Michelle | Privacy Policy

Privacy Policy

PRIVACY POLICY

1. Overview

Michelle Moore is the sole proprietor and absolute owner of the application https://

michellefitness.fitbudd.com which enables personal trainers, wellness coaches and

nutritionists to provide training and coaching to their clients using the Platform. The

Trainer at sole discretion has the right to develop, make improvements and update the

Platform. The App is developed and maintained by FitBudd Inc. including any of its

subsidiaries (“FitBudd”)

The Trainer attaches high importance to the privacy and protection of our User’s

personal data and other information. Our practices and procedures in relation to the

collection and use of personal data have been set-out below for your reference. We

have implemented reasonable security practices and procedures that are

commensurate with the information assets being protected and with the nature of our

business. While we try our best to provide security that is better than the industry

standards, because of the inherent vulnerabilities of the internet, we cannot ensure or

warrant complete security of all information that is being transmitted to us by you. Our

Platform or any of its Services. This Privacy Policy is subject to change at any time

without notice. To make sure you are aware of any changes, please review this policy

periodically. By using this Platform, you agree to be bound by the terms and conditions

of this Privacy Policy. We may use various third-party services to provide our Services.

These third parties may have access to your information to the extent it is reasonably

necessary. Such third parties shall have commensurate and reasonable security

practices and procedures.

This Privacy is applicable to all Users which includes clients of the trainers, wellness

coaches and nutritionists who registered on the Platform.

2. Information Collection

In the event that you choose to register as a user of the Platform, you will be asked to

create a unique username and private password (collectively, the “Access ID”) which

will be used to create and activate an account through which the Trainer can make the

Platform available to you (the “Account”). You expressly acknowledge and agree that

certain information such as your name, age, gender, physical health condition and email

address and certain additional information (“Personal Information”) may be required

by the User to make the Services available to you, or may be disclosed by you on or

through the Services. In order to avail our Services, the User may be requested to

upload his/her photos on the Platform to assess the fitness progress. FitBudd will store

all the Personal Information in the manner as required under the Law and the Trainer

will try its best endeavours to protect the disclosure of the photos uploaded on the

Platform, however, shall not be liable for any disclosure to third-party (other thanFitBudd) by the trainers, wellness coaches and nutritionists registered as a service

providers with us.

In addition to above, the trainers, wellness coaches and nutritionists will upload certain

videos and images for providing better services to the Users. However, the Trainer shall

not be liable for the source, nature and content of such videos and images. The Trainer

shall not be held responsible for any copyright infringement, plagiarism claims from

third-party.

We collect User’s financial account numbers (including bank account numbers, payment

card numbers i.e. credit card or debit card numbers, payment instrument details or other

information if that information would permit access to an User’s financial account)

(“Financial Information”) through our Platform and other personally identifying

information only for the purposes as mentioned in the Terms of Use. However, some of

our Services may require the collection of some personally identifying information, such

as your name, address, contact number, etc. You may contact our representative

mmooreblessed@gmail.com in order to amend or rectify any Personal Information or

Financial Information. You may also intimate us if you do not wish that we retain or use

your Personal Information or Financial Information. However, in such a case, we may

not be able to provide you some of our Services and/or access to our Platform. We may

use your contact information such as email address, without further notice, to send you

information about our Services, respond to your requests, or facilitate your use of the

Services.

We collect information about the pages you access, information about your device (such

as device or browser type), information you send us (such as an email address used to

and mobile applications, we receive information from you to interact with us. This is for

delivering our Services better and for tracking, customizing and improving them.

Any information provided by you which helps us to identify your location (like postal

code, street address, city or state where you reside) will be used by us to provide

localized features, relevant advertising or marketing and otherwise to improve the

Services provided to you.

Any account created with us by a User shall make the User responsible to provide

information including but not limited to name, phone number, email address and/ or

financial information like credit card information etc. Any information provided by you

might be verified by us through our representative.

