TERMS OF USE

Last revised on July 24, 2023

The terms (“us”, “we”, the “Company” or “Fitters”) refer to WRK.house and its associated founders and staff related to the Fitters mobile application. 

1. Acceptance of Terms of Use Agreement

By creating a Fitters account, (the “Service”) you agree to be bound by 

(i) these Terms of Use, 

(ii) our Privacy Policy, and

(iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

Changes may be made to this Agreement and to the Service without notice. This may be done for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

2. Eligibility

You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:

(i) You are at least 18 years of age;

(ii) You can form a binding contract with Fitters;

(iii) You agree to maintain the security of your account by not sharing your access credentials with others; 

(iv) You understand that you are responsible for all data charges you incur by using the Services;

(v) You take responsibility for all activities that occur under your account and accept all risks of unauthorized access;

(vi) You are not a person who is barred from using the Service under the laws of the Canada or any other applicable jurisdiction;

(vii) You will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and

(ix) You have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

3. Your Account

You are responsible for maintaining the confidentiality of your login credentials for Fitters, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please contact Fitters immediately.

4. Modifying the Service and Termination

Fitters may occasionally add product features or enhancements occasionally as well as remove features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before removing them. Fitters maintains the right to suspend the Service entirely, including not giving advance notice within extenuating circumstances, such as safety or security concerns.

You may terminate your account at any time, for any reason. Please be aware that you will need to manage any in-app purchases through app store accounts to avoid any additional billing. Fitters may terminate your account at any time without notice if it believes that you have violated this Agreement. 

5. Your Interactions with Other Members

Fitters encourages respectful member behaviour through its user experience model. Fitters is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.

Fitters does not make warranties or make representations of the conduct of its members. You understand that Fitters does not conduct Background checks on its members. You are solely responsible for your interactions on Fitters. 

6. Rights 

Fitters grants you use and enjoyment of the Service’s benefits as intended by Fitters and permitted by this Agreement. Any authorization to access the Service may be revoked in the event any of the following is observed or conducted by you: 

1. Use the Service or any content contained in the Service for any commercial purposes without consent of Fitters; 

2. Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Fitters prior written consent;

3. Express or imply that any statements you make are endorsed by Fitters;

4. Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

5. Use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service;

6. Upload viruses or other malicious code or otherwise compromise the security of the Service;

7. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service;

8. "frame" or "mirror" any part of the Service without Fitters prior written authorization;

9. Use meta tags or code or other devices containing any reference to Fitters or the Service (or any trademark, trade name, service mark, logo or slogan of Fitters) to direct any person to any other website for any purpose;

10. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so;

11. Use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent;

12. Use, access, or publish the Fitters application programming interface without our written consent.

13. Probe, scan or test the vulnerability of our Service or any system or network;

14. Encourage or promote any activity that violates this Agreement;

Fitters may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

7. Rights You Grant Fitters

By creating an account, you grant to Fitters a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content") as well as any information you authorize us to access from third parties. Fitters license to your Content shall be non-exclusive, except that Fitters license shall be exclusive with respect to derivative works created through use of the Service. In addition, You authorize Fitters to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Fitters members).

You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to Fitters.

You understand and agree that we may monitor or review any Content you post as part of the Service. We may delete any Content, in whole or in part, that in Fitters sole judgment violates this Agreement, may harm other users, or may harm the reputation of the Service. 

When communicating with other users or Fitters staff, you agree to be respectful and kind. If Fitters feels that your behavior towards other users or employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.

In consideration for Fitters allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Fitters regarding our Service, you agree that Fitters may use and share such feedback for any purpose without compensating you.

Please be informed that Fitters may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: 

(i) comply with legal process; 

(ii) enforce the Agreement; 

(iii) respond to claims that any Content violates the rights of third parties; 

(iv) respond to your requests for customer service; or 

(v) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules

By using the Service, you agree that you will not:

• Use the Service for any purpose that is illegal or prohibited by this Agreement.

• Use the Service for any harmful or nefarious purpose

• Use the Service in order to damage Fitters

• Spam, solicit money from or defraud any members.

• Impersonate any person or entity or post any images of another person without his or her permission.

• Bully, "stalk", intimidate, assault, harass, mistreat or defame any person.

• Post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.

• Post any Content that is hate speech, threatening, sexually explicit or pornographic.

• Post any Content that incites violence; or contains nudity or graphic or gratuitous violence.

• Post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.

• Use another member's account, share an account with another member, or maintain more than one account.

• Create another account if we have already terminated your account, unless you have our permission.

Fitters reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Fitters regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. In the event that you violate these rules or this Agreement, your authorization to use the Service will be automatically revoked.

9. Other Members Content

Although Fitters reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it. Fitters cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our customer service email. 

10. Purchases

Fitters may offer products and services for purchase ("in app purchases") through the App Store, Google Play Store, direct billing or other payment platforms authorized by Fitters. If you choose to make an in app purchase or a periodic subscription, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Fitters or the third party account, as applicable, to charge you.

All purchases made through the service are final and non-refundable. The provision of purchases for use in the Service commences immediately upon the acceptance of your purchase. You acknowledge that Fitters is not required to provide a refund in respect of purchases for any reason, and that you will not receive money or other compensation for unused purchases when an account is closed, whether such closure was voluntary or involuntary.

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. Exceptions are at the sole discretion of Fitters. 

11. Third Party Services

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Fitters is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through Fitters Service, such party's terms will govern their relationship with you. Fitters is not responsible or liable for such third parties' terms or actions.

12. Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit your takedown request via the customer service email.  

• Please provide the location and description of the copyrighted work that you claim has been infringed, 

• A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

13. Disclaimers

Fitters provides the service on an “as is” and “as available” basis. To the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Fitters does not represent or warrant that:

(i) the service will be uninterrupted, secure or error free;

(ii) any defects or errors in the service will be corrected; or 

(iii) that any content or information you obtain on or through the service will be accurate

Fitters takes no responsibility for any content that you or another member sends or receives through the Service. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.

14. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Fitters, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: 

(i) your access to or use of or inability to access or use the service, 

(ii) the conduct or content of other members or third parties on, through, or following use of the service; or 

(iii) unauthorized access, use or alteration of your content, even if Fitters has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

15. Indemnity by You

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Fitters, any affiliates, respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

16. Entire Agreement

This Agreement, and any other terms disclosed and agreed to by you, including if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Fitters regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Fitters account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Fitters in any manner.