Terms of Service

Last updated: May 14, 2024

By using our website or mobile application, or by creating an account with us, you agree to these terms and conditions of use. if you do not agree, do not use the website or mobile application. please read these terms and conditions of use carefully before using any totum.fit platform.

Totum.Fit Terms and Conditions of Use

These Terms and Conditions of Use (the "Terms"), along with our Privacy Policy apply to the Totum.Fit mobile application and website located at www.totum.fit and all associated sites linked to www.totum.fit by Totum.Fit, its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of Totum.Fit and its licensors.

If you live in any of the following countries or regions, additional terms may apply to you and are viewable at the bottom of these Terms: The European Union, Canada, Australia. These additional terms override the Terms to the extent of any inconsistency.

We are delighted that you have chosen Totum.Fit to help you with your health and fitness path. Totum.Fit, its subsidiaries, affiliates, and any successors (“Totum.Fit,” “we”, or “us”), offers a variety of content and services through the Site (collectively, the “Services”). Please note that we reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time subject to applicable law. Your continued use of our Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with our Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to use our Services.

Use of the Services and Your Account
1. Who can use the Services
  1. You must be at least eighteen (18) years old to use the Services unless we specify otherwise elsewhere. No individual under the age of 18 may use our Services or provide any personal data to us through our Services (such as a name, image, email address, or phone number). We understand that there are nations where those who are seventeen or younger are able to form a contract and that there are ways to provide parental consent, but our ability to provide health and fitness services to those under eighteen years old is still pending.
2. Your Account
  1. Some of our Services may require you to create an account with us. We require you to provide us complete and accurate registration information, and that you keep this information up-to-date. Otherwise, we might have trouble providing you with helpful health and fitness information, we may be unable to provide certain Services, or we may not be able to provide important communications or help resolve your access challenges.
  2. You are solely responsible for maintaining the confidentiality of any and all activities that take place while using your account. This means you should protect your login credentials and other information you provide to us. Information from our Services may be shared with others, such as with a personal trainer or through social media TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TOTUM.FIT IS NOT RESPONSIBLE FOR ANY LOSSES OR ACTIONS THAT ARISE FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT. Please notify us at compliance@totum.fit immediately if you suspect or believe that there has been unauthorized use of your account or account password. You are solely responsible for anything that happens through your personal account, with or without your permission.
  3. You may not create duplicate or fake accounts. You may not share your account or create an account for anyone else.
  4. Amateur athletes are solely responsible for ensuring their use of the Services does not affect their athletic status. We are not responsible or liable for your use of the Services affecting your eligibility as an amateur athlete. Please review the rules provided by the relevant athletic association to determine applicable limitations.
3. Limitations on Using our Site
  1. Except as otherwise specifically permitted in the Terms, you may not (and you may not permit anyone else to):
    1. download, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, expressly permitted by these Terms, or unless you have been specifically told that you may do so in writing by an authorized representative of Totum.Fit;
    2. modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services' software, or any Content offered as part of the Services, whether in whole or in part Except as expressly permitted by applicable law or authorized in writing by an authorized Totum.Fit representative;
    3. attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Site or through our Services;
    4. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (determined at our sole discretion);
    5. harm a minor in any way;
    6. impersonate Totum.Fit or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    7. use the Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted (including without limitation content intended to promote potentially unsafe or controversial weight loss products or procedures, non-medically prescribed supplements, anorexia, bulimia, purging, self-starving, or very low calorie diets;
    8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
    9. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    10. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any party;
    11. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    12. upload, post, email, transmit or otherwise make available private messages or conversations from another user, administrator, or monitor;
    13. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
    14. use the Services to solicit users directly for commercial purposes or for personal information (including without limitation photographs, emails, phone numbers, or passwords) without prior written authorization from Totum.Fit;
    15. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to utilize the Services;
    16. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
    17. intentionally or unintentionally violate any applicable local, state, national or international law;
    18. access the Services from territories where its contents are illegal is prohibited (those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy);
    19. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    20. “stalk” or otherwise harass another user;
    21. access the Services in a way meant to avoid incurring fees;
    22. sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise perform any commercial use of the Services or perform any activity aimed at deriving revenue unless otherwise permitted in writing by an authorized Totum.Fit representative;
    23. use any robot, spider, scraper, or other automated means to access the Services for any purpose without the express written permission of an authorized Totum.Fit representative;
    24. bypass robot exclusion files or other measures Totum.Fit may use to prevent or restrict access to the Services;
    25. collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise; or
    26. provide or share any personal data or other information through the Services for which you lack authority to provide or share under applicable law in the manner in which it is shared by you.
