Terms of Service

PLEASE CAREFULLY READ THIS LEGAL DOCUMENT. OxeFit, Inc. (“OxeFit”, “we”, “our”, or “us”), designs products and applications that improve human performance. These Terms of Service (“Terms”) govern your use of the services provided on or through our websites including https://oxefit.com (collectively, the “OxeFit Sites”), the OxeFit software, OxeFit mobile applications (including Android and iOS (“Apps”)), OxeFit memberships, and other OxeFit services (collectively, referred to as “OxeFit Services'' or “the Services”). These Terms are also subject to OxeFit’s Terms and Conditions of Sale. The Terms and Conditions of Sale is available at https://oxefit.com/. These Terms, the Terms and Conditions of Sale, together with the terms of the warranty described in the OxeFit Limited Warranty included with your purchase, and, if applicable, the OxeCare Extended Warranty all make up the “Agreement”. You should also review our Privacy Policy, which governs the processing of all personal data collected from you in connection with your purchase and use of our Products, and the OxeFit Membership Terms, which governs your use of our Services when you become a member. By registering as a member or by browsing, visiting, or using the OxeFit Services in any way, you (as a “user”) accept and agree to be bound by these Terms and our Privacy Policy, which forms a binding agreement between you and OxeFit. Please note that we reserve the right to change this Agreement at any time. Capitalized terms not defined in these Terms may be defined in other portions of the Agreement.

You must accept these Terms to create an OxeFit account or to use OxeFit Services. If you do not have an account, you accept these Terms by visiting https://oxefit.com/ or using any part of the OxeFit Services. If you do not wish to be bound by these Terms, you may not access or use OxeFit Services.

WHO MAY USE OXEFIT SERVICES?

Age Requirement. You must be at least 18 years old to become a Member (any individual who holds an OxeFit account). You must be at least 18 years old to form a binding contract to purchase an OxeFit membership subscription and become a Membership Holder (as defined in the OxeFit Membership Terms). The Products and Services are designed for use by individuals aged 18 and up. To use the Products and Services, you represent and warrant that you are at least sixteen (16) years old and meet the following criteria:

Have been cleared to participate by a medical provider;
If you are under the age of 18 or otherwise considered a minor in the jurisdiction that you live in, have permission to participate from your parent or legal guardian who will provide supervision;
Abide by all Safety Information and instructions in the applicable user manual provided with your Product (as defined in the Terms and Conditions of Sale) or Services; and
Use reasonable care and safety precautions at all times while using any Product or Services, including that you rest, hydrate, and modify any exercise as needed.

We may, in our sole discretion, refuse to offer the OxeFit Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. A parent or guardian of a minor is fully responsible for the actions and omissions of their minors’ use of the Products and Services. The OxeFit Services are revoked where these Terms or use of the OxeFit Services is prohibited or conflicts with any applicable law, rule, or regulation. Further, the OxeFit Services are offered for your personal use only and are not for commercial use unless supplemented by commercial terms.

OWNERSHIP OF THE OXEFIT SERVICES.

Our ownership of the App and your rights to use the App is governed by the terms of the Mobile Application End User License Agreement (EULA). Without limiting anything in the Mobile Application EULA, all right, title, and interest in and to the OxeFit Services are the property of OxeFit, or its licensors or suppliers, as applicable. The OxeFit Services are protected by the United States and international copyright and trademark laws. The contents of the OxeFit Services, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the OxeFit Services (“Materials”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by OxeFit. You may not frame or utilize framing techniques to enclose, or deep-link to, any name, trademarks, service marks, logo, Materials, or other proprietary information (including images, text, page layout, or form) of OxeFit without our express written consent.

LICENSE TO USE OXEFIT SERVICES.

License. Your use of the App is governed by the Mobile Application EULA. Subject to your compliance with these Terms, and subject to the restrictions set forth below, and solely for so long as we permit you to access and use OxeFit Services, OxeFit grants you a limited, non-transferable, non-sublicensable, non-assignable, non-exclusive, revocable license to access and use the OxeFit Services for your own personal, non-commercial purposes unless supplemented by commercial terms. This license includes the right to view Content (defined in subsequent sections) available on the OxeFit Services, provided you do not alter, mask, or remove any copyright, trademark, and other proprietary notices. The foregoing license will remain in effect unless you violate the Terms of this license or if you or OxeFit terminates this license.

