Terms and Conditions
TERMS AND CONDITIONS
Our Terms and Conditions were last updated on the 16 of July, 2026
Please read these Terms and Conditions carefully before using Our Service. These terms and conditions are provided in English. Versions in other languages may be provided for information. In case of any discrepancy or inconsistency, the English version shall prevail.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, THEN REFRAIN FROM USING THE SERVICE.
IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS AND CONDITIONS, EXCEPT AS WE MAY OTHERWISE PROVIDE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH/OR WITHOUT NOTICE.
FIZIKL IQ-FZCO: a company, registered with the Dubai Integrated Economic Zones, the United Arab Emirates, with license number 32779 (the “Company”), publishes these Terms and Conditions, which are the terms and conditions of a service agreement addressed to the Company’s Users.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Company, We, Us or Our: FIZIKL IQ-FZCO, including any of its employees, representatives, or agents, or other persons (third parties) engaged by the Company in the provision of the Services.
User, You: a natural person who is over the age of 18 and has applied for the provision of the Services and accepted these Terms and Conditions.
Platform: specialized virtual platform (software package) used for the provision of the Services in accordance with these Terms and Conditions and shaped as a mobile application (the “Application”).
Application: GetFZKL mobile application.
Application Store: the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Platform Administration: the Company’s staff members or third parties involved in the provision of the Services, who assist the Users. Such assistance is limited to technical support of the User within the Platform.
Content: informational materials, the rights to which belong to the Company placed by the Company or the Platform Administration on the Platform namely: food tracker, physical activity tracker, video materials, articles, photos, images as well as any other materials placed on the Platform and used by the Company to provide the respective Services.
Services: services being provided by giving access to the Application, as well as the functionalities of the Application itself, including personal food tracking, physical activity tracking and generation of personal nutrition and activity plans, and any other services, offered by the Company to its Users. The Services are delivered based on AI functionality without any human involvement to the extent permitted by the Company’s Privacy Policy (https://legal.app.getfzkl.com/privacy) and applicable law.
Food Tracker: the Platform functionality allowing the User to record food intake, meals, ingredients, portions, and related nutritional values.
Calorie Calculator: the Platform functionality allowing calculation or estimation of calorie intake, calorie expenditure, and related nutritional indicators based on user-entered data and system logic.
Activity Diary: the Platform functionality allowing the User to record general daily activity indicators, including for example step count, duration of walking, and similar non-training metrics.
Personal Account: the User's personal page on the Platform, which becomes available to the User after the payment for the relevant Services in accordance with these Terms and Conditions.
Plan: the primary plan relating to access to the Services provided during the applicable subscription. Information regarding the plan, including its cost and the scope of Services, is available in the Application and/or on the website at: https://getfzkl.com/app?rid=DVqVgoyY7G, and/or on the Company’s other Internet resources.
Premium Plan: a plan which is characterized by a higher cost and any other special features, specified by the Company (applicable in the case if such plan is available at the time of purchase).
Trial Plan: a special promotional Plan providing limited-time access to the Services, which may be offered exclusively to new Users who have never previously used any of the Services, specified in these Terms and Conditions (applicable in the case if such plan is available at the time of purchase).
Subscription: one (1) calendar month or one (1) calendar year of access to the Services. The Subscription may be extended for a further period of one (1) calendar month or one (1) calendar year upon payment under the applicable Plan. The number of such extensions is unlimited, provided that payment under the applicable Plan is made on time.
Calendar day: a period of twenty-four (24) hours in accordance with the UTC+4 time zone, which includes all days, both working days and weekends and holidays, in accordance with applicable law.
Business day: a period of twenty-four (24) hours in accordance with the UTC+4 time zone, which includes all days that are not weekends or public holidays, in accordance with applicable law.
1. Acknowledgment
1.1. These are the Terms and Conditions governing the provision of the Services and the agreement that operates between the User and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Services.
1.2. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Services.
