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FYYT - Terms of Service and Platform

These Terms of Service contain the rules that apply when you use the Platform (as defined below) and the FYYT Services (as defined below).

The FYYT Services are provided to Users only upon acceptance in full and without modification of all the terms and conditions set forth in these Terms and Conditions and any other operating rules, policies (in particular the Privacy Policy set forth at https://fyyt.app/privacy) and any future modifications to those rules and regulations that will be posted on the Platform and made available by the FYYT Services (collectively, the "Agreement"). Upon acceptance by User, the Agreement creates a legal relationship between User and Supplier (as defined below). If the User is acting on behalf of a legal entity or other organizational unit, particularly his/her employer or the company for which he/she works, the User is presumed to have full legal authority for such representation, and if such authority is incomplete, the User is fully responsible for such representation.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR THE FYYT SERVICE, THE USER ACKNOWLEDGES HAVING READ, UNDERSTOOD AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT REGISTER FOR THE FYYT SERVICE.

Supplier may, in its sole discretion, suspend or terminate access or use of the FYYT Services to anyone who violates the Agreement.

1. DEFINITIONS

Account The primary means for accessing and using the FYYT Services.

Customer A Trainer or Fitness Enthusiast who is a party to these Rules.

Trainer An individual, legal entity or unincorporated organizational unit that has accepted these Terms, registered using the trainer registration form, and provides or plans to provide Training Services to Fitness Enthusiasts.

Fee Trainer's regular payment to Supplier for the ability to use the FYYT Services where specified in the Terms.

Fitness Enthusiast An individual who has accepted these Terms, has registered using the fitness enthusiast registration form, was invited by the Trainer, and is using or plans to use fitness plans created by the Trainers or by himself.

FYYT Inc. Supplier FYYT Inc., a company incorporated under the laws of the United States, with its registered office in San Francisco, at 123 Fitness Street, San Francisco, CA 94103, registered in the State of California under registration number 12345678.

FYYT Materials The elements that make up the FYYT Services and the Platform, including but not limited to user interfaces, graphics, graphical design, user interaction methods and processes, algorithms, information, software source code, compiled software, organization of information.

FYYT Services The Web Site, Mobile Applications, Server, Database, Content, Platform and all content, services and/or products available on or through the Platform and provided to Trainers and Fitness Enthusiasts.

Platform The term Platform is understood to include all FYYT App components: the Web Application and Mobile Applications.

Training Services Services that support a person in fitness by assisting in planning workouts, advising on issues related to that training, providing nutritional guidance, and motivating to exercise.

Server An integrated cloud computing solution for the delivery of FYYT Services, specifically providing a Web Application, an interface connecting the Web Application and Mobile Applications to the Database, and a Database.

Database A collection of data including digital data necessary to provide FYYT Services and data collected by Users, collected in one place using a computer program designed to collect and process such data.

User An individual using FYYT Services who is a Trainer or Fitness Enthusiast, or who represents a Trainer or Fitness Enthusiast.

Web Application FYYT App running in web browsers, in particular Chrome, Safari, Firefox, Edge or Opera, available at https://my.fyyt.app/ creating the Platform and providing the FYYT Services.

Mobile Applications FYYT App mobile applications running on the Android or iOS operating system, installed through the Google Play or App Store, respectively, that make up the Platform and provide the FYYT Services.

2. THE LEGAL CAPACITY TO BE BOUND BY THESE REGULATIONS

Use of FYYT Services requires prior acceptance of these Terms. The declaration of acceptance of the Regulations requires full legal capacity and, if necessary, the necessary legal authorization. In particular, in the case of natural persons, they must be at least 18 years old, have full legal capacity or have a valid authorization for such action from their legal guardian. In the case of legal persons, the person making the declaration must be fully authorized.

The Terms are deemed accepted when a user registers and logs in to their account for the first time.

Access to the FYYT Services is prohibited without prior written consent if (i) you are an entity or represent an entity or service that competes with FYYT, (ii) to monitor the availability, speed, quality and functionality of the FYYT Services, or (iii) for other analytical or competitive uses.

