Last Updated: October 11, 2023

OxeFit, Inc. (“OxeFit”, “we”, “our” or “us”) wants you to understand how we collect, use, and disclose personal information. This Privacy Policy describes our practices with personal information that we collect and our approach to privacy and it applies to information we collect when you access or use our websites ,including https://www.oxefit.com and associated websites (collectively, the “OxeFit Sites”), the OxeFit Web Portal, and OxeFit mobile applications, including Android and iOS (collectively, the “Apps”, and together with the OxeFit Sites, and OxeFit Web Portal, the “OxeFit Platform”) or our fitness equipment that you may have purchased (the “Products”) from us or an authorized reseller. This Privacy Policy also applies to information we collect when you interact with us, including through email or other customer support channels and on social media.

Please read the entirety of this Privacy Policy before accessing or using the OxeFit Sites, the OxeFit Platform or the Products. By accessing or using the OxeFit Sites, the OxeFit Platform, or the Products, you are agreeing to the collection, transfer, manipulation, processing, storage, disclosure, and other uses of your personal information as described in this Privacy Policy and to be bound by its terms.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. The Last Updated heading at the top of this page is designated to inform you of when this Privacy Policy was last revised. Changes become effective when we post the revised Privacy Policy on the OxeFit Sites, the OxeFit Platform, or the Products. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you access or use the OxeFit Sites, the OxeFit Platform, or the Products after the updated Privacy Policy is posted on any of these locations. We encourage you to check the OxeFit Sites and OxeFit Platform regularly to learn about changes to the Privacy Policy.

CONTENTS

COLLECTION OF INFORMATION

How we collect personal information

How we collect other information

What personal information we collect

What other information we collect

USE OF COOKIES

USE OF INFORMATION

Use of personal information

Disclosure of personal information

Choices about how we use and disclosure information

ACCESSING AND CORRECTING YOUR INFORMATION

CHILDREN UNDER THE AGE OF 18

DO NOT TRACK SIGNALS

LOCATION-SPECIFIC RIGHTS

DATA SECURITY

COLLECTION OF INFORMATION

How we collect personal information

We collect information from various sources such as:

• The OxeFit Sites,

• The OxeFit Platform and the Products, which may include:

  • Repetition counts, the amount of force you generate while using the Products, the amount of time you spend on the equipment, biometric data which includes a 3D model of your form when using the Products, user created workouts, video recordings of your workout (virtual mirror), and balance data

  • Optional profile data you provide to personalize your experience such as first and last name, email address, height, weight, gender, and profile picture

  • Data required for application functionality, such as custom workouts, workout schedules, goals, preferences, favorite workouts and trainers, and exercise history and statistics,

• Our Social Media pages,

• HTML formatted email messages that we send to you,

We collect several types of information from and about users of the OxeFit Platform and Products. This information includes browsing information, payment information, or any other such information that can directly or indirectly identify an individual (“Personal Information”). In some circumstances, you do not need to provide us Personal Information to use the OxeFit Platform or Products.

How we collect other information

Any information that does not reveal your specific identity or does not directly relate to an identifiable individual is considered other information (“Other Information”).

We and our service providers may collect Other Information in a variety of ways, including:

• Through your browser or device: Certain information is collected by most browsers or automatically through your computer, mobile phone, or other device, such as your Media Access Control (MAC) address, operating system, and the use of the Internet browser type and version.

• Apps usage data: When you download and use the Apps, we and our service providers may collect information and files that have been downloaded and uploaded to the Apps.

• Cookie Usage: When you visit the OxeFit Sites, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. When you visit the site again, the cookie allows the site to recognize your computer. Cookies may store user preferences and other information. You can choose whether to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the OxeFit Sites. Unless you have adjusted your browser setting so that it refuses cookies, our system will issue cookies when you direct your browser to an OxeFit Site.

• Web Beacons or Tracking Pixels: Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons or Tracking Pixels (sometimes referred to as ‘clear gifs’). Web Beacons collect only limited information that includes a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. Tracking Pixels may also be used when a user visits an OxeFit Site or opens an OxeFit email and is used to track certain user activities. With a Tracking Pixel, we may acquire data for online marketing, web analysis, or email marketing. We may also carry Web Beacons and Tracking Pixels placed by third party advertisers.

