Last updated October 21, 2025
We are IT FITS ("Company," "we," "us," "our"), a company registered in Kuwait at Quest Enterprises, 10th Floor, Al Hamad Tower A, Al Qibla Area, Kuwait City, Kuwait City 13013. Our VAT number is NA.
We operate the website https://itfits.app/ (the "Site"), the mobile application IT FITS (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
IT FITS is a Health & Nutritional platform to promote a healthy and sustainable lifestyle to our users, by providing Food, Activity and Sleep Tracking
You can contact us by phone at +965 63 63 0706, email at developer@itfits.app, or by mail to Quest Enterprises, 10th Floor, Al Hamad Tower A, Al Qibla Area, Kuwait City, Kuwait City 13013, Kuwait.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and IT FITS, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Users shall be informed 30 days in advance until the new Terms & Conditions are effective. This would be through a Push Notification through our App.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. SUBSCRIPTIONS
6. PROHIBITED ACTIVITIES
7. USER GENERATED CONTRIBUTIONS
8. CONTRIBUTION LICENSE
9. MOBILE APPLICATION LICENSE
10. SERVICES MANAGEMENT
11. PRIVACY POLICY
12. TERM AND TERMINATION
13. MODIFICATIONS AND INTERRUPTIONS
14. GOVERNING LAW
15. DISPUTE RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18. LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. USER DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
22. CALIFORNIA USERS AND RESIDENTS
23. MISCELLANEOUS
24. NO CREATION OF ORIGINAL CONTENT
25. DISCLAIMER OF WARRANTIES
26. LIMITATION OF LIABILITY
27. THIRD-PARTY DATA DISCLAIMER
28. HEALTH AND MEDICAL DISCLAIMER
29. USER RESPONSIBILITY AND ASSUMPTION OF RISK
30. INDEMNIFICATION
31. GOVERNING LAW AND JURISDICTION
32. ACKNOWLEDGMENT
33. RESTAURANT DATA ACCURACY AND TRADEMARKS
34. PAYMENT TERMS AND CONDITIONS
35. GENERAL PAYMENT PROVIONS
36. MANUAL RENEWAL AND SERVICE PERIOD
37. PAYMENT METHODS AND FAILED TRANSCATIONS
38. REFUNDS AND MONEY-BACK GUARANTEES
39. SECURITY AND COMPLIANCE
40. MODIFICATIONS
41. FREE TRAIL
42. PROMOTIONAL OFFERS
43. CONTACT US
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are 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 the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: developer@itfits.app. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license 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 are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Customers can manually renew their subscriptions from the Subscriptions tab after their current plan expires.
We offer a 3-day free trial to new users who register with the Services. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at developer@itfits.app.
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
The Services 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 on the Services, 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 Services and through third-party websites. 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:
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services, 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, broadcast, retitle, archive, store, cache, publicly perform, 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 into other works, such 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 on the Services. You are solely responsible for your Contributions to the Services 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 on the Services; 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.
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy: https://itfits.app/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms shall be governed by and defined following the laws of Kuwait. IT FITS and yourself irrevocably consent that the courts of Kuwait shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, or arbitration shall be Kuwait, Kuwait. The language of the proceedings shall be English, Arabic. The governing law of these Legal Terms shall be substantive law of Kuwait.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
24.NO CREATION OF ORIGINAL CONTENT
The IT FITS application (“App”) is a digital platform that provides users with access to nutrition, fitness, and health-related data exclusively sourced from official and certified third-party providers, including: - Verified restaurant websites - Certified food and nutrition databases (via licensed APIs) - Officially supported health and fitness smart devices and platforms
The App and its content are provided on an “as is” and “as available” basis. IT FITS makes no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, completeness, or availability of any content or services provided. To the maximum extent permitted under applicable law, IT FITS disclaims all warranties, including but not limited to: - Warranties of merchantability - Fitness for a particular purpose - Non-infringement
To the fullest extent permitted by the laws of Kuwait, IT FITS, its affiliates, officers, directors, employees, contractors, licensors, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to: - Health issues, allergic reactions, or personal injury - Misinterpretation of food or fitness information - Inaccuracies or errors in third-party data - Device malfunctions or integration failures - Loss of data or any business interruption This limitation applies even if IT FITS has been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.
All data displayed in the App is sourced from verified third parties. IT FITS does not independently verify the content and makes no guarantees as to the accuracy, completeness, or timeliness of this third-party data. IT FITS shall not be held liable for: - Errors in restaurant menus or nutritional disclosures - Outdated data from food databases - Faulty or incomplete reporting from fitness devices or platforms Users agree to direct any disputes regarding such data to the original third-party provider.
The App is intended solely for general informational purposes and is not a substitute for medical advice, diagnosis, or treatment. By using the App, you understand and agree that: - IT FITS does not provide medical or healthcare services - You should always consult a qualified healthcare professional before making any health, fitness, or dietary decisions - The App’s content is not designed to prevent, treat, or cure any medical condition
Users agree to use the App at their own discretion and risk. You are solely responsible for: - Determining the appropriateness of the data for your own dietary or fitness needs - Consulting professionals when needed - Verifying the safety and accuracy of any third-party device data or nutrition information IT FITS shall not be held liable for any outcome arising from your decisions or actions based on the content provided in the App.
You agree to indemnify, defend, and hold harmless IT FITS, its affiliates, officers, employees, agents, contractors, and partners from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with: - Your use or misuse of the App - Your violation of these Terms and Conditions - Any breach of applicable laws or third-party rights
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Kuwait. Any disputes arising out of or relating to your use of the App shall be subject to the exclusive jurisdiction of the competent courts of Kuwait.
By accessing or using the IT FITS App, you acknowledge that you have read, understood, and agreed to be bound by this Liability and Disclaimers section and the full Terms and Conditions.
IT FITS provides restaurant-related content (including food items, nutritional facts, and logos) strictly as retrieved from the official websites and public data sources of the respective restaurants. All trademarks, logos, and brand names are the property of their respective owners. Use of these names, trademarks, and brands does not imply endorsement or affiliation. IT FITS makes every effort to display restaurant data as accurately and faithfully as it appears from the source. However, the Company does not guarantee the accuracy, completeness, or availability of such information at all times. Any discrepancies, updates, or corrections remain the responsibility of the original restaurant or brand. IT FITS expressly disclaims any and all liability arising from the display or use of restaurant data, including but not limited to reputational impact, data inaccuracies, or trademark concerns. The App is committed to complying with all applicable intellectual property and data usage laws, and any concerns regarding trademark usage or content display may be addressed by contacting IT FITS for immediate review and resolution.
These Payment Terms and Conditions ("Payment Terms") govern the purchase, subscription, and billing for services or goods ("Subscription Services") provided by
IT FITS
("We," "Us," or "Our") through the
IT FITS
application ("App"). By making a purchase or subscribing to a Subscription Service via the App, you agree to be bound by these Payment Terms, in addition to our main Terms of Service.
35.1 Currency and Pricing
All prices are stated in Kuwaiti Dinar (KWD). We reserve the right to change the prices for Subscription at any time, but price changes will not apply to purchases or subscriptions already paid for. You are responsible for any fees or charges imposed by your financial institution related to your payments.
35..2 Taxes
You are responsible for all applicable taxes, including sales, use, value-added, or similar taxes, imposed by any jurisdiction in connection with your purchase or subscription, excluding taxes based on Our net income. All applicable taxes will be determined and applied in accordance with the laws of the State of Kuwait.
35..3 Payment Authorization
By providing Us with your payment information, you authorize Us (or Our third-party payment processor, KNET to charge the designated payment method for all applicable fees, including the service fee for the chosen period and any associated taxes or fees. You represent and warrant that you are authorized to use the payment method provided.
35..4 Receipt and Confirmation
Following a successful payment for a Subscription, a receipt email confirming the transaction details will be immediately issued and made available to you within the App. A copy of this receipt will also be sent to the mandatory email address provided at checkout, as described in Section 1.5.
35..5 Mandatory Contact Information for KNET Transactions
Due to the requirements of the KNET Payment Gateway and for successful transaction notification, providing a valid and functional email address at the time of checkout is mandatory for all purchases. This email address will be the sole point of contact for status updates, including payment success confirmation and failure notifications.
36.1 Manual Renewal Requirement
All Subscriptions are provided for a defined term (e.g., 1 month, 6 months). Your access to the Subscription will expire automatically at the end of the paid term. You must manually initiate and complete a new payment transaction to renew your access to the Subscription for an additional period. Payments are non-recurring and are not automatically charged.
