Last Updated November 1st, 2023
Step Labs LLC-FZ is a company incorporated under the laws of Dubai (UAE), bearing the company number 2202550, with a registered address at Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai (UAE) (hereafter referred to as “Step labs”, “we” or “us” as the context may require), its subsidiaries, affiliates, and licensors (collectively, “FITFI”) develop a distributed application that is running on blockchain technology, using specially developed smart contracts (each a “Smart Contract” and together “Smart Contracts”) to enable users to own, transfer and earn cryptocurrencies and non-fungible tokens (“NFTs”) and provide the website (the “Website”), the app (the “App”) and the Smart Contracts to you, subject to the following terms and conditions, together with any documents expressly incorporated by reference (collectively, the “Terms”). The Terms constitute a legal agreement between you and FITFI and govern all use of the Website, the App and the Smart Contracts as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, including all content, information, and services provided on the Website, the App and the Smart Contracts, whether as a guest or a registered user.
Please read the Terms carefully before using the Website, the App or the Smart Contracts. By using the Website, the App or the Smart Contracts, you accept and agree to be bound and abide by the Terms. If you do not agree to these Terms, you must not access or use the Website, the App or the Smart Contracts. Notwithstanding anything to the contrary herein, any agreement in effect between you (or your employer) and FITFI for the services on the Website, the App or the Smart Contracts shall take precedence over any conflicting or inconsistent provisions in these Terms. Access to and use of any other website, product, or third-party service, including those referenced herein or linked to from the Website, the App or the Smart Contracts, are governed by the terms or other agreement related to that third-party service or website.
These Terms include several important provisions that affect your rights and responsibilities, such as the disclaimers, limitations on FITFI’s liability, your agreement to indemnify FITFI for damages caused by your misuse of the Website, the App or the Smart Contracts, and procedures for resolving disputes by arbitration.
Supplemental terms and conditions or documents that may be posted on the Website, the App and the Smart Contracts from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you of any changes by updating the “Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Website, the App or the Smart Contracts after the date such revised Terms are posted.
The information on the Website, the App, and the Smart Contracts are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Website, the App or the Smart Contracts while breaking their local laws are doing it on their own initiative and will have to deal with any and all potential consequences.
Intellectual Property Rights
Unless otherwise indicated, the Website, the App and the Smart Contracts are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Website, the App or the Smart Contracts (collectively, the “Content") and trademarks, service marks and logos contained therein (the “Marks") are owned, controlled by us or licensed to us, and are protected by the applicable copyright and trademark laws and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the Website, the App or the Smart Contracts and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.
Provided that you are eligible to use the Website, the App or the Smart Contracts, you are granted a limited license to access and use the Website, the App and the Smart Contracts or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the App, the Smart Contracts, the Content, and the Marks.
THE WEBSITE, THE APP AND THE SMART CONTRACTS ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OLD. PEOPLE UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE OR REGISTER FOR THE WEBSITE, THE APP OR THE SMART CONTRACTS.
By using the Website, the App or the Smart Contracts, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Website, the App or the Smart Contracts through automated and non-human means, whether through a bot, script or otherwise, without our prior written consent; (6) you will not use the Website, the App or the Smart Contracts for any illegal and unauthorized purpose; (7) your use of the Website, the App or the Smart Contracts will not violate any applicable law or regulation; (8) you (a human being) will not manipulate or try to manipulate the system and its proportionate earning schedules in any capacity, (9) you have not been included in any trade embargoes or economic sanctions list (such as united nations security council sanctions list); (10) that FITFI or third-party providers we work with, may store the IP address you use to access the Website, the App or the Smart Contracts.
FITFI RESERVES THE RIGHT TO CHOOSE WHICH MARKETS AND JURISDICTIONS TO CONDUCT ITS BUSINESS AND MAY RESTRICT OR REFUSE, AT ITS SOLE DISCRETION, THE PROVISION OF SERVICES IN CERTAIN COUNTRIES OR REGIONS.