3. Purpose of Information Collection

We will collect, record, store, handle and use your Personal Information and Financial

Information only for the purpose of enabling you to access our Platform, unless you opt-

out of non-essential communication, to advise you of other Services. We use your

personal information to keep you informed about the progress of your clients, updated

diet charts, progress tracking of your clients’ fitness, help to promote a safe service;calibrate consumer interest in our Services, troubleshoot problems; customize User

experience; detect and protect us against error, fraud and other criminal activity, enforce

our terms and conditions; and as otherwise described to you at the time of collection of

the Personal Information and Financial Information. The photos uploaded on the

Platform will solely be to assess and track the fitness progress of the User.

4. Privacy, Security Policy and Related Aspects

We do not sell or rent your Personal Information to third parties for their marketing

purposes without your explicit consent and we only use your information as described in

the Terms of Use. Your personal information is protected by reasonable technological

security devices. We may, however, disclose and/ or transfer your information to our

affiliates, agents, service providers, etc. for business purposes and to provide you a

better experience. Notwithstanding anything to the contrary contained anywhere in the

responsible in any manner whatsoever if information provided by the User gets exposed

and/or misused by any third party who accessed such information without any

authorization from the Trainer. We use standard data encryption using secure socket

layer technology (“SSL”) to protect any transmission of sensitive information.

The Platform is protected by copyright as a collective work and/or compilation (meaning

the collection, arrangement, and assembly) of all the content on this Platform, pursuant

to applicable law

The Trainer’s logos, product and service marks and/ or names, trademarks, patents,

copyrights and other intellectual property, whether registered or not (“IP”) are exclusively

owned by the Trainer. Without the prior written permission of the Trainer, the User

agrees to not display and/or use the IP in any manner whatsoever. Nothing contained in

this Platform or the Content, should be construed as granting, in any way, any license or

right or interest whatsoever, in and/ or to the IP, without the express written permission

of the Trainer.

References on this Platform to any names, marks, products or services of third parties

or hypertext links to third party websites or information are provided solely for your

convenience and do not in any way constitute or imply our endorsement, sponsorship or

recommendation of the third party, information, product or service.

5. Acceptable Use

You are prohibited from violating or attempting to violate the security of the Platform,

including, without limitation:

(i) attempting to probe, scan or test the vulnerability of a system or network or to breach

security or authentication measures without proper authorization;

(ii) attempting to interfere with Service to any other User, host or network, including,

without limitation, through means of virus, overloading, 'flooding,' 'spamming', 'mail

bombing' or 'crashing'; or(iii) sending unsolicited emails, including for promotions and/or advertising of products

or services.

Violations of system or network security may result in civil and / or criminal liability. We

will investigate occurrences that may involve such violations and may involve, and

cooperate with, law enforcement authorities in prosecuting Users who are involved in

such violations. You agree not to use any device, software or routine to interfere or

attempt to interfere with the proper working of this Platform or any activity being

conducted on this Platform.

6. Email

In order to provide you with timely notice regarding our Services or other information,

we may send you emails and/ or newsletters. At any time, you may discontinue this

Service by using the link provided in the mailers itself or sending an email to

mmooreblessed@gmail.com requesting that your email address be removed from our

lists.

7. Exceptions

While we will not voluntarily disclose your personal data apart from the manner set out

in the Terms of Use, we may disclose such information if we are required to do so by a

court order or under applicable law, if we are requested to do so by government or law

enforcement authorities, or if we are required to do so pursuant to other legal

processes, or if it becomes necessary to protect the rights or property of the Trainer.

The Trainer nor FitBudd for any physical injury occurred due to the use of Services

through this App. We and FitBudd are not liable for any claims, damages or liabilities

arising due any injury physical or otherwise while using our Services through this App.

8. Contact

If you have any query or grievance in relation to the use and/or protection of your

personal data and/or otherwise in relation to the Platform, please contact us at

mmooreblessed@gmail.com

9. Health Insurance Portability and Accountability Act (“HIPAA”)

Please note that neither the Trainer nor the Services are regulated by the United States

federal privacy, security, or breach notification rules of the Health Insurance Portability

and Accountability Act (“HIPAA”). Consequently, when using the Services you will not

receive the protections of HIPAA in connection with your Personal Information.