1.3. Your access to and use of the Services are also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy (https://legal.app.getfzkl.com/privacy). Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Services and the corresponding Application, and tells You about Your privacy rights and how the law and organizational and technical measures we implement protect You and Your personal information. Please read Our Privacy Policy carefully before using the Services.
1.4. Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. The Terms and Conditions apply to all Users who access or use the Services.
1.5. By accessing or using the Services You agree to be bound by the Terms and Conditions. If You disagree with any part of the Terms and Conditions, then You may not access the Services.
1.6. The payment for the Services by the User will be considered as an acceptance of the Terms and Conditions and will constitute the conclusion of a written contract by the parties.
1.7. The Company may unilaterally amend these Terms and Conditions by publishing an updated version on the Application. The User shall independently monitor changes to these Terms and Conditions. The Company will notify the User of material changes via the Platform, email, or other communication means available. If the User does not agree with a material change, the User may cancel the Services in accordance with section 13.
1.8. Company may impose restrictions on the use of Service for all Users or certain categories of Users (depending on the User’s location, language of the service, etc.) including: availability/unavailability of certain service functions, period of storing messages and any other content, maximum number of messages that can be sent or received by one registered user, maximum size of an electronic message or disc space, maximum number of service uses in a certain period, maximum period of content storage, special parameters of downloadable content, etc. Company may prohibit automatic requests to its servers as well as terminate acceptance of any automatically generated information (for instance, electronic spam).
1.9. In order to improve the quality of the Services, Company and/or the persons involved by it to perform the survey may collect opinions and feedback from the Users on various matters by sending an information message when the User next visits the Service. The opinions and feedback may be used to generate statistics that may be used in Service. The feedback provided by the User during the survey may also be published by the Company in the Service or in the services of Affiliated persons, both with and without the User's name (login). When giving feedback, the User shall observe the requirements hereof.
2. Personal Account
2.1. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of Your account on Our Service.
2.2. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a third-party service.
2.3. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is offensive, vulgar, or obscene.
2.4. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
3. Governing Law
3.1. The laws of the United Arab Emirates govern these Terms and Conditions and Your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.
4. The Services
4.1. The Company undertakes to provide the Services by granting the User access to the personal food tracking, physical activity tracking and generation of personal nutrition and activity plans, and any other services, offered by the Company. In turn, User agrees to accept and pay for the Services under these Terms and Conditions.
4.2. The Company may offer the User various options of Services. In this case, the User independently selects a convenient option from those offered by the Company. Information on available options, their content and features are provided by the Company on the Platform. The Company also reserves the right to offer the User a change from the selected option to another one at no additional cost. In this case, the User may request information on such possibility from the Platform Administration or the Company.
4.3. The Company may offer its Users special offers and access to wider functionality of the Services, such as Premium Plan and Trial Plan. If such plans are available by the Application functionality, the Company will provide additional rules and terms governing such plans.
4.4. The Company only provides access to the Platform and related information infrastructure. Meal planning, nutrition support, interpretation of user-entered information, assessment of whether any nutrition approach is appropriate for a particular individual fall within the responsibility of the User.
5. The Company’s obligations
5.1. The Company undertakes the fulfillment of its obligations to the User under these Terms and Conditions.
5.2. Before the intended date of commencing the Services provision, the Company shall notify the User about it using any available methods agreed upon by both parties.
6. The Company’s rights
6.1. The Company may change the costs for the Services that have not yet been paid for by the User; modify the payment terms, or the methods and timelines of the provision of the Services, as well as other terms and conditions specified in these Terms and Conditions.
6.2. The Company may transfer its rights and obligations under these Terms and Conditions to any third parties, as well as engage any third parties into the provision of the Services, without any additional consent, written or oral, of the User.
7. The User’s obligations
7.1. Prior to the payment for the Services, the User shall familiarize themselves with these Terms and Conditions, including the list of available Services provided by the Company and the payment procedure.