Once accepted, these Terms will remain in effect until terminated as set forth herein.

3. AMENDMENTS TO THE REGULATIONS

Supplier guarantees the right to make changes to the Terms at any time to any extent. Such changes will be published on the Platform or through the FYYT Services. Such changes are binding on the User and the entity they represent as of the occurrence of the first of two events: (i) the User continues to use the FYYT Services, (ii) 30 days have passed since the publication of the amended Terms or the effective date of the amendments, if later.

4. OUR RESPONSIBILITIES

4.1 Provision of FYYT Services

Supplier will (a) make the FYYT Services available in accordance with these Terms, (b) provide standard support to Users at no additional charge, (c) use reasonable efforts to make the FYYT Services available 24 hours a day, 7 days a week, except for: (i) planned shutdowns (of which Supplier will electronically notify Users in advance), (ii) any shutdowns or unavailability beyond Supplier's control, including but not limited to those resulting from force majeure, acts of government or its agencies, floods, fire, earthquakes, protests, acts of terror, strikes, ISP errors or delays, or denial of service attacks.

4.2 Protection of User Data

Supplier will maintain administrative, physical and technical safeguards to protect the security, confidentiality and integrity of User Data. These safeguards will include, but are not limited to, measures to prevent access, use, modification or disclosure of Customer Data by Supplier personnel, except (a) to provide the FYYT Services and prevent or resolve service or technical problems, (b) when required by law or (c) in other situations specified in the Privacy Policy.

Services may be provided using equipment or facilities located in the United States. Suppliers of the Services to the Supplier process data in accordance with applicable privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) where applicable.

By accepting these Terms, the Customer grants the Supplier a general authorization to engage data processors to provide the FYYT Service. The Supplier will inform the Customer of changes to such processors in accordance with the procedure for modification of these Terms set out in section 3 of these Terms and Conditions.

List of data processors:

  • Amazon Web Services - Hosting and data backup services (server in Virginia, USA) (Privacy Shield Certified)
  • Google Cloud Platform - Data processing and analytics

5. USE OF FYYT SERVICES

5.1 Account Creation

FYYT Services may only be made available to Account holders. A user who wishes to create an account must first:

a. Complete the registration form in the Mobile Application or Web Application, and

b. Accept these Terms by checking the checkbox and clicking the "Register" button or its equivalent.

A Fitness Enthusiast can create an account by accepting an invitation from the Trainer. In such situation they use a temporary password sent to them in the email with the invitation and their email as login data. Then they must accept these Terms and enter a new password known only to themselves.

One Trainer and one Fitness Enthusiast may have only one Account each. It is permissible for one person to have both a separate Trainer account and a Fitness Enthusiast account.

5.2 Login to Account

When a Trainer or Fitness Enthusiast creates an account, they use the password they have chosen and their email as their login information (hereinafter "Login Details"). The Login Details may not be used by more than one person.

You are responsible for notifying the Supplier if your Login Credentials are lost or unauthorized accessed or used by a third party.

5.3 Deletion of an Account

The User may terminate an agreement concluded with the Supplier at any time after accepting these Terms of Use in accordance with the provisions of Section 16. Self-deletion of the Account shall be deemed a termination of the Agreement.

6. FEE

6.1 Fee from Fitness Enthusiast

The use of the basic FYYT Services by the Fitness Enthusiast is free of charge. Premium features may require subscription payments as detailed in the application.

6.2 Fee from Trainer

Trainer's use of the FYYT Services may be subject to a fee. Fees are billed on the last day of the month for monthly periods consistent with the calendar month.

6.3 Method of Fee Calculation

The Trainer's fee is calculated based on the number of Fitness Enthusiasts with whom they were connected in the FYYT App on the date of the invoice, excluding Fitness Enthusiasts inactive in the system for the last two weeks before the invoice.

