Terms Of Use

Fitsifu's products and services are provided by Alphapod Sdn Bhd (871970-T). These Terms of Service ("Terms") govern your access to and use of Fitsifu's website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

1. Using Fitsifu

a. Who can use Fitsifu

You may use our Products only if you can form a binding contract with Fitsifu, and only in compliance with these Terms and all applicable laws. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

b. Our license to you

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

c. Commercial use of Fitsifu

If you want to use our Products for commercial purposes, you must first obtain prior written approval from Alphapod Sdn Bhd.

d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make Fitsifu more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Fitsifu does not waive any rights to use similar or related Feedback previously known to Fitsifu, or developed by its employees, or obtained from sources other than you.

2. Security

We care about the security of our users. While we work to protect the security of your content and account, Fitsifu cannot guarantee that unauthorized third parties will not be able to defeat our security measures.

3. Third-Party Links, Sites, and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Fitsifu. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Fitsifu, you do so at your own risk and you agree that Fitsifu will have no liability arising from your use of or access to any third-party website, service, or content.

4. Termination

Fitsifu may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 4-10 of these Terms.

5. Indemnity

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Fitsifu and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, or (b) your breach of any of these Terms.

6. Disclaimers

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

Fitsifu specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

7. Limitation of Liability

To the maximum extent permitted by law, fitsifu shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from

  1. Your access to or use of or inability to access or use the products;
  2. Any conduct or content of any third party on the products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or
  3. Unauthorized access, use or alteration of your transmissions or content.

8. Arbitration

For any dispute you have with Fitsifu, you agree to first contact us and attempt to resolve the dispute with us informally. If Fitsifu has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Kuala Lumpur Regional Centre for Arbitration ("KLRCA").

9. Governing Law and Jurisdiction

These Terms shall be governed by the laws of Malaysia, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Kuala Lumpur, for any actions not subject to Section 10 (Arbitration).

Our Products are controlled and operated from Malaysia, and we make no representations that they are appropriate or available for use in other locations.

10. General Terms

Notification Procedures and changes to these Terms. Fitsifu reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

11. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fitsifu without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

12. Entire Agreement/Severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Fitsifu in connection with the Products, shall constitute the entire agreement between you and Fitsifu concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

13. No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fitsifu's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Last updated on 29 November, 2017