Last updated: April 8, 2025
These Terms of Service (the "Terms") govern your access to and use of the mobile app "Somos-Fit" (the "App") and the website https://www.somos-fit.com (the "Website") operated by Tumba-Web ("we", "our" or "Somos-Fit").
By accessing or using the App and/or the Website, you agree to be bound by these Terms. If you do not agree with all the terms and conditions of this agreement, then you may not access the App or use the Website.
By using the App and/or the Website, you confirm that you are of legal age under the laws of your jurisdiction and that you have the legal capacity to accept these Terms. If you are using the App or the Website on behalf of an organization, you warrant that you have the authority to accept these Terms on behalf of that organization.
Somos-Fit is a fitness app and website designed to help you reach your health and wellness goals through various features, including workout tracking, exercise plans, activity logging and potentially other fitness-related features.
User Account: To access certain features of the App, you may need to create an account. You are responsible for maintaining the confidentiality of your username and password, and for all activity that occurs under your account. You agree to provide accurate and complete information when creating your account and to keep it up to date.
Acceptable Use: You agree to use the App and Website in accordance with these Terms and all applicable laws and regulations. You will not use the App or Website for any illegal purpose or one prohibited by these Terms.
Restrictions. You may not:
User Responsibility: You are solely responsible for the content (text, photos, videos, etc.) that you post, upload, share or transmit through the App or Website ("User Content").
License to Somos-Fit: By posting User Content, you grant us a non-exclusive, transferable, sublicensable, royalty-free and worldwide license to use, display, distribute, modify, perform, copy or create derivative works of that User Content in connection with operating and improving the App and Website.
User Rights: You warrant that you have all rights necessary over the User Content you post and that such content does not infringe the rights of third parties.
Content Removal: We reserve the right to remove or modify any User Content at any time and for any reason, without prior notice.
The App, the Website and all of their content (including, but not limited to, text, graphics, logos, icons, images, audio clips and software) are the property of Somos-Fit or its licensors and are protected by intellectual property laws. You are granted no right or license with respect to such intellectual property, except the limited right to use the App and Website in accordance with these Terms.
THE APP AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP OR WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. ANY ADVICE OR INFORMATION YOU OBTAIN THROUGH THE APP OR WEBSITE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES) RESULTING FROM YOUR ACCESS TO OR USE OF THE APP OR WEBSITE, OR YOUR INABILITY TO ACCESS OR USE THEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE APP OR WEBSITE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US (IF ANY) TO USE THE APP OR WEBSITE IN THE LAST TWELVE (12) MONTHS.