Price per Fitness Enthusiast:

  • Fitness Enthusiasts 1-3: Free
  • Fitness Enthusiasts 4-20: $3 USD/month
  • Fitness Enthusiasts 21-50: $2 USD/month
  • Fitness Enthusiasts 51+: $1 USD/month

6.4 Moment of connection

The date of the connection between the Fitness Enthusiast and the Trainer is: a) For Fitness Enthusiasts who do not yet have an Account at the time of invitation by the Trainer, the day of the invitation, b) For Fitness Enthusiasts who have an Account at the time of the invitation by the Trainer, the day the invitation is accepted.

6.5 Moment of disconnection

The Fitness Enthusiast's disconnection date from the Trainer is the day on which: (a) The Fitness Enthusiast, in their profile using the Mobile Application or Web Application, clicks the "Disconnect" button next to the name of the trainer with whom they are connected, or (b) A Trainer on their list of Fitness Enthusiasts, using the Mobile Application or Web Application, selects the "Disconnect" option next to the name of the Fitness Enthusiast with whom they are connected.

6.6 Effect of Fitness Enthusiasts inactivity on number of connection days

Inactivity of a Fitness Enthusiast with whom a Trainer is connected reduces the number of connected Fitness Enthusiasts, if the Fitness Enthusiast was not active for at least 14 days before invoice was issued. Inactivity is understood as the lack of any activity in the FYYT App, including but not limited to lack of opening the application.

6.7 Other rules regarding Fee

Fee is non-refundable and Trainer shall not be able to seek a refund of Fee for any period when Trainer has not used FYYT Services or has only partially used FYYT Services.

6.8 Taxes

The Fee shall be subject to all taxes, fees and charges which, under the laws applicable in the place where Supplier and Customer are based, should be added; this particularly applies to sales tax, which is applicable in the place where Supplier is based. If the Customer, in connection with the purchase of the FYYT Service and the payment of the Fee on the basis of the regulations applicable to them, is obliged to perform certain actions, they are solely responsible for it.

6.9 Discounts

Supplier may offer rebates and discounts that will result in a reduction in the amount of Customer's Fee for a specified period of time.

6.10 Payments

Payment of Fee will be made exclusively through the Stripe service using the payment means made available by that service, which include card payment. Use of the FYYT Services to the extent of the obligation to pay Fee requires acceptance of the rules of operation and regulations of the Stripe service.

6.11 Electronic invoices

If the obligation to pay the Fee arises, the Supplier shall issue an electronic invoice to the Customer each month, which will be made available in file form via email. By accepting these Terms, the Customer simultaneously agrees to the issuance of electronic invoices to the Customer.

6.12 Payments in other currencies

For the convenience of Customers, the Platform provides the option to pay in EUR and other major currencies. Conversion into these currencies will be made according to the exchange rate determined by the FYYT Service at the end of each month.

6.13 Actions to reduce the Fee

In the event of a Supplier finding that the Trainer is taking action to avoid payment of the Fee, including but not limited to through the use of more than one account, it shall have the right to terminate the contract or take action restoring the status quo such as, but not limited to, merging several of the Trainer's accounts into one account.

7. FYYT SERVICES

7.1 Use and Scope of FYYT Services

Pursuant to these Terms, upon payment of the Fees due, if the obligation to pay the Fees arises under these Terms, Supplier grants Customer a non-exclusive, non-transferable and non-sublicensable license to use the FYYT Services, which include, but are not limited to:

a. Access to the Fitness Enthusiasts list and the ability to invite and remove Fitness Enthusiasts (for Trainers only),

b. Access to the workout calendar, where you can add training plans for selected Fitness Enthusiasts,

c. The ability to add notes to the calendar,

d. Ability to analyze workouts performed by Fitness Enthusiasts (workout data and graphs),

e. Generation of AI Fitness Coach reports using advanced language models,

f. Providing automatic integration with fitness devices and apps such as Fitbit, Apple Health, Google Fit, Strava, and others allowing easier addition of completed workouts by Fitness Enthusiasts and giving more data for analysis,

g. The ability to have conversations between the Trainer and the Fitness Enthusiast regarding workout tasks (chat),

h. Nutritional guidance and meal planning tools,

i. Progress tracking with visual charts and metrics,

j. The right to receive, to the extent reasonably possible, assistance and support from Supplier regarding the use of the FYYT Services.

