separate fee for other Services, as identified on the KingFit Platform (the "Premium Services"). You also agree to waive your 14-day right to withdrawal from this relationship, to the maximum extent permitted by applicable law so that you are able to immediately access all of the Premium Services. You may make changes to your subscription to the extent we make such changes available to you through the Services.
- Your account Information. You must provide us with accurate and complete information required by the account registration process. You must keep that information up to date. We may not be able to provide you with important updates and notices if you do not keep your information current.
- Access to your account. If you create an account, you are responsible for maintaining the confidentiality of all actions that take place while using your account. Notify us immediately if you suspect someone has made unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge. If you forget your password, follow the prompts on the log in feature to create a new password.
- Changes to the Services. We may change the Services at any time without notice to you. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability. We may also from time to time, as we see fit, develop and provide updates for certain Services ("Updates") some of the Services may not properly operate if you do not install all Updates. These Updates may include updated versions of our applications, which may automatically electronically upgrade the versions used on your devices. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.
- Our Right to Suspend and Monitor Use of the Services.We may change, suspend, or discontinue any or all of the Services at any time. We may also deactivate, terminate or suspend your account at any time: (1) if we, in our sole discretion, determine that you are or have been in violation of these Terms, (2) if we, in our sole discretion, determine that you have created risk or possible legal exposure for us, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuance or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or at the next time you attempt to access your account after any such deactivation, termination or suspension. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services.
- Pricing and Payment. You agree to pay all fees and charges that apply to the Premium Services that you sign up for, such as subscription fees, and all other charges and fees for purchases you make through the Services. You also agree that you will pay all sales taxes and other taxes and governmental charges and assessments on goods and services that you purchase through the Services. You can choose to pay for the Premium Services on a monthly basis or any other basis that we make available through your account settings. All fees due for the Premium Services must be paid in advance, and will be billed automatically to your Payment Method at the start of the month or other period, as applicable. We may modify the fees and charges at any time by providing written notice to you by posting the new fees and charges on the KingFit Platform or by emailing you. If you do not wish to pay the new prices, you can cancel the applicable Premium Service before the change goes into effect. To determine current pricing, check our pricing often at this link https://user.kingfit.io. All purchases of subscriptions or any other good or service through the Services are final, and there are no refunds. You will not be entitled to a refund regardless of when your subscription is terminated and regardless of the reason you terminate your subscription.
Free Trials. We sometimes offer free trials of our Premium Services or other promotional offers (each a "Free Trial"). A Free Trial provides you access to the Premium Services for a period of time, with details specified when you sign up for the offer. Your use of the Services under a Free Trial is subject to all of these Terms. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Premium Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Premium Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials. In order to sign up for a Free Trial, you may need to provide us with your preferred payment method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.
Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Premium Service will automatically continue and you will be billed for that Premium Service. It is your responsibility to know when the Free Trial will end and cancel your Free Trial before it expires if you do not wish to pay for the Premium Services. All incurred charges are final and non-refundable. We may, but are not obligated to, send you a reminder when your Free Trial is about to end. When you cancel, you may lose access to the Premium Service as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if you did not use the Premium Service for the entire duration of the offer.
- Electronic Communications. By creating an account, you agree to receive communications from us, including via e-mail. Communications from us may include but are not limited to: operational communications concerning your account or use of the KingFit Platform or Services, updates concerning Updates or new Services, communications concerning promotions run by us or our third- party partners, and news concerning KingFit and industry developments. You may opt out of receiving promotional emails by following the unsubscribe options in the promotional email itself, or by adjusting your settings in your account.
- Mobile Communications. By downloading or using our application, you expressly agree that we may communicate with you regarding transactions you have initiated on the Services. You also agree that we may respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us. Your phone company's normal messaging, data, and other rates and fees will still apply.
