User Agreement
This Agreement is made between you (including individuals, legal entities, and other organizations) and STAYTRUE FITNESS LIMITED, the owner of the "PuroFit" software and website (hereinafter referred to as "the Company"). This Agreement applies to your use of the software and associated online services and has contractual validity. By accepting, downloading, installing, using, upgrading, logging into, displaying, or running the software, or by registering as a user or interacting with the software in any other way, you accept the terms of this Agreement. Please read all terms carefully and make sure you fully understand them.
If you are representing a legal entity or organization, you confirm that you are authorized to do so and that your acceptance of this Agreement will be binding on the entity or organization.
In accordance with legal requirements, the Company will use bold and underlined formatting within this Agreement to reasonably remind Users of obligations requiring special attention, ensuring that Users of the Software and online services (hereinafter collectively referred to as "Users" or "You") fully understand this Agreement.
The User and the Company confirm that both parties have reached an agreement on all terms of this Agreement based on equal status. If Users have any questions about this Agreement, they may inquire using the contact information published within the Software. The Company has provided Users with sufficient time and ample options to decide whether to enter into this Agreement.
Since the Company has specifically reminded Users of the legality and validity of the terms and provided appropriate contact methods for inquiries (which can be found within the interface of the Software), Users may not claim or request that a court, arbitration institution, or any other third party declare any terms of this Agreement illegal, invalid, or defective on the grounds that the Company failed to reasonably remind Users of these standard terms or failed to fulfill the obligation of explanation as requested by the User.
1. Definitions
1.1 “Company”: Unless otherwise specified in this Agreement, “Company” refers to the Company and its affiliated companies as a collective term.
1.2 “User” (or “You”): Unless otherwise specified in this Agreement, “User” (or “You”) refers to any individual, legal entity, or organization that receives, downloads, installs, uses, upgrades, logs in to, displays, runs, screenshots, or registers for this software and/or online service, or otherwise engages with the Company or the software or online service.
1.3 “Software”: Unless otherwise specified in this Agreement, “Software” refers to the mobile application operated by the Company called “PuroFit” and any subsequent software upgrades, patches, updates, and online upgrades related to it, which are compatible with iOS and Android operating systems.
1.4 “Online Service”: Unless otherwise specified in this Agreement, “Online Service” refers to the Company-operated website or services provided through the Software and the internet by the Company to Users based on the Software.
1.5 “Free Service”: Unless otherwise specified in this Agreement, “Free Service” refers to the portions of the Software and online services provided by the Company to Users free of charge.
1.6 “Paid Service”: Unless otherwise specified in this Agreement, “Paid Service” refers to the portions of the Software and online services provided by the Company to Users after the User pays a fee.
1.7 “User Account”: Unless otherwise specified in this Agreement, “User Account” refers to the identification information provided by Users to the Company to obtain the Software and/or online services. User Accounts include, but are not limited to, Users' phone numbers, email addresses, and various types of identifying information.
1.8 “Agreement”: Unless otherwise specified in this Agreement, “Agreement” refers to this current User Agreement you are reading.
1.9 “Loss”: Unless otherwise specified in this Agreement, “Loss” refers to any actual loss, indirect loss, anticipated loss of profits, or any other loss caused by one party to the other, as well as any costs incurred by the other party in protecting their rights, including but not limited to legal fees, arbitration fees, asset preservation fees, travel expenses, enforcement fees, appraisal fees, authentication fees, auction fees, notary fees, delivery fees, publication fees, attorney fees, and preliminary expenses.
2. Nature and Formation of This Agreement
2.1 This Agreement is a mutual agreement between the User and the Company, established and effective regarding the User's use of the Software and online services provided by the Company. This Agreement is contractual in nature.
2.2 Any individual, legal entity, or organization has the right to choose not to accept this Agreement and may refuse to receive, download, install, use, upgrade, log in to, display, run, screenshot, or register for the Software or online services, or refuse to otherwise engage with the Company, the Software, or online services in any way. Any individual, legal entity, organization, or User who receives, downloads, installs, uses, upgrades, logs in to, displays, runs, screenshots, registers for, or otherwise engages with the Software and/or online services is deemed to have accepted all terms of this Agreement, thus forming a binding and effective Agreement with the Company.
