1). Agreement.

This End-User License Agreement (including the Supplemental Terms, as applicable) (“EULA” or “Agreement”) governs your use and access of QFitConnect.com (the “Q Fit Connect Site” or “Site”), and Q Fit Connects mobile and platform applications (collectively “Apps”). The Site and Apps are made available by, and you are entering into this EULA with Q Fitness and Wellness LLC. based at 3020-I Prosperity Church Rd. #629 Charlotte, NC 28269. The terms “Q Fit Connect”, “we”, “us” or “our” used in this EULA refer to Q Fit Connect. Q Fit Connect provides digitally accessible fitness, nutrition, wellness and lifestyle services and content. The Site and Apps, along with the fitness service and content made available therein are referred to herein as the “Q Fit Connect Service” or “Service”. By using the Service and/or installing or otherwise using the Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the website or App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any website or app updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not use the Service or install or use any website or app.

We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an email or website or in-app message which notifies you of such changes when you open up the website or app shall constitute reasonable means. Your continued use of the Service after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Service. If you have any questions or concerns regarding these terms or conditions herein, please email us

You should also read and understand the Q Fit Connect policy, which is incorporated by reference into and made a part of this Agreement. This Agreement also includes any additional payment terms and other requirements set forth on the download or purchase page of the Site or marketplaces through which you may purchase or download Apps or access the Service. These marketplaces may have additional terms, conditions and usage rules that govern your access to and use of the website or Apps and/or the Q Fit Connect Service.

Prior to using the Q Fit Connect Service, it is important for you to know and understand that by accessing and/or using the Service through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Q Fit Connect Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your access and use of the Service. If you have any questions or concerns regarding the terms or conditions herein, please email us: support@qfitconnect.com

By using the Service, you consent to receiving this Agreement in electronic form.

Notice to consumers: depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.

2). Health Warning And Medical Disclaimer.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THE SERVICE OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET. DO NOT USE THE Q FIT CONNECT SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR FASTING, YOU SHOULD STOP IMMEDIATELY. THE Q FIT CONNECT SERVICE OFFERS GENERAL HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE Q FIT CONNECT SITE OR AVAILABLE THROUGH ANY Q FIT CONNECT SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE Q FIT CONNECT SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH- CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.

IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

3). Who May Use The Q Fit Connect Service.

AGE REQUIREMENT: You must be at least 18 years old to use the Q Fit Connect Service. NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Q Fit Connect Service. If your child is using the Q Fit Connect Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the Q Fit Connect Service, please contact us at support@qfitconnect.com

4). The Service.

Grant of License. Subject to your compliance with the terms and conditions of this Agreement, Q Fit Connect  grants you a limited, non-exclusive, revocable, non-sublicensable, non- transferable license, to access and use the most current available versions of the Site, Apps and Service for your lawful, personal and non-commercial use.

Available Content. The Service and the content provided therein is available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Content is intended for informational purposes only and should not be considered medical or healthcare advice.

Registration. While you may enjoy certain content and features without registering with Q Fit Connect  , to receive the full benefits of some of our Services, you may be required to register as  a member by providing a username, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Q Fit Connect   and notify us if your information changes. In creating a username, you may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. You may be given the option to access or register for the Service through the use of your third-party social media account, such as Facebook or Google. If you select this option, your social media provider may make certain of your personal information available to us, such as your email address or other unique identifier or we may be asked to share certain information with such social media provider. We recommend that you review your social media provider’s privacy policies carefully before using their service to connect to our Services.

Non-commercial Use. Use of the Site and Service is for personal, non-commercial use only. You may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Q Fit Connect. If you wish to inquire about possible commercial use, please contact us at support@qfitconnect.com.   Q Fit Connect may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Q Fit Connect Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at support@qfitconnect.com.

Q Fit Connect may change, modify, add, remove, suspend, cancel or discontinue any aspect of its subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Q Fit Connects sole discretion.

5 ). Your Representations and Warranties as a Member.

In using the Q Fit Connect  Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise or, if applicable engage in intermittent fasting, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the Q Fit Connect  Service. You further affirm that you will not access the Service from within the European Economic Area.

6). General Disclaimers.

Q FIT CONNECT PROVIDES THE Q FIT CONNECT SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE Q FIT CONNECT SERVICE AT YOUR OWN RISK.

Q FIT CONNECT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.

Without limiting the foregoing, Q Fit Connect makes no representations or warranties:

That the Q Fit Connect Service, or any particular fitness or weight-loss program is suitable for you;

Regarding the adequacy or safety of the Q Fit Connect Service for any particular user:

• That the Q Fit Connect Service will meet your personal needs;
• That the Q Fit Connect Service will be permitted in your jurisdiction;
• That the Q Fit Connect Service will be uninterrupted or error-free;
• Concerning any content submitted by any member;
• Concerning any third party’s use of content that you submit;
• That Q Fit Connect will continue to support any particular feature of the Q Fit Connect Service; or
• Concerning sites and resources outside of the Q Fit Connect Service, even if linked to/from the Q Fit Connect Service.

Q Fit Connect reserves the right to modify the Q Fit Connect Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Q Fit Connect Service. Q Fit Connect has no obligation to screen or monitor any content and does not guarantee that any content made available on the Q Fit Connect Service complies with this Agreement or is suitable for all users. Q Fit Connect shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view Q Fit Connect content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement. To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Q Fit Connect Service, and no warranties shall apply after such period.

7). Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW: (I) IN NO EVENT SHALL Q FIT CONNECT, NOR ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, DEATH, LOSS OF LIVELIHOOD, LOSS OF ENJOYMENT, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF FUTURE EARNINGS, GOODWILL, USE, AND/OR ANY OTHER DAMAGES OR OTHER INTANGIBLE LOSSES; AND (II) Q FIT CONNECT’S, AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO Q FIT CONNECT OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S).IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS THE SERVICE, SITE OR APPLICATIONS.

8). Privacy.

Your privacy rights are set forth in our Privacy Policy which forms a part of this Agreement. Please review the Privacy Policy to learn about:

• What information we may collect about you;
• What we use that information for; and
• When and with whom we share that information.

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, which may be gathered periodically to facilitate the provision of software updates, product support and other services related to the Q Fit Connect Service.

CONSENT TO EMAIL: When you sign up for certain of our Services using email, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or they may contain exclusive offers, promotions or special offers.

9). Payments and Auto-Renewal.

9.1 Auto-renewal and billing; Subscription Fees; Free Trial Terms.

Subscriptions. Subscriptions to the Service are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and recurring billing of your account, will continue indefinitely until cancelled by you in accordance with the Cancellation section of this Agreement.

If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE Q FIT CONNECT APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.

Free Trials. If you accepted an offer with a Free Trial, your Q Fit Connect membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your Free Trial, you will begin to be billed automatically each subscription period until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits.

Pricing and Special Offers. The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up. At certain times, we may offer special promotional offers (“Special Offers”) that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period.

Add-On Services. We refer to any additional, paid subscription Service we offer beyond the Q Fit Connect Site and Apps as an “Add-On Service.” For example, our personalized Coaching service is an Add-On Service. Each Add-On Service is a separate subscription service and is subject to additional fees that automatically renew just like your regular subscription.

Paused Subscriptions. If you use the Q Fit Connect site, in circumstances in which you elect to pause your subscription, your account will automatically reactivate following the time period that you specified at the time of pausing, and we will then automatically start to bill you again. You will be responsible for payment upon reactivation regardless of whether or not you receive a reminder notice regarding the expiration of your paused status. By electing to pause your subscription, you agree and authorize Q Fit Connect to bill your account starting at the expiration of your paused account status period.

Changes to Q Fit Connect.com Subscription Fees; Q Fit Connect may increase its subscription fee for the Q Fit Connect Site effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.

10). Cancellation; Term and Termination; Account Deletion.

10.1 How To Cancel. 

If you are using the Q Fit Connect Service through the Q Fit Connect Site and you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, please visit the Manage Your Membership Account page and choose “Change” or “Cancel”.

TERM: This Agreement begins on the date you first use the Q Fit Connect Service and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the Q Fit Connect Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.

TERMINATION FOR BREACH: Q Fit Connect may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Q Fit Connect determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Q Fit Connect ‘s reputation or goodwill. If Q Fit Connect deletes your account for the foregoing reasons, you may not re-register for the Q Fit Connect Service. Q Fit Connect may block your email address and Internet protocol address to prevent further registration. Q Fit Connect is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Q Fit Connect will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Q Fit Connect shall not be responsible for the loss of such content.

SUPPORT — For any support related questions or issues that require help beyond what we can offer in this Agreement, please contact our Customer Support team at support@qfitconnect.com for the fastest response.

R-E-S-P-E-C-T — Please be respectful and courteous to the members of this group.

FEEDBACK — We welcome constructive feedback (both positive and negative) on your Q Fit Connect experience and ask that you contact us directly at support@qfitconnect.com so that we can be sure we hear your thoughts on our Service and strive to improve.

REPORTING POSTS — If you notice any User Content that you believe to be in violation of this Agreement, or spam, report it to the administrators at support@qfitconnect.com

Restrictions. You may not submit any User Content that: * Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); * Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); * Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; * Advocates harassment or intimidation of another person; * Exploits minors; * Depicts unlawful acts or extreme violence; * Contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); * Depicts animal cruelty or extreme violence towards animals; or * Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.

User Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all User Content. However, Q Fit Connect has the right (but not the obligation) to monitor your conduct and User Content submission on our Service and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, remove, disallow, block or delete any User Content. Under no circumstances will Q Fit Connect be liable for any of your User Content. You shall be solely responsible for any User Content submitted through your account.

We may access, preserve or disclose any of your information or User Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this Agreement; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of Q Fit Connect, its users, or members of the public or (v) to report a crime or other offensive behavior.

Objectionable Content. Q Fit Connect may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Q Fit Connect ‘s sole discretion. “Objectionable Content” includes, but is not limited to: 1. User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous, 2. User Content that is hateful, or advocates hate crimes, harm or violence against a person or group, 3. User Content that may harm minors in any way; 4. User Content that has the goal or effect of “stalking” or otherwise harassing another 5. Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy; 6. User Content that is vulgar, offensive, obscene or pornographic, 7. Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 8. Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You further grant all users of the Q Fit Connect Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Q Fit Connect on improving or adding new features to the Q Fit Connect Service, Fit Connect shall have the right to use your suggestions without any compensation to you.

For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to Q Fit Connect and grant the licenses set forth above; (ii) Q Fit Connect will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.

11). Code of Conduct and Prohibited Activities.

