Terms & Conditions

Thank you for using our website FitMaxOnline(the “Site”).

We are a subscription service that provides our members with access to our IQ improvement services streamed over the Internet to certain Internet-connected TVs, computers and other devices (“Media Devices”).

These Terms of Service (“Terms” or “Terms of Service”), together with the Privacy Policy available at: Privacy Policy, form the legally binding agreement between you (“You”, “your” or “User”) and us in relation to your use of our services as defined below and website available at: FitMaxOnline

BY ENTERING TO, ACCESSING OR USING THE WEBSITE OR ITS SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS INCLUDING THE TERMS OF OUR PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THEM. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE WEBSITE OR ITS SERVICE AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, VIEW, ACCESS OR USE THE WEBSITE OR ITS SERVICES IN ANY MANNER WHATSOEVER. YOU MUST BE OVER 18 YEARS OF AGE OR OLDER IN ORDER TO USE THIS WEBSITE.

By using our Services, you are agreeing to these terms. Please read them carefully.

Service. The Site and the Service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith are offered under the terms and use stated in this Terms of Use (these “Terms”) together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the “Agreement”). By using the Site and/or the Service, either as a Member User, a recipient of an e-mail from a registered user, or the user of the Provider (“you” or “your”), you agree to the Agreement. You agree the Agreement is a binding contract between you and Provider. If you do not wish to be bound to these Terms, then immediately stop using the Site and the Service.

The Agreement You agree that no contract or agreement is formed and you have no rights to the Service, unless and until Provider has agreed to provide you the Service. You agree that Provider may amend or modify the Agreement at any time, without prior notice. The changes become effective immediately upon posting such amended or modified terms on the Site or if provider otherwise notifies you of such amended or modified terms. You agree that, if you use the Site and/or the Service after Provider so posts or provides such notice of such amendments or modifications, you have accepted the Agreement as amended or modified. If you do not accept and abide by such amended or modified Agreement, you should not use the Site or the Service. We may refuse any application to use the Services for any reason whatsoever.

License.

Provider is pleased to grant you a non-exclusive limited license to use the provider Services, including accessing and using our virtual assistant services through the Site, for personal, non-commercial purposes as set forth in these Terms.

The Service and any content viewed through the Service are for your personal and non-commercial use only. During your membership we grant you a limited, non-exclusive, non-transferable, license to access the Service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

The availability of the Content will change from time to time, and from country to country. The quality of the IQ improvement software may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Provider makes no representations or warranties about the quality of your instant watching experience on your display.

Trials

Your membership may start with a $2.90 trial. You will have a (5) day period to enjoy for $2.90 a Service Subscription or as otherwise specified during registration (“Trial”). Your premium account subscription period, will begin when successfully completing your payment details during the registration process, unless another membership is chosen after the payment details completion. The monthly subscription fee is $84.00

Once the Trial had passed and provided you did not cancel the Service subscription, then your Service subscription will be automatically renewed with the agreed basis billed (“Renew Fee”), until cancelled according to the procedure set forth in the Cancelation Clause. Notwithstanding, if your payment card (“Card”) or your bank account, for any reason does not accept the Renew Fee charge we would try to charge it again (“Second Charge Attempt”).

Billing

By starting your membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the provider service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information).

Prices for each product are listed on the Website (see prices) and include the applicable Sales Tax. We reserve the right to offer, under our own commercial criteria, discounts, or other promotion (hereinafter, “Promotion”) to You through the Website. Promotional offers or changing fees shall be properly marked and identified as such, and will display the previous price and the offer price. By agreeing to these Terms You acknowledge that the amount billed may vary from each Subscription Period, which may include differing amounts due to promotional offers or changing fees. You will be notified by us through email regarding such fees adjustments (“Fees Adjustments”). In order to continue using the Service Subscription following the Fees Adjustments, You must expressly agree to the adjustment in price for the Service Subscription or any other Content. You may not use the Service Subscription if You do not accept such new Terms and in such case You may cancel the Service Subscription, according to the procedure set forth in Cancellation Clause herein. We will send You by email a copy of the new Terms accepted by You.

The membership fee for our service will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership.

Form of payment: Fees shall be paid by Credit card (Visa, Master Card and Discover). In case the client isn’t satisfied with the provided service, refund will be issued for the last payment.

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the Service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Provider, within the limits allowed by law, is not responsible for any inconveniences or damages caused by usage of the particular Payment Method, especially delays or impossibility to make payment. In such case you should complain about those services to their provider, in the manner provided by their terms and use.

6. Cancellation

You may cancel your membership at any time and you will continue to have access to the Service through the end of your monthly billing period. Please note that you must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. To cancel your account you may go to your account settings and choose cancel account.

You may also call us at 18445674220 (we offer 24-7 support Monday – Sunday) or email us at: [email protected]

If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period -this means that you will have continued access to the Site for the remainder of that period, but you will not receive a refund.

