TERMS OF USE AND CONDITION PRIDEFIT APP
WHAT THESE TERMS ARE AND WHAT THEY ARE FOR
These terms and conditions (“Terms” or “Agreement”) are applicable when you use our mobile
software application Pridefit (our “App”). The App includes subscriptions that automatically
renew, and we encourage you to read these Terms carefully, especially Section 6: Subscription
Fees & Payments, before purchasing a subscription or starting a free or paid trial. By
downloading our App, you confirm that you accept and comply with these Terms. These Terms
constitute a legally valid and binding agreement between you and Leichtning Health LLC, doing
business as Pridefit (the “Company”), the company owning and operating the App. Please also
refer to our Privacy Policy, which explains how we handle personal data.
These Terms apply to all users of our App, regardless of the device or technique used to access
it. If other persons use our App through your device, you are responsible for ensuring that they
are aware of and comply with these Terms. If you are using our App on behalf of a company or
other legal entity, you warrant that you are authorized to enter into this Agreement and grant us
any rights on behalf of your company.
1. WHO WE ARE AND WHAT WE DO
Pridefit is a DBA of Leichtning Health LLC, a private limited liability company registered in New
York, USA. Our App targets athletes worldwide and aims to encourage them to exercise and
live a healthy life. It provides exercise videos, health and nutrition information, and an inviting,
queer community for athletes to exchange information and experiences.
2. GRANT OF RIGHT TO USE OUR APP
To download, install, and use our App, we grant you a non-exclusive, non-transferable, non-
sublicensable, and revocable license. This license allows you to download, access, and use our
App for personal, non-commercial purposes, subject to the terms and conditions of this
Agreement. Any other use not in accordance with this Agreement is strictly prohibited without
our prior written consent.
3. ACCOUNT
You can start using our App by creating an account with your email address. If you create an
account, you are only allowed to set up one account per user. Your account is personal to you,
and you may not transfer or assign it to someone else.
Within our App, you can provide information about yourself in your profile, such as your weight
and height. You can also upload photos of yourself after a workout. You warrant that all
information you provide during sign-up is true, accurate, and up-to-date, and you agree to keep
it that way.
If you receive a user identification code, password, or any other security information, keep it
confidential and do not disclose it to others. We have the right to disable any user identification
code or password if you fail to comply with these Terms. If you suspect unauthorized access to
your account, notify us promptly.
4. MISUSE OF OUR APP
When using our App, please do so with respect and do not misuse it or assist others in doing
so. You must not knowingly introduce viruses, trojans, worms, logic bombs, or other harmful
material. Unauthorized access attempts or testing the vulnerability of our App or network are
prohibited. Violation of this provision is a criminal offense. If we find that you have breached this
provision, we will report it to law enforcement authorities and cooperate with their investigations.
In addition to other remedies, your right to use our App will be terminated immediately.
You are responsible for all activity that occurs under your Pridefit account, including any activity
by unauthorized users. You may not allow others to use your Pridefit account. You must
safeguard the confidentiality of your password, and if you are using a device that others have
access to, log out of your account after using our App. If you become aware of an unauthorized
access to your account or a breach of security (such as the unauthorized disclosure of your
password), you must change your password and notify us immediately.
You warrant that you are not a professional athlete and are not using our App to train as a
professional athlete or for any other employment. Use of our App by a professional athlete or as
training for employment constitutes a breach of this Agreement.
Our App may feature real-time virtual interactions (“Live Content”) among users and/or coaches,
including but not limited to:
● In-App messaging with coaches;
● In-App messaging with other users;
● Virtual classes where users may or may not be visible to other users and coaches; and
● Virtual, one-on-one video sessions with coaches (“Individual Live Content”).
You are prohibited from recording, photographing, reposting, redistributing, or reproducing Live
Content in any manner for commercial purposes, such as posting to social media, websites, or
other platforms, without the express written consent of the Company. The company reserves
the right to prohibit your recording, photographing, reposting, redistributing, or reproducing of
Live Content with respect to personal use.