In using the Q Fit Connect Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:

• Act in a deceptive manner by, among other things, impersonating any person;
• Harass or stalk any other person;
• Harm or exploit minors;
• Distribute “spam”;
• Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
• “Frame” or “mirror” any part of the Service or the Site;
• Use meta tags or code or other devices containing any reference to Q Fit Connect, the Site or the Service (or any trademark, trade name, service mark, logo or slogan Q Fit Connect) to direct any person to any other website for any purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
• Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
• Collect information about others;
• Advertise or solicit others to purchase any product or service within the Q Fit Connect Site;
• Promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
• Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
• Participate in any activity that in any way violates any law; or
• Access or use the Site and Service (including any Add-on Service or application available through a mobile or set- top device) from the European Economic Area.

Q Fit Connect reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this Agreement, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.

Your use of the Site and Service must comply with all applicable laws and regulations. You agree that Q Fit Connect may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

12). Indemnification.

You agree to indemnify, defend, and hold harmless Q Fit Connect and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Q Fit Connect Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Q Fit Connect violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Q Fit Connect reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Q Fit Connect in connection therewith.

13). License to Use the Q Fit Connect Service.

LICENSE: Q Fit Connect grants you a limited, non-exclusive license to access and use the Q Fit Connect Service for your own personal, non-commercial purposes. This includes the right to view content available on the Q Fit Connect Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

RESTRICTIONS: Except as expressly permitted by Q Fit Connect in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Q Fit Connect Service. Nor will you take any measures to interfere with or damage the Q Fit Connect Service. All rights not expressly granted by Q Fit Connect are reserved.

DEVICES AND PLATFORMS: These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Apple TV and other such devices and their corresponding apps).

Your use of the Q Fit Connect Service through any applications or device constitutes your agreement to be bound by these Terms.

Any Q Fit Connect application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console’s app store, etc.) is licensed, not sold, to you for use only under these Terms. We, the licensor, Q Fit Connect, Inc. (Application Provider) reserve all rights not expressly granted to you.

14). Third Party Links and Content.

Certain links on the Q Fit Connect Sites and/or the Q Fit Connect Service may let you leave the particular Q Fit Connect Site or Q Fit Connect Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third -party site, it is important to know that Q Fit Connect does not control these sites, nor has Q Fit Connect reviewed or approved the content which appears on the linked sites. Q Fit Connect is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Q Fit Connect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.

More specifically, your participation, correspondence or business dealings with any third party found on or through the Q Fit Connect Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Q Fit Connect shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

15). Intellectual Property.

You acknowledge that the Q Fit Connect Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Q Fit Connect -generated content and content developed for Q Fit Connect by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Q Fit Connect owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Q Fit Connect Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.

The Q Fit Connect name, logos and affiliated applications and technologies are the exclusive property of Q Fitness and Wellness LLC. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Q Fit Connect owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

16). Copyright / DMCA Policy.

Q Fit Connect respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Q Fit Connect Site do not infringe any third-party copyright.

Q Fit Connect will promptly remove materials from the Q Fit Connect Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Q Fit Connect may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

1. Your name, address, telephone number, and email address (if any).
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where on the Q Fit Connect Site the material that you claim is infringing may be found, sufficient for Q Fit Connect to locate the material (e.g., the URL)
4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6. Your electronic or physical signature.

You may submit this information via:
1. Email: support@qfitconnect.com
2. Offline: Q Fit Connects’ Copyright Agent (see contact information below)

Filing a DMCA Counter-notification to Restore Removed Content for Q Fit Connect Users If you believe that your material has been removed by mistake or misidentification, please provide Q Fit Connect with a written counter-notification containing the following information:
1. Your name, address, and telephone number.
2. A description of the material that was removed and the location on the Q Fit Connect Site (e.g., the URL) where it previously appeared.
3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Q Fit Connect may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
5. Your electronic or physical signature.

You may submit this information via:
1. Email: support@qfitconnect.com
2. Offline: Q Fit Connects’ Copyright Agent (see contact information below)

Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.

Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter- notification may not be processed further.

In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

Q Fit Connect may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

Q Fit Connects’ Admin Dept.:

 You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual

3020-i Prosperity Church Road #629

Charlotte, NC 28269

Attn: Admin Dept.

support@qfitconnect.com

17). EEA Resident Online Dispute Resolution.

If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: support@qfitconnect.com

18). Security.

The Q Fit Connect Site and Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Q Fit Connect Service and any information you download or offer to share by means of an the Q Fit Connect Service, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that Q Fit Connect shall not be liable for any unauthorized access to your mobile device or the app data thereon.

19). Export Controls.

The Q Fit Connect Service and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Applications. You agree to comply with these laws, restrictions and regulations when downloading or using the Apps.

20). Notice to U.S. Government End Users.

Any Apps installed for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights as “commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48

C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

21). Arbitration And Governing Law.

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Q Fit Connect in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Q Fit Connect or its affiliates any class action, class arbitration, or other representative action or proceeding.

By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Q Fit Connect or its affiliates (except for matters that may be taken to small- claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS

ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Q Fit Connect (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.

This Agreement, and any dispute between you and Q Fit Connect, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

22). General Provisions.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Q Fit Connect in exercising any right hereunder will waive any further exercise of that right. Q Fit Connects rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD- PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Q Fit Connects prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Q Fit Connect electronically. Q Fit Connect may provide all such communications by email or by posting them on the Q Fit Connect Service. For support- related inquiries, you may send an email to support@qfitconnect.com or the following address:

3020-i Prosperity Church Road #629

Charlotte, NC 28269

Nothing herein shall limit Q Fit Connects right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised EULA posted by Q Fit Connect on the Q Fit Connect Site or a written amendment signed by an authorized representative of Q Fit Connect. A revised EULA will be effective as of the date it is posted through the Q Fit Connect Service.