2.3 Users must ensure they have full civil rights capacity and civil conduct capacity as required by law. If not, Users should read this Agreement under the supervision of a parent or guardian and may only receive, download, install, use, upgrade, log in to, display, run, screenshot, or register for the Software and/or online services, or otherwise engage with the Company, the Software, or online services under the supervision of a parent or guardian.
2.4 Any new software, software upgrades, online services, or added or enhanced features to the current online services introduced by the Company are subject to this Agreement.
3. User Account
3.1 After successful registration through the Company's registration process, each user will be assigned a user account. The user may set a password for the account, and both the account and password are the responsibility of the user to safeguard.
3.2 Users are legally responsible for all activities and events that occur under their account.
3.3 Given that user accounts contain personal information about the user and/or third parties provided by the user, loss or unauthorized use of the account may result in the disclosure of personal information. Therefore, the Company strongly advises users to take measures to protect their account and password. Any losses (including damages to third parties) resulting from unauthorized use of an account or password not caused by the Company will be the responsibility of the user.
3.4 For users who pay in advance for additional services, the Company advises extra caution to protect their account and password. Any losses resulting from unauthorized use of the account or password not caused by the Company will be the user’s responsibility.
3.5 The Company may collaborate with third parties for promotional activities where third parties may send gifts or promotional materials to users. To ensure accurate delivery of these items, users should provide the Company with truthful, accurate, and valid information. The Company will not be liable if inaccurate, incorrect, or invalid information provided by the user results in delays or failure to receive gifts or promotional materials (if any).
3.6 Unless otherwise stipulated in this Agreement, the rights to services associated with a user account are non-transferable, non-giftable, and non-inheritable.
3.7 The Company protects the rights of paid users to access services. Users agree that if they have prepaid for certain services and then lose all or part of their legal capacity, the Company has the right to handle the rights and interests associated with that user account in accordance with valid legal documents (including but not limited to effective court judgments and valid wills).
3.8 After applying for or registering a user account, users may choose to proactively delete their account as needed. Users must ensure that the account being deleted belongs to them and must follow the Company’s prescribed account deletion process. The Company specifically informs users, who agree and accept, that deleting their account will result in the following consequences unless otherwise permitted by the Company:
· 3.8.1 The deleted account cannot be restored by any means.
· 3.8.2 Users will not be able to use the deleted account to access, download, install, use, upgrade, log into, display, run, or screenshot the software and/or online services, nor will they be able to use the deleted account to re-register with the software or to engage in any interactions with the Company, the software, or the online services in any other way.
· 3.8.3 Users will no longer be able to access any information or data associated with the deleted account by any means, including but not limited to name, gender, age, birth date, ID numbers or other identification documents, photos, telephone numbers, addresses, postal codes, email addresses, occupation, education level, schools attended and enrollment years, income, marital status, family details, company names, registration numbers, and registered addresses. The terms "information" and "data" mentioned here have the same meaning as outlined in this section.
· 3.8.4 Given the irreversible consequences of account deletion, the Company advises users to carefully consider their decision. The Company will not be liable for any data loss, inaccessibility, or inconvenience resulting from account deletion.
3.9 The Company also informs users that, to ensure the normal functioning of social activities and other features of the software and online services, the Company may, with user authorization, retain and use any information or data that the user provided before deleting the account. This includes any information or data provided by the user while interacting with the software or online services (e.g., downloading, installing, using, upgrading, logging into, displaying, or running the software) or during registration.
4. Service Content
4.1 The Company provides users with fitness and exercise-related training courses and guidance, as well as fitness and exercise-related knowledge, expertise, and information. Users must carefully select and use the training courses and guidance offered in this software based on their own physical conditions and health status. When necessary, users should consult a professional physician before proceeding. During training or practice, users must adjust their activities according to their current physical state and should not force themselves to meet specific training durations or results. Users assume all risks associated with voluntarily participating in training courses and guidance.
4.2 The Company provides both free and paid software and online services (if applicable). For paid services, the Company will provide a clear indication in the appropriate areas of the software and/or online services. If users do not agree to pay the fees, they may choose not to accept or use the corresponding paid services provided by the Company.
4.3 The specific content of the services provided by the Company may change based on actual circumstances. Users should accept any changes to the services provided by the Company (including both free and paid services).