10. Miscellaneous

This Privacy Policy and the Disclaimer provided separately form an integral part of the

Your Personal Information and Financial Information may be stored and processed in

any country where we have facilities or in which we engage third party service

providers. By using the Services, you consent to the transfer of information to countries

outside your country of residence, which may have different data protection rules than in

your country. While such information is outside of India, it is subject to the laws of thecountry in which it is held, and may be subject to disclosure to the governments, courts

or law enforcement or regulatory agencies of such other country, pursuant to the laws of

such country. However, our practices regarding your Personal Information will at all

times continue to be governed by this Privacy Policy and, if applicable, we will comply

with the General Data Protection Regulation ("GDPR") and California Consumer Privacy

Act (“CCPA”) requirements providing adequate protection for the transfer of Personal

Information from the EU/EEA to third country.

Capitalized terms used herein and not defined shall have the meaning assigned to them

in the Terms of Use.

TRAINER- TERMS OF USE

1. Introduction and Terms and Conditions of use

1 .1. The mobile application https://michellefitness.fitbudd.com (“App”) is owned by

Michelle Moore (“Trainer” or “Trainers”, “we” or “our” or “us”), a certified fitness

Trainer from the Michelle Moore Fitness Nutrition and Wellness, LLC and having its

principal place of business at (variable).

1.2. App is a product that allows personal trainers, wellness coaches and nutritionists

(collectively, the “Trainer”) to provide training and coaching and interact with their

clients (the “Clients”). App assists the Trainers in administering their business activities,

i.e., to manage Clients, create workout plans, meal plans, recipes, and exercises, track

the progress of the Clients, and upload and store documents, videos, and other files

supporting Trainers’ business activities. App also allows the Clients to interact with the

Trainers through the App and track their progress in the field of fitness, diet, and healthy

lifestyle.

1.3. Any person using our App (“User” or “you”) shall be presumed to have read the

the App) and has unconditionally accepted the terms and conditions of use and these

constitute a binding and enforceable agreement between the User and the Trainer.

1.4. The User of the App are governed by the following terms and conditions ("Terms

of Use") including the applicable policies which are incorporated herein by way of

reference. By mere use of App, the User shall be under a binding obligation to comply

with these terms and conditions including the policies mentioned hereinafter.

1.5. For the purpose of these Terms of Use, wherever the context so requires "User”

shall mean any natural or legal person who has agreed to these Terms of Use on behalf

of herself / himself or any other legal entity.

1.6. For purposes of these Terms of Use, the term “Content” includes, without

limitation, information, data, text, logos, photographs, videos, audio clips, animations,written posts, articles, comments, software, scripts, graphics, themes and interactive

features generated, provided or otherwise made accessible on or through the use of

App, including the User Content (as defined hereinafter).

1.7. The Terms of Use may be revised or altered by the Trainer at its sole discretion at

any time without any prior intimation to the Users. The latest Terms of Use will be

posted here. By continuing to use or access App after changes are made, you agree to

be bound by the revised/ altered Terms of Use.

2. Eligibility

2.1. Any person who is above 18 (eighteen) years of age and competent to contract

under applicable laws is eligible to use / download the App. Your use and download of

the App shall be treated as your representation that you are competent to contract.

2.2. The User represents and warrants that the User will be responsible, for all of the

User's use of App (as well as use of User's account by others) and that the Trainer shall

not be attributed with any liability for the content posted by you. Further, the Trainer

shall not be responsible for any damage or injury caused (physical or otherwise). The

shall automatically stand revoked in such cases.

3. Account and Registration

3.1. In order to use the App, you must first register and create an account with us

(“User Account”). As a first step, you are required to download the App and create an

account. Before creating your User Account, you will be requested to read and accept

these Terms, the Disclaimer, and review the Privacy Policy. The personal data related to

your User Account will be processed in accordance with our Privacy Policy. Your User

Account is not transferable, and you are solely responsible for any activities occurring

through your User Account.