7.2. The User shall provide the Company with up-to-date information necessary for their identification, the conclusion of the agreement based on the acceptance of these Terms and Conditions, the provision of the Services, as well as for the efficient communication with the User.
7.3. The User shall make full payment for the Services in accordance with these Terms and Conditions.
7.4. The User shall not reproduce, copy, distribute, or use in any other way the information obtained during the Services provision.
7.5. The User shall not post any advertising information, including information about any products or services that are competitive to the Company’s products or services, on the Platform and in the Personal Account; the User shall not post any information that discredits the Company or the Platform Administration, as well as any information containing illegal, discrediting, or threatening content.
7.6. The User shall not disclose the login and password required for access to their Personal Account and used to receive the Services under these Terms and Conditions. The User shall make all necessary efforts to ensure the confidentiality of the data mentioned in this clause.
7.7. The User shall independently monitor changes to these Terms and Conditions.
7.8. The User shall comply with these Terms and Conditions and other applicable rules and recommendations of the Company and Platform Administration. Specific violations of these Terms and Conditions or the rules mentioned in this section may be considered by the Company as grounds to unilaterally refuse to provide the Services, retain the full cost of the Services, and claim for damages, including loss of profit. The User's acceptance of these Terms and Conditions implies the User's understanding and agreement with the exhaustive list of rules, recommendations, and sanctions for their violation.
7.9. By accepting these Terms and Conditions, You confirm that You understand that participation in the Services may be contraindicated in certain circumstances, including medical conditions. You confirm that You are responsible for obtaining medical advice from a qualified physician where necessary and that You have no contraindications preventing safe participation in the Services.
8. Procedure for obtaining access to the Services
8.1. The User downloads the Application from an Application Store and logs-in it. At the stage of log-in the User confirms that they have familiarized themselves with these Terms and Conditions and agrees to provide the Company with all necessary information for the proper provision of the Services, including information regarding any inquiries made by the Platform Administration through the Platform.
8.2. After the payment for the Services, the Company gives the User the access to the Services.
9. Trial Plan. Special Provisions
9.1. The Company shall have the right, at its sole discretion, to establish and introduce a special promotional Plan, namely the Trial Plan. This Plan shall be offered exclusively to new Users who have not previously used any of the Services specified in these Terms and Conditions. The Trial Plan is applicable to all types of Subscription.
9.2. The Trial Plan provides limited-time free access to the Services. The Trial Plan may not be used more than once or extended.
9.3. The Trial Plan is activated after the User choses the plan and subscription. Within the Trial Plan period the recurring charges are not charged. Prior to termination of the Trial Plan and beginning of the recurring charges for a subscription period in accordance with a plan, chosen by the User, the Company provides the User with prior written notice, containing the rules about how to cancel the subscription. If the User does not cancel their subscription within the time period, specified in the relevant notice, the subscription chosen by the User, is renewed.
9.4. If the User decides not to purchase any other plan, offered by the Company on subscription basis, following the expiry of the Trial Plan, the User’s access to the Services shall be terminated.
9.5. Any notice or announcement regarding the Trial Plan, periods of free access to the Services, the procedure for obtaining access to the Services, the scope of Services included in the Trial Plan, and any other additional information shall be published by the Company in the Application and/or on the website at: https://getfzkl.com/app?rid=DVqVgoyY7G, and/or on the Company’s other Internet resources.
9.6. The provision of Services under the Trial Plan shall commence on the day following the date on which the Company grants the Client access to the Services in accordance with sections 8 and 11 of these Terms and Conditions.
10. Payments
10.1. The Services are provided on a prepaid basis and therefore require one hundred (100) percent advance payment. The Services price is displayed in the Application. The User undertakes to pay for the Services prior to the beginning of their actual provision, unless otherwise agreed by the parties in writing.
10.1.1. By accepting these Terms and Conditions You acknowledge that the Services are paid on a subscription basis, with funds automatically withdrawn from Your account on a monthly / yearly basis. You should configure the payment settings themselves within Your online banking platform and on the device You use.
