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ProTracker, MyScore Plus, and MooveFit Terms and Conditions

Effective Date: August 22, 2024

 

These Terms and Conditions ("Terms") govern your relationship with the ProTracker, MyScore Plus, and MooveFit mobile applications (collectively the "Service") operated by MooveFit Technologies Inc. ("us", "we", or "our") and its affiliates. These Terms also cover services distributed via the Apple App Store ("App Store") for iOS devices including iPhone, iPad, and iPod Touch.

 

Please read these Terms carefully before using the ProTracker app.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

 

By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use the Service.

 

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1. Paid Services and Subscriptions

 

Some parts of the Service are offered on a subscription basis (the "Subscription(s)"). Subscriptions are billed in advance on a recurring basis ("Billing Cycle"). Billing Cycles are set on either a monthly or annual basis, depending on the subscription plan you select when purchasing a Subscription.

 

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or MooveFit Technologies Inc. or its affiliates cancel it. You may cancel your Subscription renewal either through your App Store account settings or by contacting Apple Support directly if the subscription was purchased via in-app purchase.

 

A valid payment method is required to process payments for your Subscription. By submitting payment information, you authorize MooveFit Technologies Inc. and its affiliates to charge all fees incurred through your account to any provided payment method.

 

Should automatic billing fail for any reason, your subscription will be canceled until payment is successfully processed.

 

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2. Free Trials

 

MooveFit Technologies Inc. and its affiliates may offer a Subscription with a free trial for a limited time ("Free Trial"). You may be required to enter billing information when signing up for a Free Trial. If billing information is provided, you will not be charged until the Free Trial period expires. On the last day of the Free Trial, you will be charged for the selected Subscription unless you cancel before the trial ends.

 

MooveFit Technologies Inc. and its affiliates reserve the right to modify or cancel Free Trial offers at any time without notice.

 

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3. Fee Changes

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MooveFit Technologies Inc. and its affiliates reserve the right to change Subscription fees at their sole discretion. Any fee changes will take effect at the end of the current Billing Cycle. You will be provided with reasonable prior notice of any fee changes, allowing you time to cancel your Subscription before the changes apply. Continuing to use the Service after fee changes become effective constitutes your acceptance of the new fees.

 

If you subscribed via the App Store, notifications regarding fee changes may be managed through the App Store and could include the automatic deactivation of auto-renewal until you agree to the updated fees.

 

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4. Refunds

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Refund requests for Subscriptions may be considered on a case-by-case basis by the App Store and are at their sole discretion. MooveFit Technologies Inc. and its affiliates do not directly manage refund requests for in-app purchases made through the App Store.

 

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5. Content

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Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for any Content you post, including its legality, reliability, and appropriateness.

 

By posting Content on the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain your rights to any Content you submit but agree to grant us the above rights.

 

You represent that: (i) you own or have the rights to use the Content, and (ii) posting your Content does not violate the rights of any third party.

 

MooveFit Technologies Inc. and its affiliates reserve the right to remove any Content deemed abusive, defamatory, offensive, or otherwise inappropriate at their sole discretion.

 

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6. Accounts

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When creating an account, you must provide accurate, complete, and current information at all times. Failure to do so may result in termination of your account.

 

You are responsible for safeguarding your password and agree not to disclose it to any third party. You must notify us immediately if you become aware of any unauthorized use of your account.

 

You may not use a username that is offensive, vulgar, or violates someone else’s rights.

 

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7. Intellectual Property

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The Service and its original content, features, and functionality are and will remain the exclusive property of MooveFit Technologies Inc. and its affiliates. The Service is protected by copyright, trademark, and other laws of Canada and foreign countries. You may not use our trademarks without our prior written consent.

 

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8. Links to Other Websites

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The Service may contain links to third-party websites or services that are not owned or controlled by MooveFit Technologies Inc. or its affiliates. We assume no responsibility for the content, privacy policies, or practices of any third-party sites. You agree that MooveFit Technologies Inc. and its affiliates are not liable for any damage or loss caused by or in connection with any such content or services.

 

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9. Termination

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We may terminate or suspend access to our Service immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

 

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10. Indemnification

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You agree to indemnify and hold harmless MooveFit Technologies Inc., its affiliates, subsidiaries, directors, officers, employees, agents, partners, licensors, and suppliers from any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:

  • Your access to or use of the Service;

  • Your violation of these Terms;

  • Your violation of any third-party rights, including without limitation any intellectual property rights;

  • Any content you post or submit to the Service.

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11. Disclaimer of Warranties

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You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. MooveFit Technologies Inc., its affiliates, subsidiaries, licensors, and service providers expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

MooveFit Technologies Inc. and its affiliates make no warranty that:

  • The Service will meet your requirements;

  • The Service will be uninterrupted, timely, secure, or error-free;

  • The results obtained from the use of the Service will be accurate or reliable;

  • Any errors in the Service will be corrected.

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You understand and agree that any content downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you are solely responsible for any damage to your device or loss of data that results from such download or use of the Service.

 

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12. Limitation of Liability

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To the fullest extent permitted by applicable law, in no event shall MooveFit Technologies Inc., its affiliates, subsidiaries, directors, officers, employees, agents, partners, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service;

  • Any conduct or content of any third party on the Service;

  • Any content obtained from the Service;

  • Unauthorized access, use, or alteration of your transmissions or content;

  • Any other matter relating to the Service.

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In no event shall MooveFit Technologies Inc. or its affiliates' aggregate liability for all claims relating to the Service exceed the amount paid by you, if any, to MooveFit Technologies Inc. for the Service during the twelve (12) months prior to the event giving rise to liability.

 

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13. Dispute Resolution

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All disputes arising out of or in connection with these Terms shall be resolved exclusively by the courts of the Province of Alberta, Canada. You agree that you will first attempt to resolve any dispute informally by contacting MooveFit Technologies Inc. at support@moovefit.com before initiating any legal action.

 

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14. Governing Law

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These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any disputes arising under these Terms will be resolved in the courts located in Alberta, and you hereby submit to the exclusive jurisdiction of those courts.

 

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15. Changes to These Terms

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We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. Changes will become effective 30 days after being posted. Your continued use of the Service after any revisions constitutes your acceptance of the updated Terms.

 

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16. Severability

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If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

 

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17. No Waiver

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If MooveFit Technologies Inc. or its affiliates fail to enforce any right or provision of these Terms, it will not be considered a waiver of those rights.

 

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18. No Third-Party Beneficiaries

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These Terms do not create any third-party beneficiary rights.

 

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19. Contact Us

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If you have any questions about these Terms, please contact us at support@moovefit.com.

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