Registration and Account Information
Certain sections of the Website, the App or the Smart Contracts may require you to register as a user or create an account (your “Account”). By registering or creating an Account, you agree to provide accurate and complete information and to inform us of any changes to that information. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. You acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website, the App or the Smart Contracts or portions of it using your username, password or other security information. You agree to notify FITFI immediately of any unauthorized access to or use of your username or password or any other breach of security. FITFI reserves the right to remove, reclaim or change your username if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We will maintain certain data that you transmit to the Website, the App or the Smart Contracts for the purpose of managing the performance of the Website, the App or the Smart Contracts, as well as data relating to your use of the Website, the App or the Smart Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Website, the App or the Smart Contracts. To the furthest extent permissible pursuant to the applicable laws, you agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
You may not access or use the Website, the App or the Smart Contracts for any purpose other than that for which we develop the Website, the App or the Smart Contracts. Except if agreed to in a binding legal contract with FITFI, the Website, the App or the Smart Contracts may not be used to:
Create any commercial endeavors;
Systematically retrieve data or other content from the Website, the App or the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory;
Make any unauthorized use of the Website, the App or the Smart Contracts, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
Use a buying agent or purchasing agent to make purchases on the Website, the App or the Smart Contracts;
Use the Website, the App or the Smart Contracts to advertise or offer to sell goods and services;
Circumvent, disable, or otherwise interfere with security-related features of the Website, the App or the Smart Contracts, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website, the App and the Smart Contracts and/or the Content contained therein;
Engage in unauthorized framing of or linking to the Website, the App or the Smart Contracts;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct;
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the Website, the App or the Smart Contracts;
Attempt to impersonate another user or person or use the username of another user;
Sell or otherwise transfer your profile;
Use any information obtained from the Website, the App or the Smart Contracts in order to harass, abuse, or harm another person;
Use the Website, the App or the Smart Contracts as part of any effort to compete with us or otherwise use the Website, the App or the Smart Contracts and/or the Content for any revenue-generating endeavor or commercial enterprise;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website, the App or the Smart Contracts;
Attempt to bypass any measures of the Website, the App or the Smart Contracts designed to prevent or restrict access to the Website, or any portion of the Website, the App or the Smart Contracts;
Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website, the App or the Smart Contracts to you;
Delete the copyright or other proprietary rights notice from any Content;
Copy or adapt the Website’s, the App’s or the Smart Contracts’ software;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website, the App or the Smart Contracts or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website, the App or the Smart Contracts.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats, 1×1 pixels, web bugs, cookies, or other similar devices;
Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, the App or the Smart Contracts, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website, the App or the Smart Contracts;
Use the Website, the App or the Smart Contracts in a manner inconsistent with any applicable laws or regulations;
Engage in any practice that aims to manipulate the outcome of any FITFI games and/or reward schedules. All users should interact to the best of their abilities and any sort of tempering is strictly prohibited.
Fees and Payments
Step App Marketplace & In-Game Assets
Any purchases from or related interactions with the Website’s or the App’s marketplace will be executed through Smart Contracts using a cryptographic wallet. We have no insight into or control over any payments or transactions, nor do we have the ability to reverse any such payments and transactions. Taking this into account, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Website and/or the App by using the Smart Contracts.
The blockchain network might require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the network. The Gas Fee funds the stakeholders that run the decentralized network. This means that you will need to pay a Gas Fee for several transactions that occur via the Website or the App. In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction via the Website or the App, you authorize us to collect the correlated commissions as displayed on the Website or the App (each, a “Commission”, and together “Commissions”). You acknowledge and agree that the Commissions will be directly transferred to us through the network as a part of the respective transactions.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Website or the App (including, without limitation, any Taxes that may become payable as the result of your ownership or transfer of cryptocurrencies and NFTs). Except for income taxes levied on FITFI, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by Step App) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method through Google Play or iTunes store. If you paid through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Step App, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from the use of your Payment Method at the Services, please contact us immediately via email@example.com.
In order to access certain functionality of the Services, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. Athletes changing from monthly to annual subscriptions will have the annual rates take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other charges you incur in connection with your Step App account, whether on a one-time or subscription basis. Step App reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.
If you reside outside the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days (the “Cooling-off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-off Period.
Cancellation of Subscription
You may cancel a subscription through the Google Play or iTunes store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time by visiting the "My Profile" tab and tapping on the "..." symbol in the top right corner.
