Terms and Conditions for NgineFitness

Effective Date: June 3rd 2024

1. Acceptance of Terms

Welcome to NgineFitness! These Terms of Service ("Terms") govern your use of the NgineFitness website, mobile application ("App"), and services ("Services") provided by NgineFitness S.E.N.C. ("Company", "we", "us", "our"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Services.

2. User Account

Registration: You must register an account to access certain features of our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Responsibility: You are responsible for maintaining the confidentiality of your account details and for all activities under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Third-Party Login: You may also register to join by logging into your account with certain third-party social networking services (e.g., Facebook, Google).

3. User Content

Ownership: You retain all rights in, and are solely responsible for, the content you post to the Services.

Accuracy: You represent and warrant that any content you provide and your use thereof comply with all applicable laws, rules, and regulations.

4. Intellectual Property

Ownership and Rights

By using the NgineFitness Services, you acknowledge and agree that all content available through our Services, including but not limited to text, graphics, logos, software, and other material (excluding Content provided by users), is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. These materials are the sole property of NgineFitness S.E.N.C.

Usage Restrictions

You are permitted to use the content delivered through the Services solely for your personal, non-commercial use. Usage rights are subject to the following restrictions:

You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information without prior written consent from NgineFitness or the respective rights holder.

You may not use any trademarks, service marks, logos, or any other content accessible through the NgineFitness Services for any purpose without the express written consent of NgineFitness S.E.N.C.

Any unauthorized use of the content or intellectual property without explicit permission may violate copyright and trademark laws and could lead to legal action.

5. Prohibited Conduct

You agree not to engage in any of the following activities:

Copyright Infringement: Uploading, posting, or otherwise transmitting content that infringes on another party's intellectual property.
Abuse or Harm: Using the Services to harm, threaten, or harass another person, organization, or NgineFitness.
Fraud: Using the Services for fraudulent or unlawful purposes or soliciting others to perform or participate in unlawful acts.
Misrepresentation: Impersonating another person or entity, or falsifying your affiliation with a person or entity.

6. Termination

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. NgineFitness expressly disclaims 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.

8. Limitation of Liability

NgineFitness shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to, or use of, or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; or (d) unauthorized access, use, or alteration of your transmissions or content.

Because the Application is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.

9. Third-Party Content and Services

General: We may display content, advertisements, and promotions from third parties through our Services or may provide information about or links to third-party products or services. Your dealings or correspondence with such third parties and any terms, conditions, warranties, or representations associated with such activities are solely between you and the third party. 

NgineFitness does not endorse, and is not responsible for, the legality, accuracy, quality, or reliability of third-party content, services, or products.

Third-Party Coaches: Coaches and fitness professionals providing services through the NgineFitness platform are independent third parties and not agents or employees of NgineFitness. We are not liable for any advice given, or any personal injury or other damages that may arise from such services.

10. Links to Other Websites

Our Services may contain links to third-party websites or resources. These links are provided only as a convenience to you and are not an endorsement by us of the content on such websites or of their owners. As we have no control over third-party websites, we are not responsible for the content, practices, or information they provide.

11. Governing Law

These Terms shall be governed by the laws of Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.

13. Contact Us

For any questions about these Terms, please contact us at info@nginefitness.com.