When interacting with other users, you should exercise caution and common sense to protect
your personal safety and property, just as you would when interacting with other people you
don't know. Your participation, correspondence or personal or business dealings with any third
party found on or through the App or the Company’s services or products, whether regarding
payment or delivery of specific goods and services, donations or fundraisers, and any other
terms, conditions, representations or warranties associated with such dealings, are solely
between you and such third party. You shall abide by these Terms when interacting with any
other user or coach in any manner or by any mode of communication, including but not limited
to phone calls, text messages, emails, and video calling, taking place outside of the confines of
the App. You agree that the Company is not responsible or liable for any loss, damage, injury,
or other matters of any sort incurred as the result of such dealings.
5. AGE RESTRICTIONS
To use our App, you must be at least 18 years old or the legal age in your country of residence
to enter into legally binding agreements. By using our App, you warrant that you meet the
minimum age requirement.
6. SUBSCRIPTION FEES AND PAYMENT
The App is available for download free of charge. However, certain features may require a fee,
which can be accessed through the app stores, the App, or our website.
Subscription Fees:
a. If you no longer wish to avail of a subscription due to fee changes, you must cancel your
subscription at least 24 hours before the renewal date.
b. Subscriptions are automatically renewed, and no refunds or pro-rating of fees will be granted
if you fail to cancel your subscription in time. Please follow the cancellation instructions provided
by the App Store and Google Play.
Trial Subscriptions:
a. We may offer free or lower-priced trial subscriptions for a limited period of time. If you do not
cancel your trial subscription before the trial ends, you will be automatically billed for the
following month and continue to have access to the service.
b. We reserve the right to modify or terminate trial offers without prior notice and without liability.
Multiple trials are not allowed.
Lifetime Subscriptions:
a. A Lifetime Subscription will be a one-time purchase for access to the App post-trial period for
the duration of the time the App is available on the purchased platform; provided that, the
Company in its sole discretion may alter or add terms, including the duration and access
privileges of a Lifetime Subscription, in accordance with these Terms.
Cancellations and Refunds:
a. Cancellations and refunds for subscriptions purchased through the Apple App Store or
Google Play Store are governed by the terms and conditions of the respective app stores.
b. To avoid charges, you must cancel your subscription or trial properly. Cancellations must be
made at least 24 hours before the end of the trial or prior to the renewal of a purchased
subscription. However, you will not be eligible for a prorated refund of any portion of the
subscription or trial fee paid for the then-current subscription or trial period.
c. For subscriptions purchased through our website or the App, contact our support team at
least 24 hours before the end of the current period to request cancellation. Cancellations made
through our website or the App are not managed through the Apple App Store or Google Play
Store.
d. Deleting the App will not automatically cancel subscriptions or free trials. Refer to Pridefit
Support, Apple Support or Google Play Help for instructions on canceling subscriptions or trials.
Payment Processing:
a. We use a third-party payment processing service provider for all payments made through the
App. We are not responsible for any errors or failures in the services provided by the payment
provider.
b. By agreeing to these Terms or continuing to make payments via the app stores, website, or
App, you consent to be bound by the terms and conditions of the third-party payment provider.
7. USER CONTENT
Participation in the Community:
a. As a user of the App, you may participate in our community by asking questions, providing
answers, and engaging in discussions with other users and coaches. The App may contain
message boards, Live Content, chat rooms, personal web pages or profiles, forums, bulletin
boards and other interactive features that may allow users to post, submit, publish, display or
transmit to other users or other persons content or materials (“User Content”), whether publicly
posted or privately transmitted. All User Content is the sole responsibility of the person who
originated such User Content. We make no representations, warranties or guarantees with
respect to any content that you access on or through our App.
b. As a user of the App, you agree to treat other users with respect and comply with the
following rules when submitting User Content or using the App in any manner:
For each piece of User Content that you submit, you represent and warrant that: (i) you have
the right to submit the User Content to the Company and grant the licenses and rights set out
below; (ii) the Company will not need to obtain licenses from any third party or pay royalties to
any third party in connection with its use of such User Content; (iii) the User Content does not
infringe any third party's rights, including intellectual property rights and privacy rights; and (iv)
the User Content is current, complete, and up-to-date, and complies with this Agreement and all
applicable laws. You acknowledge that all content, including User Content, accessed by you
using our App is at your own risk and you will be solely responsible for any damage or loss to
you or any other party resulting therefrom. User Content must not be sexually explicit,
pornographic, indecent, defamatory, racist, discriminatory, violent, or otherwise illegal or
unlawful.
