Please read the following Application (App) Terms and Conditions carefully before using this Application, so that you are aware of your legal rights and obligations with respect to Rockstar Fit Services ("Rockstar Fit"), provided by Rockstar Fit ("ROCKSTAR FIT").
If you do not accept these Application Conditions, please leave the Application immediately.
ROCKSTAR FIT reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Application at any time.¬† ROCKSTAR FIT may also impose limits on certain features or restrict your access to parts or the entire Services or Application without notice or liability. ROCKSTAR FIT may from time to time vary or amend these Application Conditions by posting the amended Application Conditions at this Application.¬† Any use of the Services after the amendment of these Application Conditions will be deemed to be acceptance of the amended Application Conditions by you. ¬†
If you do not agree to the amended Application Conditions, you have the right to terminate your Subscription and/or cease using the Services.
Application and Services
The Application is owned and maintained by ROCKSTAR FIT.
ROCKSTAR FIT may offer one or more of the following ROCKSTAR FIT services on or through this Application (each a "Service" and collectively the "Rockstar Fit Services"):
The whole or any part of the programmes known as ROCKSTAR FIT Programs, ROCKSTAR FIT Loyalty Programs, or by such other names as may be given by ROCKSTAR FIT¬†from time to time; and Any other features, content or applications that ROCKSTAR FIT¬†may offer on or through the Application from time to time in its sole and absolute discretion.
You acknowledge and agree that to access and use certain Services, you will be required to register as a Subscriber and/or Member.¬† Additionally, you shall be bound to comply with the Subscription and/or Membership conditions in addition to these Application Conditions.
Content Use Conditions
You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Rockstar Fit Content available on the Application or through a Service except under the specific circumstances expressly permitted by law or ROCKSTAR FIT¬†in writing.
ROCKSTAR FIT¬†is a subscription based app that will charge to your selected payment method on the date you originally signed up.
We may offer third-party goods and services through our Services. Except with respect to our subscription Service, which provides you access to premium content and services, please note that all terms surrounding payment, order fulfilment, and refunds are covered by our third-party providers and not Rockstar Fit, and are hereby incorporated into this Agreement by reference.
¬†Our subscription Service is a subscription fee-based Service, which gives you access to content and services. All subscription Services provide access through the application. You can become a subscriber by purchasing a subscription to the Service from the within the App. Please note that, once purchased, the sale is final and we will not provide a refund.¬†
Fees for our periodic subscriptions are due in periodic instalments (for example, if your subscription is yearly, fees are due yearly). For each period of time that your monthly subscription is active, you acknowledge and agree that Rockstar Fit is authorized to charge the same credit card or payment method as you used for the initial subscription fee in the amount of the then-current periodic subscription fee. The periodic renewal fees will continue to be billed to the same payment method you provided, automatically until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period. The content you receive with the ROCKSTAR FIT app is never ending, and your subscription will continue to rollover until you choose to terminate your account.¬†¬†
As ROCKSTAR FIT is a subscription app, keep in mind that once cancelled, you will no longer have access to any of the content within the ROCKSTAR FIT app. This includes the workouts you have already completed.¬† Subscription fees will apply regardless of whether or not you use your subscription. You agree to notify Rockstar Fit promptly of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
The fees quoted by Rockstar Fit are net of any applicable sales tax. If any Service, or payment for any Service, under this Agreement is subject to sales tax in any jurisdiction and you have not remitted the applicable sales tax to Rockstar Fit, you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority and you will indemnify Rockstar Fit for any liability or expense we may incur in connection with such sales tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or such evidence that you have paid all applicable taxes.
"IP" means any ideas, data, inventions, discoveries, developments, enhancements, works of authorship, computer programs, databases and technical, business and other information, and any property rights protected under the patent, copyright, mask work rights, trade secret, trademark or other intellectual property or moral rights laws of any state or national government, including all rights under any registrations issued now or in the future by any governmental authority with respect to the same, and all rights under any pending applications for registration filed now or in the future, in any part of the world.
