Terms of Services
LAST UPDATED MAY 05, 2020
For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including You) provide to be made available through the Services. Content includes without limitation User Content.
This Agreement (as amended from time to time) constitutes the entire agreement between the you and YOURFITWAY and supersedes all prior agreements and understandings.
Agreement to Terms
Changes to Terms or Services
Arbitration Notice and Class Action Waiver
Who May Use the Services?
You may use the Services only if you are 13 years of age or older and are not barred from using the Services under applicable law. To make a purchase via the Site, Services or the App Stores, you must be 18 years or older and capable of forming a binding contract.
Registration and Your Information
You are fully responsible for the activity that occurs under your Account. You must notify us immediately of any breach of security relating to or unauthorized use of your Account.
We shall not be responsible for any loss, damage or other consequences that may result from any use of your Account or authentication token.
We have no obligation to monitor or access any Account, but may do so in cases where such action is reasonably justified (e.g., in order to prevent illegal or harmful activity, provide customer support, or perform legal duties etc.). Supplier may, in its sole discretion, disable, close or restrict access to any Account.
Using the Services
Through the Services, users have access the content (“Content”) through the Site and the App. Free-sign up provides access to a limited amount of Content. A paid subscription or purchase (“Paid Service”, “Paid Services”) provides access to the full catalogue of Content.
You may use the Services only for personal, noncommercial purposes. You may not provide access to your Account to any other person or using any other person’s user ID to access to the Services and Content. The Services and Content are personalized for one (1) user.
You may access the Content and Services using any supported web browser or the YOURFITWAY App. You may not modify or use modified versions of YOURFITWAY Software, including unlicensed third party software intended to use the Services or access the Content.
Use of the Services requires devices and other services including but not limited to a mobile device, the internet, stereo headphones and certain software. You acknowledge and agree that such system requirements, which may change from time to time, are Your sole responsibility, and re-funds will not be made because of hardware incompatibility (it is your duty to be fully convinced that your hardware is sufficient to run the Services). You acknowledge and agree that using the Services requires You to have an internet connection with sufficient speed and bandwidth for accessing and/or streaming the Content on your device, Supplier is not responsible and will not reimburse for impaired access to the Services or quality issues with the Services due to the limitations, availability and speed of Your internet connection or technical issues with your devices that are used for accessing the Services and Content. You acknowledge and agree that Supplier is not responsible for impaired access to the Services or quality issues with the Services when using the Services on Your mobile device. You must have at least two (3) gigabytes of free storage space on your mobile device in order to use the App.
You understand and agree that the Services and any other information you learn from YOURFITWAY are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. You are forbidden to use the Services while operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
You agree and warrant not to (a) interfere with the proper functioning of the Services; (b) impose an unreasonable load on the Services or its infrastructure; (c) copy, reproduce, translate, adapt, arrange or otherwise alter any part of the Services, App or Content or reproduce the results of any such activity; (d) decompile, disassemble or otherwise reverse engineer the Services, App or Content; (e) remove, alter, hide or obscure any copyright notice, trademark or other proprietary rights notice embedded in, appearing on or otherwise pertaining to the Services; (f) create or attempt to create any product or service that is substantially similar to, or performs the same or substantially similar functions as, or otherwise competes with the Services, or purports to be created, provided or approved by Supplier. The undertakings of Customer set forth in this section shall also be deemed to have been made by anyone who uses, accesses, or attempts to use or access any part of the Service.
YOURFITWAY offers Paid Services, including but not limited to a monthly, yearly or lifetime subscription. By installing any part of the Software and/or App, obtaining an Account, making a purchase or subscribing to any of the Paid Services or any part thereof, You shall be deemed to have agreed to, and accepted liability for the payment of, all fees and other charges associated with the applicable Paid Service, and consented to such fees and charges being calculated, billed, revised and adjusted according to the rules Supplier has established for that Paid Service (which, if not specified in the subscription documents, are available on the Supplier’s website). The same applies where the Customer permits or causes itself to be designated as the payer for someone else’s Paid Service. Each payment provides access for one (1) User for one (1) Account. You agree to personalize your Content by recording your own voice through the personalization tool provided in the Account.
YOURFITWAY makes no warranties or representations as to the expected lifetime of the Services and in purchasing a Paid Service (including all Lifetime options), you acknowledge and agree that the Services could change or terminate in the future.
Payment for the Services is due in advance, and must be effected either by credit card, PayPal, or such other means as accepted by Supplier. You must ensure that sufficient funds are available on the relevant account and acknowledge that late payment may result in the suspension of the Services or termination of your Account.