c. You grant the Company a worldwide, perpetual, irrevocable, non-exclusive, sublicensable
(through multiple tiers), transferable royalty-free license and right to record, use, copy, transmit,
distribute, publicly perform and display (through all media now known or later created), edit,
modify, and make derivative works from your User Content 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 your User Content.
d. You warrant that any User Content you upload complies with the rules in this Section 7. You
are liable and responsible for any breach of this warranty, and you indemnify and hold us
harmless for any losses or damages resulting from non-compliant User Content.
e. We reserve the right to remove User Content that, in our reasonable opinion, does not
comply with our rules.
Ownership and License:
a. User Content submitted to the App is considered non-confidential and non-proprietary.
b. If your User Content contains any intellectual property rights, you retain those rights but grant
us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable, and
transferable license to use, store, reproduce, distribute, translate, prepare derivative works.
8. RIGHTS IN OUR APP AND CONTENT PUBLISHED BY US
Ownership of Intellectual Property:
a. All intellectual property rights in the App and the content made available on it (“Pridefit
Content”), including Live Content, are owned by us or licensed to us. This includes copyrights in
texts, graphics, designs, logos, photos, videos, user interface, databases, and software.
b. Pridefit Content is protected by copyright laws and treaties. All rights are reserved by us, and
we assert our right to be identified as the author of all Pridefit Content.
c. The App's recipe library may include recipes developed in collaboration with NOURISHED BY
NIC and/or EXCEED NUTRITION.
Use of Trademarks:
a. Our trade name and logo may not be used without our prior approval.
b. Trade names and trademarks that appear in the App, not owned by us, are the property of
their respective owners and are used for identification purposes only.
Restrictions on Use:
a. You are prohibited from using, copying, modifying, distributing, transferring, publicly
displaying, performing, broadcasting, or exploiting the App, User Content, or Pridefit Content,
unless it is your own content.
b. Collection, aggregation, copying, scraping, duplication, display, or derivative use of the App,
as well as the use of data mining, robots, spiders, or similar tools for data gathering without our
written permission, is expressly prohibited.
c. Nothing in these Terms grants you a right or license to engage in the prohibited activities
mentioned above.
Acknowledgment of Ownership:
a. You must always acknowledge our status and that of any identified contributors as the
owners of Pridefit Content.
b. Indications of ownership must not be removed or obscured.
9. PROFESSIONAL ADVICE DISCLAIMER
THE COMPANY OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR
EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR
PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY
ON INFORMATION PROVIDED BY THE COMPANY AS A SUBSTITUTE FOR, NOR DOES IT
REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU
HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS
CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT
DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE
FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE
LEARNED FROM USING THE COMPANY’S SERVICES. THE USE OF INFORMATION
PROVIDED THROUGH OUR APP AND SERVICES IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE APP OR AVAILABLE THROUGH ANY SERVICE
OF THE COMPANY IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE
PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS
AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT
LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH
CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE
COMPANY IS CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO
WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD,
DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND
NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT
THE ADVICE CONTAINED IN OUR APP OR SERVICES WILL ALWAYS INCLUDE THE MOST
RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR
MATERIAL.
10. LIMITATION OF LIABILITY
Disclaimer of Warranties:
a. The App is provided on an “as is” basis, without any warranties, whether express or implied.
b. Your use of the App is at your own risk.
Limitation of Liability:
a. We do not assume liability for any loss or damage, including but not limited to loss of data,
profits, business opportunities, goodwill, or personal or bodily injury, arising from these Terms or
the use of the App.
b. Our aggregate liability to you, if proven, shall not exceed the total monthly subscription fees
paid by you in the 12 months preceding the event giving rise to the liability.