10.1.2. The first-time purchased subscription may be offered at a reduced price or free of charge (free trial). If such offer is available at the time of purchase, the Company sets additional terms of the offer in the Application and/or on the website at: https://getfzkl.com/app?rid=DVqVgoyY7G, and/or on the Company’s other Internet resources.
10.1.3. The Company offers subscriptions with various timelines.
10.1.4. Prior to termination of each subscription period and beginning of the recurring charges for a new subscription period the Company provides You with prior written notice, containing the rules about how to cancel the subscription.
10.1.5. If You wishes to cancel recurring charges, please, manage it in Your Apple Account settings (Settings → your name → Subscriptions, or the App Store → Account → Subscriptions) at least twenty-four (24) hours before the current subscription period ends. Subscriptions purchased via the App Store cannot be cancelled inside the Application.
10.1.6. The Company should communicate any changes to the subscription payment plan to the User five (5) calendar days prior to such changes take effect.
10.2. The price of the Services is set by the Company and determined on the basis of various criteria, including such criteria as the duration of the provision of the Services.
10.3. Payment for the Services can be made through various payment methods the Company has available on the Platform or on other resources on the Internet where it is possible to order and pay for the Services. The payment processor that We use is Apple (In-App Purchase) or any replacement or additional payment processor.
10.4. Payment cards (credit or debit cards) are subject to validation checks and authorization by Your card issuer. If the Company or the Company’s provider of payment services does not receive the required authorization, the Company will not be considered liable for non-delivery of the Services.
10.5. The cost of the Services is calculated based on the volume of Services required by the User and the number of days of Services provision.
10.6. Payment for the Services is made in the currency agreed upon by the parties during the User's payment process.
11. Provision of the Services
11.1. The Company provides the Services remotely via the Internet. The Services are delivered based on AI functionality without any human involvement to the extent permitted by the Company’s Privacy Policy (https://legal.app.getfzkl.com/privacy) and applicable law.
11.2. The Services are provided by the Company by granting the User access to the Services through the User's Personal Account on the Platform. The User independently consumes the Services at the User’s convenience within the prepaid period of Services provision. The User independently decides whether to implement the information received during the provision of the Services.
11.3. The Services include, but are not limited to, access to the Food Tracker, Calory Calculator, Activity Diary, generated personal nutrition and activity plans and other services, the list, terms, timelines, and costs of which are determined separately by the Company. An additional description of the Services and its options is provided by the Company on the Platform.
11.4. The Services are provided by the Company within the period prepaid by the User. The Company has the right to provide the User with access to the Platform after the period prepaid by the User in the cases specified in these Terms and Conditions. The Company shall notify the User no later than three (3) calendar days prior to the access expiration date.
11.5. The Services are considered to be properly provided and accepted by You if the Company does not receive written motivated objections from You describing material deficiencies within five (5) calendar days after the end of the period prepaid by You. This clause does not limit any rights that cannot be waived under applicable consumer protection laws.
11.6. The User agrees that the Company or the Platform Administration may interact with the User regarding any material conditions and changes to the Services provision, costs, payment terms and other conditions directly through various means of communication, including but not limited to: postal mail, SMS or other text messages, email, phone, social media accounts, and other communication means.
12. User content and conduct restrictions
12.1. If Our Service allows You to post content, You are responsible for the content that You post to the Service (the “User Content”), including its legality, reliability, and appropriateness.
12.2. You represent and warrant that: (i) the User Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms and Conditions, and (ii) the posting of Your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
12.3. By posting User Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service and advertising of the Service. Messaging Data is exempted from the rights to publicly perform and display, and distribute. You retain any and all of Your rights to any User Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your User Content available to other users of the Service, who may also use Your User Content subject to these Terms.
12.4. The Company is not responsible for the conduct of the Services’ users (the “Users”) and the User Content they post on the Platform. You expressly understand and agree that You are solely responsible for the posted User Content, for Your conduct and for all activity that occurs under Your Personal Account, whether done so by You or any third person who uses Your Personal Account.