The domain name on which the Application is hosted on is the sole property of ROCKSTAR FIT¬†and you may not use or otherwise adopt a similar name for your own use.
Not to use any Rockstar Fit Content or Rockstar Fit Services for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; Not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Application, Rockstar Fit Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
Disclaimers & Limitations
ROCKSTAR FIT¬†does not warrant that the Application and Rockstar Fit Services will meet your requirements or that the Application and Rockstar Fit Services will be accurate, complete, reliable, timely, secure or error-free or perform in an uninterrupted manner or be free from viruses, Trojan horses, worms, software bombs or any other malware or be free from defects of any kind, or that the use of the Application or the Rockstar Fit Services will not harm any data or computing system. ROCKSTAR FIT¬†shall not be liable in any way whatsoever for any losses, damage, fees, costs or expenses arising out of or in connection with the use of or reliance on the Application or Rockstar Fit Services (including without limitation all data, information, content or other matter thereby made available) or any downtime or service outage affecting them.
The data and information made available on the Application and in the ROCKSTAR FIT Programmes do not purport, and shall not in any way be deemed, to constitute an offer or provision of any medical, health, professional or expert advice.¬† You should at all times consult a qualified medical expert or health professional to obtain advice and independent verification of the information and data contained herein before acting on it.
ROCKSTAR FIT excludes all liability for death, injury or damage caused by an individual carrying out exercises contained on the ROCKSTAR FIT application and within the ROCKSTAR FIT programmes.¬†
You agree that:¬†ROCKSTAR FIT shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Application or Rockstar Fit Services without assigning any reason; and Access to or the operation of the Application, Servers and/or the Rockstar Fit Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, ROCKSTAR FIT¬†shall not be liable for any loss, liability or damage which may be incurred as a result.
Under no circumstances, including, but not limited to, negligence, shall ROCKSTAR FIT¬†be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Rockstar Fit Content, Rockstar Fit Services, Application, or any other application.
Data Use & Privacy
We may collect personal data from you (either directly or indirectly, through our third party partners or providers) in a number of ways.
Specifically, we may collect the following categories of personal data:
Personal details including about your physical or mental health are considered ‚Äúsensitive‚ÄĚ personal data under applicable data protection laws. We will process any such data only if you have given your explicit consent, or it is necessary (for instance if you request special assistance), or you have deliberately made it public.
Your data may be used for the following purposes:
We may process your personal data for one or more of the following:
We will not retain your data for longer than is necessary to fulfil the purpose for which it is being processed. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purposes for which we process it, and whether we can achieve those purposes through other means.
We also consider the periods for which we might need to retain personal data in order to meet our legal obligations, or to deal with complaints and queries, and to protect our legal rights in the event of a claim being made.
When we no longer need your personal data, we will securely delete or destroy it. We will also consider if and how we can minimise over time the personal data that we use, and if we can anonymise your personal data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you. ¬†
Relationship of Parties
A failure by ROCKSTAR FIT to exercise or enforce any rights conferred upon it by these Application Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
Rights of Third Parties
Downloading Apps from iTunes.¬†
The following applies to any App accessed through or downloaded from the Apple App Store (‚ÄúApp Store Sourced Application‚ÄĚ):
You acknowledge and agree that (i) this Agreement is concluded between you and Rockstar Fit only, and not the App store owner, and (ii) Rockstar Fit, not the App store owner, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that¬†the App store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. (c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify teh App store, and¬†the App store¬†will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law,¬†the App store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Rockstar Fit and the App store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Rockstar Fit.
You and Rockstar Fit acknowledge that, as between Rockstar Fit and the App store, the App store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Rockstar Fit acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party‚Äôs intellectual property rights, as between Rockstar Fit and the App store, Rockstar Fit, not the App store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and Rockstar Fit acknowledge and agree that the App store, and the App stores subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement,¬†the App store will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary hereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party's country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement.
Governing Law & Jurisdiction