- Mobile Services. To use or access the Services, you will need a compatible device. We cannot guarantee that the applications will be compatible with, or available on, your device. You may need to pay some fees to use some or all of the Services. Also, your phone company's normal messaging, data, and other rates and fees will still apply.
- Mobile License. We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of that code.
Acceptable Use. You agree that you will use the Services only in a manner that complies with and does not violate any local, state, or national law, rule or regulation. You acknowledge that you may not use the Services in any way that:
- harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- is harmful, unlawful, threatening, abusive, harassing, defamatory, libelous, invasive of any other person's privacy, obscene, pornographic, offensive, or exploits a minor in any way; solicits any personal information from any person who is a minor; includes personal or
- identifying information about another person without that person's explicit consent;
- impersonates any person, organization, association or any other entity, or falsely states or otherwise misrepresents your affiliation with another person or entity;
- is false, deceptive, misleading, deceitful, or in any way misrepresents the truth of any matter;
- constitutes or encourages the commission of any criminal offense, or that provides instructional information about any illegal activity, including but not limited to making weapons, explosives, drugs, or computer viruses;
- constitutes conduct that would give rise to civil liability or otherwise violate any law; violates, plagiarizes, or infringes our rights or the rights of third parties, including but not limited to copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- violates any law or contractual relationship to which you are subject; transmits software viruses or any other computer code, files or programs designed to interrupt,
- destroy or limit the functionality of any computer or telecommunications equipment;
- drestricts or inhibits any other user from accessing or using the Services, whether by damaging, disabling, overburdening, impairing, or interfering with the functionality or quality of the Services in any manner;
- uses any robot, spider, crawler, scraper or other automated means not expressly authorized by us to access the Services;
- dcircumvents or attempts to circumvent any measure designed to protect the Services, or third parties;
- use the Services for any commercial purpose; or
- export or otherwise transmit the Services outside of the United States.
- Accuracy and Reliance on Content. The content available through the KingFit Platform and the Services (the "Content") may or may not be accurate, reliable or complete. We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update the Content. We do not endorse any opinions or recommendations contained in Content we obtain from third parties. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on the Content. You are solely responsible for ensuring that Content is accurate, complete and useful.
- Not Medical Advice. We aim to provide useful general information to you and other users, not professional medical advice. The Services and the KingFit Platform are not medical devices, and the data and Content provided by them is not intended to be used for medical purposes and is not intended to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice through the Services. All Content provided through the Services, whether provided by us or by others (even if they are a doctor or licensed medical professional) is not intended to be and should not be used in place of (a) the advice of your physician or other professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. We are not responsible for any health problems that may result from your use of the Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately. Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between us and you.
- Our Right to Modify these Terms. We may modify these Terms at any time by providing to you a modified copy of these Terms by email or by posting the modified Terms on the KingFit Platform. The modified Terms will be effective when provided to you, unless we specify a later date. Notwithstanding the previous sentence, if you have an active paid subscription with us, updated Terms will only take effect at the beginning of your next billing cycle, unless applicable law requires that they take effect sooner (in which case they will be effective when required or permitted by law) or unless you affirmatively accept the updated Terms Sooner. If you do not agree to the modified Terms, your only option is to stop using the KingFit Platform or the Services after the effective date of the modified Terms. Your continued use of the KingFit Platform or the Services after the effective date of the modified Terms will be your affirmative agreement to the modified Terms. We may modify any information referenced in the hyperlinks from these Terms from time to time, and such modifications will become effective upon posting, unless a later date is specified. Continued use of the KingFit Platform or Services after the effective date of any such changes shall constitute your consent to the changes. These Terms may only be modified as provided in this Section.
- Our Right to Suspend Your account. If any subscription fee is not paid to us when it is due, then we may indefinitely suspend your account in our sole discretion, without notice to you. If you violate these Terms, we reserve the right to indefinitely suspend your account in our sole discretion without notice, although we will endeavor to provide notice to you. During any suspension of your account, you will not have access to the Services.