All payments for Paid Services are handled by a third-party payment gateway. Supplier is not responsible for the processing of Customer’s payments and shall not be liable for any matter in connection therewith. You agree to provide your banking details to the third-party payment gateway, and you agree that your payment data can be stored for future recurring payments or auto-renewals. You further agree that the third-party payment gateway may store and keep a cookie or a token on your device for facilitating a recurring payment or an auto-renewal.
Supplier may change the fees, rates and the billing cycle applicable to the Services without notice. If you do not agree with the respective change(s), your sole and exclusive remedy shall be to unsubscribe and cancel any Services (free or paid), or any other subscriptions you may have. If you remain subscribed to the Services after any such change(s), you shall be deemed to have granted consent to the respective change(s).
If you proceed to complete a Transaction through the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your transaction and agree (a) to pay the applicable fees and any taxes; (b) that YOURFITWAY may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. We will send a confirmation email after we confirm the payment for your order. Your order is not binding on YOURFITWAY until accepted and confirmed by YOURFITWAY. All payments and purchases are non-refundable except for citizens of the European Union within 14 days of purchase.
If you have any concerns or objections regarding any charges or transactions, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charge unless you have made a reasonable attempt at resolving the matter directly with YOURFITWAY.
YOURFITWAY reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if there is suspicion that the request or order is fraudulent, or in other circumstances YOURFITWAY deems appropriate in its sole discretion. YOURFITWAY also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your transaction.
The Services and Content can be accessed in two ways:
(b) Paid Subscription: a subscription fee-based program, which gives access to all Content. You will only have access to the Content provided through a Paid Services Subscription while your subscription is active and subsisting. All Paid Services provide access to the Content. You can purchase a Paid Service by purchasing a subscription to the Products from the Website, within the Apps, through App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that the prices for Paid Services may be different between sales channels and platforms. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
YOURFITWAY offers monthly, annual, and lifetime subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. For the purposes of our lifetime subscription, lifetime constitutes 100 years or until the date YOURFITWAY ceases to commercially offer the Services.
Our monthly subscription is paid monthly. For each month that your monthly subscription is active, you acknowledge and agree that YOURFITWAY is authorized to charge the same credit card as was used for the initial subscription fee or other payment method in the amount of the current monthly subscription fee as of the time of renewal. You also agree that your payment information may be stored for that purpose and that a cookie or a token may be stored and kept on your hard drive to facilitate the automatic charges. The monthly renewal subscription fees will continue to be billed to the payment method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the payment method you provided. Refunds cannot be claimed for any partial-month subscription period.
Our yearly subscriptions are paid for by an upfront one-off payment with automatic annual renewals respectively. You acknowledge and agree that YOURFITWAY is authorized to charge the payment method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of any such renewal. You also agree that your payment information may be stored for that purpose and that a cookie or a token may be stored and kept on your hard drive to facilitate the automatic charges. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.
Our Lifetime subscription is paid for by a one-off upfront payment. You acknowledge and agree that YOURFITWAY is authorized to charge the payment method used for the Lifetime subscription fee at the rate secured at the time of purchase. You also agree that your payment information may be stored for future purchases or payments and that a cookie or a token may be stored and kept on your hard drive to facilitate these charges.
You agree to promptly notify YOURFITWAY of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by You.
In the course of your use of the Services, YOURFITWAY and its third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to YOURFITWAY and YOURFITWAY’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
Our obligation to provide the Services only comes into being when we take receipt of your order, and we confirm your purchase to you by email. We shall confirm your order and send you an email to confirm your access to the subscription purchased. Prices include local taxes and VAT where applicable. You agree not to hold us responsible for banking charges incurred due to payments on your account. If a payment is not received by us from the payment method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any purchases through YOURFITWAY for commercial purposes.
When subscribed to any package (including, but not limited to the Lifetime package) each subsequent journey unlocks 12 hours after listening to the previous journey.
Canceling a subscription
You may cancel a monthly subscription at any time. Cancellation of the billing is effective at the end of the applicable month. Please make any such cancellation through your Account or contacting us on https://YOURFITWAY.com/contact/. You may continue to use the Services until the end of that month.
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling the automatic renewal of paid In-App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
For citizens of the European Union only: You may cancel our yearly and lifetime subscription plans that are only purchased through the Site within a 14-day money back guarantee offer, which entitles you to cancel your subscription and have the full cost refunded to you up to 14 calendar days from your first date of payment, by contacting us on email@example.com. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 14-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscriptions or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.
After the 14-day window, we will not provide a refund. All refunds are paid in full, however the following payment handling charges can be deducted from the refund amount that you receive: payment provider (such as Stripe) transfer fee, currency conversion expenses, wire transfer fees, or other charges relating to the payment (or any handling of the payment) thereof – such charges can be deducted from the refund.
Promotion And Discount Codes
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.