    27. If we determine you are violating the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, suspending or removing your User Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys' fees), or disclosing information to law enforcement authorities or other authorized government entities. We reserve the right to enforce, or not enforce, these guidelines in our sole discretion. These guidelines do not create a duty or contractual obligation for us to act or refrain from acting in any particular manner.
4. Service Monitoring and Suspension
  1. We reserve the right to refuse to provide the Services to anyone, at any time, and at our sole discretion. We may monitor, suspend, deactivate, or terminate your account or your access to the Services at any time. Examples include times where we, in our sole discretion, determine you are presently or have previously violated the Terms or behaved in a way that potentially endangers or creates additional risks for yourself, us, anyone else, or the general public.
  2. We may also refuse to provide the Services to anyone, at any time, and at our sole discretion if we change or modify the Services, if requested by law enforcement or other government agency, or if we encounter technical issues or other problems.
  3. If we do end up suspending, deactivating, or terminating your account, we intend to try notifying you using the email address you provide.
  4. We reserve the right, but have no obligation, to monitor any accounts or activities conducted through or in any way related to the Services. This includes, without limitation, how you use the Services, how you share personal information on the Services with other users (including personal coaches or social media platforms), your exercise or diet regiments, or user profiles. We are not responsible or liable for any injury or harm to you resulting from false, misleading, objectionable, or other user User Content or another user's failure to comply with our Terms.
Content
1. For purposes of these Terms, “Content” means any form of information that is generated, provided, or otherwise made accessible in, through, or by accessing the Services. This definition may include a variety of data, text, images, video, or sounds and includes, without limitation, animations, audio, photographs, illustrations, stickers, apparel, virtual clothing, avatars, artwork, articles, news stories, software, communications, emoticons, recipes, ideas, tools, scripts, executable files, graphics, user interfaces, location data, foods, food combinations, nutrition and nutrition data, workouts and workout data, biometric data, sleep patterns and other such data, exercises, fitness training plans, annotations, and other such information. Content also includes intellectual property rights such as trademarks, service marks, copyrights, trade dress, trade secrets, patents, moral rights, privacy or publicity rights, and other rights protectable by intellectual property laws. “User Content” means any Content that a licensed user of the Services creates, transfers, or otherwise provides to us while accessing or using our Services. “Our Content” means all Content on our Services or created, transferred, or otherwise provided that is not User Content.
2. Our Content
  1. Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use the Services for your own personal, noncommercial purposes, provided that you do not (and do not allow any other person or entity to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, attempt to create or grant a security interest in, transfer, or otherwise use our Services contrary to these Terms. If you would like to make commercial use of our Services, you will need to sign an additional agreement with us. To the extent we approve your use of Our Content comprised of copyrights or copyrightable works and your use of Our Content is in compliance with the Terms, we also grant you a limited, revocable, personal, non-transferable, non-sublicensable, non-transferable, and non-transferable license to access and use certain of our copyrights or copyrightable works solely for their intended purpose and solely for as long as we make these particular elements of Our Content generally available to the public. To be clear, you do not acquire any ownership rights in Our Content.
  2. We specifically do not grant you any rights in our trademarks, service marks, patents, trade secrets, or other intellectual property included in Our Content. We reserve the right to monitor your use of Our Content and may alter, suspend, or terminate our license to you for accessing Our Content at any time and at our sole discretion.
  3. While we strive to make the Services available on many platforms, we can't guarantee that the App is compatible with your device (though please let Customer Support know if you have a question or problem). If you use the App, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply.
  4. The materials on the Services may be out of date or not function as intended on your particular electronic device. We make no commitment to update the Services, or any warranty regarding you ability to use the Services, as discussed later in these Terms.
  5. To use or access our App, you will need a compatible, internet-capable electronic device. We cannot guarantee the App will be compatible with, or available on, your device. We do not charge for use of the App. Your phone company’s normal messaging, data, and other rates and fees, however, will still apply. You may be required pay fees to access certain special features and content.