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference: This Agreement constitutes the entire understanding between Q Fit Connect and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

OUR PRIVACY POLICY

 Privacy Policy

Last Updated: December 17, 2023 

We at Q Fit Connect. (“Q Fit Connect”, “we”, “us”, or “our”) have created this Privacy Policy to explain how we collect, use, disclose and otherwise process personal information in connection with operating our business. This Privacy Policy describes the practices concerning the information collected by Q Fit Connect, through the use of our websites and applications on which this Privacy Policy is posted.

This Privacy Policy applies to our websites and mobile applications and other Q Fit Connect online services or applications on which this Privacy Policy is posted, and our collection of information from our corresponding social media features and pages (each a “Service” and collectively, the “Services”). In addition to describing how we collect, use, disclose and otherwise process personal information, this Privacy Policy explains the rights and choices available to individuals with respect to their personal information.

We may provide additional privacy notices to you at the time we collect your data. This type of an “in-time” notice will govern how we may process the information you provide at that time.

California residents may click here for Your California Privacy Rights.

Click on the links below to jump directly to sections of the Privacy Policy: 

1. Information we collect

2. Sources of information and purposes of use

3. How we may use your personal information

4. How we may share information about you with others

5. Do Not track disclosures

6. Social Media

7. Information for individuals in the European economic area

8. Information for residents of California: California Privacy Rights

9. Online privacy choices and rights

10. Data retention

11. How we protect personal information

12. Links to websites and third party content

13. Information relating to children

14. Updates to our privacy policy

15. How to contact us

 

1. Information We Collect

We may obtain information about you in a variety of ways, including through your use of our Services, when you call, email or otherwise communicate with us (including through social media), or when you participate in events or other promotions.

The information that we collect, whether from you directly or automatically, may be considered personal information in certain jurisdictions or personal data under the European General Data Protection Regulation (the “GDPR”). Whenever we refer to personal information in this Privacy Policy, it means personal information or personal data as defined by applicable laws in the relevant jurisdiction.

•     Categories of personal information we collect:

 

Category	Specific Examples
A. Identifiers.	Name, email address, unique online identifier (UUID, Advertising ID, IDFA), IP Address
B. Personal Records	Name, email address, username and password, zip code, credit card information (when you purchase directly from our website);
C. Protected classification characteristics under California or federal law.	Age, Gender
D. Commercial information.	Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; fitness videos viewed.
E. Biometric information.	Not Applicable..
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. See information collected by automated means in Section 2 below for further details.
G. Geolocation data.	Not Applicable.
H. Sensory data.	Photographs and videos that you voluntarily choose to upload through our community and social features.
I. Inferences drawn from other personal information.	Not applicable.

 

We may only collect some of the information above for certain services. In addition to the above, we may also collect the following types of information:

•     To customize our Services to your requirements, we will ask you to tell us your fitness goals and other related information. Separately, we may offer you opportunities to add further information, such as your weight, which will provide additional customization of the Services for you, such as the ability to use Apple Health and track your activity. If you choose not to share some or all of this information with us, you may not have access to certain features of our site and mobile applications.
•     Content, comments, photographs, video submissions or your likeness when you provide it to us as part of our community and social features

 

2. Sources of Information and Purposes of Use

Some of this information you provide to us and some we collect when you use our Services. We also may obtain information about you (including personal information) from our business partners, such as vendors, and others.

Information collected from you

The following are examples of the types of information we may collect directly from you:

• Name. We require your name at the time of sign up in order to process your payments.
• Email address. We use your email address to (i) communicate with you about our Services, including our other products and provide you with exclusive offers; ii) responding to your requests, inquiries, comments, and suggestions; (iii) and communicating with your about your account.
• Username and/or Password. Certain of our Services use this information to facilitate your access to our website or mobile application and validate your login for your security.
• Payment card and other payment information. If you pay for Services directly through our website, you authorize us to have our payment processor collect this information.
• Fitness Goals. You may choose to tell us about your goals to personalize the Service for you.
• Gender. We ask your gender to help us personalize the Services, allow you to track calories and to help us understand our customer demographic. This is voluntarily provided information.
• Age. You may choose to provide your age to help us personalize the Services, allow you to track calories and to help us understand our customer demographic. This is voluntarily provided information.
• Weight and/or target weight. You may choose to provide your weight in order to track your calories.
• User Content (comments, photos, videos). You may choose to provide user content when you use our community or social features.
• Customer Service Interactions. If you contact our customer support team, we collect the information you give us during this interaction.

Information collected by automated means (“Automated Information”)

We collect Automated Information through the use of cookies, and other technologies. In addition to cookies, such other technologies may include:

• “Pixel tags” (also known as a “clear GIFs” or “web beacons”) which are tiny images (in most cases, typically just one-pixel) that can be placed on a Web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our Web pages.
• “HTML5” (the language some websites, such as mobile websites are coded in) may be used to store information on your computer or device about your website usage activities and to help determine how our Services are being used by our visitors, how the services can be improved and to customize our Services for our users.

Web browsers may offer users of our websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. The “help” menu on most internet browsers contains information on how to disable cookies, or you can visit www.aboutcookies.org/how-to-control-cookies/.

The above tracking technologies may be deployed by us or our service providers on our behalf.

