*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using MyFitClients("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Nesesho Inc. your use of MyFitClients indicates your acceptance of this license MyFitClients agreement and warranty.
Subject to the terms of this Agreement, Nesesho Inc. grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use MyFitClients in accordance with this Agreement and any other written agreement with Nesesho Inc.. Nesesho Inc. does not transfer the title of MyFitClients to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Nesesho Inc. and the purchasers or users of MyFitClients.
If you do not agree to be bound by this agreement, remove MyFitClients app from your smart phone now and, if applicable, promptly return to Nesesho Inc. by email or mail any copies of MyFitClients and related documentation and packaging in your possession.
Payment processing services for Nesesho Inc. on MyFitClients are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a account holder on MyFitClients, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of MyFitClients enabling payment processing services through Stripe, you agree to provide MyFitClients accurate and complete information about you and your business, and you authorize MyFitClients to share it and transaction information related to your use of the payment processing services provided by Stripe.
MyFitClients and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole. For information about redistribution of MyFitClients contact Nesesho Inc..
Your license to use MyFitClients is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of MyFitClients.
You shall use MyFitClients in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of MyFitClients together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of MyFitClients may be used on one single computer or smart phone or smart tablet location by one user. Use of MyFitClients means that you have loaded, installed, or run MyFitClients on a computer or similar device. If you install MyFitClients onto a multi-user platform, server or network, each and every individual user of MyFitClients must be licensed separately.
You may NOT make any copies of MyFitClients for backup purposes. Other users may not use your copy of MyFitClients . The assignment, sublicense, networking, sale, or distribution of copies of MyFitClients are strictly forbidden without the prior written consent of Nesesho Inc.. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of MyFitClients. If any person other than yourself uses MyFitClients registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile MyFitClients. Nor can you create any derivative works or other works that are based upon or derived from MyFitClients in whole or in part.
Nesesho Inc.'s name, logo and graphics file that represents MyFitClients shall not be used in any way to promote products developed with MyFitClients . Nesesho Inc. retains sole and exclusive ownership of all right, title and interest in and to MyFitClients and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of MyFitClients, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Nesesho Inc..You will indemnify, hold harmless, and defend Nesesho Inc. , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Nesesho Inc.'s Software.
In no event (including, without limitation, in the event of negligence) will Nesesho Inc. , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, MyFitClients or the use or inability to use MyFitClients or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Nesesho Inc.'s entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Nesesho Inc.) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Nesesho Inc..
Except as expressly stated in writing, Nesesho Inc. makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Canada therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of MyFitClients and destroy all copies of MyFitClients supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY MyFitClients AS WELL.
You agree that Nesesho Inc. may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to MyFitClients may also use this information to provide notices to you which may be of use or interest to you.
Nesesho Inc. reserves the right to limit your login attempts, or suspend Service to you without further notice.
We may change, suspend or discontinue any aspect of Nesesho Inc. at any time, including the availability of any feature, database and/or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Where these changes or suspensions would amount to a complete termination of the Services.
Continued use of the Application and/or Services may require a download of new releases of software with different functionality and that may have different licence terms.
We will do our best to offer you a smooth service, but we give no guarantees that Nesesho Inc. will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services, at innerspace_support@Nesesho.com and we will attempt to correct the fault as soon as we reasonably can.
We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software bugs being fixed by us and may have other issues affecting availability and functionality.
Free/Trial/Beta Services offered by Nesesho Inc. may in its sole discretion offer free, trial or beta Services from time to time at no charge. Any free, trial or beta Services are provided “AS IS” with no warranties of any kind and Nesesho Inc. may discontinue any free, trial or beta Services with or without notice and without any further obligations to you. Nesesho Inc. will have no liability for any harm or damages suffered by you or any third party in connection with any free, trial or beta services.
You will ensure that your Affiliates and End Users comply with all of the provisions of this Agreement, including any Supplemental Terms and acceptable use policies provided or made available by Nesesho Inc, and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Services.
You are also responsible for ensuring that you have the appropriate rights to interact and/or contact End Users through the Services, as applicable, in accordance with applicable laws and regulations.
Unauthorized access and maintaining your network(s) prevent unauthorized access to, or use of, the Services, and notify Nesesho promptly of any unauthorized access or use and have sole responsibility for obtaining, maintaining and paying for any hardware, telecommunications, Internet and other services needed to use the Services.
We may reject or require that you change any user name or password under your account. User names and passwords are for internal business use only and may not be shared with any third party, including any competitor.
Nesesho Inc. and their contents are not targeted to minors (those under the age of 18) and we do not intend to sell any of our products or services to minors. However, we have no way of distinguishing the age of individuals who access our products and services. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact Nesesho Inc. and all information pretaining to this minor(s) will be removed from our system.
You agree to pay Nesesho an Subscription Fees and any other applicable fees stated on an Order Form. All payment obligations under this Agreement are non-cancelable and all fees paid are non-refundable. You will provide MyFitClient App with valid and updated credit card information or another form of payment. If you provide credit card information, you represent that you are authorized to use the card and you authorize Nesesho to charge the card for all payments as needed. By submitting payment information, you authorize Nesesho to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by Nesesho/MyFitClients for purposes of acknowledging or completing any payment.
Any amount not received by Nesesho within 14 days after the due date and Nesesho will be entitled to either suspend the Services.
If you believe a payment has been processed in error, you must provide written notice to Nesesho Inc. within fourteen (14) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by Nesesho within such fourteen (14) day period, the payment will be deemed final.
Fees do not include any taxes, levies, duties or similar governmental assessments of any nature. You are responsible for paying all Taxes associated with purchases and transactions under this Agreement. If Nesesho is legally required to pay or collect any Taxes on your behalf, Nesesho will invoice you and you will pay the invoiced amount. You acknowledge that we may make certain reports to tax authorities.
We will make the Software Service available to you on a twenty-four hour, seven days a week (24x7) basis at a rate of 99% (“Uptime Requirement”).
If the Service fails to meet the Uptime Requirement during a Measurement Period. You may receive a credit to your account as follows: (Service Availability and Credits)
If you believe the Uptime Requirement has not been met in a Measurement Period, in order to receive a credit you must send a request via email to app_support@nesesho.com no later than fourteen (14) days after the end of the applicable Measurement Period. The email must include dates, times and descriptions of each instance of downtime, and any supporting calculations.
To be eligible you must maintain a paid subscription in good standing for a minimum of twelve (12) consecutive months. Credits will be applied to future services only, and any unused credits will be non-refundable. Beta and trial services are excluded from credits.
Maintance Schedule are not apart of this SLA and hereby does not obtain an credit during periods of maintance.
We employ commercially reasonable security methods to prevent unauthorized access to our products, to maintain data accuracy and to ensure the correct use of the information we hold.
For registered users, your Registration Information and Account Information (if any) can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a single computer or smart phone or smart tablet with others, you should not choose to save your log-in information (e.g., user ID and password) on that shared devices. Remember to sign out of your account when you have finished your session.
No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect the information we hold for you, we cannot guarantee the security of any information you transmit to us and you do so at your own risk.
Any changes to this Privacy Policy will be communicated by us posting an amended and restated Privacy Policy on the Sites. Once posted on the Sites the new Privacy Policy will be effective immediately. You agree that any information we hold about you (as described in this Privacy Policy and whether or not collected prior to or after the new Privacy Policy became effective) will be governed by the latest version of the Privacy Policy.
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to and we will try to resolve your concerns.