Changes to Price Terms for Subscriptions
YOURFITWAY reserves the right to change its pricing terms for Paid Services at any time. Changes to the pricing terms will not apply retroactively and will only apply for the renewal of subscriptions to Paid Services after such changed pricing terms have been communicated. If you do not agree with the changes to YOURFITWAY’s pricing terms, then you may choose not to renew your subscription by cancelling it through the channels and procedures stated on the Site.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by YOURFITWAY regarding future functionality or features.
Content and Content Rights
Subject to the Terms herein, and your payment of applicable subscription fees, YOURFITWAY grants you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable license to access the Content and Services for personal and non-commercial use.
In using the Services and Content You agree to comply with any applicable local, state, national or international law, and any regulations having the force of law.
The Services and Content may only be accessed through the interface(s) that YOURFITWAY has provided therefor and must not be accessed or attempted to be accessed in any manner not approved by YOURFITWAY. You may not make any local copies of the Services or Content outside of the Software or App provided by the YOURFITWAY.
Any unauthorized reproduction, publication, further distribution or public exhibition of the YOURFITWAY Service or materials provided on the YOURFITWAY Service in whole or in part, is strictly prohibited. You may not copy, reproduce, “rip”, record, or make available to the public any part of the YOURFITWAY Service or Content delivered to you via the Services.
YOURFITWAY and its licensors exclusively own all rights, titles and interests to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States, the European Union member countries as well as other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content, including but not limited to reviews, feedback, your profile photos, videos, sound samples, any posts or comments available through the Services or App you hereby grant to YOURFITWAY a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
We do not review User Content submitted by you or other users. We are not responsible for User Content provided by you or any other user. We do not endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Content, including as to its legality or accuracy.
User Content is considered to be non- proprietary and non-confidential. You agree not to submit any content as User Content in which you have any expectation of privacy.
Rights in Content Granted by YOURFITWAY
Subject to your compliance with these Terms, YOURFITWAY grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Nothing in these Terms or anyone’s conduct hereunder shall be construed to create, or provide grounds for the creation of, any right of security or possession, ownership, or any other real right in or for the benefit of the Customer or any end user with respect to any item belonging to or in the possession of YOURFITWAY.
Rights and Terms for Apps
Service and Warranty Disclaimers
YOURFITWAY strives to maintain the Services on a commercially reasonable basis and cannot guarantee that you will have access to the Services at all times.
You acknowledges that: (a) the Services have not been designed to meet any individual requirements; (b) the operation of the Services may from time to time encounter technical or other problems and may not continue uninterrupted or without errors; (c) the Services are not fault-tolerant and have not been designed for use in inherently dangerous circumstances, such as, e.g., the operation of “major sources of danger”, traffic control or life support systems, handling hazardous substances and other activities where the failure of the Services could lead to death, personal injury or environmental damage.
You agree that use of the Services is at your own sole risk and that the Services are provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied, to the maximum extent permitted by law, Supplier and its affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding Supplier, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Supplier has no obligation to enhance, modify or replace any part of the Service, or to continue developing or releasing new versions thereof. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Supplier aims to respond to support requests within 72 business hours but makes no commitment as to how quickly support will be provided or issues will be resolved.
The Service may provide links or access to third-party websites, resources or services and these may provide links or access to the Service. Supplier is not responsible for the qualities (including the availability, reliability and security) of such external sites, resources or services, and shall not be liable for any loss, damage, expenses or other consequences resulting from their existence, absence, qualities, use or inability to use them. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Some parts of the Service may have been translated into other languages.
You acknowledge and agree that by using the Services, You may encounter content that may be deemed to be indecent, offensive or otherwise objectionable. You agree that your access to and use of the Services including any Content is at your own risk and that YOURFITWAY shall have no liability to you in respect of any Content.
The Services may be integrated with other services and software provided by third parties, including via Apple and Google. If You access the Services through a third party application or other interface, or use any third party software or other products in connection with the Services, you may be subject to additional terms and conditions.
The services can also include API elements by YouTube. Here is a link to YouTube’s Terms of Service ([https://www.youtube.com/t/terms](https://www .youtube.com/t/terms)). Please be aware that by using the YOURFITWAY App, Services, YouTube’s API Clients or any of our software that uses YouTube’s API elements, You are agreeing to be bound by YouTube’s Terms of Service.
YOURFITWAY reserves the right to alter or change the Content or the order how it is presented or made available through the Services.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services, or any individual element within the Services, YOURFITWAY’s name, any YOURFITWAY trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without YOURFITWAY’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Synctuiton’s computer systems, or the technical delivery systems of Synctuiton’s providers;
- Attempt to probe, scan, or test the vulnerability of any YOURFITWAY’s system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by YOURFITWAY or any of YOURFITWAY’s providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by YOURFITWAY or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a YOURFITWAY trademark, logo URL or product name without YOURFITWAY’s express written consent;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You may cancel your Account at any time by logging into your Account following the instructions provided there. If you purchase a Subscription via an App Provider (e.g. Apple or Google), you must also cancel your Subscription with that App Provider directly.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice.
Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. You understand and agree that upon any termination all rights that you have been granted hereunder will terminate. All intellectual property and software-related obligations hereunder shall survive until you have fully removed all YOURFITWAY related materials from your devices, systems and storage media.
YOURFITWAY expressly disclaims all warranties, express, statutory, implied or otherwise, including, without limitation, the warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary rights, warranties for the security, reliability, timeliness, accuracy and performance of the Services and Content.
YOURFITWAY (among other things) makes no representation and gives no warranty with regard to the following: (a) that the Services and Content will meet any requirements or expectations; (b) that access to, or the operation or use of the Services and Content will be uninterrupted, secure or error-free -YOURFITWAY reserves the right to suspend or cancel the YOURFITWAY Service at any time for technical or operational reasons, without notice (c) that any defects in the Services will be corrected; (d) that the Service or any means by which the Services are accessed or used is free of malware, viruses or other harmful components; or (e) with respect to any third-party software, service, information, infrastructure, resource, or any other third-party item.
You agree and acknowledge that YOURFITWAY, the Services, Content and any other products or purchases from YOURFITWAY are non-medical and are intended for personal self-help usage. YOURFITWAY is not providing medical treatment or advice.
Binaural beats are only intended for use in healthy adults and should not be used by people with brain disorders such as epilepsy or surviving a stroke without first consulting a doctor.
Binaural beats can cause deep relaxation and impair responsiveness. Therefore, while listening to binaural beats, you should not drive or use machines. In the unlikely event that you feel physically or mentally uncomfortable, stop using it immediately.
You agree that your use of the Services and Content is entirely at your own risk to the full extent permissible by applicable law.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
Limitation of Liability
YOURFITWAY shall not be liable for any loss, damage, expenses, health problems, psychological issues or other harmful consequences resulting from (a) anyone’s use or inability to use the Services and/or Content, (b) the properties of the Services and/or Content, (c) any message or other communication received, or any transaction entered into, through or from the Services, (d) unauthorized access to, or interruption, alteration, loss, corruption or deletion of, Customer’s or any End User’s transmissions or data, (e) any other matter relating to the Services and/or Content or any part thereof; REGARDLESS of whether such are suffered or incurred directly or indirectly or are immediate or consequential and whether arising in contract, tort or otherwise.
YOURFITWAY is under no obligation to participate in user disputes or take any action in connection therewith.
Governing Law and Jurisdiction
This Agreement and all matters relating to the Service shall be governed by Estonian law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to any of the foregoing.
Any dispute arising from or otherwise concerning this Agreement (including disputes concerning the formation or validity hereof), or relating to the Service, shall be settled by mutual negotiations or by binding arbitration. In all other cases, the disputes shall be settled by Estonian courts, Harju County Court (in Estonian: Harju Maakohus) in Tallinn, Estonia, EU. Each Party, and anyone who uses, accesses or attempts to use or access any part of the Services, hereby irrevocably submits to the said jurisdiction and waives any and all objections they may have thereto.
Any decision (order, judgment or other) that the Harju County Court may deliver in a Parties’ dispute or in connection with the Service shall be enforceable in all jurisdictions.
Agreement to Arbitrate
Please read the following paragraphs carefully, as they require you to arbitrate disputes with YOURFITWAY, and limit the manner in which you can seek relief from YOURFITWAY.
(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by YOURFITWAY. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse YOURFITWAY for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and YOURFITWAY. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and YOURFITWAY.
(d) Jury Trial Waiver. You and YOURFITWAY waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and YOURFITWAY elect to have claims and disputes resolved by arbitration. In any litigation between you and YOURFITWAY over whether to vacate or enforce an arbitration award, you and YOURFITWAY waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
(e) Class Action Waiver. Where permitted under the applicable law, you and YOURFITWAY agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or consolidated action. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor YOURFITWAY are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in the section “Governing Law and Jurisdiction” above.
(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor YOURFITWAY can force the other to arbitrate. To opt-out, you must notify YOURFITWAY in writing by registered mail no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your YOURFITWAY account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical address: YOUR FIT WAY NETWORK OÜ, Maakri tn 19/1-7K, Tallinn 10145, Estonia; or contact us through https://YOURFITWAY.com/contact/.
(g) Small Claims Court. Notwithstanding the foregoing, either you or YOURFITWAY may bring an individual action in small claims court.
(h) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with YOURFITWAY.
If you have any questions about these Terms or the Services or Products, please contact YOURFITWAY at yourfitway.com/contact.