12.5. You may not transmit any User Content or commit any conduct that is unlawful, offensive, upsetting, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable User Content or conduct include, but are not limited to, the following:
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine-generated or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Infringement upon any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonation of any person or entity including the Company and its employees, Platform Administration or other representatives.
Violation of the privacy of any third person.
False information and features.
Content or actions that disrespect religious beliefs.
Actions that undermine the state system, symbols, or institutions.
Content or actions that harm international relations of the state.
Content or actions that disrespect cultural or national heritage.
Content or actions that incite interfaith, regional, tribal, or social discord, promoting violence, hatred, terrorism, or otherwise undermine societal stability.
Violation of legal, economic, judicial, or security systems, including intellectual property rights or currency/economic regulations.
Promotion of illegal activities.
Publication or distribution of materials that violate public morality.
Dissemination of rumors or false information, including fake documents or misattributed content.
12.6. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any User Content or conduct is appropriate and complies with these Terms and Conditions, and remove such User Content from the Platform or any chat room, i.d. provide content moderation. The Company further reserves the right to make formatting and edits and change the manner of any User Content. The Company can also limit or revoke the use of the Service. As the Company cannot control all User Content posted by the Users or third parties on the Platform, You agree to use the Platform at Your own risk. You understand that by using the Platform You may be exposed to User Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any User Content, including any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of Your use of any User Content.
13. Services cancellation
13.1. The User is entitled to terminate the provision of the Services by the Company at any time by sending a clear notification via email ID: (support@getfzkl.com). These Terms and Conditions will be considered terminated on the day following the day the Company receives the respective notification.
13.2. The Company will reimburse You for the Services based on the following conditions:
In case the provision of the Services is cancelled before the start of their provision or within seven (7) calendar days after their start, the payment will be fully refunded to the User.
In case the provision of the Services is cancelled after seven (7) calendar days after the start of the Services provision, the payment will be refunded to the User proportionally to the number of days of actually provided Services.
13.3. The Company will reimburse the User according to the following rules:
- Apple In-App Purchase: the reimbursement is made via Your Apple Account and according to Apple’s regulations and policies. Should You have any problems with In-App Purchase reimbursement, please, contact Apple via available means of communication.
- Any other payment processor: the reimbursement will made no later than ten (10) business days from the day on which the Company receives the relevant notification. Refunds shall be made to the original payment method where technically possible. If not possible, the User shall provide alternative payment details acceptable to the Company.
13.4. The Company has the right to immediately suspend the provision of the Services or refuse to provide the Services entirely (terminate the provision of the Services), including without any refund, in the event of the User's violation of these Terms and Conditions. Additionally, the Company may refuse to provide the Services if, for a continuous period of three (3) weeks, the User fails to provide the information necessary for the provision of the Services to the Company or Platform Administration, as requested through the User's Personal Account or a chat of the Application (if available). In these specified cases, the User's access to the Services is to be terminated, and the Services are considered to be provided by the Company properly and in full.
13.5. The Company has the right to immediately suspend the provision of the Services or refuse to provide the Services entirely (terminate the provision of the Services), including without any refund, if the User fails to fulfill their obligation to make payments for such Services within the specified period, as outlined in section 10.
14. Copyright and Intellectual Property
14.1. The Platform, the Content and any other materials provided (excluding content provided by You or other Users), as well as the Platform’s features and functionality are and will remain the exclusive property of the Company.
14.2. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
14.3. By using the Platform, the Content or any other materials and/or functionality intended for the provision of the Services, the User acknowledges and agrees that all the content of the Platform, as well as its structure and appearance (visual) are protected by copyright, trademarks, or other related intellectual property rights.