3.2. Any information provided to us during the registration process or otherwise, will be

protected in accordance with our Privacy Policy separately provided on the App.

3.3. If you use App, you are responsible for maintaining the confidentiality of your

password and other details in relation to your User Account and any activity that occurs

in or through the User Account. By using App, you agree to immediately notify us about

allegedly unauthorized use of your User Account or any other security breach related to

your User Account. We will not be liable to any person for any loss or damage which

may arise because of any failure by you to protect your password or User Account.

3.4. Any Client registering and creating a User Account hereby represents that they are

duly authorized to do so. Further, the acceptance of these Terms of Use, they bind any

business entity associated with them to these Terms of Use. At any time, you may

delete your Account through the functionality of your User Account. Upon deactivation of

the User Account, these Terms shall terminate.

3.5. If anyone other than yourself accesses your User Account, they may perform any

actions available to you, make changes to your User Account, and accept any legalterms available therein, make various representations and warranties etc. Any such

action/ activity will be deemed to have occurred on your behalf and in your name. The

App has firewalls in place to protect the User Content but it does not guarantee any

unauthorized access by any third party of your User Content. If you know or suspect

that someone else knows your password or suspect any unauthorized use of your

password you should notify us by contacting our Grievance Officer. If we have reason to

believe that there is likely to be a breach of security or misuse of App, we may require

you to change your password or we may suspend your account without any liability

whatsoever. Further, we reserve the right to suspend or terminate your User Account if,

at our sole discretion, we have grounds to believe that your use of App seriously and

repeatedly breaches the Terms of Use. We may also suspend or terminate your User

Account upon a lawful request of a public authority.

3.6. You also agree and confirm that you will:

1. provide accurate, current and complete information whenever prompted by the

App or when required by the App’s registration form (“Registration Data”).

2. maintain and promptly update the Registration Data to keep it accurate, current

and complete at all times. If you provide any information that is untrue,

inaccurate, incomplete, or not current or if we have reasonable grounds to

suspect that such information is not in accordance with the Terms of Use

(whether wholly or in part thereof), we reserve the right to reject your registration

and/or indefinitely suspend or terminate your membership and refuse to use the

App.

3. indemnify and keep us indemnified from and against all claims resulting from the

use of any detail/information/ Registration Data that you post and/or supply to us.

We shall be entitled to remove any such detail/information/Registration Data

posted by you without any prior information.

4. Fees and Payment Terms

4.1. Your use of App is subject to the applicable service fees (the “Fees”). The Fees

and payment terms related thereto are communicated by us to you personally, upon

your request, by email or phone. The Fees shall be charged in United State dollars

(USD) currency. The Fees are charged automatically on a monthly basis, until you stop

your subscription. By purchasing a subscription to use App, you agree to pay the Fees

upon these Terms. The Fees are subject to a change without a prior notice. Any

changes to the Fees will be made available to you and, if necessary, we will request you

to provide your consent to the changes of the Fees.

4.2. All Fees are exclusive of all taxes, levies, or duties imposed by taxing

authorities. Unless otherwise stated in the schedule of the Fees, you are

responsible for paying all applicable taxes.4.3. You shall be entitled to use a valid credit/debit and/or any other payment cards

(“Virtual Payment Modes”) which shall be processed by our third-party payment

processor (“Payment Processor”) for payments including the Fees and the payments

made by the Clients. The Payment Processor is solely responsible for handling your

payments. You agree not to hold us liable for payments that do not reach us because

you have quoted incorrect payment information or the Payment Processor refused the

payment for any other reason. The Payment Processor may collect from you some

personal data, which will allow them to make the payments requested by you (e.g., your

name, and credit card details). The Payment Processor handles all the steps in the

payment process on its website, including data collection and data processing. We do

not store your credit card details in our systems.

4.4. You agree and accept that all nuances and modalities relating to Virtual Payment

Modes shall be separately governed by the Payment Processor. We would not be

responsible, in any manner whatsoever, for any liability that may arise in relation to any

aspect of/ relating to the Virtual Payment Modes (including any fraudulent transaction).