5. User Rules and Obligations
5.1 When applying to use the software and online services provided by the Company, users must provide accurate information. If any information changes, users are required to update it promptly.
5.2 Users should not transfer, lend, or share their account and password with others. If a user discovers unauthorized use of their account, they should immediately notify the Company and change their password. The Company is not responsible for any losses (including losses to third parties) resulting from unauthorized use of the user’s account or password not caused by the Company; these losses shall be borne by the user.
5.3 Users agree that the Company has the right to display various types of commercial advertisements or other commercial information in different forms (including pop-ups, floating bars, plugins, etc.) during the provision of the software and/or online services. Users also agree to receive commercial advertisements or information from the Company through email or other methods.
5.4 During their interaction with the software and/or online services, including receiving, downloading, installing, using, upgrading, logging in, displaying, running, screenshotting, or registering, users must adhere to the following rules:
· 5.4.1 Comply with relevant laws, regulations, and other provisions of the user's country.
· 5.4.2 Comply with all agreements, terms, rules, and procedures of the Company.
· 5.4.3 Do not use the online service system for any illegal purposes.
· 5.4.4 Do not use the Company’s services in any way that infringes on the Company’s commercial interests, including but not limited to posting advertisements without the Company’s permission.
· 5.4.5 Do not engage in any activities through the Company’s services or systems that may negatively affect the normal operation of the internet or mobile network.
· 5.4.6 Do not use the software or online services provided by the Company to upload, display, or spread any false, harassing, defamatory, abusive, threatening, vulgar, obscene, or otherwise illegal information.
· 5.4.7 Do not infringe upon the copyrights, trademarks, patents, privacy rights, reputations, or any other legal rights of any third party.
· 5.4.8 Do not use the software or online services provided by the Company in any way that is harmful to the Company.
· 5.4.9 If any unauthorized use of the user account or security vulnerabilities are detected, the user should immediately inform the Company.
5.5 To maintain and improve the legality of the software and online services, the Company may use necessary keyword filtering technology. When users use certain specific words or phrases, the related content may be filtered (including but not limited to being modified, deleted, or blocked) and thereby unable to be sent or used. The Company reserves the right to review all information sent by users through the software and/or online services (either through automated or manual review). If any information violates this Agreement, the Company or its authorized third parties have the right to modify, delete, block, or take any other necessary measures to handle the content, including complete removal or blocking of all such information. Users understand and accept that due to the Company’s filtering technology, there may be instances where content is mistakenly modified, deleted, or blocked, or where users may be unable to use certain functions normally. In such cases, the Company bears no responsibility and is not liable for any losses incurred by the user as a result.
5.6 The Company has the right to review and supervise users’ use of all services provided (including but not limited to content stored in the software or online services and/or content sent or displayed through the software or online services). If a user violates any terms of this Agreement while using the software or online services, the Company or its authorized third parties have the right to require the user to correct the behavior or directly take any necessary actions (including but not limited to modifying or deleting user-created content, or suspending or terminating the user’s right to use the software and/or online services) to mitigate the impact of the user’s improper behavior. The Company bears no responsibility for such actions and is not liable for any losses incurred by the user as a result.
5.7 During the provision of online services, the Company may make additional statements, notifications, warnings, rules, etc., in various ways (including but not limited to website announcements, emails, text messages, and in-app notifications). These statements, notifications, warnings, or rules shall be considered part of this Agreement. By continuing to receive, download, install, use, upgrade, log in, display, run, screenshot, or register the software and/or online services, or interact with the Company, software, or online services in any other way, the user is deemed to have accepted these statements, notifications, warnings, or rules.
5.8 Users understand and accept that the Company may periodically update the software by releasing upgrades, patches, software updates, and online upgrades. During such updates, with user authorization, the Company may retrieve, collect, replace, modify, delete, and/or supplement information about the software version, data, and other related information on the user’s device. Updating the software may result in the complete replacement of the old version on the user’s device with the new version and could lead to the loss of some or all data related to the software. Such actions are part of the required steps for software updates. If the user does not agree to these operations, they should not proceed with the software update. By updating the software, the user agrees to the Company performing the operations described in this section.