7.2 Technical Support

Supplier may provide, to the extent reasonably requested by User, technical support. Supplier shall respond within 24 hours to inquiries regarding use of the FYYT Services, which shall be directed to:

a. Email: support@fyyt.app

b. Support system at: https://support.fyyt.app/

7.3 Changes and Modifications

Supplier reserves the right to modify the FYYT Services concerning all elements of the Platform, in part or in whole, without any obligation to notify Customers of these changes in advance. This applies in particular to:

a. Changes in the name, branding and appearance of the FYYT Platform and Services,

b. Discontinue providing, disable or cease further development of certain elements or functionality of the FYYT Services, temporarily or permanently,

c. Take all actions necessary to protect Supplier's rights in the event of such use of the FYYT Services that could reasonably be construed as infringement of Supplier's intellectual property rights, dissemination of Internet viruses, trojan horses, malware and other destructive or illegal activities.

Where applicable, the User may be notified of such modifications when logging into the Account or by e-mail. Modifications of which the User has been notified, in particular a change in the method of calculation of the Fee, shall be effective as of the effective date of the modification specified in the notification, not earlier than 30 days after notification.

If User does not accept the modification, User shall notify Supplier prior to the effective date of the modification, and the agreement between Supplier and Customer will terminate as of the effective date of the modification. User's continued use of the FYYT Services or any part or element thereof after the effective date of the modification will constitute acceptance of the modification. Supplier shall not be liable to User or any third party for any modification, suspension or discontinuance of the FYYT Services, or any part or element thereof.

8. DATA PROCESSING AGREEMENT

The Supplier provides the Customer with a Platform on which the User, as data controller, may collect, store and organize personal data provided between or by Trainer and Fitness Enthusiast on its own.

Supplier will process data on Customer's behalf until the FYYT Services are terminated in accordance with these Terms. Upon termination of the FYYT Services, Supplier will only retain Customer's data for a period of six months for system security reasons. Supplier deletes all personal data upon termination of the processing services and deletes existing copies, unless United States or applicable state law requires retention of personal data.

9. RESTRICTIONS

9.1 Prohibited activities

You may use the FYYT Services in whole or in part only for the purposes for which they are provided. Specifically, User is not authorized to:

a. Use the FYYT Services or any part or element thereof to commit a crime, violate any applicable law, or induce or encourage others to engage in such illegal activity,

b. Copy, reproduce, distribute, modify, adapt, hack, create derivative works from, reverse engineer, or decompile the FYYT Services or any part or element thereof, or attempt to extract the source code, except (i) as expressly permitted under applicable law and (ii) to the extent that applicable law does not permit Supplier to exclude or limit the foregoing rights,

c. Use the FYYT Services, or any part or element thereof, if it conflicts with any other provision of these Terms.

9.2 Requirement of Supplier's consent

Customer or any User shall not, without Supplier's prior express written consent:

a. Sell, resell, lease, license, sublicense, distribute, share, disclose or otherwise grant access to the FYYT Service in whole or in part to any third party,

b. Use the FYYT Services or any part or element thereof by means of programs that send automated requests to them, in particular without using the Mobile Application or Web Application, unless such program has been made available by Supplier.