14.4. The User agrees to provide a link to the Platform when quoting the information presented on the Platform.
14.5. The User shall not perform the following actions in relation to the Platform and/or any other content provided, as well as the Platform’s features and functionality:
use them in ways not provided for in these Terms and Conditions;
copy or make technical recordings;
create composite or derivative works based on them without the Company’s written consent;
attempt to falsify and/or delete any information about the exclusive rights owners;
provide access to third parties without the Company’s prior consent, or bring them to the attention of third parties by means of demonstration, distribution or publication on the Internet, rental or public performance, broadcast or cable transmission, or by any other means;
copy the form and visual design, or take screenshots for subsequent use unrelated to the Services.
15. License
15.1. Scope of License:
The Company grants You a revocable, non-exclusive, non-transferable, limited license to install and use the Content, purchased as part of the Services, strictly in accordance with these Terms and Conditions.
You may only use the Content on a device that You own or control and as permitted by these Terms and Conditions.
The license that is granted to You by the Company is solely for Your personal, non-commercial use strictly in accordance with these Terms and Conditions.
15.2. License Restrictions. You agree not to, and You will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Content or make such Content available to any third parties.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or licensors of the Content.
16. Intellectual Property Infringement
16.1. In case of violation by the User of the provisions of these Terms and Conditions regarding the protection of copyright and other intellectual property rights, the Company has the right to demand compensation for all losses caused, including lost profits, as well as a fine for each violation of such rights.
16.2. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to our attention via email ID (support@getfzkl.com) and include in Your notice a detailed description of the alleged infringement.
16.3. You may be held liable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
16.4. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email ID.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
16.5. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
17. Your Feedback to Us
17.1. By providing Feedback, You grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, disclose, sub-license, distribute, modify, and otherwise exploit such Feedback for the purposes of operating, improving, and promoting the Services.
18. Limitation of Liability
18.1. Notwithstanding any damages that You might incur beyond that amount, the entire liability of the Company or any of its subcontractors under these Terms and Conditions and Your exclusive remedy for all the foregoing is limited to the amount actually paid by You for the respective Services in the respective period.
18.2. To the maximum extent permitted by applicable law, in no event will the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for business interruption, for personal injury, arising out of or in any way related to the use of or inability to use the Service, third-party software or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms and Conditions), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
18.3. Nothing in these Terms and Conditions limits or excludes liability for fraud, willful misconduct, or any liability that cannot be limited or excluded under applicable law.
19. Disputes Resolution
19.1. All disputes, disagreements, or claims arising out of these Terms and Conditions or in connection with them will be settled, if possible, through negotiations. The parties agree to take measures for mandatory pre-trial settlement through negotiations within ten (10) business days from the date of the delivery of the relevant claim (demand) to the party to which it was addressed.
19.2. If any dispute, disagreement, or claim is not resolved within ten (10) business days from the date of delivery of the relevant claim to the party to which it was addressed, then any dispute, disagreement, or claim arising out of or in connection with these Terms and Conditions, including, but not limited to, any question regarding its existence, validity, interpretation, performance, discharge, and applicable remedies, will be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (the “DIFC Courts”).
19.3. Disputes, disagreements, or claims arising out of these Terms and Conditions or in connection with them may be referred to the DIFC Courts in accordance with clause 19.2. of this section only after the parties have taken measures for mandatory pre-trial settlement as provided by clause 19.1. of this section.
20. Termination
20.1. We may terminate or suspend Your Personal Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
20.2. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Personal Account, You may simply discontinue using the Service.
21. Severability and Waiver
21.1. If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
21.2. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
22. Change of these Terms and Conditions
22.1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If the mentioned changes are material, We will make reasonable efforts to provide You with at least five (5) day notice prior to the effective date of such changes. What constitutes a material change will be determined at Our sole discretion.
22.2. The revised Terms and Conditions are binding for the Users paying for the Services after the revised Terms and Conditions have come into force. The Users paying for the Services before the revised Terms and Conditions have come into force are subject to the Terms and Conditions in force at the time of payment for the Services.
22.3. By continuing to access or use Our Service after those changes become effective, You agree to be bound by the revised Terms and Conditions. If You do not agree to the new Terms and Conditions, in whole or in part, please stop using the Service.
