Terms and Conditions

1. Agreement to Terms

By downloading, installing, accessing, or using the SERRATUS FIT mobile application ("App") or website at serratusfit.com ("Website"), collectively referred to as the "Services," you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not download, install, access, or use the Services. These Terms constitute a legally binding agreement between you and SERRATUS FIT SRL ("Company," "we," "us," or "our").

We reserve the right to modify these Terms at any time. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you. For material changes, we will provide reasonable advance notice where required by applicable law.

2. Description of Service

SERRATUS FIT is a fitness platform that provides workout tracking, workout planning, exercise demonstrations, and fitness insights through our mobile application and website. The App is designed to assist users in organizing and tracking their fitness activities and is available for download on the Apple App Store and Google Play Store. The Website provides information about our services, support resources, and access to your account.

The Services may include features such as exercise libraries, workout routines, progress tracking, and other fitness-related content and tools. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice.

3. Not Medical or Professional Advice

The Services do not provide medical advice, diagnosis, or treatment. The exercises, workouts, and fitness content available through the Services are not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, qualified healthcare provider, or certified fitness professional with any questions you may have regarding a medical condition, physical fitness, or exercise program.

Never disregard professional medical advice or delay in seeking it because of something you have read or seen in the Services. If you think you may have a medical emergency, call your doctor or emergency services immediately.

The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Services. Reliance on any information provided by the Services is solely at your own risk.

Before beginning any exercise program, including those provided in the Services, you should consult with your physician or other healthcare provider. This is especially important if you have any pre-existing medical conditions, are pregnant, or have not exercised for an extended period.

4. Assumption of Risk

Physical exercise, by its very nature, carries inherent risks, including but not limited to physical injury, strain, discomfort, abnormal blood pressure, fainting, disorders of heart rhythm, and in rare instances, heart attack, stroke, or even death. You expressly agree that your use of the Services and participation in any exercise program is at your sole risk.

BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:

• You are voluntarily participating in fitness activities and using the Services at your own risk.
• You assume full responsibility for any risks, injuries, or damages, known or unknown, which you might incur as a result of using the Services or participating in any exercise program.
• You are physically and mentally capable of participating in the exercise programs provided through the Services.
• You have consulted with a healthcare provider before beginning any exercise program, especially if you have any medical conditions or concerns.
• You will immediately stop any exercise if you feel pain, discomfort, dizziness, or any other symptoms that may indicate a health issue.
• You understand that not all exercises are suitable for everyone, and you are responsible for selecting exercises appropriate for your fitness level and abilities.

You hereby release and forever discharge the Company, its officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, demands, damages, rights of action, or causes of action, present or future, arising out of or connected with your use of the Services, including any injuries that may result from your participation in any exercise program.

5. Service Provided "As Is"

To the fullest extent permitted by applicable law, the Company disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• That the Services will be uninterrupted, timely, secure, or error-free.
• That the results obtained from the use of the Services will be accurate, reliable, or meet your expectations.
• That any errors in the Services will be corrected.
• That the Services are free of viruses or other harmful components.
• That the exercises or workouts provided will produce any specific results.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NOTHING IN THESE TERMS LIMITS WARRANTIES OR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, punitive, or exemplary damages.
• Loss of profits, revenue, data, goodwill, or other intangible losses.
• Personal injury, including death, caused by your use of the Services or reliance on any content provided through the Services.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from the Services.
• Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services.
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage.

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM; OR (B) EUR 50. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION LAWS.

7. Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM:

• Your use of and access to the Services.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any intellectual property, property, or privacy right.
• Any claim that your use of the Services caused damage to a third party.
• Any injury or harm you may cause to yourself or others through exercise activities undertaken in connection with the Services.

This indemnification applies to the fullest extent permitted by law and does not limit non-waivable rights you may have as a consumer.

8. User Responsibilities

The Services are not available to children under the age of 13 (or a higher minimum age if required by local law). By using the Services, you represent and warrant that you meet the minimum age requirement applicable to your location. If you are below the applicable minimum age, you may not download, install, access, or use the Services. If you are under 18 (or the age of majority in your jurisdiction), you may only use the Services with the involvement and consent of a parent or legal guardian.

As a user of the Services, you agree to:

• Provide accurate and complete information when creating an account.
• Maintain the security and confidentiality of your account credentials.
• Notify us immediately of any unauthorized use of your account.
• Use the Services only for lawful purposes and in accordance with these Terms.
• Not use the Services in any way that could damage, disable, overburden, or impair the Services.
• Not attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services.
• Not use any robot, spider, or other automatic device to access the Services.
• Not reverse engineer, decompile, or disassemble any software contained in the Services.
• Not remove any copyright, trademark, or other proprietary notices from any portion of the Services.
• Not mirror, frame, or link to any portion of the Services without our prior written consent.
• Not use any automated means, including scripts, bots, scrapers, or data mining tools, to access, index, survey, or collect data from any portion of the Services.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile carrier's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device, and you are solely responsible for any such charges.

You are responsible for acquiring and maintaining compatible hardware and devices necessary to access and use the Services and any updates to them. We do not guarantee that the Services, or any portion of them, will function on any particular hardware or device. The Services may also be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

9. Intellectual Property

All content included in the Services, such as text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) access and use the Services on your personal devices solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted in these Terms are reserved by the Company and its licensors. This license does not include the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from the Services.

10. Subscription and Payments

Access to certain features requires a paid subscription ("Subscription"). All paid Subscriptions are sold exclusively through the Apple App Store or Google Play Store. SERRATUS FIT does not directly process card payments for Subscriptions and does not offer subscription checkout outside these platforms.

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. By purchasing a Subscription, you acknowledge that it has recurring payment features and you accept responsibility for all recurring charges until cancellation. You can manage and cancel your subscriptions through your app store account settings (Apple App Store or Google Play Store). Cancellation will take effect at the end of the then-current billing period, and you will retain access to the Services until that period ends.

Refunds for purchases made through app stores are handled according to the refund policies and processes of the respective platform (Apple App Store or Google Play Store). The Company does not directly process refund requests for in-app purchases. Nothing in this section limits any refund, withdrawal, or other rights you may have under applicable law.

By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple and Google, as part of our efforts to resolve refund, chargeback, or billing-dispute requests initiated through those platforms. This information may include details about how you have accessed and interacted with purchased content, including entitlement status. The purpose of sharing this data is to help the relevant platform make an informed decision about your request. We ensure that such data sharing is done in compliance with platform policies and only as necessary to process your request.

11. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Third-Party Services and Links

The Services may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

To the extent required by applicable law and platform terms, SERRATUS FIT (not Apple or Google) is responsible for providing support and maintenance for the Services and handling claims relating to the Services.

Apple Inc. and Google LLC are third-party beneficiaries of these Terms to the extent you access the Services through applications distributed via their respective platforms. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services through these platforms is subject to the terms and conditions set forth in the applicable platform's terms of service.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

ANY DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY IN THE COURTS OF ROMANIA, AND YOU CONSENT TO THE PERSONAL JURISDICTION OF SUCH COURTS. IF MANDATORY CONSUMER PROTECTION LAW IN YOUR COUNTRY OF RESIDENCE GIVES YOU ADDITIONAL RIGHTS OR PERMITS CLAIMS TO BE BROUGHT IN YOUR LOCAL COURTS, THOSE RIGHTS AND PROTECTIONS REMAIN APPLICABLE.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.

15. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and the Company concerning the Services. These Terms supersede any prior agreements or understandings, whether written or oral, relating to the Services.

16. Contact Information

If you have any questions about these Terms, please contact us: