Terms & Conditions

Last Updated December 13, 2022

MVT Fitness is licensed to You (End-User) by MVT Fitness, LLC, located and registered at 525 3rd Street, Lake Oswego, Oregon 97034, United States (hereinafter: Licensor), for use only under the terms of this License Agreement. 

By downloading the Application from the Apple AppStore or the Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple and Google Play are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. MVT Fitness, LLC, not Apple or Google Play, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service and the Google Play Terms of Service. MVT Fitness, LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

 

1. THE APPLICATION

MVT Fitness (hereinafter: Application) is a piece of software created to create a full gym experience regardless of location, customized for Apple and Android mobile devices. It is used to foster a virtual community and offer fitness coaching and a variety of courses.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

2. SCOPE OF LICENSE

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded or Android Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store and Play Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2  This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3  You may not share or make the Application available to third parties (unless to the degree allowed by the Apple or Play Store Terms and Conditions, and with MVT Fitness, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with MVT Fitness, LLC's prior written consent).

2.5  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7  Licensor reserves the right to modify the terms and conditions of licensing.

2.8  Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

 

3. TECHNICAL REQUIREMENTS

3.1  The Application requires a firmware version iOS 13 or Android 10 or higher. Licensor recommends using the latest version of the firmware.

3.2  Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical  specifications mentioned above.

3.4  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

 

4. MAINTENANCE AND SUPPORT

4.1  The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.

4.2  MVT Fitness, LLC and the End-User acknowledge that Apple and the Google Play Store have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

 

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy.

 

6. USER GENERATED CONTRIBUTIONS

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.

  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.

  4. Your Contributions are not false, inaccurate, or misleading.

  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  9. Your Contributions do not violate any applicable law, regulation, or rule.

  10. Your Contributions do not violate the privacy or publicity rights of any third party.

  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

 

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

8. LIABILITY

8.1  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

 

9. WARRANTY

9.1  Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

9.2  No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of MVT Fitness, LLC's sphere of influence that affect the executability of the Application.

9.3  You are required to inspect the Application immediately after installing it and notify MVT Fitness, LLC about issues discovered without delay by e-mail. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ten (10) days after discovery.

9.4  If we confirm that the Application is defective, MVT Fitness, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5  In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

9.6  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

 

10. PRODUCT CLAIMS

MVT Fitness, LLC and the End-User acknowledge that MVT Fitness, LLC, and not Apple or Google Play, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

  1. product liability claims;

  2. any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

  3. claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

 

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

 

12. CONTACT INFORMATION                  

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:   

MVT Fitness

525 3rd Street

Lake Oswego, OR 97034

United States

hello@mvtfitnessapp.com

 

13. TERMINATION

The license is valid until terminated by MVT Fitness, LLC or by You. Your rights under this license will terminate automatically and without notice from MVT Fitness, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

 

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

MVT Fitness, LLC represents and warrants that MVT Fitness, LLC will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

 

15. INTELLECTUAL PROPERTY RIGHTS

MVT Fitness, LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, MVT Fitness, LLC, and not Apple or Google Play, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

 

16. APPLICABLE LAW

This license agreement is governed by the laws of the State of Oregon excluding its conflicts of law rules.

 

17. MISCELLANEOUS

17.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.


18. BILLING AND WAITLIST

18.1  Your account will be charged the full membership fee plus any applicable tax on the day you sign up, then recur on the same day of the month until you cancel or change your membership. If your billing cycle began on the 31st day of the month, you will be charged monthly on the 30th day of the month (or the 28th in February). If you change your membership plan at any time, your payment method on file will be charged the full amount of your new membership fee in addition to a prorated fee for any remaining days in the month, regardless of waitlist status at that time. Your billing date will remain on the day of the month on which your first membership plan began. If you have already been assigned a coach at the time of your membership changes, you will keep that coach until you replace that membership with a Core plan or cancel. If you cancel your membership, you will still have access to your account until your next billing date and will not be reimbursed for the remaining days of the current month. Manage your membership at any time from your account. If you signed up for an MVT Fitness subscription from an iPhone, you may need to manage account details through the Apple Settings app.