23. Disclaimer
23.1. The Application is not a medical device and is not designed to diagnose, treat, cure, monitor, or prevent any disease, medical condition, injury, or health disorder.
23.2. The information contained in the Services is for general information purposes only.
23.3. The Company assumes no responsibility for errors or omissions in the contents of the Services.
23.4. To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages whatsoever, whether in an action of contract, negligence, or other tortious act, arising out of or in connection with the use of the Services or the contents thereof. The Company reserves the right to make additions, deletions, or modifications to the contents of the Services at any time without prior notice.
23.5. The Company does not provide medical services, perform diagnoses, administer treatment, prescribe medications or other substances, and does not interpret or comment on the results of medical tests and examinations. The Company does not give medical advice, nor does it recommend, prescribe, cancel, or adjust dosages of any medications or preparations. Use of any medicines, pharmaceutical products, dietary supplements, food products, etc. is the User’s sole responsibility. Responsibility for the choice, use, or consequences of using any medicines, pharmaceutical products, dietary supplements, food products, etc., as well as for the necessity to obtain prior consultation from a physician or other specialist, lies solely with the User. All recommendations provided by the Company are evaluated by the User independently, taking into account their own health condition, physical indicators, strength, endurance, etc., based on which the User makes an independent decision regarding the possibility and appropriateness of following such recommendations. The User’s health is their own responsibility. If the User has any doubts regarding the presence or absence of medical contraindications for using the Services, whether arising before entering into the agreement or during its term, or if there is a deterioration in health condition or appearance of any negative symptoms during using of Services, the User is obliged to immediately consult with a qualified specialist (physician) and follow the recommendations given by such specialist (physician). The User is obliged to immediately inform the Company about any worsening of health condition or appearance of any negative symptoms during the period of Services provision.
24. Links to other websites and resources
24.1. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
24.2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
24.3. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
24.4. The Company is not responsible for the functionality, performance, security, or quality of third-party applications, services, platforms, or integrations that are outside the Company's control and used in conjunction with the Services or to receive them. All actions performed by the User related to the use of third-party software are carried out at the User's own responsibility.
25. Fitness and Nutritional Information Disclaimer
25.1. The Application may contain health, fitness and nutritional information including, without limitations, advice, and recommendations, that are provided solely for general informational purposes.
25.2. Use of the advice and information contained within the Services is at Your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult Your physician or healthcare provider before beginning any nutrition or training program.
25.3. If You choose to use this information without prior consent of Your physician, You agree to accept full responsibility for Your decisions and to hold harmless the Company.
25.4. Individual results may vary depending on personal characteristics, including age, sex, health condition, physical fitness level, lifestyle, metabolism, diet, activity level, adherence to the plan, and other individual circumstances. The Application does not guarantee any specific result, including weight loss, fitness improvement, health improvement, or achievement of any particular nutrition or activity goal.
26. Views Expressed Disclaimer
26.1. The Services may contain views and opinions that are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer, or company, including the Company.
27. "Use at Your Own Risk" Disclaimer
27.1. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and Company, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
27.2. Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
27.3. The Company is not liable for any decisions or actions taken based on the information provided through the Services.
27.4. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
28. Backups
28.1. Although regular backups of the Service are performed, the Company does not guarantee there will be no loss or corruption of data.
28.2. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of the Service. But You acknowledge that the Company has no liability related to the integrity of the Service or the failure to successfully restore the Service to a usable state.
28.3. You agree to maintain a complete and accurate copy of any data in a location independent of the Service.
29. Contact Us
29.1. If You have any questions about these Terms and Conditions, You can contact Us:
via the Application;
by sending Us an email to the email ID: support@getfzkl.com.
FIZIKL IQ-FZCO,
Registered in Dubai Silicon Oasis, Techno Hub 2, 66th Street, Nr 20, I132-H, Nad Al Hessa, Dubai, the UAE. License Number: 32779.