Terms
These Terms of Service ("Terms") govern your access to and use of the FARMAFIT website, mobile applications, and related services (collectively, the "Services"), which are owned and operated by FARMASI US LLC ("FARMAFIT," "FARMASI," "we," "our," or "us"), located in Miami, Florida.
These Terms apply regardless of whether you access the Services through our website, mobile application, or any authorized distribution platform.
Please read these Terms carefully before using the Services.
BY ACCESSING OR USING THE SERVICES, YOU AFFIRM THAT:
- You have read and understand these Terms;
- You agree to comply with these Terms;
- You are at least the age of legal majority in your place of residence and legally capable of entering into a binding agreement;
- You are not located in, and are not a resident or national of, any country or region subject to a comprehensive U.S. government embargo or trade sanction, and you are not listed on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals list.
If you do not agree to these Terms, you may not access or use the Services.
Changes to These Terms
We reserve the right to modify these Terms at any time.
Any changes will become effective upon posting within the Services. If we make material changes, we may provide notice through the website, mobile application, or other reasonable means.
Your continued use of the Services following any update constitutes acceptance of the revised Terms. Where required by applicable law, we will provide advance notice of material changes and, where required, seek your renewed consent before such changes take effect.
Eligibility
You must be the age of legal majority in your jurisdiction to use the Services.
By using the Services, you represent and warrant that you meet all eligibility requirements set forth in these Terms.
The Services are not directed to, and are not intended for use by, children under the age of 13 (or such higher minimum age of digital consent applicable in your jurisdiction, including 16 in certain European Economic Area member states, unless local law sets a lower age with parental consent). We do not knowingly collect personal information, including health or wellness information, from children below this age. If you are a parent or guardian and believe your child has provided us with personal information without your consent, please contact us at support@farmafit.com so that we may investigate and, where appropriate, delete such information.
If you are between the age of legal minority in your jurisdiction and the age of legal majority, you may only use the Services with the involvement and consent of a parent or legal guardian, to the extent required by applicable law.
Health, Wellness and Educational Purposes Only
FARMAFIT is a wellness, fitness, nutrition, habit-tracking, and lifestyle application intended solely for informational, educational, and personal wellness purposes.
FARMAFIT is not a medical device and is not intended to diagnose, treat, cure, prevent, monitor, manage, or mitigate any disease, injury, or medical condition.
The Services should not be interpreted as healthcare services or professional medical treatment.
The Services are not classified, registered, or intended to qualify as a medical device under the EU Medical Device Regulation (2017/745), the UK Medical Devices Regulations, or comparable medical device frameworks in other jurisdictions. If any feature of the Services is later determined to meet the definition of a medical device in a given jurisdiction, use of that feature in that jurisdiction may be restricted or unavailable.
No Medical Advice
Information provided through the Services, including educational materials, articles, wellness content, fitness guidance, meal suggestions, nutritional information, AI-generated recommendations, and community discussions, is provided for informational purposes only.
Nothing contained within the Services constitutes medical advice, diagnosis, treatment, or healthcare services.
Always consult a qualified physician or healthcare professional before making decisions regarding your health, diet, nutrition, supplements, medications, exercise routines, or treatment plans.
DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION OBTAINED THROUGH THE SERVICES.
IF YOU BELIEVE YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CONTACT 911, 112, OR YOUR LOCAL EMERGENCY SERVICES NUMBER.
Exercise and Physical Activity Risk Assumption
Participation in exercise, fitness challenges, workouts, stretching, mobility activities, physical training, and other wellness activities involves inherent risks.
These risks may include:
- Physical injury;
- Illness;
- Aggravation of existing conditions;
- Temporary or permanent disability;
- Death.
By participating in any activities suggested, demonstrated, or discussed through the Services, you voluntarily assume all associated risks.
You acknowledge that FARMAFIT shall not be liable for injuries, damages, losses, or adverse health outcomes resulting from participation in any exercise or fitness-related activity, except to the extent such liability cannot be excluded under applicable law.
If you have any medical condition, are pregnant, recovering from injury, or under medical supervision, you should obtain medical clearance before beginning any exercise program.
Nutrition and Supplement Disclaimer
The Services may provide educational information regarding:
- Nutrition;
- Meal planning;
- Dietary habits;
- Hydration;
- Weight management;
- General wellness practices;
- Dietary supplements.