Automated Information includes information such as:

•     IP address
•     Browser type/version (for example: Firefox 59.0.2 (64 bit))
•     Browser language (for example: English)
•     Operating system used (for example: Windows 10)
•     Internal resolution of the browser window
•     Service provider and signal strength
•     Hardware and software information
•     Device Type
•     Services online.
•     Time zone
•     Identifiers associated with cookies or other technologies that may uniquely identify your device or browser
• Advertising ID (such as Google’s Advertising ID and Apple’s IDFA, both of which are randomly generated numbers that you can reset by going into your device’s settings)
• Adjust ID (this identifier lets us know where our users found our Services online, record user app events and optimize our advertising efforts)
• Screen resolution
• JavaScript activation
• Java on / off
• Color depth
• Referrer
• Dates and times of access
• IDFA

We or our third-party service provider may assign you a unique identifier through automated means in order to match information collected from you through different means or at different times, (including both personal information and Automated Information) and to use such information as described in this Privacy Policy.

This Automated Information is generally used for the following purposes:

• for the technical provision of our Services in order to be able to provide you with a functioning user-friendly experience
• to provide you with a secure experience and to take measures to protect our website and mobile applications from cyber risks
• to uncover insights about your use of our website and mobile applications in order to improve our Services and features, including developing new products and features
• to facilitate your access to our website or mobile application
• to customize our Services for you
• to help us better understand our current and potential customers and optimize the marketing of our Services accordingly
• events and usage data is captured for our internal business analytics in order to understand how our users interact with our mobile applications and use our services. For example, we may capture when a user visits a screen, taps a button, permits notifications, upgrades, or otherwise interacts with the app.
• Monitoring and analyzing the effectiveness of our communications (including by identifying when emails sent to you have been received and read)

Information collected from service partners and integrated services.

We may obtain information, including personal information from third parties and sources that we integrate into our Services either for the provision of our services or to facilitate your access to our Services such as described below.

If you purchase a subscription to one of our mobile apps, neither Google nor Apple provide us with any personal information of the subscription purchaser (like name, email or payment information). Only an anonymized Subscription ID or Order ID gets transferred to Q Fit Connect. If you create a Q Fit Connect account, this anonymized subscription information gets attached to your record for the purpose of subscription sharing with your Q Fit Connect account across multiple devices.

You may be given the option to access or register for our services through the use of your third-party social media account, such as Facebook or Google. If you select this option, your social media provider may make certain of your personal information available to us, such as your email address or other unique identifier or we may be asked to share certain information with such social media provider. If you choose to sign on through your third party social media provider, you authorize us to collect your information from such provider and process it in accordance with this Privacy Policy and you also authorize us to share your information with your social media provider as necessary to permit you to access our services using your social media account. We recommend that you review your social media provider’s privacy policies carefully before using their service to connect to our Services.

3. How We May Use Your Personal Information

In addition to the purposes described above, we may use the information we collect for a variety of purposes, such as the following:

• Performing Our Services
• Maintaining or servicing accounts, providing customer service, operation our website and mobile applications; processing or fulfilling orders and transactions, verifying user information, processing payments
• For, your convenience, if you register for one of our mobile applications, we may port over your login and/or profile data to other mobile applications or Services that you purchase from us
• We may link your account across one or more devices or Services so that you can enjoy a consistent experience across all devices and/or Services that you access.
• Communicating about the products and services we offer, and responding to requests, inquiries, comments, and suggestions
• Providing social and community features, including publicly displaying content (comments, photos, videos) that you voluntarily post

• Internal Research
• Understanding and evaluating how our services and features perform with our users
•  Uncovering insights about usage in order to improve the services and provide customers with enhanced features as well as inform our development of new features and products.
• Development of customized or personalized experiences of our Services, such as remembering your information so you do not have to re-enter it each time you use one of our Services
• Using proprietary automated methods of analysis, we use voicemail recordings to determine spam and unwanted calls and improve our blocking technology

• Auditing Interactions with Consumers
• measuring usage of our websites and mobile applications
• measuring our advertising and marketing activity (e.g., measuring how a user was acquired)

• Security
• To provide you with a secure experience and to take measures to protect our website and mobile applications from cyber risks
• Protecting against, identifying, investigating, preventing, and responding to fraud, illegal activity (such as incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide

• Debugging/Repair
• identification and repair of impairments to intended, existing functionality of our Services

• Marketing
• Understanding our customer in order to more effectively market our Services
• We use your email (with your consent where required) to send you information about our products and services and exclusive offers

• Quality and Safety Maintenance and Verification
• activities related to improving the quality of the Services we provide, including upgrade or enhancement of the Services
• verification or maintenance of the quality or safety of Services
• Tracking and responding to quality and safety matters
• Protecting our rights and property

• Complying with legal or regulatory requirements, judicial process, industry standards and our company policies
• Other purposes that may be described at the time you choose to provide personal information to us

We may also aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes – including historical and statistical analysis and business planning – without restriction.

4. How We May Share Information about You with Others

We may share information about you for the purposes described in this Privacy Policy or pursuant to a specific “in-time” privacy notice we may provide at the time we collect the information.