• Analytics: We use third-party analytics services like Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the OxeFit Sites.

We may also collect information about your use of the OxeFit Platform and the Products and associate it with your Personal Information. This may include: information about your workouts, such as resistance used, number of repetitions performed, dates, times, duration, frequency and regularity of your workouts, and information transmitted by third-party devices with whom you choose to connect and share data.

What Personal Information we collect

Creating an account on the OxeFit Platform and the Products may require you to provide the following types of Personal Information:

• Name

• Postal address (including billing and shipping addresses)

• Telephone number

• Email address

• Credit and debit card number

• Username or profile name

• Equipment use history and metrics associated with your profile

• Profile picture

• Personal Information from your social media accounts that you share with OxeFit when connecting your accounts with us

• Family members and users that use the OxeFit Platform and the Products

• Users or members that you connect and interact with through the OxeFit Platform and the Products and information pertaining to your interactions

What other information we collect

Other Information we collect may include:

• Browser type and version

• Mobile application phone type, version, and OS

• IP address

• OxeFit Platform and Products usage data

• Information collected through cookies, pixel tags, and other technologies

• Demographic information that does not reveal your specific identity, or information that has been aggregated in a manner that does not reveal your identity

• Software application version

• Device identification number

We may combine Other Information with Personal Information. If we do such a combination of information, it will be treated as Personal Information.

User Contributions

You may also provide information to be published or displayed (posted) on public areas of the OxeFit Platform or the Products or transmitted to other members or third parties (collectively, “User Contributions”). Your User Contributions are made available to others at your own risk. Although you may set certain privacy settings for such information in your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other members with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized third parties.

USE OF COOKIES

We use cookies and similar tracking technologies to collect and use Personal Information about you, including for analytics purposes and to provide interest-based advertising. You may opt out of the use of cookies by electing to do so when prompted on the OxeFit Sites.

USE OF INFORMATION

Use of Personal Information

We and our service providers may use Personal Information to:

• Respond to your questions, fulfill your requests, complete your purchases, and provide you with related customer support,

• Send information to you, such as changes to our Terms and Conditions of Sale and Terms of Service, policies, and marketing information,

• Personalize your experience on the OxeFit Sites and help you facilitate social sharing functions,

• Personalize your use of the OxeFit Platform and the Products by customizing workouts or other content,

• Facilitate social sharing functionality that you choose to use, or

• Inform business operations of OxeFit (e.g., data analysis, audits, fraud monitoring and prevention, improving and developing products).

In addition, we and our service providers may use Personal Information in any other way we may describe when you provide the information and for any other purpose with your consent.

Disclosure of Personal Information

We share Personal Information with the following categories of third parties:

• Service Providers – Our trusted third-party service providers carry out activities at our direction, including website hosting, data analysis, payment processing, order fulfillment, customer service, email delivery, auditing, and other services.

• Equipment Owner – When you log in to your account on the OxeFit Platform or the Products that you do not own, your Personal Information may be shared with the Equipment Owner.

• Social Media – By connecting your OxeFit Platform account with your social media account, you authorize OxeFit to share information with your social media account provider and understand that the use of that information is governed by the social media site’s privacy policy.

• Legal Authorities – We may share Personal Information with public and government authorities to protect and defend our legal rights and those of others.

• Potential or Actual Buyer or other Successor – In the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of OxeFit’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information is transferred, we may share Personal Information with the potential or actual successor.

We may also share Personal Information:

• For the purpose for which you provide it.

• To enforce or apply our Terms and Conditions of Sale or Terms of Service or other agreements, including for billing and collection purposes.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of OxeFit, our customers, or others.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

Choices about how we use and disclose information

We do not control the collection and use of your information by third parties described above in disclosure of Personal Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information as strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your Personal Information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

ACCESSING AND CORRECTING YOUR INFORMATION

If you have registered an account with us, you can review and change your Personal Information by logging into the OxeFit Platform or Products and visiting your account profile page. You may also send us an email at privacy@oxefit.com to request access to, correct or delete any Personal Information that you have provided to us. In some cases, we cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the OxeFit Platform or the Products, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other OxeFit Platform users. Proper access and use of information provided on the OxeFit Platform and the Products, including User Contributions, is governed by our Terms of Service.