Terminating your Subscription. You may terminate any subscription you have purchased at any time, effective at the end of your subscription term in force when you cancel your subscription. You may only cancel your subscription using the features that we provide for that purpose through the KingFit Platform and the Services.
We reserve the right to terminate your account and any subscription, effective at any time upon providing written notice to you if you violate these Terms. Upon termination you may lose your ability to access your account and some or all Services, including all Premium Services. After any termination of your account or any subscription, we have no obligation to maintain any information stored in or related to your account. We reserve the right to permanently erase all of data you stored in your account or provided to us through your account at any time after your account is terminated or at any time after your subscription is terminated.
- Disclaimers. The following disclaimers are made on behalf of KingFit, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and owners. The KingFit Platform is provided on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the KingFit Platform and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that your use of the KingFit Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements or the requirements of any third party, that any defects in the KingFit Platform or Services will be corrected, or that the KingFit Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, interoperability with any system, connectivity or availability of the KingFit Platform or Services. We expressly disclaim all liability arising from the unauthorized use of your account. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you agree to notify us immediately.
Limitation of Liability. IN NO EVENT WILL KINGFIT, INCLUDING OUR AFFILIATES, SUBSIDIARIES, OWNERS, PARENT COMPANIES, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS (COLLECTIVELY "KINGFIT" FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE KINGFIT PLATFORM OR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE KINGFIT PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
If we are ever determined to be liable to you or any third party for any reason in connection with these Terms, then your sole and exclusive remedy shall be damages payable to you or on your behalf in an amount equal to the subscription fees that you paid to us during the 12 month period ending on the date of the events that resulted in the claim.
- Intellectual Property. All intellectual property rights in the KingFit Platform are owned by KingFit absolutely and in their entirety, or by other parties we have licensed the intellectual property from. These rights include and are not limited to database rights, copyrights, design rights (whether registered or unregistered), trademarks and service marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of those rights. You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), and the Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services, the KingFit Platform and the Content, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Content or Services to anyone else.
- General Terms. These Terms shall be governed by the laws of the State of Kansas without regard to choice of law principles. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of these Terms. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms. You agree that these Terms and all incorporated agreements may be automatically assigned by us, in our sole discretion by providing notice to you. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. If we fail to act or exercise our rights in response to a breach by you or any other user, that will not constitute a waiver of our right to act with respect to subsequent or similar breaches. Any waiver we make will only be effective if in writing and only for the specific circumstance identified. These Terms contain the entire understanding and agreement between you and KingFit with respect to the subject matter of these Terms, and supersede all previous written or verbal understandings and agreements between the parties.
Mandatory Arbitration, Venue, Limitation of Remedies and Damages. IMPORTANT: READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, AND REQUIRES YOU TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION.
You agree that any dispute between you and KingFit must be resolved in an individual arbitration, and not as a class arbitration, class action, or any other representative proceeding.
You agree that all aspects of any arbitration proceedings will be kept confidential, including all information exchanged, collected, or presented during the arbitration.
So that you and KingFit may seek an informal solution to any dispute, you agree that before instituting a formal arbitration proceeding, you will provide KingFit with notice of your claim. Such notice shall be sent by certified mail to Fleeson, Gooing, Coulson, & Kitch L.L.C., Attn: Sam Foreman, 301 N. Main St., Wichita, Kansas, 67101 and must include your name, address, email address, and phone number; a detailed description of your claim, including the legal and factual basis of the claim; and a description of the specific relief you seek in connection with your claim. KingFit shall have 60 days from the date of mailing to respond, after which either party may commence an arbitration proceeding.
The provisions of this section shall survive termination of these terms.
- Notices. Except as explicitly stated otherwise, any notices to us shall be submitted through the "contact" feature provided through your account. All notices to you shall be provided to you through the KingFit Platform or given to you via the email address you provide to us during the registration process, or otherwise provide to us through the account features we provide to you for that purpose.