• Third Party Service Providers. We may share information about you with the following categories of third-party providers for a variety of business purposes:

• Customer Communications and Insights Platforms. We may share email, app usage and interactions with our third party customer communications platform provider for the following business purposes: performing services that allow us to communicate with you and administer your account as well as track your usage for our internal analytics.
• Internal Business Insights Platforms. Our third party internal business analytics platform provides us with the tools to help us understand app usage and interactions and uncover insights that allow us to improve our product and features as well as optimize our marketing. We may share or make available unique user identifiers, IDFA, device ID, IP address, Adjust ID and app usage and events (such as when you subscribed to our services) with these providers for the following business purposes: performing services that allow us to (i) monitor and understand usage in order to enhance existing Services or develop new products and features and (ii) better understand our customers in order to market our products more effectively.
• Customer Support – When you contact us through our one of our support emails indicated in the How to Contact Us section at the bottom of this Privacy Policy, your email may be directed through our third- party customer support platform which will have access to your email, the content of your email as well as date and time your request came into our system. We use these providers to allow us to communicate with you about your account and to receive reports from users about the quality or safety of our products.
• Measurement and Attribution. These service providers offer tools that allow us to measure and attribute the source of new subscription sign ups and that allow us to uncover insights about usage and app events. We may use unique user identifiers made available to us from these third party providers to help us measure the effectiveness of our ads (e.g., where and how a user is acquired) and to uncover information about how our customers are using our apps in order to improve their quality and safety. We may also share and/or store the unique identifiers with these providers for the same purpose.
• Other technology providers necessary to provide our services (including cloud storage and web hosting providers). We store user provided and Automated Information and/or aggregate or non-personally identifiable information with our cloud storage providers. We also may make certain Automated Information available for various purposes such as monitoring network traffic to detect malicious actors and to protect against malware, fraud or other unlawful uses or activity.
• Payment processors. If you purchase our Services outside of the Apple or Google stores, we will process your payment through our third- party provider. When you pay in this manner, you authorize and direct us to process your payment through our payment processor.
• Marketing providers. We, or the third- party service providers we use to assist us with marketing our own products to you, may use the information we collect from you to provide advertisements and offers for our other products. For example, if you use Q Fit Connects HIIT app, we may share information (usually a unique online identifier) with our marketing service provider that enables them to serve you an ad for our Running app. We may share information with Facebook or SnapChat that allows us to create Custom or Lookalike Audiences. You may learn more about Facebook Lookalike Audiences at https://www.facebook.com/business/help/164749007013531 and Snapchat Audiences at https://support.snapchat.com/en-US/a/advertising-preferences. Additionally, we may share certain information, including app events, with Facebook or other advertising partners that provide us with optimization services for our advertising. You can learn more about how to opt out of having such activity sent to Facebook at https://www.facebook.com/help/2207256696182627 and https://www.facebook.com/off_facebook_activity/. We also use Google Ads to advertise our products. When you view or click on an ad on a website or app, tracking technology may be set by Google to help better provide advertisements that may be of interest to you. You may opt-out of the use of this tracking technology by visiting Google’s Advertising and Privacy page: www.google.com/privacy_ads.html. Additionally, if we obtain your information in connection with a contest, sweepstakes, event, offering or other promotional activity that is jointly offered by us and any third parties. By entering such contest or sweepstakes, you authorize and direct us to share your information with our co-sponsor. We may also share your information with a third party service provider who administers the promotion, contest and/or sweepstakes. We may also share aggregate information to third party providers and platforms that help us understand our user demographic, including user demographic interests, habits and usage patterns for certain of our Services so that we may market our products more effectively.
• Corporate Transactions. We may share information about you in connection with (including during the evaluation or negotiation of) a corporate change or dissolution, including for example a merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets or wind-down of a business (each a “Corporate Transaction”). Unless prohibited by applicable law, we reserve the right to transfer the information we maintain in the event we engage in any Corporate Transaction (including, selling or transferring all or a portion of our business or assets). If we engage in such a sale or transfer, we will where feasible – direct the recipient to use the information in a manner that is consistent with this Privacy Policy. After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your personal information.
• Legal, Regulatory, Compliance and Similar reasons. In addition, we may disclose and/or share your information to comply with legal or regulatory requirements (including to comply with a court order, judicial subpoena or other subpoena or warrant), industry standards, judicial process, and our company policies, as well as to protect against, identify, investigate, prevent and respond to fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), adverse event reporting, and claims and other liabilities.

We also reserve the right to disclose your information (i) when we believe in good faith that disclosure is appropriate or necessary to take precautions against liability, (ii) to protect our rights or property or the legal and property rights of others and (iii) investigate and defend third party claims or allegations against us.

In addition, we may collect, use and disclose your personal information as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.

5. Do Not Track Disclosures

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, our Sites do not currently process or respond to “do-not-track” (DNT) settings in your web browser. If and when a final standard is established and accepted, we will reassess how to respond to these signals.

6. Social Media

We maintain a presence on several social networking and blogging platforms, such as Facebook, Instagram, Google, LinkedIn, Twitter, Snap, TikTok and Pinterest. We may incorporate some third-party social networking features into our Services (including, allowing users to interact with others and share certain content and information on social media platforms) or utilize third-party provided platforms to publish or manage the Services or portions thereof. Through these platforms and features, we receive or may share information about you, and this Privacy Policy applies to that information as well. In addition, some providers of third-party social media or blogging platforms we utilize their own privacy policies which explain how the third parties that provide them may collect, use and protect your information (e.g., if you establish an account with such platform providers directly). By using social features, you agree to those third parties’ privacy policies and terms of use.

If you choose to communicate with us or another user through social features available on our websites or mobile applications or through our social media pages, or other similar communication or messaging features or services, such information may be made publicly available. For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem (in our sole discretion) to be inappropriate.

7. Information for Individuals in the European Economic Area (EEA)

Your Choices and Rights.