The payments made on the App are non-refundable.

4.5. We will not be liable for the loss of any nature whatsoever caused to you arising,

directly or indirectly, out of decline of authorization for any transaction, resulting from

you exceeding your pre-set permissible payment limit under Virtual Payment modes, as

applicable.

5. Availability

5.1. We will take all reasonable efforts to ensure that our services on App are

operational and uninterrupted. In case of certain technical difficulties, routine site

maintenance/upgrades and any other event outside our control may, from time to time,

result in temporary service interruptions. We also reserve the right at any time and from

any time to modify, suspend or discontinue, temporarily or permanently, the App or any

part thereof with or without notice. You agree that we shall not be liable to you or any

third party for any of the direct or indirect consequences of any modification,

suspension, discontinuance of or interruption to the use / access to App.

6. User Content

6.1. We may allow you to create, post, share, upload and submit the Content on or

through the App (“User Content”). You will be entitled to own the rights in such User

Content. The User shall be solely responsible for the User Content and assume all risks

associated with it, without any limitation.

6.2. By submitting or uploading or posting User Content, you grant us a non-exclusive,

worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to copy and store

User Content as a back-up in our systems. We shall not distribute, publish or process

the User Content to any third-party unless required under the law. You will ensure that

your Content does not violate the Terms of use and other applicable laws including all

intellectual property rights associated therewith.6.3. You are responsible for your use of the Services, for any User Content you provide,

and for any consequences thereof, including the use of your User Content by other

users and our third-party partners. We will not be responsible or liable for any use of

your User Content by us in accordance with these Terms. We do not guarantee any

confidentiality with respect to any User Content that you may submit. By submitting or

posting the User Content, you represent and warrant that you have full and unrestricted

rights, power and authority necessary to grant the rights, granted in relation to any User

Content that you submit. You also represent and warrant that the posting of your User

Content or usage of such User Content in accordance with the terms hereof does not

violate any right of any party, including copyrights, privacy rights, publicity rights,

trademarks, contract rights, or any other intellectual property rights.

6.4. The Trainer in order to ensure the security of the App, may (but have no obligation

to)monitor or review Your Content. We reserve the right, at our sole discretion, to refuse

to upload, modify, delete, or remove Your Content, in whole or in part, that violates the

solely responsible for Your Content. You may delete your User Content or User Account

at any time.

6.5. You are not permitted to disclose publicly, the personal data of persons without

their prior authorization or consent to share that personal data (e.g., you cannot publish

name, photos, videos, and contact details of a person who has not allowed you to do

so) through Your Content.

7. Other Representations, Warranties and Covenants

7.1. You understand and undertake that you shall be solely responsible for the

Registration Data and the User Content and undertake neither by yourself nor by

permitting any third party to host, display, upload, modify, publish, transmit, update or

share any information that:

● belongs to another person and to which you do not have any right to;

● is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,

pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially,

ethnically objectionable, disparaging, relating or encouraging money laundering

or gambling, or otherwise unlawful in any manner whatever;

● harms minors in any way;

● infringes any patent, trademark, copyright or other proprietary rights of any

person anywhere in the world;

● violates any law for the time being in force;

● deceives or misleads the addressee about the origin of such messages or

communicates any information which is grossly offensive or menacing in nature;

● impersonates another person;

● contains software viruses or any other computer code, files or programs designed

to interrupt, destroy or limit the functionality of any computer resource;● threatens the unity, integrity, defense, security or sovereignty of India, friendly

relations with foreign states, or public order or causes incitement to the

commission of any cognizable offense or prevents investigation of any offense or

is insulting to any other nation;

● creates liability for the Trainer or cause the Trainer to lose (in whole or in part) the

services of the Trainer or other suppliers and/ or Users;

● is in the nature of political campaigning, unsolicited or unauthorized advertising,

promotional and/ or commercial solicitation, chain letters, pyramid schemes,

mass mailings and/or any form of 'spam' or solicitation; or

● is illegal in any other way.