Such information is general in nature and is not individualized nutritional counseling, dietetic advice, medical nutrition therapy, or healthcare advice.
Individual results vary significantly.
FARMAFIT makes no guarantee regarding:
- Weight loss;
- Weight gain;
- Body composition changes;
- Fitness improvements;
- Health outcomes;
- Achievement of personal wellness goals.
AI-Generated Content Disclaimer
Certain features within the Services may utilize artificial intelligence or machine-learning technologies.
AI-generated content may include:
- Meal recommendations;
- Educational content;
- Wellness insights;
- Habit suggestions;
- Personalized guidance;
- Other recommendations.
AI-generated information may be inaccurate, incomplete, outdated, or inappropriate for your specific circumstances.
You acknowledge that AI-generated content should not be relied upon as medical, nutritional, fitness, legal, financial, or professional advice.
All decisions made based on AI-generated content are solely your responsibility.
Results Not Guaranteed
Individual results vary significantly from person to person.
FARMAFIT makes no representations, warranties, or guarantees regarding:
- Health outcomes;
- Weight loss;
- Weight management;
- Fitness improvements;
- Habit formation;
- Personal wellness goals.
Testimonials, success stories, and user experiences presented within the Services are illustrative only and do not guarantee future results.
The Services may include community features that permit users to exchange information, experiences, recommendations, photographs, progress updates, comments, and other content.
Users are solely responsible for the content they post.
FARMAFIT does not endorse, verify, or guarantee the accuracy, safety, usefulness, or reliability of user-generated content.
Community Standards
You agree not to post, upload, transmit, share, or distribute content that:
- Is unlawful;
- Is fraudulent or misleading;
- Is defamatory;
- Is threatening;
- Is harassing or abusive;
- Promotes violence;
- Infringes intellectual property rights;
- Violates privacy rights;
- Contains malicious software;
- Is otherwise objectionable.
Users are expected to engage respectfully and professionally with other members of the community.
Content Moderation Rights
FARMAFIT reserves the right, but not the obligation, to review, monitor, remove, edit, restrict, disable access to, or refuse any user-generated content at any time.
We may take such actions where necessary to:
- Enforce these Terms;
- Maintain community standards;
- Protect users;
- Comply with legal obligations;
- Investigate misconduct;
- Protect intellectual property rights.
Such actions may occur without prior notice, except where applicable law requires otherwise.
Where required by applicable law, including the EU Digital Services Act, we will provide affected users with a statement of reasons for decisions to remove content or restrict, suspend, or terminate access to the Services on account of user-generated content, and we will make available an internal complaint-handling mechanism through which such decisions may be contested.
User Content and Privacy
Users retain ownership of content they submit through the Services.
By submitting content through the Services, you grant FARMAFIT a limited, non-exclusive, royalty-free license to host, store, process, transmit, display, and reproduce such content solely to the extent necessary to operate, secure, maintain, improve, and provide the Services.
FARMAFIT does not claim ownership of your content.
FARMAFIT will not use, publish, sell, distribute, advertise, promote, or otherwise exploit personal content shared within private accounts, personal tracking features, private messages, or user community interactions for marketing or commercial purposes without your separate consent.
You represent and warrant that you possess all rights necessary to submit any content you provide through the Services and that such content does not violate the rights of any third party.
FARMAFIT reserves the right to remove content that violates these Terms, applicable law, or community standards.
Copyright Infringement Notification (DMCA)
If you believe that content available through the Services infringes a copyright you own or control, you may notify our designated agent in writing with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material claimed to be infringing and its location within the Services;
- Your name, address, telephone number, and email address;
- A statement 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, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Notices should be sent to our designated copyright agent at: copyright@farmafit.com, or by mail to FARMASI US LLC, Attn: Copyright Agent, Miami, Florida, USA. We will respond to properly submitted notices in accordance with the Digital Millennium Copyright Act and, where applicable, comparable notice-and-takedown procedures under the laws of other jurisdictions. We reserve the right to remove content and terminate the accounts of repeat infringers.