As a resident of the EEA, you may have some or all of the following rights in relation to how we use your personal information:

• Access: you may request access to your personal information and receive copies of it;
• Correction: you may have inaccurate/incomplete personal information corrected and updated;
• Object to, or Limit or Restrict, Use of Data: you can ask us to stop using all or some of your personal information or to limit our use of it;
• Deletion: in certain circumstances, you can request a right “to be forgotten” (this is a right to have your information deleted or our use of your data restricted). We will honor such requests unless we have to retain this information to comply with a legal obligation or unless we have an overriding interest to retain it;
• Portability: in certain circumstances, exercise the right to data portability (this is a right to obtain a transferable version of your personal information to transfer to another provider); and
• Consent Management: where we rely on consent to process your personal data, you may withdraw consent at any time. You do not have to provide a reason for your withdrawal where processing is based on consent.

If you are a resident of the EEA and you wish to access, change or delete personal information we hold about you, you may contact us by support@qfitconnect.com. If we change or delete your personal information or if you decline to actively share certain personal information with us, we may not be able to provide you with our Services or some of the features and functionality of our Services. In addition, you may contact us support@qfitconnect.com to request that we not disclose your personal information to third parties (other than those that are acting as our agent to perform tasks on our behalf, such as data processors). Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on the rights and freedoms of another person. For example, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore.

For your protection, we may require proof of identity and verification before we can answer the above requests.

Legal basis for processing data

In this section, we identify the legal grounds on which we rely to process personal information.

In some cases, we have a legitimate interest to process the personal information that we collect, such as to develop, administer and support our products and services; to operate, evaluate and improve our business; to facilitate and manage engagement programs; to promote research; to support our recruitment activities; or to facilitate a Corporate Transaction (including a sale of assets or merger or acquisition).

In other cases, we process personal information to fulfill our contracts with business partners, such as third parties that distribute our products.

It may also be necessary for us to process personal information to establish, exercise or defend against fraud, illegal activity, and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide.

Our processing of certain information may be necessary to comply with our legal obligations, and for reasons of public interest, such as with respect to adverse events and product safety reporting.

We may also process personal information as specifically permitted by applicable legal requirements.

If we rely on consent for the processing of your personal information, we will seek such consent at the time we collect your personal information.

International data transfers

We may transfer your personal information to countries other than the country in which the data was originally collected for the purposes described in this Privacy Notice. For example, if you are located outside of the United States, we may transfer your personal information to the United States, where Q Fit Connect is headquartered. The countries to which we transfer personal information may not have the same data protection laws as the country in which you initially provided the information. When we transfer personal information across borders, we consider a variety of requirements that may apply to such transfers.

Specifically, we may transfer personal information from the European Economic Area to:

• Countries that the European Commissions has deemed to adequately safeguard personal information,
• Pursuant to the recipient’s compliance with standard contractual clauses (also known as Model Clauses), EU-US Privacy Shield, or Binding Corporate Rules,
• Pursuant to the consent of the individual to whom the personal information pertains, or
• As otherwise permitted by applicable EEA requirements.

 

8. Information for Residents of California: Your California Privacy Rights

If you are a California resident, the California Consumer Privacy Act (“CCPA”) may provide you with notice and other rights regarding our use of your personal information that are in addition to those set forth elsewhere in this Privacy Policy. The CCPA Notice applies to “Consumers” as defined by the law. This section describes your CCPA rights as a California Consumer and explains how to exercise those rights.

Access to Information and Data Portability Rights

You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:

• The categories of personal information we have collected about you.
• The categories of sources from which we collected your personal information.
• The business or commercial purposes for our collecting or selling your personal information.
• The categories of third parties to whom we have shared your personal information.
• The specific pieces of personal information we have collected about you.
• A list of the categories of personal information disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
• A list of the categories of personal information sold about you in the prior 12 months, or that no sale occurred. If we sold your personal information, we will explain:
• The categories of your personal information we have sold.
• The categories of third parties to which we sold personal information, by categories of personal information sold for each third party. 

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your personal information that we have collected in the period that is 12 months prior to the request date and are maintaining.

Data Deletion Rights

Except to the extent we have a basis for retention under CCPA, you may request that we delete your personal information that we have collected directly from you and are maintaining. Note also that we are not required to delete your personal information that we did not collect directly from you.

Exercising Your Rights

To make a request for access, portability or deletion according to your rights under CCPA,  mail your request to: Q Fit Connect, 3020-I Prosperity Church Road #629 Charlotte, NC 28269. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”).

 The Verifiable Consumer Request must:

•     Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
•     Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.

We will make commercially reasonable efforts to identify Consumer personal information that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.

We do not knowingly “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether our use of certain tracking technologies may constitute a “sale” of your PI as defined by the CCPA.

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your personal information as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. We do not currently engage in the type of sharing covered by that law and so no such list exists. We do not make any representations concerning third parties that do not collect personal information directly through our Services.

To find out more about our “do not track” practices under Cal. Bus. & Prof. Code § 22575, see the “Do Not Track Disclosures” section of this Privacy Policy.

For additional information on your privacy choices and rights, see Section 9 of this Privacy Policy.

9. Online Privacy Choices and Rights

Access, Edit and Delete Your Information.

If you are a resident of the European Economic Area, your rights to access, edit and delete your information can be found in Section 8. Information for Individuals in the European Economic Area section of this Privacy Policy. If you are a California resident, you rights to access, edit and delete can be found in the Section 8 (insert hyperlink) “Information for Residents of California” section of this Privacy Policy.