7.2. You agree and understand that the Trainer reserves the right to remove and/or edit

such detail / information. If you think that some of the content available on App is

inappropriate, infringes the Terms of Use, applicable laws, or your right to privacy,

please contact us immediately mmooreblessed@gmail.com and report the content

that is, in your opinion, inappropriate. If any content is reported as inappropriate, we will

immediately delete such content from App.

7.3. You shall not, directly or indirectly attempt to gain unauthorized access App, other

Users’ account(s), computer systems and/or networks connected to the App through

hacking, phishing, password mining and/or any other means (whether now known or

hereafter developed or invented) or obtain any material or information through any

means not intentionally made available to User.

8. Force Majeure

8.1. We will not be liable for any failure and/or delay on our part in performing any

obligation under the Terms of Use and/or for any loss, damage, costs, charges and

expenses incurred and/or suffered by you if such failure and/or delay is result of or

arising out of a Force Majeure Event, as defined hereunder.

8.2. For the purposes of these Terms of Use, “Force Majeure Event” means any event

due to any cause beyond the reasonable control of the Trainer, including, without

limitation, unavailability of any communication system, sabotage, fire, flood, earthquake,

explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any

kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be

declared or not, acts of government including change in law, governmental orders or

restrictions, breakdown and/or hacking of the App, such that it is impossible to perform

the obligations under the Terms of Use, or any other cause or circumstances beyond

the control of the Trainer hereto which prevents timely fulfillment of obligation of the

Trainer hereunder. It is hereby clarified that the failure to make a payment of money by

the User will not be considered to be a Force Majeure Event.

9. User’s liability9.1. The User represents and warrants that all the information provided by the User are

true, correct and complete and if found to be untrue, incorrect or incomplete, the Trainer

has the right to take any action it deems fit in relation to the particular circumstances

without any limitations.

9.2. The User represents and warrants that the User is fully aware of all the applicable

laws particularly governing the use of App and that the User is not violating or

attempting to violate any applicable laws.

9.3. The User acknowledges and agrees that the Trainer is not liable for any damages

caused including bodily injury caused due to use of Services through this App.

10. Restriction on use of Content

10.1. The information and Content provided App is an exclusive property of the Trainer

and is protected by applicable intellectual property laws. No person shall use, copy,

transmit, reproduce, publish, modify, distribute the same or any part of the App without

the express permission of the Trainer. The User agrees to use this App in accordance

with the Terms of Use.

10.2. Further, the User shall not: (i) interfere or attempt to interfere with the proper

working of the services or any activities conducted on the App; (ii) take or attempt to

take any action that might damage, disable or overburden our infrastructure; (iii) bypass,

circumvent or attempt to bypass or circumvent any measures that the Trainer uses to

prevent or restrict access to the services and/ or the Content; (iv) run any form of auto-

responder or "spam" on the services and/ or the Content; (v) use manual or automated

software, devices, or other processes to "crawl" or "spider" any part of the App and/ or

the Content, unless the same is done in accordance with the provisions of our robots.txt

file; (vi) harvest or scrape any Content from App; (vii) copy, reproduce, decompile,

reverse engineer, disassemble, decrypt, or attempt to derive the source code of or

underlying ideas or algorithms of any part of the App and/ or Content; (viii) modify,

translate, or otherwise create derivative works of any part of the App, (ix) retransmit,

distribute, disseminate, sell, perform, make available to third parties, or exploit for any

purposes (including, without limitation, personal, non-commercial use) without express

prior written consent from us ; or (x) otherwise take any action in violation of our Terms

of Use.

10.3. The Trainer has the right to access, read, preserve, and disclose any information

as it reasonably believes is necessary: (i) under any applicable laws or governmental

request, (ii) enforce the Terms of Use, including investigation of potential violations

hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv)

respond to User support requests, or (v) protect its rights, property or safety along with

that of its Users and the public.