Restrictions. Except as expressly permitted in writing by an authorized representative of OxeFit, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the OxeFit Services, nor will you take any measures to interfere with or damage OxeFit Services. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal use of the OxeFit Services, including the use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by OxeFit in these Terms are reserved.

MEMBERSHIP REQUIREMENTS REGISTRATION.

To enjoy full access to OxeFit Services, you must register as a member and enter into a separate subscription agreement for access to our growing library of live and on-demand classes. The OxeFit Membership Terms also govern your Membership. You must provide complete and accurate registration information to OxeFit, complete the Membership process, and notify us if any of your information changes. If you fail to keep your OxeFit account information up to date, we may have to suspend or terminate your Membership.

TERM; TERMINATION; ACCOUNT DELETION.

Term. These Terms begin on the date you first purchase any OxeFit Services and continue as long as you have an OxeFit account with us and/or continue to use the OxeFit Services.

Termination. OxeFit may, in OxeFit’s sole discretion, suspend, disable, or delete your account, block or remove any User Content (defined below) that you submitted, for any lawful reason, including if OxeFit establishes that you have violated these Terms or that your conduct or User Content would tend to damage OxeFit’s reputation or goodwill. If OxeFit deletes your account, you may not re-register or use OxeFit’s Services under any other username or profile. OxeFit may block your access to the OxeFit Services to prevent re-registration. If OxeFit suspends, disables, or deletes your account for any reason, you must immediately cease use of all OxeFit Services, and these Terms shall simultaneously terminate.

Account Deletion / Effect of Termination. Upon termination of these Terms, all licenses granted by OxeFit will immediately terminate.

User Content. For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available by OxeFit through the OxeFit Services, and (ii) "User Content” means any content that you (or an authorized user on your behalf) upload, transmit, submit, provide, or make available through OxeFit Services.

As between you and OxeFit, you represent that you own (or have all rights necessary to grant OxeFit the rights below) all User Content and that OxeFit will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant OxeFit a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from the User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in the User Content. You further grant all users of the OxeFit Services permission to view the User Content. If you make suggestions to OxeFit or through the OxeFit Services about improving or adding new features or products to any OxeFit Services, or you otherwise provide feedback, or product or service reviews or testimonials, you hereby grant OxeFit a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the OxeFit Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

You agree to defend, indemnify and hold OxeFit harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by OxeFit arising out of any User Content.

OXEFIT’S ENFORCEMENT RIGHTS.

You agree not to do any of the following:

Post, upload, publish, submit, or transmit any User Content or engage in any activity that:

infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading, or deceptive;
is defamatory, obscene, pornographic, vulgar, or offensive;
promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
exploits minors; or
promotes illegal or harmful activities or substances;
involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
impersonates any person, or misrepresents your identity or affiliation with any person or organization; and
gives the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

Download and/or install any third-party software and/or application on any OxeFit hardware (excluding assistive technologies that are necessary for your own use of the OxeFit Service, such as screen-readers) that is not expressly permitted by OxeFit in writing;
Use, display, mirror, or frame the OxeFit Services or any individual element within the OxeFit Services, OxeFit’s name, any OxeFit trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without OxeFit’s express written consent;
Access, tamper with, or use non-public areas of the OxeFit Service, OxeFit’s computer systems, or the technical delivery systems of OxeFit’s providers;
Attempt to probe, scan or test the vulnerability of any OxeFit system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by OxeFit or any of OxeFit’s providers or any other third party (including another user) to protect the OxeFit Service or Content;
Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the OxeFit Service;
Attempt to access, scrape or search the OxeFit Service or Content or download Content from the OxeFit Service, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by OxeFit or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation;
Use any meta tags or other hidden text or metadata utilizing an OxeFit trademark, logo URL, or product name without OxeFit’s express written consent;
Use the OxeFit Service or Content, or any portion thereof, for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by OxeFit;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the OxeFit Service or Content;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the OxeFit Service or Content to send altered, deceptive, or false source-identifying information;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the OxeFit Service;
Collect or store any personally identifiable information from the OxeFit Service from other users of the OxeFit Service without their express permission;
Alter, replicate, store, distribute or create derivatives from the Content available via the OxeFit Service except as expressly permitted in writing by OxeFit;
Copy, use, index, disclose or distribute any information or data obtained from the OxeFit Service, whether directly or through third parties (such as search engines), without OxeFit’s express written consent;
Access, use, or exploit the OxeFit Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with OxeFit or the OxeFit Service;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

GEOGRAPHIC RESTRICTIONS.