If you are not a resident of the EEA or California, depending on your location, you may be able to make requests to access, correct and/or delete certain personal information that you provide to Q Fit Connect. For your protection, we may require proof and verification of identity and jurisdiction of residency before we can answer the above requests. If you wish to make such a request, you may contact us at the applicable mobile application support email indicated in the “How to Contact Us” section of this Privacy Policy. If we change or delete your personal information or if you decline to actively share certain personal information with us, we may not be able to provide you with our services or some of the features and functionality of our services. Once we have verified that you own the account, we will honor such requests at our discretion and in accordance with applicable law.

Device permissions

Mobile platforms have permission systems for specific types of device data and notifications, such as camera and microphone as well as push notifications. Where applicable, you can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.

Uninstall

You can stop all information collection by the app by disabling call forwarding and deactivating your account by following the instructions on the Service’s Settings screen and then uninstalling the app using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you reinstall the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.

Email

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by the applicable mobile application support email indicated in the How to Contact Us section of this Privacy Policy. Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive transactional or administrative messages from us regarding the Services.

Location information

If you choose to opt-in, some of our apps may collect your device’s precise real-time location, and in such cases, you may be able to opt out from further allowing us to have access to such location data by managing your location preferences in the app and/or on your device.

Notice to Nevada users

Under Nevada law, Nevada residents may opt out of the “sale” of certain “covered information” (as defined under Nevada law) collected by operators of websites or online services.   We currently do not sell covered information, as “sale” is defined by Nevada law, and we do not have plans to sell this information.  However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please contact us at support@qfitconnect.com.  You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our practices change. 

International Transfers

Our services are hosted in the United States. If you choose to use our services from outside the United States, with laws governing data collection and use that may differ from United States law, note that you are transferring your personal information outside of those regions to the United States for storage and processing. We may transfer your data from the United States to other countries in connection with the storage and processing of data to operate our business. By using our services and providing personal information, you consent to such transfer, storage and processing. If you are a resident of the EEA, you can learn more about transfers outside the EEA in the Information for Residents of the European Economic Area section of this Privacy Policy.

Marketing Opt-Outs

Some of the service providers that we use to market our Services and show our ads on other websites and mobile applications may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising on the websites and mobile applications that you visit and use, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/.

10. Data Retention

Except as provided below, we may retain your personal information for the longer of three (3) years after we become aware that you have ceased using our services or for so long as we have a legitimate business need for the information or to fulfill any legal and regulatory obligations. We may retain other information that is not personally identifiable for backups, archiving, prevention of fraud and abuse, analytics, or where we otherwise reasonably believe that we have a legitimate reason to do so.

11. How We Protect Personal Information

We use various efforts intended to safeguard the security and integrity of personal information collected through our Services. Despite these measures, however, we cannot and do not guarantee that information will be absolutely safe from interception or intrusion during transmission or while stored on our system, or otherwise, and you provide information to us at your own risk.

If you correspond with us by email, text message or using Web forms like a “contact us” feature available through our Services, you should be aware that your transmission might not be secure from access by unauthorized parties. We have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. If you create an account as part of using our Services, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. Please notify us of any unauthorized use of your password or account.

If we believe that the security of your personal information in our care may have been compromised, we may seek to notify you. If we have your email address, we may notify you by email to the most recent email address you have provided us in your account profile. Please keep your email address in your account up to date. You can change that e-mail address anytime in your account profile. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your -mail account using your computer or mobile device and email application software. We may also post a conspicuous notice on our site or notify you through the mobile application. You consent to our use of email, text message and/or notification through the app as a means of such notification. If you prefer for us to use the postal service to notify you in this situation, please let us know by submitting your request at support@qfitconnect.com. You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this email address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your personal information.

12. Links to Websites and Third-Party Content

 For your convenience and information, we may provide links to websites and other third-party content that is not owned or operated by us. The websites and third-party content to which we link may have separate privacy notices or policies. We are not responsible for the privacy practices of any entity that it does not own or control. We encourage you to review the privacy policies of such third parties before providing them with any personal information.

13. Information Relating to Children

 Our services are intended for general audiences over the age of 18 years old. We do not knowingly collect information from children under the age of 18 years old. If you are not over 18 years old then DO NOT DOWNLOAD OR USE THE SERVICES. If you believe that we may have personal information from or about a child under the age of 18 years old, please contact us support@qfitconnect.com (please include your name, mailing address, and email address). Note that we’ll attempt to delete the account of any child under the age of 18 that’s reported to us as soon as possible. You are responsible for any and all account activity conducted by a minor on your account.

14. Updates to Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. When we update this Privacy Policy, we will notify you by updating the date at the top of this Privacy Policy. When required by applicable law, we may inform you by additional means, such as by sending you an email or through a notification on the website or in our mobile applications if we make material changes to how your personal information is collected, accessed or otherwise used as a result of your use of the Services or if your rights under this Privacy Policy are materially impacted by changes to our privacy practices.

15. How to Contact Us

You may contact us with questions, comments, or concerns about our services and this Privacy Policy or our privacy practices, or to request access to or correction of your information by submitting your requests or inquiries to the applicable mobile application email below.

If you live outside the EEA, you may contact us at one of the Customer Support emails below:

admin@qfitnessandwellness.net

 If you are a resident of the EEA, please contact us at support@qfitconnect.com

 If you are a resident of California, please contact support@qfitconnect.com.

OR you may write:

Q Fit Connect.

3020-i Prosperity Church Road #629

Charlotte, NC 28269

Attention: Admin Dept.