5.9 Users understand and accept that some updates and/or upgrades described in section 5.8 may be essential for the software. If the user does not complete such updates and/or upgrades, they may be unable to continue using the software and/or online services. The Company is not responsible for any inconvenience, inability to use, or data loss resulting from this.
5.10 Users understand and accept that if the software and/or online services are used on two or more devices, the Company will, within its technical capabilities, strive to integrate relevant information and data across devices. However, if a user uses the same account on two or more devices, it may still result in information and/or data being spread across multiple devices. The Company assumes no responsibility for any inconvenience, inability to use, or data loss resulting from this.
6. Intellectual Property
6.1 Any text, images, graphics, audio, elements, and/or video materials included in the software and online services provided by the Company are protected by copyright, trademark, and/or other intellectual property and proprietary rights laws. Without the consent of the relevant rights holders, these materials may not be published, broadcast, rewritten, or redistributed for any commercial purpose in any media, whether directly or indirectly. Such materials or any parts thereof may only be stored on a computer or other internet-enabled device for purposes permitted by the laws of the country in which the user is located. The Company is not liable to users or any third parties for any delay, inaccuracy, error, or omission in the transmission or delivery of such materials, or for any resulting damages.
6.2 All rights to the software provided by the Company (including but not limited to any images, colors, photos, animations, videos, recordings, music, text, additional programs, help materials, layout frameworks, and interface designs within the software) belong to the Company. Users may not reverse engineer, decompile, or disassemble the software without the Company’s permission.
6.3 For any content that users upload to publicly accessible areas of the Company's software and online services with user authorization (including but not limited to personal information, personal signatures, messages, and personal space), users agree that the Company has a worldwide, free, permanent, irrevocable, non-exclusive, fully sublicensable right and license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or in part), and/or incorporate such content into any form of works, media, or technology now known or later developed.
6.4 The Company exercises reasonable and prudent efforts to protect intellectual property rights online. If the Company has reasonable grounds to believe that a user is clearly infringing on a third party's intellectual property rights or receives claims or complaints from third parties regarding intellectual property, it has the right to delete, block, or disconnect the alleged infringing content without prior notice and without liability. If users believe that their content or actions do not infringe on any third-party intellectual property rights, they may request reinstatement by providing the Company with detailed explanations and sufficient proof. The Company will evaluate the request but, even if it decides to restore the content or actions, it is not liable for any prior actions taken.
6.5 If the Company or its third-party partners have not registered the "PuroFit" graphics as a trademark, users may not register it as a trademark. If a user has applied for or registered it as a trademark, they must cooperate with the Company or its third-party partners to withdraw the trademark application or cancel the trademark registration with the relevant trademark authorities, or transfer the trademark unconditionally, completely, and irrevocably to the Company or its partners.
7. Privacy Protection
7.1 The Company respects users' privacy, and protecting user privacy is a fundamental policy of the Company.
7.2 For specific terms related to privacy protection, please refer to the Company's Privacy Policy.
8. User Spending Behavior
8.1 The Company provides paid services, allowing users to access these services after making a prepayment to the Company.
8.2 After paying the required fees, users can access the Company’s paid services. Users should consider their decision carefully before making any payment, as once payment is made, users may not request a refund for any reason (except if the Company announces the discontinuation of the software and online services altogether).
8.3 Users may receive rewards through Company activities (including online and offline events). The methods, validity periods, and scope of use of such rewards, as well as any conditions or restrictions, will be announced at the time of the activity (including but not limited to announcements on web pages, emails, text message reminders, and in-app notifications). By participating in such activities, users are deemed to accept the conditions and restrictions on the use of these rewards.
8.4 The Company and its partners reserve the right to modify or change the paid services, pricing, payment methods, service fees, and service terms as needed. Free services may also be converted into paid services. If a user who initially used the free service chooses not to pay for the service after it is converted to a paid service, they will no longer have access to that service. If the user wishes to continue using the service, they must pay the applicable fee. The Company and its partners will make every effort to inform users of such modifications or changes in an effective manner.
8.5 Images, service descriptions, or service prices displayed on the software do not constitute an offer. If a user submits a paid application to use one or more of the Company’s paid services, this application is considered an offer to use paid services. Once the Company processes the user’s application and provides the paid services, the user’s application is approved, and a contract for the use of the paid services is established between the Company and the user.