  6. You agree that, unless otherwise specifically provided herein or agreed by Totum.Fit in writing, the non-public elements of the Services provided to you by Totum.Fit constitutes confidential proprietary information of Totum.Fit. You shall not permit other individuals to use the Services or the software it contains without Totum.Fit's permission. You further agree not to transfer, copy, disclose, provide or otherwise make available confidential information in any form to any third party without the prior written consent of Totum.Fit. You agree to implement reasonable security measures to protect such confidential information, and without limitation to the foregoing, you shall use your best efforts to maintain the security of the Services provided to you by Totum.Fit. You will use your best efforts to cooperate with and assist Totum.Fit. in identifying and preventing any unauthorized use, copying, or disclosure of the Services.
3. Your Content
  1. When you provide or post User Content in connection with the Services, the User Content still belongs to you. Your providing or posting User Content gives us permission to use that User Content and make it available to others. By creating, transferring, or otherwise providing User Content for our Services, you represent and warrant that you have all necessary rights to provide your User Content to us and license your User Content to us based on the Terms and will indemnify us for any breach of this representation and warranty. By accessing or otherwise using our Services, you grant us a non-exclusive, irrevocable, perpetual, worldwide, freely transferable, sublicensable, royalty-free, enterprise-wide, right and license to use your User Content. This right and license allows us to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit your User Content. You accept and agree that we have the right to post your User Content at our full and sole discretion, that we are not obligated to give you any credit when using your User Content (and if we do, it can be displayed per our sole discretion), and that you are not entitled to any payment or other compensation from us for use of your User Content. We require this license so that any other users that use your User Content for their own health or fitness path can continue to have access to this information even if you stop using the Services. You may not provide or post User Content that you do not have the rights or permission to provide or post. This permission includes, without limitation, the ability to use any exercise, recipe, image, design, idea, or personal likeness for any purpose (including commercial use). This may include the right to copy, reproduce, display, create derivative works, reproduce, modify, translate, distribute, or assign these rights. This license allows us to provide the Services and meet other business needs. To be clear, there are significant limits to our ability to use any of your User Content that contains personal information. Please see our Privacy Policy for details.
  2. We are not responsible for your User Content, or for the User Content that other users provide to our Services. We have the right, but not responsibility, to monitor, suspend, edit, or delete any User Content at our sole discretion and without prior notice.
  3. You understand that any comments, suggestions, ideas, or other feedback you provide to us is not confidential. By giving any such feedback to us, you grant us a perpetual, worldwide, royalty-free license to use all such comments, ideas, or other feedback you may share with us without notice, compensation, or acknowledgement to you. You agree this license allows us to use your feedback for any purposes whatsoever, including without limitation creating, developing, modifying, improving, manufacturing, or marketing products or services.
  4. When you alter or delete your User Content, you understand that the previous version of your User Content may continue to be used by us if it has been publicly posted, shared with others, or stored as an archival backup on our servers. This limitation may not apply to User Content that includes personal data, which receives different treatment under applicable law. Please see our Privacy Policy for further details.
4. Third Party Content.
  1. You may be able to access or use third party software, resources, content, communications or information (“Third Party Materials”) via the Services. You acknowledge sole responsibility for and assume all risk arising from your access to, reliance upon or use of any such Third Party Materials and Totum.Fit disclaims any liability that you may incur arising from access to, reliance upon or use of such Third Party Materials via the Services.
  2. Our Services may be accessed on third-party devices or other products (“Third Party Products”), and your ability to use certain features of the Services may require you to purchase Third-Party Products (e.g., fitness trackers, smart scales, etc.). While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.
  3. If you access such third-party services or products, you acknowledge and agree that different terms and privacy policies apply to your usage of such services.
  4. You acknowledge and agree that Totum.Fit:
    1. is not responsible for the availability or accuracy of such Third Party Materials;
    2. has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance upon or use of such Third Party Materials; and
    3. does not make any promises to remove Third Party Materials from being accessed through the Services.
5. Other User Content.
  1. Some of our Services may include social features or other interactive areas where you or other users may post User content or interact. You are solely responsible for your use of the Services and for any User Content you provide to the Services in any way, including its transmission, accuracy, and completeness. You understand and agree that any User Content you submit in public or semi-public areas of the Services may be made public or remain public. Please do not post any personal information, particularly sensitive health or medical information, in any are of the Services that are accessible to other users of the Services.