11. INDEMNIFICATION
Indemnity:
a. You agree to indemnify, keep us indemnified, defend, and hold the Company harmless,
including its officers, directors, employees, and agents, from and against any and all claims,
liabilities, damages, losses, costs, and expenses (including legal fees) arising from:
● Your breach of these Terms or other incorporated terms and policies;
● Use of your account by unauthorized users;
● Any User Content submitted by or on behalf of you;
● Your improper use of the App; and/or
● Your breach of any laws, regulations, or third-party rights.
12. ERRORS AND VIRUSES
Content Accuracy:
a. While we make reasonable efforts to ensure the accuracy and completeness of the content in
the App, we do not guarantee its accuracy, completeness, or timeliness.
b. We do not assume liability for any errors, omissions, or inaccuracies in the information
displayed in the App.
App Security:
a. We do not guarantee that the App will be secure, uninterrupted, free from bugs, or viruses.
b. You are responsible for configuring your information technology, software, and platform to
access the App, and for using your own virus protection software.
13. CHANGES TO OUR APP
Updates and Changes:
a. We may update and change the App to reflect changes in services, user needs, and business
priorities.
b. Reasonable notice will be provided to users regarding major changes, whenever possible.
14. SUSPENSION, WITHDRAWAL, AND TERMINATION
App Suspension or Withdrawal:
a. We do not guarantee the continuous availability or uninterrupted access to the App.
b. We may suspend, withdraw, or restrict the availability of all or any part of the App for
business and operational reasons.
c. Reasonable notice will be given for any suspension or withdrawal, whenever possible.
Termination of Access:
a. We may terminate or suspend your account or access to the App without notice if you breach
any provision of these Terms or violate applicable laws, regulations, or third-party rights.
b. Termination may result in the forfeiture and destruction of all associated information.
c. Restoration or reinstatement of your account is at our sole discretion.
15. CHANGES TO THIS AGREEMENT
Agreement Modification:
a. The Company reserves the right to update, revise, supplement, and modify this Agreement.
b. Changes to this Agreement will be effective immediately for new users and 30 days after
notification for current users.
c. Registered users are encouraged to review this Agreement periodically.
d. If you do not accept any changes, please uninstall and discontinue using the App. Your
continued use constitutes acceptance.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
Transfer by Us:
a. We may transfer our rights and obligations under these Terms to a third party as part of a
sale or transfer of our assets.
b. Reasonable notice will be given to users regarding transfers, and such transfers will not
prejudice users' rights and obligations.
Non-Transferability by You:
a. You may not transfer your rights and obligations under these Terms without our prior consent,
which will be deemed null and void.
17. GENERAL DISCLAIMER
The content in the App is for general information purposes only and is provided "as is" without
any representations or warranties.
18. TERM AND TERMINATION
Effective Period:
a. These Terms are effective from the date of acceptance (at the time of downloading the
App) and remain in force so long as you have an account with us and/or continue to use the
App or the Company’s services or products.
Termination by Us:
a. We may terminate this Agreement without prior notice if you materially breach these Terms,
violate applicable laws or regulations, or if necessary to protect our interests, safety, or other
users.
b. Termination will result in the revocation of your access to the App, deletion of your account,
and no entitlement to compensation. Billed subscriptions will not be refunded.
Survival:
a. The following sections survive termination of this Agreement: Misuse of Our App (Section 4),
User Content (Section 7), Rights in our App and Content Published by Us (Section 8),
Professional Advice Disclaimer (Section 9), Limitation of Liability (Section 10), Indemnification
(Section 11), General Disclaimer (Section 17), Term and Termination (Section 18), Severability
(Section 19), and Governing Law and Jurisdiction (Section 20).
19. SEVERABILITY
Severability:
a. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the
remainder of the Agreement remains in force.
20. GOVERNING LAW AND JURISDICTION
Governing Law:
These Terms shall be governed by the laws of the State of New York, United States of America,
without regard to principles of conflicts of law. Exclusive jurisdiction for all disputes or legal
actions will be the state and federal courts located in New York, New York, United States of
America, and you consent to the jurisdiction of those courts.
21. CONTACT
If you have any notices or questions regarding the App or these Terms, please contact us at:
support@pridefit.com.