The OxeFit Services are based in the United States and provided for access and use only by persons located in the United States and selected countries. You acknowledge that you may not be able to access all or some of the OxeFit Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. You acknowledge and agree not to access or use the OxeFit Services if you are located outside of the United States or selected countries.

LINKS TO OTHER SITES.

OxeFit makes no representations whatsoever about any other website that you may access through the OxeFit Services. When you access a non-OxeFit website, please understand that it is independent from OxeFit, and that OxeFit has no control over the content on that website. In addition, a link to a non-OxeFit website does not mean that OxeFit endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the OxeFit Services, you do this entirely at your own risk.

THIRD PARTY CONTENT, SOFTWARE, AND APPLICATIONS.

Our Services may include content provided by third-parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all responses to questions and other content, other than content provided by OxeFit, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of OxeFit. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by third parties.

SAFETY WARNINGS AND DISCLAIMERS.

THE OXEFIT SERVICES OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR MEDICAL PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM. DO NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR RECOMMENDATIONS OF ANY KIND. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE OXEFIT SITE OR HEARD OXEFIT SERVICES. THE USE OF INFORMATION PROVIDED THROUGH OXEFIT SERVICES IS NOT MEDICAL OR HEALTHCARE ADVICE.

NOTHING STATED OR POSTED ON ANY OF THE OXEFIT SITES OR AVAILABLE THROUGH ANY OF THE OXEFIT SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL CARE. THE OXEFIT SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, OXEFIT MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS WITH REGARD TO THE SERVICES. OXEFIT DOES NOT WARRANT THAT ACCESS TO OR USE OF THE OXEFIT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE OXEFIT SERVICES WILL BE CORRECTED. THE OXEFIT SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE OXEFIT SERVICES, RELATED SERVICES, AND LINKED WEBSITES. OXEFIT DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.

FURTHER, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS, AND NUTRITIONAL ADVICE PRESENTED IN THE OXEFIT SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE OXEFIT SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO RELEVANT MATERIAL.

In becoming an OxeFit user, with the intent of using OxeFit Products and Services, you affirm that (A) all of the following statements are true:

you have never felt chest pain when engaging in physical activity;
you have never lost your balance because of dizziness and you have never lost consciousness;
you do not have a bone or joint problem that could be made worse by a change in your physical activity;
your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
you do not know of any other reason you should not exercise; or
(B) your physician or medical provider has been specifically consulted by you and approved your use of the OxeFit Products and Services. If applicable, you further affirm that you do not have any other medical conditions prohibiting your use of this device.

OxeFit reserves the right to refuse or cancel your Membership or otherwise suspend or terminate your use of and access to the OxeFit Services if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

Information about You and Your Use of the Services. All information we collect through your use of the Services is subject to our Privacy Policy. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Intellectual Property Usage and Reporting Infringement. OxeFit respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the OxeFit Services or any Content or User Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the DMCA Policy for directions on how to report it.

INTERPRETATION; SEVERABILITY; WAIVER.

Interpretation. In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

Severability. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

Waiver. If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

CHANGES TO THESE TERMS OF SERVICE.

We may update these Terms at any time at our sole discretion. If we do so, we will let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the applicable OxeFit Sites and/or through the OxeFit Services. Modifications will be effective on the date that they are posted to the applicable OxeFit Sites or OxeFit Services. It is important that you review the Terms whenever we update them before you use the OxeFit Services. If you continue to use the OxeFit Services after we have posted updated Terms, you agree to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, you may not use the OxeFit Services anymore. Because the OxeFit Services are evolving over time, we may change or discontinue all or any part of the OxeFit Services, at any time and without notice, at our sole discretion.

ENTIRE AGREEMENT.

These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the OxeFit Site:

Privacy Policy
OxeFit Membership Terms
Limited Warranty
OxeCare Extended Warranty (if applicable)
DMCA Policy

YOUR COMMENTS AND CONCERNS.

To ask a question or comment about our Services, please contact us at:

https://www.oxefit.com/contact or:

OxeFit, Inc.

2800 N. Dallas Parkway,

Suite #340 Plano,

TX 75093 USA

Search

How can we help?