  2. While we require all of our users to comply with the Terms and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with these Terms at all times. If you believe any Content submitted to our Services the Terms or if you know or suspect someone is misusing your User Content, please report it to us. We have the right, but not the obligation, to review or remove User Content. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User Content. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. If you have a dispute with another user, Totum.Fit is under no obligation to become involved in and disclaims all liability related to any disputes between our users. You release and indemnify Totum.Fit from all responsibility and liability arising out of or in connection with any such dispute you have with any of our users.
Product Changes
1. As we develop and launch new features and other elements of our Services, we may change, limit, or occasionally suspend or remove certain Services. These changes to our Services may occur without prior notice to you.
2. We may change or update our Services when we see fit. These changes can include upgrades, modifications, bug fixes, patches, or new features. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any feature, program, database, image, video, or other content.
3. When we update our Services offered through our mobile application or on the Site, your ability to use the Services may be impaired if you do not install these updates. You acknowledge and agree that our Services may not work properly if you do not permit updates to the Services and agree that, where applicable, we may automatically make updates to the Services.
4. expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services.
5. You understand and agree that we have no obligation to provide any updates to or Services, and that we may enable, suspend, discontinue, or terminate any particular features or functionality of any of our Service at or sole discretion. We reserve the right to impose limits on certain Services or restrict access to part or all of the Services without notice or liability and at our sole discretion.
Commercial Products and Services
1. Additional terms and conditions may apply to purchases of goods or services or to specific portions or features of the Services. This may include, without limitation, personal coach platforms, contests or other promotions, special offers or avatar accessories, or other designated commercial offerings whose terms and conditions are made a part of these Terms by reference. You agree to abide by these additional terms and conditions when purchasing goods or services or accessing certain paid features of the Services, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms and conditions posted for or applicable to a specific portion of the Services, the additional terms and conditions shall control with respect to your use of that portion of the Services. These additional terms and conditions will govern Totum.Fit's obligations, if any, regarding to these Services and nothing in these Terms or elsewhere on the Site shall alter these terms and conditions.
2. We may change any Services we offer, or the price for certain of our Services, at our sole discretion and at any time without prior notice to you.
Privacy and Security
1. Privacy
  1. Our Privacy Policy applies to use of this Services, and its terms are made a part of these Terms by this reference. Additionally, by using the Services, you understand and agree that Internet transmissions are never completely private or secure. You understand that any User Content or other information you send or otherwise provide to the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2. Security
  1. We care about the security of our users. While we take efforts to protect the security of your account, User Content, and other information, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any actual or suspected breach or unauthorized access or use of your account.
Termination
1. Either you or we may terminate the Terms at any time by providing the other party written notice thereof. This Agreement shall terminate automatically, without notice, if you fail to comply with the Terms. To be clear, we may terminate or suspend your account, delete your profile or any of your User Content, or restrict your use of all or any part of the Services at any time and for any reason, without any liability to us, subject to applicable law.
2. Upon any termination of the Terms, you must discontinue use of the Services. You are not entitled to receive any refunds if you choose to terminate the Services. All provisions in this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warrant disclaimers, and limitations of liability.
3. We may terminate or modify any Services at any time without notice.
4. Following termination of your account, or if you remove any of Your User Content from the Services, we may retain your User Content for a commercially reasonable period of time for use by other users of our Services that were already making use of your User Content prior to your removal, as well as for backup, archival, or audit purposes, or as otherwise required or permitted by law. We and our users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User Content that otherwise has been stored or shared through the Services. To be clear, our and our users' license to your User Content will continue even if you stop using the Services or terminate the Terms. You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
5. You understand and agree that these Terms shall remain in effect even after your account is terminated or you have stopped using the Platform.
No Warranty.
the services are delivered to you “as is” and as available. totum.fit makes no warranty as to the use, reliability, or performance of the services. totum.fit does not and cannot warrant the performance or results you may obtain by using the services. totum.fit makes no warranties, express or implied, as to noninfringement of third party rights, title, merchantability, or fitness for any particular purpose. you agree that totum.fit is under no obligation to release future versions of the services and totum.fit has the right to unilaterally abandon development of the software or any subsidiary feature at any time and without obligation or liability to you. you assume all risk associated with the quality, performance, installation, and use of the services including, but not limited to, the risks of program errors, damage to equipment, loss of data or software programs, or unavailability or interruption of operations. you are solely responsible for determining the appropriateness of use of the services and assume all risks associated with its use.
nothing in these terms shall exclude or limit totum.fit's warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
Indemnification. you agree to indemnify and hold totum.fit and its parents, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services, or your infringement of any intellectual property or other rights of any person or entity.