Third-Party Website and Content
The Website and the App may include links to other websites or apps (“Third-Party Websites or Apps”) and may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services (“Third-Party Content”). Such Third-Party Websites or Apps and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites or Apps accessed through the Website or the App, or any Third-Party Content posted on, available through, or installed from the Website or the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Apps or any Third-Party Content does not imply approval or endorsement thereof by FITFI. If you decide to leave the Website and/or the App and access the Third-Party Websites or Apps or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms no longer govern such interaction. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Apps to which you navigate from the Website or the App or relating to any applications you use or install from the Website or the App. Any purchase you make through Third-Party Websites or Apps will be through other websites from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. All statements and/or opinions expressed on the Third-Party Websites or Apps or in Third-Party Content are solely the opinions and the responsibility of the person or entity providing them and do not necessarily reflect the opinion of FITFI. FITFI is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Website and the App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website or the App is accurate and complies with applicable laws. As an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Website and/or the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. FITFI is not responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials, or for the acts or omissions of such advertisers or sponsors.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website, the App and the Smart Contracts (“Submissions") provided by you to us are non-confidential and should become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. If you believe that any Submissions violate your copyright, please see our Copyright Notice for instructions on sending us a notice of copyright infringement.
You expressly understand and agree that your access to and use of the Website, the App and the Smart Contracts are at your sole risk, and that the Website, the App and the Smart Contracts are provided “as is” and “as available” without warranties of any kind, whether express or implied. To the furthest extent permissible pursuant to the applicable laws, FITFI makes no express warranties and hereby disclaims all implied warranties regarding the Website, the App and the Smart Contracts and any part of it (including, without limitation, the website, any smart contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, FITFI do not represent or warrant to you that: (_i) your access to or use of the Website, the App and the Smart Contracts will meet your requirements, (ii) your access to or use of the Website, the App and the Smart Contracts will be uninterrupted, timely, secure or free from error, (iii) usage data provided through the Website, the App and the Smart Contracts will be accurate, (iv) the Website, the App and the Smart Contracts or any content, services, or features made available on or through the Website, the App and the Smart Contracts are free of viruses or other harmful components, or (v) that any data that you disclose when you use the Website, the App and the Smart Contracts will be secure.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET BY USING BLOCKCHAIN TECHNOLOGY AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BLOCKCHAIN NETWORK, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP OR THE NETWORK.
ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE NETWORK. FITFI HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. FITFI IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE NETWORK.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS. THUS, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU OBJECT TO THESE TERMS, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE, THE APP AND THE SMART CONTRACTS.
Assumption of Risk
As FITFI operates a distributed application that is running on blockchain technology, using specially developed Smart Contracts, you accept and acknowledge each of the following:
The prices of blockchain assets (cryptocurrencies, NFTs…) are extremely volatile. Fluctuations in the price of other blockchain assets could materially and adversely affect the value of the respective cryptocurrencies and NFTs. We cannot guarantee that you will not lose money.
There are risks associated with using blockchain assets, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that FITFI, to the furthest extent permissible pursuant to the applicable laws, will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the network, however caused.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the FITFI ecosystem, and therefore the potential utility or value.
Upgrades to the FITFI network and ecosystem may have unintended, adverse effects on certain assets.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may adversely affect the development of the FITFI ecosystem, and therefore the potential utility or value.
You are solely responsible for determining if any taxes apply to your transactions. FITFI is not responsible for determining the taxes that apply to your transactions on the Website, the App, or the Smart Contracts.
Limitation of Liability
YOU ASSUME THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE INFORMATION AND SERVICES ON THE WEBSITE, THE APP OR THE SMART CONTRACTS. TO THE FURTHEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAWS, FITFI WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR:
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THE WEBSITE, THE APP OR THE SMART CONTRACTS, WHETHER OR NOT FITFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE, THE APP OR THE SMART CONTRACTS; OR
ANY OTHER CAUSE WHATSOEVER, EVEN IF FITFI WAS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN CASE OF ANY LIABILITY OF FITFI IN ACCORDANCE WITH THESE TERMS, YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE WEBSITE, THE APP AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR, UNLESS EXPLICITLY OR LEGALLY STATED OTHERWISE.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE WEBSITE, THE APP AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE, THE APP AND THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURY IN CONTRACTS WITH CONSUMERS. THUS, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU OBJECT TO THESE TERMS, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE, THE APP AND THE SMART CONTRACTS.