Any suspension, termination or cancellation will not affect your obligations to provider under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Refunds: At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Provider will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. Upon any termination or suspension, any content, materials or information (including user submissions or translated content) that you have submitted on the site or that which is related to your account may no longer be accessed by you. Furthermore, Provider will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Provider is concerned with your security and protects you from fraud. In the event of a charge to your account that you do not recognize, have not authorized, and that is not related to yourself neither directly nor indirectly, Provider will reimburse you for the full amount. In case you experience a fraudulent charge on your account, please contact our support team by phone, skype or email.

Phone – 18445674220 (we offer 24-7 support Monday – Sunday)

Email – [email protected]

7. Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

You are entitled to complain for the Services. Any complaints shall be send to the e-mail address: [email protected] with short description of reasons of the complaint. Each received complaint shall be considered within 24 Hours, and you shall be informed about the outcome of its investigation.

8. Your responsibilities

You and other users must use the provider Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the provider Services, Content and embedding restrictions detailed above, and further agree that you will not access the Site or use the provider Services in a way that:

uses technology or other means to access, index, frame or link to the provider Services (including the Content) that is not authorized by provider (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the provider Services);

uses the provider Services to advertise or promote services that are not expressly approved in advance in writing by provider;

introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

involves accessing the provider Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the provider Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;

damages, disables, overburdens, impairs, or gains unauthorized access to the provider Services, including provider’s servers, computer network, or user accounts;

collects personally identifiable information in violation of provider’s Privacy Policy;

encourages conduct that would constitute a criminal offense or give rise to civil liability;

removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the provider Services (including the Content);

violates these Terms or any guidelines or policies posted by provider;

interferes with any other party’s use and enjoyment of the provider Services;

attempts to do any of the foregoing.

Accordingly, you undertake that:

You (enduser) will use Content for personal, private use only (and not for any direct or indirect commercial purpose);

you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Content or part of the means by which we stream the Content to you.

you will not, and will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Content;

9. Suspension/Discontinuation

We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the provider Services (including the Content and the devices through which the provider Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that provider may do so in provider’s sole discretion. You also agree that provider will not be liable to you for any modification, suspension, or discontinuance of the provider Services, although provider may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if provider terminates your account or suspends or discontinues your access to provider Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

10. Copyright

All Content are owned by provider (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. The materials may not be used except as provided for in these Terms, and any other relevant terms and use provided to you without our prior written permission.

You acknowledge and agree that certain Content provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you have discovered that your copyright efforts have also been used in a manner that is legally considered to be a trademark infringement, kindly supply Lead-Switch B.V. intellectual property Administrator the written information specified below.

A digital or actual physical signature of the individual sanctioned implement with respect to the owner of the trademark interest;

An outline of the protected work which you believe has been infringed upon;

An account of where the information that you assert is infringing is located on the Site;

Your address, telephone number, and e-mail address;

A statement from you that you have a good-faith belief that the disputed use is not sanctioned by the copyright proprietor, its agent, or the law;

A statement by none other than, made under penalty of perjury, that the above important information in your notice is detailed and also that you are the trademark owner or allowed to operate on the trademark owner’s behalf.

Any such claims should be sent to Lead-Switch B.V. Intellectual property Administrator as shown below: Copyright Administrator Email address: [email protected]

11. Trade marks

Provider, the provider logo and all other provider product or service marks are trademarks of provider All other trademarks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.

12. Force Majeure

Provider will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Provider infrastructure or connectivity to the internet or failure at an provider co-location facility (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, provider will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that provider may reasonably require to recover from the effects of such Force Majeure Event.

13. Governing Law.

These Terms of Use shall be governed by and construed in accordance with the laws of Amsterdam , The Netherlands.

14.Customer Support.

To find more information about our service and its features or if you need assistance with your account, please visit our customer support Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

15. Electronic Communications

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

16. Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. PROVIDER AND ITS SUPPLIERS PROVIDE THE SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL: MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, PROPERLY STORED OR DELIVERED, ACCURATE, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH MATERIAL.

17. Billing

Trials

Once the Trial had passed and provided you did not cancel the Service subscription, then your Service subscription will be automatically for $84.00 per month renewed with the agreed basis billed (“Renew Fee”), until cancelled according to the procedure set forth in the Cancelation Clause. Notwithstanding, if your payment card (“Card”) or your bank account, for any reason does not accept the Renew Fee charge we would try to charge it again (“Second Charge Attempt”).

Billing

By starting your membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee of $84.00 at the then current rate, and any other charges you may incur in connection with your use of the provider service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information).

We/Us refers to: Lead-Switch B.V.

with registered office in: Nassaukade 157, 1053 LK Amsterdam, The Netherlands

If You wish to contact Lead-Switch B.V. in relation to the Website You can do so by e-mailing Us to [email protected]

Class Action

By agreeing to these Terms & Conditions, THE CUSTOMER and Website each waive the right to participate in a class action.