CHILDREN UNDER THE AGE OF 18

While we welcome children under the age of 18 to use the OxeFit Platform and Products with parental supervision, no one under age 16 may provide any information directly to us through the use of the OxeFit Platform or Products. We do not knowingly collect Personal Information from children under 16. If you are under 16, do not use or provide any information to us through the OxeFit Platform or Products or through any features of the OxeFit Platform or Products, register an account to use the OxeFit Platform or Products, or provide any information about yourself to us. If we learn we have collected or received Personal Information from a child under 16 without parental consent, we will delete that information. If you believe we might have any information from a child under 16, please contact us at privacy@oxefit.com.

DO NOT TRACK SIGNALS

We may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

LOCATION-SPECIFIC RIGHTS

The laws in some jurisdictions may provide you with additional rights (including additional disclosures) regarding our use of your Personal Information. If you believe this Privacy Policy fails to comply with any such laws (or additional rights or obligations thereunder) applicable to you, please contact us at privacy@oxefit.com.

DATA SECURITY

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Your credit and debit card payment information is secured in accordance with the requirements of the Payment Card Industry Data Security Standard (PCI-DSS). When you provide your payment card information for payments, our payment processor, and not OxeFit, stores your payment card information and OxeFit will only receive and store a unique representation of your payment card called a “token” that identifies you with our payment processor in order to process your payments.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the OxeFit Platform and the Products, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about providing information in public areas of the OxeFit Platform and the Products such as message boards and social media platforms. The information you share in public areas may be viewed by any user of the OxeFit Platform and the Products. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the OxeFit Platform and the Products. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we use in the OxeFit Platform and the Products.

THIRD-PARTY SERVICES

This Privacy Policy does not address privacy practices of any third parties, and we are not responsible for practices of any third parties. Please review third-party privacy policies to understand how they handle your Personal Information.

If you have any questions about this Privacy Policy, contact us at privacy@oxefit.com.

Last Updated: October 11, 2023

This Intellectual Property and DMCA Policy (this “Policy”) of OxeFit, Inc. and its affiliates (“OxeFit”, ”we”, “our”, or “us”) sets forth additional requirements, guidelines, rights and licenses with regard to our intellectual property and the intellectual property of others. This Policy applies to our licensees, developers, Members, customers and other parties that wish to use our intellectual property. We respect the intellectual property rights of others and ask that you do the same and that you adhere to this Policy and the Terms of Service. Any capitalized terms used in this Policy, but not defined here, have the meanings assigned to such terms in the Terms of Service.

The OxeFit name, logos, service marks, trademarks, designs, trade names, and trade dress (collectively, "Trademarks") are our exclusive property, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that will cause confusion as to our endorsement or affiliation of any product, person, brand or service. Nothing contained on the OxeFit Platform, the Products, in content created by us or for us or in this Policy should be perceived as the grant of any license or right to use the Trademarks or any other intellectual property without our express prior written consent.

We own the OxeFit Platform, the Content, Trademarks, (copyrights, patents, and any other audio-visual or static content, audio, material, photographs, illustrations, graphics, code, software, data, features, images, and information displayed on or otherwise made available through the OxeFit Platform or the Products, other than content that has been licensed to us by third parties (collectively, "OxeFit IP"), which includes all intellectual property and proprietary rights. The OxeFit Platform is only for your personal, non-commercial use unless you are explicitly granted authorization by OxeFit in writing (as defined below in the “Authorized Use of OxeFit Intellectual Property” section).

Any other trademarks appearing on the OxeFit Platform or Products are trademarks of their respective owners. Our partners or service providers may have additional proprietary rights in the content that they make available through the OxeFit Platform. All rights not expressly granted in this Policy or the Terms of Service are reserved.

Authorized Use of OxeFit Intellectual Property

Only OxeFit and its authorized licensees may use the Oxefit IP, Content and Trademarks in any advertising, promotional, or marketing materials of any kind, or for any other commercial purpose without our prior express written consent. Any such approval by us is a “Permitted Use”.