8.6 Due to the nature of software and online services, once a user’s paid application for a service is approved and the Company has provided the service, the contract for that service is deemed fulfilled, and the user’s payment will not be refunded in any form.
8.7 Users must ensure smooth network communication when using paid services. The Company is not responsible for any inability to use paid services due to network issues after payment has been made. If network issues result in a miscalculation of fees, the Company will assist the user in verifying and confirming the correct fee amount. However, users acknowledge that the verification process may take a certain period (generally around 30 business days), and during this time, the Company bears no responsibility, including no liability for interest or loss of value during this period.
8.8 Users who lack full civil rights capacity or civil conduct capacity must make purchases on the software and/or online services under the supervision of a guardian. Since such purchases are made with the guardian’s consent, the guardian may not later claim invalidity of the purchase on the grounds that the user lacked full civil rights or conduct capacity.
9. Disclaimer
9.1 Users expressly agree to assume all risks associated with using the software and online services provided by the Company. Users also assume full responsibility for any consequences arising from their use of the software and services, and the Company shall not be held liable for any such consequences.
9.2 The Company does not guarantee that the software or online services will meet users' requirements or that they will be uninterrupted. The Company does not provide guarantees regarding the timeliness, security, or accuracy of the software or online services.
9.3 The Company does not guarantee the accuracy or completeness of external links provided for user convenience. Additionally, the Company assumes no responsibility for the content on any webpages not directly controlled by the Company that these external links may lead to.
9.4 The Company is not liable for any interruptions or defects in the software or online services due to force majeure events or other causes beyond the Company’s control. However, the Company will make efforts to minimize losses and impacts on users resulting from such events.
9.5 Users agree and accept that the Company shall not be responsible for any quality defects or associated losses arising from the following products or services provided to users:
· 9.5.1 Free services provided by the Company;
· 9.5.2 Any products or services provided as gifts by the Company or its partners;
· 9.5.3 Any products or services provided to users as a supplement to paid services.
9.6 Users agree and accept that, except as otherwise stipulated in this Agreement, the Company is not liable for the following matters or situations:
· 9.6.1 Any loss or consequence arising from a user’s failure to properly safeguard their account or password, including unauthorized account use, account theft, or reduction in funds, and any resulting legal disputes;
· 9.6.2 Any legal disputes or consequences resulting from hacking, computer virus attacks, or virus outbreaks;
· 9.6.3 Any legal disputes or consequences caused by government regulations or equipment malfunctions affecting normal network operations;
· 9.6.4 Any legal disputes or consequences arising from links to other websites connected to the Company;
· 9.6.5 Any suspension, interruption, or termination of services due to the legitimate rights claims of third parties;
· 9.6.6 Any legal disputes or consequences not caused by the Company;
· 9.6.7 Any legal disputes or consequences caused by any entity other than the Company.
10. Service Changes, Interruptions, or Termination
10.1 Due to the unique nature of online services, users agree that the Company has the right to modify, interrupt, or terminate some or all of the software and/or online services (including both free and paid services) at any time. If the modified, interrupted, or terminated service is a free service, the Company is not obligated to notify users and assumes no responsibility to users or any third party. If the service affected is a paid service, the Company shall notify users in advance, and for interrupted paid services, the Company will restore and continue to provide the service within a reasonable period. For terminated paid services, the Company will offer affected users an equivalent replacement paid service.
10.2 Users acknowledge and accept that the Company may periodically inspect or maintain the platforms (such as websites or mobile networks) or related equipment used to provide the software and online services. If paid services are interrupted within a reasonable time due to such inspections or maintenance, the Company bears no responsibility but will provide advance notice as much as possible.
10.3 The Company has the right to interrupt or terminate the provision of the software and/or online services (including, but not limited to, both paid and free services), delete the user's account, and withhold any remaining funds in the account (if any), without liability to the user or any third party, under any of the following circumstances:
· 10.3.1 The user provides false information;
· 10.3.2 The user violates any terms of this Agreement;
· 10.3.3 The user fails to pay the service fee for paid services as required or uses certain means to evade payment;
· 10.3.4 The registered username violates the laws or regulations of the user's country;
· 10.3.5 The registered phone number or email address is deemed invalid;
· 10.3.6 Requested by governmental, administrative, or judicial authorities.