You agree to indemnify, defend, and hold FITFI and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (i) your use of the Website, the App or the Smart Contracts (ii) your breach of these Terms, (iii) your breach of your representations and warranties set forth in these Terms, (iv) your violation of the rights of a third party, including but not limited to intellectual property rights, or (v) any other harmful act towards any other use of the Website, the App and the Smart Contracts with whom you connected via the Website, the App and the Smart Contracts.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
To the furthest extent permissible pursuant to the applicable laws and subject to the provisions below, you (i) hereby irrevocably and unconditionally submit to the jurisdiction of the competent courts of the UAE for the purpose of any dispute, suit, action or other proceeding arising out of or based upon these Terms or the matters contemplated by these Terms (“Disputes”), (ii) agree not to commence any suit, action or other proceeding arising in connection with or based upon these Terms or the matters contemplated by these Terms except before the competent courts of the UAE, and (iii) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that you are not subject personally to the jurisdiction of the above-named courts, that your property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that these Terms or the subject matter hereof or thereof may not be enforced in or by such court. Each party will bear its own costs in respect of any Disputes.
At FITFI’s sole discretion and commencing within a reasonable period from the date of notification to the other party of such Dispute, any Dispute may be resolved by confidential, binding arbitration conducted in the English language by a single arbitrator pursuant to the rules of the International Chamber of Commerce (the “Rules”). The arbitrator shall be appointed in accordance with the procedures set out in the Rules. The decision of the arbitrator shall be final and binding upon the parties and the parties expressly waive any right under the laws of any jurisdiction to appeal or otherwise challenge the award, ruling or decision of the arbitrator. If FITFI elects to have a Dispute resolved by arbitration pursuant to this provision, no party hereto shall (or shall permit its representatives to) commence, continue or pursue any Dispute in any court; provided, however, that FITFI shall be entitled to obtain an injunction or injunctions to prevent breaches of this provision and to enforce specifically the terms and provisions thereof, this being in addition to any other remedy to which FITFI is entitled to by law or in equity.
Changes to the Website, the App and the Smart Contracts
We reserve the right to withdraw or amend the Website, the App or the Smart Contracts, and any Content we provide on the Website, the App or the Smart Contracts, at our sole discretion and without notice. The Content of the Website, the App or the Smart Contracts is not necessarily complete or up-to-date, and we are under no obligation to update such the Content. We will not be liable if for any reason all or any part of the Website, the App or the Smarts Contracts are unavailable at any time or for any period.
Without limiting any other provision of these Terms, you acknowledge and agree that FITFI, at its sole discretion, may, without notice, warning or liability, terminate your access to the Website, the App or the Smart Contracts (including blocking certain IP addresses) or suspend/terminate your Account, if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason. FITFI shall not be liable to you or any third party for termination of the access to the Website, the App or the Smart Contracts or suspension/termination of your Account.
If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Website, the App and the Smart Contracts.
Successors and Assigns
These Terms shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto and express beneficiaries hereof. These Terms may not be assigned without FITFI’s consent.
All matters relating to the Website, the App or the Smart Contracts and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by or construed in accordance with the laws of the UAE, without regard to principles of conflicts of laws, and shall be handled under the jurisdiction of the competent courts of the UAE. To the furthest extent permissible pursuant to the applicable laws, you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. To the furthest extent permissible pursuant to the applicable laws, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
All notices and other communications given or made pursuant to these Terms shall be in writing and shall be deemed effectively given when sent by electronic mail to firstname.lastname@example.org during the recipient’s normal business hours (Monday-Friday from 7AM-4PM CET), and if not sent during normal business hours, then on the recipient’s next business day.
Severability of Provisions
If any provision or part of a provision of these Terms is deemed unlawful, void, or unenforceable, then that provision or part of a provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
No waiver by FITFI of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FITFI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Website, the App and the Smart Contracts, or in respect to the Website, the App and the Smart Contracts constitute the entire agreement and understanding between you and FITFI with respect to the Website, the App and the Smart Contracts and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website, the App and the Smart Contracts.
If you have any questions about these Terms, or about the content, information, or services on this Website, the App, or the Smarts Contracts, you may contact us using any of the methods described on our Website.
If you have provided your address or email to FITFI, you agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, any notice we send to your old address or email shall be deemed sufficient notice.