36.2 Service Period and Expiration
Upon successful payment, you will have uninterrupted access to the Subscription until the final day of the purchased term. As payment is not recurring, no cancellation is required to prevent future charges. Your access will simply cease if you choose not to renew. If no active Subscription plan is held, access to the App and its features will be locked until a new Subscription plan is successfully purchased.
36.3 Renewal Notifications
To ensure uninterrupted access, We will provide renewal reminder notifications prior to the expiration of your current Subscription period:
36.4 Pricing Changes for Future Purchases
We reserve the right to modify Subscription fees. We will provide you with reasonable advance notice (e.g., 30 days) of any price change. The new price will only apply to future, manual renewal purchases made after the effective date of the change.
36.5 Plan Upgrades and Downgrades
Downgrades to a lower-duration Subscription plan are not permitted. Users are only permitted to upgrade to a higher-duration Subscription plan (e.g., from a 1-month Regular plan to a 6-month Regular plan or 1-month Regular to 1 Pro Plan) during their active Subscription term. Any change to a lower-duration plan can only be made once the current Subscription has fully expired. If an upgrade is purchased mid-term, the new Subscription period will commence immediately upon successful payment, and any remaining days on the prior, lower-duration plan will be forfeited. The new, upgraded payment is non-refundable, per Section 4.
36.6 Cancellation
You may cancel your Subscription at any time by logging into your account and following the cancellation process provided in the App. Cancellation will only prevent further renewals and may stop renewal notifications, but you will continue to have access to the App until the end of your current Subscription term. No refunds or credits shall be issued for any cancellation (refer to Section 4).
36.7 Scope of Subscription
Any new features, enhancements, or improvements added to a specific Subscription plan (1-month or 6-month) after an existing user has purchased that plan will be automatically applicable to and included in the existing user's current Subscription term at no additional cost. The scope of your purchased Subscription includes all future additions and enhancements applied to that specific plan level.
37.1 Accepted Payment Methods
We accept payment via KNET Payment Gateway.
37.2 Failed Payments and Notifications
If a payment fails, We reserve the right to immediately suspend or terminate your access to the Subscription. In the event of a failed payment, an email notification will be sent to the mandatory email address provided at checkout (Section 1.5) detailing the failure and steps for resolution. We or Our payment processor will typically retry the charge multiple times over a specified period.
All payments for Subscription Services, including one-time purchases and subscription fees, are strictly non-refundable. We do not offer refunds, partial refunds, or prorated refunds, except where expressly required by applicable law.
39.1 Payment Security
We do not store your full payment card details. All payment transactions are processed securely by our trusted, PCI-compliant third-party payment processor (which includes KNET). We implement reasonable administrative, technical, and physical safeguards to protect the security of your payment information.
39.2 Chargebacks and Disputes
If you initiate a chargeback or payment dispute with your bank or payment processor, We reserve the right to immediately suspend or terminate your account while the dispute is investigated. If the chargeback is determined to be frivolous, fraudulent, or resolved in Our favor, you may be liable for any associated fees (including bank fees) and administrative costs incurred by Us.
We may update these Payment Terms from time to time to reflect changes in Our Subscription Services, payment practices, or legal requirements. The updated terms will be posted within the App and will be effective upon posting. Your continued use of the Subscription Services after the effective date of the revised Payment Terms constitutes your acceptance of the new terms.
41.1 Trial Duration and Access
We offer a free trial period of three (3) days for new users only to evaluate the Subscription Services. This free trial is strictly limited to one (1) time per user. Access to the trial is granted at Our sole discretion.
41.2 Trial Expiration
The free trial will automatically terminate exactly three (3) days after its commencement. Upon expiration of the free trial, your access to the Subscription Services will cease immediately. To continue using the services, you must manually initiate and complete a purchase of a 1-month or 6-month Subscription plan.
41.3 Trial and Refund Policy
The Free Trial period does not constitute a paid Subscription and therefore no charges apply during this time. Once you manually purchase a Subscription following the trial, the transaction is considered a final sale and is subject to the strict non-refundable policy detailed in Section 38.
42.1 First Purchase 6-Month Offer
We may, from time to time, offer specific promotions, subject to these express conditions:
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
IT FITS
Quest Enterprises, 10th Floor, Al Hamad Tower A
Al Qibla Area
Kuwait City, Kuwait City 13013
Kuwait
Phone: +965 63 63 0706
developer@itfits.app