Account Suspension and Termination
FARMAFIT reserves the right to suspend, restrict, disable, or terminate accounts at its sole discretion if we reasonably believe a user:
- Violates these Terms;
- Violates community standards;
- Infringes intellectual property rights;
- Engages in harassment, abuse, or threatening conduct;
- Posts unlawful or misleading content;
- Attempts to compromise platform security;
- Creates legal, regulatory, or reputational risk to FARMAFIT or its users.
Upon termination, your right to use the Services immediately ceases.
Account Deletion
Users may request deletion of their account through account settings or customer support.
Certain information may be retained where required for:
- Legal compliance;
- Security purposes;
- Fraud prevention;
- Dispute resolution;
- Enforcement of agreements;
- Legitimate business operations.
Additional information is provided in our Privacy Policy.
Health Data Acknowledgment
You may voluntarily provide health-related information, including:
- Weight information;
- Activity history;
- Exercise information;
- Nutrition logs;
- Wellness goals;
- Supplement information;
- Habit tracking information.
You acknowledge that such information is voluntarily provided and governed by our Privacy Policy.
FARMAFIT is not a healthcare provider, and information stored within the Services is not intended to constitute a medical record.
In jurisdictions that classify health-related information as a special or sensitive category of personal data, including the European Economic Area, the United Kingdom, and Switzerland, your voluntary submission of such information, together with your acceptance of our Privacy Policy, constitutes your explicit consent to our processing of that data for the purposes described in the Privacy Policy. You may withdraw this consent at any time by adjusting your account settings, deleting the relevant data, or contacting us at support@farmafit.com, without affecting the lawfulness of processing carried out before withdrawal.
Where required by applicable state or national law (including certain U.S. state consumer health data laws), we will provide you with the disclosures and rights specified by such laws with respect to consumer health data, as further described in our Privacy Policy.
External Links
The Services may include links to third-party websites, services, products, or social media platforms.
FARMAFIT is not responsible for the content, availability, accuracy, or practices of third-party services.
Your use of third-party services is at your own risk and subject to their respective terms and policies.
App Updates
FARMAFIT may provide updates, upgrades, patches, bug fixes, or new functionality at any time.
You agree that updates may modify, replace, or remove functionality.
All updates are considered part of the Services and remain subject to these Terms.
Acceptable Use
You agree not to:
- Reverse engineer the Services;
- Scrape or harvest data;
- Create accounts through automated means;
- Interfere with platform security;
- Distribute malware;
- Resell the Services;
- Use the Services for unlawful purposes;
- Circumvent safeguards or restrictions.
Intellectual Property Rights
The Services, including all content, designs, graphics, software, trademarks, logos, text, and functionality, are owned by FARMASI US LLC or its licensors and are protected by applicable intellectual property laws.
No rights are granted except as expressly provided in these Terms.
No Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FARMAFIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OPERATION.
Nothing in these Terms excludes or limits any warranty implied by law that cannot lawfully be excluded or limited, including any statutory consumer guarantees applicable in your jurisdiction.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FARMAFIT, FARMASI US LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IN NO EVENT SHALL FARMAFIT'S TOTAL LIABILITY EXCEED ONE THOUSAND U.S. DOLLARS (USD $1,000).
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law. Where the laws of your jurisdiction do not permit the exclusion or limitation of certain warranties, damages, or liabilities, the above limitations apply to you only to the maximum extent permitted by applicable law in your jurisdiction.
Indemnification
You agree to defend, indemnify, and hold harmless FARMAFIT, FARMASI US LLC, its affiliates, officers, directors, employees, agents, and licensors from claims, damages, losses, liabilities, expenses, and legal fees arising from:
- Your use of the Services;
- Your content;
- Your violation of these Terms;
- Your violation of applicable law.
Binding Arbitration and Class Action Waiver
Before initiating formal legal proceedings, the parties agree to attempt good-faith informal resolution of any dispute.
Any dispute arising from these Terms or the Services shall be resolved through binding arbitration on an individual basis.
YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, OR JURY TRIAL.
Nothing in this section prevents either party from pursuing claims in small claims court where permitted by law.
If you are a consumer residing in the European Union, the United Kingdom, or another jurisdiction where applicable law does not permit mandatory pre-dispute arbitration of consumer claims or a waiver of the right to bring a representative or class action, this section shall not apply to you to the extent it is prohibited by such law, and any such dispute shall instead be resolved in the competent courts of your place of residence or as otherwise provided under applicable local consumer protection law.