Except as authorized as a Permitted Use, you may not reproduce, use, copy, modify, download, license, sell, transfer, delete, reproduce, or create derivative works of any OxeFit IP. In all situations, including when a Permitted Use is authorized by us, OxeFit retains all ownership of the OxeFit IP, and nothing in this policy grants a license, transfers any ownership, or conveys any other rights in the OxeFit IP, to any other party.

Any Permitted Use must at all times be made in accordance with a written agreement between us and licensee and must adhere to the following requirements, unless otherwise agreed in writing:

• The OxeFit IP, Content and/or Trademarks are not modified or combined with other marks in any way, including, but not limited to, changing the color, ratio, audio, audio-visual, font, or materials captured or contained therein.

• Includes any and all attributions as required by us.

• The "OxeFit" word mark appears less prominently than the name of your service or product.

• The Permitted Use presents OxeFit, the OxeFit IP, the Content, and our brand, products, and services in a favorable light.

• Any reference to us, the Content and/or our products and services must not appear to endorse or show affiliation between us, the Content, and/or our products and services and you or your products and services.

• The Trademarks or the OxeFit name (including any abbreviations or variations of the OxeFit name) are not part of licensee’s product or service name or domain names or websites.

Copyright Infringement

Per the Digital Millennium Copyright Act (the “DMCA”), OxeFit will respond expeditiously to claims of copyright infringement on the OxeFit Platform if submitted to OxeFit's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, OxeFit will take action it deems appropriate within its sole discretion, including termination of access for repeat infringers of copyright-protected content and the removal of the allegedly infringing materials.

If you believe that your intellectual property rights have been violated by OxeFit or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed;

2. A description of where the material that you claim is infringing is located on the OxeFit Platform;

3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not OxeFit, can contact you;

4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;

5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and

6. Your electronic or physical signature.

You may submit this information, or any counter-notice, via:

• Email, with the subject line "Copyright Notices" to copyright@oxefit.com

• Certified Mail:

OxeFit, Inc.

Attn: Copyright Agent

2800 N. Dallas Parkway, Suite #340

Plano, TX 75093

OxeFit may request additional information before removing any allegedly infringing material. In the event OxeFit removes the allegedly infringing materials, OxeFit will immediately notify the person responsible for posting such materials that OxeFit removed or disabled access to the materials. OxeFit may also provide the responsible person with your email address so that the person may respond to your allegations.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information.

Return and Restock Policy

Search Tags: Return an XS1, Return an XP1, Return an OxeFit, Return my device, Return a product.

This Return and Restocking Policy (the "Return Policy") governs your rights to a refund of the price and certain other related changes you ("End User", "you" or “your”), the original non-commercial purchaser, paid for Products you purchased from OxeFit, Inc., a Delaware corporation ("OxeFit”, “we”, “our” or “us").  This Return Policy describes the terms and conditions under which we will refund certain amounts paid by you for Products and an initial Membership purchased with the Product.  This Return Policy does not apply to any other Memberships purchased, including, but limited to, renewals, add-on or standalone Memberships. We reserve the right to change this Return Policy at any time and the Return Policy in effect at the time of your Product purchase shall apply. Capitalized terms not defined here have the meaning defined in the Terms and Conditions of Sale or Terms of Service.

If the Product you purchased is not performing to specifications or you are not satisfied with the Product, you may return the Product for a refund, subject to your notification to us at https://www.oxefit.com/contact or at support@oxefit.com within 30 days of delivery of the Product.  Proof of purchase and delivery date must accompany the notification and are subject to validation by us. 

The Product must be returned in good, working condition, in the original packaging, and with all accompanying manuals, parts, and accessories. Should the Product not be in good working condition, is damaged, or there are missing manuals, parts or accessories there may be additional fees incurred. 

After we have received and inspected the Products and any related items and components, we will issue a refund to you.  This refund will be in the amount of the original purchase price and related charges and taxes less the cost of the return shipping, a 15% restocking fee and any adjustments related to missing items or damage referred to above.   The refund will be paid to your original method of purchase. If you paid with check or cash, the refund will be issued from the corporate office by a corporate check.  

No refunds will be issued unless we receive your notification, as referred to above, within thirty (30) days of the date of delivery and satisfactory proof of purchase and delivery.