10. PRIVACY

Supplier takes the privacy of its Users very seriously. The Privacy Policy, available at https://www.fyyt.app/privacy, is a part of these Terms and the relevant provisions thereof shall apply accordingly. Please read the Privacy Policy carefully, as it governs Supplier's collection, use and disclosure of Users' personal information.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Intellectual property in FYYT Services

The FYYT Services, the FYYT Materials, the trade names and trademarks of FYYT and the FYYT App, and any parts or elements thereof, are the exclusive property of Supplier. FYYT Materials are protected by copyright, trademark, patent, and trade secret laws, international conventions and treaties, and all other applicable intellectual property and proprietary rights. Supplier, its affiliates and licensors retain all right, title and interest in and to such FYYT Services, FYYT Materials, FYYT trade names and trademarks, and any and all parts or components thereof. Your use of the FYYT Services and FYYT Materials and any parts or components does not grant you any ownership or intellectual property rights therein. Any commercial or promotional distribution, publication or use of the FYYT Materials is prohibited unless you have obtained express prior written permission from Supplier. Supplier reserves all rights in the FYYT Services, the FYYT Materials, and the FYYT and FYYT App trade names and trademarks not expressly granted in the Terms.

11.2 Feedback

If User provides Supplier with error information, comments on already existing features, or suggestions for modifications to the FYYT Services or ideas for new features ("Feedback"), Supplier shall have the right to use such Feedback in its sole discretion, including but not limited to making the suggested changes to the FYYT Services. Client and User hereby grant to Supplier a perpetual, irrevocable, non-exclusive, royalty-free license under all rights necessary to incorporate, publish, reproduce, distribute, modify, adapt, prepare derivative works from, publicly display, publicly perform, use and exploit User's Feedback for any purpose. Supplier shall have the right to modify or remove any Feedback posted in public areas of the Website if, in its sole discretion, it deems such Feedback to be harmful, offensive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of the privacy of others, hateful, or otherwise unlawful.

12. THIRD PARTY SERVICES AND PRODUCTS

FYYT Services may contain links to other websites or services ("Linked Sites") solely as a convenience to Users. Unless otherwise expressly stated, Supplier does not recommend or advertise the Linked Sites or the information, materials, products or services contained on or available through the Linked Sites. Further, Supplier makes no express or implied warranties with respect to the information, materials, products or services that are contained on or accessible through Linked Sites. YOU ASSUME THE SOLE RISK ASSOCIATED WITH YOUR ACCESS TO AND USE OF THE LINKED SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THE LINKED SITES.

FYYT Services use external interfaces for the development of AI Fitness Coach analyses. Every effort is made to ensure that these analyses are accurate, however, as they are generated by third party providers and we have no influence over their final content, you acknowledge and agree that the Supplier is in no way responsible for the performance or damage caused by these services. WE RECOMMEND THAT YOU TAKE SPECIAL CARE WHEN USING CONTENT MARKED AI, WHERE THE USER IS AT THE EXCLUSIVE RISK OF USING THIS CONTENT.

Any content identified as being provided by the community is provided by third parties and is not developed or maintained by Supplier. By using any code or libraries designated by the community in your software, you acknowledge and agree that Supplier is in no way responsible for the operation of or damage caused by such code or library.

13. DISCLAIMER; NO WARRANTY

UNLESS EXPLICITLY STATED OTHERWISE BY THE SUPPLIER, FYYT SERVICES, FYYT MATERIALS AND ANY CONTENT, SERVICES OR FUNCTIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FYYT SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUPPLIER DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, IN PARTICULAR, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY AND RELIABILITY.

INSOFAR AS THE SUPPLIER DOES NOT EXPLICITLY GUARANTEE THAT THE FYYT SERVICES AND ANY CONTENT OR FUNCTIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FYYT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND THAT FAULTS WILL BE CORRECTED, OR THAT THE FYYT SERVICES AND ANY CONTENT, SERVICES OR FUNCTIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FYYT SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNLESS EXPLICITLY STATED OTHERWISE BY THE SUPPLIER, THE SUPPLIER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE PLATFORM, FYYT SERVICES, FYYT MATERIALS OR OTHER RELATED SITES.