11. Limitation of Liability

11.1. Unless otherwise excluded or limited by the applicable law, we will not be liable

for any damages including, but not limited to, incidental, punitive, special or otherrelated damages, arising out or in connection with your use of App or any content made

available through App. You agree not to hold us and any of our Trainers / staff members

liable in respect of any losses arising out of any event or events beyond our reasonable

control.

11.2. We will not be liable to you for any indirect or consequential losses, which may be

incurred by you, such as:

1. Any health issues experienced by you as a result of your use of App, including

following any instructions, videos, plans, or other materials provided by the

Trainers;

2. Direct and indirect loss of profits;

3. Loss of goodwill or business reputation;

4. Loss of opportunities; and

5. Loss of data suffered by you.

12. Indemnification

12.1. You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners,

officers, directors, agents, contractors, licensors, service providers, subcontractors,

suppliers, interns and employees, and FitBudd harmless from any claim or demand,

including attorneys’ fees, made by any third party due to or arising out of your breach of

this Terms of Use, your use of App, or your violation of any law or the rights of a third

party.

13. Geographical Extent

13.1. The App can be accessed in and from all jurisdictions across the world. We make

no representation that materials or Content available through our App are appropriate or

available for all these jurisdictions.

13.2. If You use the App from a country or location apart from the United State of

America, you are solely responsible for compliance with necessary laws and regulations

for use of the App, in your jurisdiction.

14. Intellectual Property Rights

14.1. The Content available through the App may be viewed and used only for your

personal, non-commercial use. Except as expressly provided herein, you are not

granted any rights or license to patents, copyrights, trade secrets or trademarks with

respect to the App, and we reserve all rights not expressly granted hereunder. We do

not permit copyright infringing activities and infringement of intellectual property rights

on or through the App. We request that you promptly notify us in writing upon your

discovery of any unauthorized use or infringement of the App. You agree not to make

use of the Content in a manner that would infringe the copyright and trademark therein.

14.2. You also acknowledge and agree that any feedback, comment or suggestion you

may provide is entirely voluntary and we will be free to use such feedback, comments or

suggestions as we see fit and without any obligation or compensation to you.15. Jurisdiction and Applicable Law

15.1. Terms of Use shall be governed by and interpreted and construed in accordance

with the laws of USA (“applicable laws” or “laws”). The courts at [·] shall have exclusive

jurisdiction in relation to any proceedings arising out of or in connection with these

16. Complaints and Grievance Redressal

16.1. Any complaints or concerns with regards to content of this App or comment or

breach of these Terms of Use or any intellectual property of any user shall be

immediately informed to the designated Grievance Officer as mentioned below via email

signed with the electronic signature.

Name:

Email:

17. Miscellaneous

1. No waiver: Even if the Trainer does not exercise a particular right or enforce a

particular clause under these Terms of Use, it will not amount to a waiver of the

Trainer’s rights under these Terms of Use.

2. Severability: If any provision of these Terms of Use is found invalid by a court of

competent jurisdiction, you agree that the court should try to give effect to the

intentions as reflected in the such provision and that the other provisions of the

such impugned provision. Thus, illegality or unenforceability of one or more

the App.

3. Term and termination: The Terms of Use enter into force on the date indicated at

the top of the Terms of Use and remain in force until updated or terminated by us

or until you stop using App.

4. Amendments: We reserve the right to modify these Terms of Use at any time,

effective upon posting of an updated version on App. Such amendments may be

necessary due to the changes in the requirements of laws, regulations, new

features of App, or our business practices. We will send you a notification (if we

have your email address) about any material amendments to the Terms of Use

that may be of importance to you. You are responsible for regularly reviewing

these Terms of Use. Your continued use of App after any changes shall constitute

your consent to such changes. We also reserve the right to modify the services

provided through App at any time, at our sole discretion.

5. Breach of Terms: If we believe, at our sole discretion, that you violate these

● Send the User a formal warning;

● Temporary suspend your User Account;

● Delete your User Account;● Temporarily or permanently prohibit your use of App;

● Report you to the relevant public authorities; or

● Commence a legal action against you.