Limitation of Liability. under no circumstances shall totum.fit be liable for any indirect, incidental, special, consequential, punitive, exemplary, or other damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use the services, (ii) the cost of procurement of substitute goods, data, information, or services, (iii) errors, mistakes, or inaccuracies contained in the services, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the services, (v) any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the services, or (vi) any other loss or damage of any kind arising from or relating to your use of the software, whether in contract, tort, negligence, strict liability, or otherwise. these limitations shall apply even if totum.fit has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, totum.fit's liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), shall not exceed one hundred u.s. dollars or the amount that you have paid for the services in the past twelve (12) months, whichever is greater. the foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
Modification. We may modify the Services, the Terms, and any additional terms and conditions for use of our Services at any time and at our sole discretion. Totum.Fit will provide notification of any such modifications with either written notice to you or by publishing news of such modification directly onto the Site. If you do not agree to be bound by the changes, you must immediately cease using the Services. If you continue using the Services after notification of such changes, then you are deemed to have accepted all of the changes and will be bound by them.
Governing Law.
1. European Economic Area or Switzerland: If you located are in the European Economic Area (EEA) or Switzerland, the Terms will be governed by the laws of Ireland, excluding the application of its conflicts of law rules. You consent to the personal and exclusive jurisdiction of the courts located in County Dublin, Ireland.
2. United States or Elsewhere: If you are located in the United States or elsewhere in the world, the Terms will be governed by the laws of the United States and the State of Delaware, excluding the application of its conflicts of law rules. You consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware.
Severability; No Waiver. If any of the provisions of the Terms are held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default.
Miscellaneous. These Terms, together with our Privacy Policy and any other applicable terms and conditions, constitutes the entire agreement between you and Totum.Fit and governs your use of the Services, superseding any prior agreements between you and Totum.Fit. If any provision of the Terms are held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the Terms will remain in full force and effect. The parties acknowledge that the manufacture and sale of the Services is subject to the export control laws of the United States of America, including the U.S. Bureau of Export Administration regulations, as amended, and hereby agree to obey any and all such laws. You may not assign the Terms, and any attempted assignment of the Terms by you will be null and void.
DMCA Takedown Policy
1. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that any information or materials appearing on our Services infringe your copyright, you (or your agent) may send us a notice requesting removal of the information, or that access to the information be blocked.
2. Should you have a good faith belief that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website.
3. In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
  Agent: Compliance Department
  Address: totum.fit
  ATTN: Legal Department
  Address: 120 Vantis Drive, Suite 300
  Aliso Viejo, California, 92656
  Email: legal@totum.fit
  (This contact information is for copyright-related complaints only. No solicitations.) Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Linking to the Services. If you would like to link to our Services on your website or mobile application:
1. any link to the Services must be a text only link clearly marked “Totum.Fit”. You may not use any other trademark, logo, copyright or any other intellectual property asset owned or controlled by us or another party;
2. the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our trademarks and may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Totum.Fit in any way;
3. the link must “point” to the root domain name of the Services (not to other pages within the Services);
4. when selected, the link you provide must display the Service on full-screen and not within a “frame” on the linking website or service.
We reserve the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove all such links and to refrain from linking to our Services without receiving written permission from an authorized Totum.Fit representative.
These Terms were written in English. It may then be translated into other languages. If there is any inconsistency between the English version and a translated version of these Terms, the English language version controls
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and Totum.Fit is intended or created by these Terms. You may not enter into an agreement on Totum.Fit's behalf or hold yourself out to be able to take any action or make any representation on Totum.Fit's behalf.
Contact Us. If you have any feedback, questions, or comments about the Services, please contact our us by email at: legal@totum.fit or by mail at: totum.fit, Inc., 120 Vantis Drive, Suite 300, Aliso Viejo, California, USA 92656. Please include in the subject “Attn: –totum.fit Terms and Conditions of Use”. Please be sure to include in any email or postal mail your full name, email address, and postal address as well as your message.