IN THE EVENT THAT THE LAW APPLICABLE TO YOU DOES NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. RELEASE FROM LIABILITY

You agree to indemnify and hold Supplier and its officers, employees and agents harmless from any and all claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of the FYYT Services, FYYT Materials, representations made to Supplier, third parties, violation of these Terms, infringement of another person's or entity's rights, or breach of the foregoing representations, warranties and covenants.

15. LIMITATION OF LIABILITY

15.1 No Liability

Supplier shall not be liable to User for any consequences arising from:

a. Changes to these Terms, changes to the method of calculating Fees, changes to the FYYT Services, FYYT Materials or any part or element thereof, including errors, permanent or temporary interruption, discontinuance, suspension or other unavailability of the FYYT Services or FYYT Materials,

b. The deletion, corruption or inability to store any data,

c. The disclosure, loss or unauthorized use of User Login Details due to User's failure to maintain confidentiality,

d. User's use of FYYT Services using browsers other than those approved or supported by Supplier,

e. User's use of the FYYT Services with mobile devices that lack original factory security features (e.g., jailbroken) or that use non-factory operating systems or other system overlays,

f. Mobile device operating system errors that prevent the use of FYYT Services or the use of unsupported versions of operating systems,

g. The Supplier's application of any preventive measures against the User, in particular if the User has committed a crime or violated applicable law by using FYYT Services or any part thereof,

h. Differences between the technologies and platforms used for access, e.g., if certain features, functions, parts or elements of the FYYT Services are designed to be used on a personal computer or laptop and do not work on mobile devices or tablets, particularly if they require the appropriate screen size, amount of operating memory.

15.2 Limitation of liability

SUPPLIER'S AGGREGATE LIABILITY TO CUSTOMER ARISING UNDER THE AGREEMENT BETWEEN THEM ARISING OUT OF ACCEPTANCE OF THESE TERMS AND CONDITIONS OR CLAIMS RELATING TO THE PERFORMANCE OF THAT AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER FOR FYYT SERVICES DURING THE SIX MONTHS PRECEDING THE FIRST EVENT OUT OF WHICH LIABILITY AROSE. THE FOREGOING LIMITATION SHALL APPLY WHETHER THE ACTION IS IN CONTRACT OR IN TORT AND REGARDLESS OF THE TYPE OF LIABILITY, BUT SHALL NOT LIMIT THE CUSTOMER'S OBLIGATION TO PAY FEE IN ACCORDANCE WITH THE "FEE" SECTION ABOVE.

15.3 Exclusion of Liability for Other Damages

NEITHER PARTY WILL BE LIABLE FOR ANY LOST PROFITS, GOODWILL, PUNITIVE DAMAGES OR OTHER DAMAGES OR COMPENSATION, WHETHER IN CONTRACT OR TORT AND REGARDLESS OF THE TYPE OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT NOT PERMITTED BY LAW APPLICABLE TO THE LEGAL RELATIONSHIP BETWEEN CUSTOMER AND SUPPLIER.

16. TERMINATION OF THE AGREEMENT

16.1 Termination for convenience

A contract between Supplier and Customer created by acceptance of these Terms may be terminated upon written notice to the other party as provided in the "Notices" section below:

a. By User at any time by logging into the Account and clicking on the "Delete Account" button,

b. When Customer pays fee for the Service using a Stripe account, by Customer cancelling the billing agreement on its Stripe profile,

c. By Supplier if Customer is not using FYYT Services for more than six months,

d. By Supplier upon its decision to terminate the FYYT Services and close the Platform,

e. Immediately by either party in the event of the commencement of liquidation or bankruptcy proceedings of the other party or the making of a settlement with the creditors of the other party or an assignment for the benefit of creditors on behalf of the other party.

16.2 Termination for default

A contract between Supplier and Customer created by acceptance of these Terms may be terminated for failure to comply with the Terms upon written notice to the other party as set forth in the "Notices" section below:

a. By either party in the event of a breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of notice from the non-breaching party,

b. Immediately by either party if the other party violates Section 11 [Intellectual Property Rights] of these Terms.