10.4 The Company bears no responsibility if service interruptions occur due to any of the following situations, causing the user to be unable to use the services:
· 10.4.1 During the inspection or maintenance of systems or equipment as announced on the software or related websites;
· 10.4.2 Telecommunication equipment failures prevent data transmission;
· 10.4.3 Service interruptions or delays caused by hacking, telecommunications adjustments or faults, website upgrades, or other causes beyond the Company’s control;
· 10.4.4 Situations beyond the Company's control, such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, or government actions, prevent the Company from providing services.
11. Liability for Breach
11.1 Unless otherwise stipulated in this Agreement, if the Company violates any applicable laws, regulations, or any terms under this Agreement or the Privacy Policy, resulting in losses to the user, the Company agrees to bear the liability for damages caused.
11.2 Users agree to protect and safeguard the interests of the Company and other users of the software and/or online services. If the user violates any applicable laws, regulations, or any terms under this Agreement or the Privacy Policy, causing losses to the Company or any other third party, the user agrees to bear full responsibility for such losses. If the Company has already provided compensation to other third parties, the Company has the right to seek full indemnification and/or reimbursement from the user.
12. Special Notice
12.1 Users are responsible for providing their own internet connection and equipment needed to use value-added telecommunications services, as well as covering any fees incurred from internet usage or charges from third parties (including, but not limited to, telecommunications or mobile service providers). For value-added telecommunication services, the Company recommends that users confirm related costs with their telecommunications service provider.
12.2 Users acknowledge and accept that the Company cannot control all content transmitted or displayed through the software and online services, nor can it fully monitor user behavior. Therefore, the Company does not guarantee the legality, accuracy, completeness, authenticity, or quality of any content not uploaded or sent by the Company. Users are aware that they may encounter unpleasant, inappropriate, or offensive content while using the software and online services and agree to independently judge and assume all associated risks without relying on the Company. In any case, the Company has the right to stop transmitting such content in accordance with the law and take appropriate actions, including but not limited to suspending the user's access to some or all software and/or online services, keeping relevant records, and reporting to the relevant authorities. However, the Company reserves the right (without obligation) to refuse to delete or block any content that violates these terms or causes offense to the Company or other users, at its sole discretion.
12.3 The software and/or online services may contain links to other websites or advertisements. The Company is not responsible for the content, privacy policies, operations, or actions of any third parties operating these websites. Users are advised to consider carefully and protect their own rights and safety before clicking on these links.
13. Amendments to the Agreement
13.1 The Company reserves the right to update the contents of this Agreement at any time without additional notice. The updated Agreement will be published, and once it is posted on the software, online services, or relevant webpages, it will replace the original Agreement and become part of this Agreement in its entirety. Users may log in to the Company's software, online services, or relevant webpages at any time to view the latest version of the User Agreement.
13.2 If a user disagrees with any modifications to this Agreement, they may refuse to receive, download, install, use, upgrade, log in, display, run, screenshot, register, or otherwise interact with the Company, the software, or the online services. If a user continues to receive, download, install, use, upgrade, log in, display, run, screenshot, register, or otherwise engage with the software and/or online services after modifications to this Agreement, such actions will be considered acceptance of the updated Agreement, establishing a binding Agreement with the Company in accordance with the modified terms.
14. Notices
14.1 All notifications from the Company to users under this Agreement, the Privacy Policy, and other statements, notices, warnings, and rules issued by the Company may be made via website announcements, email, text messages, in-app notifications, or regular mail. Such notifications are considered delivered on the date they are sent.
14.2 Users must send any notifications to the Company through the officially published contact information, such as the Company’s communication address, fax number, or email address.
15. Governing Law and Jurisdiction
15.1 The formation, validity, performance, interpretation, and dispute resolution of this User Agreement are governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China.
15.2 If any part of this User Agreement is found to be invalid due to conflict with the current laws of the Hong Kong Special Administrative Region, the validity of the remaining provisions shall not be affected.
15.3 All disputes related to this User Agreement shall be submitted to the People's Court in the Hong Kong Special Administrative Region, where the Company is located, for jurisdiction.