18.2 Special pricing is only available with a new membership purchased from the MVT Fitness website. All memberships or upgrades purchased through the MVT Fitness app are not eligible for specialty pricing. Codes cannot be combined with other offers.

18.3  If you sign up for a coaching membership or upgrade your membership to a coaching tier at any time, you must first complete your assessment videos to be assigned a coach. At that point, you will automatically enter a waitlist for 24 hours until your coach is assigned (or 1 business day if upgrade takes place over a weekend). Check the Coach tab of the app for the status of your coach assignment. For any questions regarding your coaching membership, please contact us.


19. HEALTH REQUIREMENTS AND EQUIPMENT RESPONSIBILITIES

19.1  You should always consult a physician or general practitioner before beginning any new fitness program. You should not use any information contained in these Terms and Conditions or within the MVT Fitness app as a substitute for professional medical advice, diagnosis, or treatment. The use of information provided by the MVT Fitness app or your coach will be used solely at your own risk and is not medical or healthcare advice. 

19.2  The MVT Fitness App is constantly under development and may not always include the most recent developments in medical research or training methods. MVT Fitness does not grant any warranties of any kind in regards to the training methods or exercises offered.

19.3  By accepting the Terms and Conditions, you agree that either (1) all of the below statements are true OR (2) your physician or general practitioner has specifically approved you to use the MVT Fitness app and all training methods and workouts within.

  1. I have read and understand the Health Requirements and Equipment Responsibilities.

  2. I am at least eighteen (18) years of age or older.

  3. I am in good health and in proper physical condition to participate in all training and exercise activities in the MVT Fitness app.

  4. I have never been informed by a medical professional of a condition that prevents me from completing physical activities.

  5. I have never felt chest pain, experienced dizziness, lost consciousness while engaging in physical activity.

  6. I am not currently using any prescription drugs that may impair my ability to perform strenuous physical activities.

  7. I am not pregnant.

  8. I will not complete any of the training methods, workouts, movements, or challenges under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in all training and exercise activities.

  9. I do not have any pre-existing conditions, chronic illness, or pain that prevent me from safely completing the training methods, workouts, movements, or challenges within the app. If I do have any of these conditions, my physician or general practitioner has cleared me for these activities.

When using the MVT Fitness app, you will be given direction or instruction. By accepting these Terms and Conditions, you are solely responsible for following these instructions at all times while using the MVT Fitness app. If not followed as directed, you may be at risk for injury or death. Having read these Terms and Conditions and by creating an account, I hereby for myself, my heirs, executors, administrators or anyone else who might claim on my behalf, Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: MVT Fitness, LLC, Oluko Services, LLC, or any MVT Fitness coaches; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, and employees, with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorney fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in all training and exercise activities, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which may be incurred as the result of such claim.

MVT Fitness reserves the right to refuse or cancel your membership if we determine you have violated any of these terms, if you have certain medical circumstances or conditions, or if we deem that any representation of the requirements outlined above are untrue in any way.

19.4  If you use any tools, equipment, or machinery to complete workouts as directed by the MVT Fitness app, you are solely responsible for maintaining equipment and ensuring these items are working properly. By accepting these Terms and Conditions, you are acknowledging that your tools, equipment, or machinery are properly working, installed, and maintained.


20. MODIFICATION

MVT Fitness, LLC reserves the right to update these Terms and Conditions at any time. If we do so, we will post the updated Terms on the MVT Fitness App website. They will become effective on the date they are posted (as indicated by the date on the top of the Terms and Conditions website). It is recommended that you review these Terms often; if you continue to use the MVT Fitness app after we have posted updated Terms and Conditions, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, you may cancel your membership or reach out to us in writing. Because the courses and content are continually changing within the MVT Fitness app, we may elect to change or discontinue any or all of the content at any time and without notice.