16.3 Effect of termination

Upon termination of the contract between Supplier and Customer:

a. The Supplier will deactivate and permanently delete the Account, within six months from the date of termination. If the Customer has expressly requested earlier deletion of the Account, the Supplier will comply with such request within 1 month of receipt.

b. The user will be required to:

  1. Discontinue use and prevent further use of the FYYT Services,
  2. Pay any amounts due to the Supplier under these Terms.

c. Upon termination, the provisions of these Terms that allow the Supplier to assert its rights against the Customer, as well as provisions related to the protection of intellectual property rights, shall remain in effect.

16.4 Remedies

If Supplier terminates these Terms pursuant to provisions of Terms, Supplier shall be entitled to apply the same or similar measures against other persons who use FYYT Services in violation of these Terms. Notwithstanding the foregoing, Supplier may also apply any other preventive measures available to Supplier under applicable law. Following the application of any measures, Customer or User may lose access or suffer loss of certain features, functions, parts or elements of the FYYT Service.

If the Supplier has reasonable grounds to believe that the User's use of the FYYT Services, may cause harm to third parties, the Supplier has the right to take appropriate measures to prevent, contain and eliminate the harm in order to protect these third parties.

17. APPLICABLE LAW

17.1 Governing law and jurisdiction

In the event of a dispute or claim arising out of or relating to these Terms, the parties will attempt to resolve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party shall be entitled to seek all available remedies, including the legal remedies set forth below. Notwithstanding the foregoing and subject to the Terms, either party may seek a court judgment with respect to any disputed matter to the extent permissible under applicable law. If an amicable resolution between the parties is not possible, the dispute shall be finally resolved in court or by arbitration, subject to the conditions set forth below.

All matters relating to these Terms and Conditions (and any other rules, policies or guidelines expressly incorporated herein) that are not expressly addressed in these Terms shall be governed by the laws of the State of California, without giving effect to any principles of conflicts of law.

Use of the FYYT Services is not permitted in any jurisdiction that does not give effect to all provisions of these Terms.

Notwithstanding the foregoing, Customer and Supplier agree that nothing herein shall be deemed a waiver, exclusion or other limitation of either party's right to (i) take enforcement action through appropriate authorities, if available, (ii) seek injunctive relief, or (iii) file suit in court to settle claims of intellectual property infringement.

18. FINAL PROVISIONS

18.1 Relationship of the parties

The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary or any other form of legal association between Customer and Supplier, and User will not make any representation to the contrary, whether expressly or by implication or otherwise.

18.2 Severability

If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

18.3 Entire Agreement

These Terms and the documents expressly incorporated herein, such as, but not limited to, the Privacy Policy, constitute the entire agreement between Customer and Supplier regarding Customer's use of the FYYT Services and supersede all prior and contemporaneous agreements, offers or representations, written or oral, relating to its subject matter. Except as otherwise provided herein, no modification, amendment or waiver of any of the provisions hereof shall be effective unless in writing and signed by the party against whom such modification, amendment or waiver is to be applied.

18.4 Assignment

You may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign your obligations and rights under theses Terms without the prior written consent of Supplier. Any attempted assignment without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, Customer or its successors or assigns may assign all of its rights and obligations hereunder without consent:

(1) to an entity controlled by or under common control with you or your assignees, or

(2) in connection with a merger, conversion, reorganization, transfer, sale of assets, change of control or ownership of you or your assignees.

18.5 No Waiver

Failure of either Party to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of such provision.

18.6 Notices

Except as otherwise provided herein, all notices will be in writing and effective on:

(a) personal delivery,

(b) the third business day after dispatch by mail or

(c) on the date sent by email to the email address you use as your profile email address ("Customer Email Address"), except for notices of termination or compensable claims (hereinafter "Legal Notices"). Notices sent by email will be directed to the Customer Email Address.

18.7 Language Versions

These Terms of Use have been drafted in the English language. In case of doubt as to interpretation, the English version shall prevail.

Last updated: April 20, 2025.