If you are a consumer resident in the European Union, you may also submit a complaint through the European Commission's Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr.
Electronic Acceptance
By accessing or using the Services, you acknowledge and agree that your use of the Services constitutes electronic acceptance of these Terms and any future modifications made in accordance with these Terms.
Apple App Store and Google Play Store Terms
This section applies to users who download the Services through Apple's App Store or Google Play.
Apple Inc. and Google LLC are not parties to these Terms and are not responsible for the Services, including support, maintenance, content, operation, availability, or claims arising from the Services.
Your use of the Services must comply with all applicable terms, conditions, and policies established by the platform from which you downloaded the application.
To the extent required by applicable marketplace policies, Apple Inc. and Google LLC shall be considered third-party beneficiaries of these Terms solely with respect to the rights granted to them under their respective platform requirements.
You and FARMAFIT acknowledge that, in the event of any third-party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights, FARMASI US LLC, and not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim, to the extent required by the applicable platform's minimum terms.
You represent and warrant that you are not located in a country subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist-supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
FARMASI US LLC's name, address, and contact information for questions, complaints, or claims regarding the application are set out in the Contact Information section below.
Privacy and Data Protection
Your use of the Services is also governed by our Privacy Policy.
While we implement reasonable administrative, technical, and organizational safeguards, no security system is completely secure.
FARMAFIT cannot guarantee absolute security or privacy.
Where you access the Services from outside the United States, your personal information, including any health or wellness information you provide, may be transferred to, stored, and processed in the United States or other countries whose data protection laws may differ from those of your country of residence. Where required by applicable law, including the EU and UK General Data Protection Regulation, such transfers are made subject to appropriate safeguards, as further described in our Privacy Policy. If you are located in the European Economic Area, the United Kingdom, or Switzerland, additional rights and disclosures applicable to you are set out in our Privacy Policy.
International Use; Export Control and Sanctions
The Services are controlled and operated from the United States and may not be appropriate or available for use in all countries or regions. Features, content, and availability of the Services may vary by country.
If you choose to access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
The Services may not be accessed, downloaded, or used by any person or entity located in, or who is a national or resident of, any country or region subject to comprehensive U.S. trade sanctions or embargo, or by any person or entity listed on any U.S. government restricted-party list, including the U.S. Department of the Treasury's Specially Designated Nationals and Blocked Persons List. By using the Services, you represent and warrant that you are not subject to any such restriction.
Subscriptions and In-App Purchases
Certain features of the Services may now or in the future be offered on a paid, premium, or subscription basis. Where applicable, pricing, billing frequency, automatic renewal terms, and cancellation instructions will be disclosed to you at the time of purchase and are incorporated into these Terms by reference.
Purchases made through the Apple App Store or Google Play Store are billed, processed, and managed by Apple or Google, respectively, and are subject to their respective payment, refund, and cancellation policies, which govern in the event of any conflict with this section.
Accessibility
We are committed to making the Services usable by the widest possible range of users, including individuals with disabilities, and we work to align with recognized accessibility standards where reasonably practicable. If you experience difficulty accessing any part of the Services, please contact us at support@farmafit.com.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.
Subject to the arbitration provisions above, any legal action not required to be arbitrated shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. The parties consent to the exclusive jurisdiction of those courts.
This choice of governing law does not deprive you of any mandatory consumer protection afforded to you by the laws of your country of habitual residence, where such protection cannot be waived by agreement under applicable law.
General Provisions
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, severed, and the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any additional terms referenced in the Services, constitute the entire agreement between you and FARMAFIT regarding the Services and supersede any prior agreements or understandings, whether written or oral.
Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. No waiver shall be effective unless made in writing by an authorized representative of FARMAFIT.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Force Majeure
We shall not be liable for any failure or delay in the performance of the Services resulting from causes beyond our reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, or public health emergencies.
Notices
We may provide notices to you via the email address associated with your account, through in-app or push notifications, or by posting on the Services. Notices to us should be sent to support@farmafit.com or to our address set out below.
FARMASI US LLC
Miami, Florida, USA
For questions regarding these Terms, please contact:
support@farmafit.com
Challenges, Community & Wellness