6. Assignment: You are not allowed to assign your rights under these Terms of Use.

We are entitled to transfer our rights and obligations under these Terms of Use entirely

or partially to a third party without giving prior notice to you. If you do not agree to the

transfer, you can terminate these Terms of Use with immediate effect by deleting the

User Account, canceling the Fees, and stopping to use App.

7. It is clarified that the Disclaimer and the Privacy Policy provided separately form an

integral part of these Terms of Use of the App and should be read in conjunction.

DISCLAIMER

No Warranties

In addition to the disclaimers provided in the Terms of Use, it is further provided that this

App and all Content are provided on an “as is” and “as available” basis without any

representations or warranties, express or implied. Michelle Moore (the “Trainer” or

“we” or “our” or “us”) make(s) no representations or warranties in relation to this App or

the information and materials provided on this App. Without prejudice to the generality

of the foregoing, we do not warrant that:

● this App and/ or the Content will be constantly available, or available at all; or

● the information on this App and/ or the Content are complete, true, accurate or

not misleading.

Nothing on this App constitutes, or is meant to constitute, advice of any kind. While we

strive to ensure that the information contained in this App is accurate and reliable, we

make no warranties or representations as to the accuracy, correctness, reliability or

otherwise with respect to such information, and we assume no liability or responsibility

for any omission or error in the content of this App. The information and materials

contained on this App are subject to change without notice, are provided for general

information only and should not be used as a basis for making business or financial

decisions.

Despite best efforts of the Trainer to provide accurate information on the App, it is not

possible to ensure that all the information provided here is up to date. The App hosts

information and Content provided by third parties and we are in no manner responsible

for the accuracy, legitimacy and truthfulness of the information so hosted. You agree to

not hold us liable for the incorrectness of any such provided information. Any advice or

information received through this App should not be relied upon without consulting

primary, accurate and up-to-date sources of information or specific professional advice.

The Contents available on this App are protected by copyright law. You may nototherwise change, reproduce, modify, distribute, publicly display the materials available

on this App in any way, unless authorized by us or the respective copyright owner(s).

Limitations of Liability

We will not be liable to you (whether under the law of contact, the law of torts or

otherwise) in relation to the Contents of, or use of, or otherwise in connection with, this

App:

● to the extent that the App and/ or the Contents are provided free-of-charge, for

any direct loss;

● for any indirect, special or consequential loss;

● for any business losses, loss of revenue, income, profits or anticipated savings,

loss of contracts or business relationships, loss of reputation or goodwill, or loss

or corruption of information or data;

● any errors in or omissions from this App and the Content, including but not limited

to technical inaccuracies and typographical errors;

● any third party websites or content therein directly or indirectly accessed through

links in this App, including but not limited to any errors in or omissions therefrom;

● your use of this App and/ or the Services; or

● your use of any equipment or software in connection with the App.

These limitations of liability apply even if we have been expressly advised of the

potential loss. You further acknowledge that FitBudd will not be liable to you.

Further Disclaimers

The Contents in the App may be offensive, harmful, objectionable, indecent, unlawful,

inaccurate or inappropriate to some people. The Content does not reflect our opinions

or policies and we do not endorse any Content on the App. We may, but are not

required to, monitor Content, restrict or remove Content, and suspend or delete a User

Account that we determine at our sole discretion is inappropriate or for any other

reason. Under no circumstances do we assume any responsibility or liability whatsoever

for any Content, including but not limited to any errors or omissions in any Content or

any loss or damage of any kind incurred as a result of the use of any Content made

available through the Services, and you agree to waive any legal or equitable rights or

remedies you may have against us with respect to such Content. Any use or reliance on

any Content by you through the Services is at your own risk and liability.

It is clarified that this Disclaimer and the Privacy Policy provided separately form an

integral part of the Terms of Use of the App and should be read in conjunction. Illegality

or unenforceability of one or more Terms of Use shall not affect the legality and

enforceability of the other terms of the App.

Capitalized terms used herein and not defined shall have the meaning assigned to them

in the Terms of Use.