Terms of Use

FIT NASS Privacy Policy

Effective Date: 2025 May 15

1. Introduction

FIT NASS Inc. ("we", "us", "our", or "Company") respects your privacy and is committed to protecting your personal data. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our mobile applications and websites (collectively, the "Service"). We comply with the General Data Protection Regulation (GDPR) in the European Union and the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), in the United States. This Policy describes what personal data we collect, how we use it, with whom we share it, and your rights concerning your data.

2. Data We Collect

We collect the following categories of personal data:

2.1. Data You Provide Directly

Identifiers: Your name and email address when you register for the Service.
Location Data: City and country information, if you voluntarily provide it (e.g., during onboarding) or if you grant our Service permission to access your device's location services. You can typically manage location service permissions in your device's settings.
Fitness and Wellness Information (Optional): If you choose to provide it, information related to your fitness goals, activity levels, dietary preferences, workout history, or other wellness-related data to personalize your experience. The provision of this data is optional and subject to your explicit consent where required.

2.2. Data Collected Automatically

Device & Technical Data: Language settings, IP address, time zone, device type and model, operating system version, and unique device identifiers.
Push Notification Tokens: Tokens to deliver push messages to your device, if you opt-in to receive them.
Analytics Data: Usage logs, session information, feature interaction, and events related to your interaction with the Service, collected via third-party analytics providers such as Google Analytics and Facebook Analytics.

2.3. Cookies & Future Tracking Technologies

We do not currently use cookies or other similar tracking technologies (e.g., pixels, web beacons) for advertising or comprehensive analytics that involve cross-site tracking. We may introduce such technologies in the future to enhance user experience, for analytics, or for advertising purposes. If and when we do, this Policy will be updated, and we will inform you and obtain your consent where required by applicable law before deploying any non-essential cookies or trackers. You will be provided with clear information and choices regarding these technologies.

3. How We Use Your Data

We process your personal data for the following purposes and based on the following legal grounds:

Purpose

Data Categories Used

Legal Basis (GDPR)

To provide, maintain, and improve the Service

All collected data, including optional Fitness and Wellness Information

Performance of a contract with you; Legitimate interests (to improve and develop our Service)

To communicate with you (e.g., service emails, support, push messages)

Identifiers, Push Notification Tokens

Performance of a contract with you; Legitimate interests (to provide important service updates and support)

To analyze usage patterns and improve Service features

Analytics Data, Device & Technical Data

Legitimate interests (to understand how our Service is used and to enhance user experience)

To send you marketing messages (with your consent)

Identifiers, Analytics Data (for segmentation)

Consent (you can withdraw your consent at any time)

To personalize your experience (e.g., content, workout recommendations)

Identifiers, Analytics Data, Location Data (if shared), Fitness and Wellness Info

Legitimate interests (to provide a more relevant experience); Consent (for certain types of personalization, especially using sensitive data)

To process transactions and fulfill orders

Identifiers (as needed for order fulfillment)

Performance of a contract with you

For security, fraud prevention, and legal compliance

All collected data as necessary

Legal obligation; Legitimate interests (to protect our Service, users, and legal rights)

4. Sharing Your Data

We do not sell your personal data in the traditional sense (i.e., for monetary compensation). We share personal data only in the following circumstances:

Analytics and Monitoring Service Providers:
Google Analytics (Google LLC): For web and app usage analytics.
Facebook Analytics (Meta Platforms, Inc.): For usage analytics.
Appsflyer: For attribution and marketing analytics.
Crashlytics (Firebase, Google LLC): For crash reporting and performance monitoring.
Firebase Remote Config (Google LLC): For A/B testing and feature management.
E-commerce and Order Fulfillment:
Shopify: For processing and managing your purchases and orders made through our Service.
Marketing and Advertising Providers (with your consent or as permitted by law):
Meta Ads Manager and Meta Custom Audiences (Meta Platforms, Inc.): For ad targeting and audience segmentation.
Google Ads (Google LLC): For ad serving and performance measurement.
Note on "Sharing" under CCPA/CPRA: Our use of some of these services for advertising may be considered "sharing" for cross-context behavioral advertising under the CCPA/CPRA. Please see Section 7 for your opt-out rights.
Push Notification Services:
Apple Push Notification Service (APNs): For delivering push notifications to iOS devices.
Firebase Cloud Messaging and Firebase Notifications (Google LLC): For cross-platform push messages.
Other Service Providers: We may engage third-party companies and individuals to perform services on our behalf (e.g., cloud hosting, email delivery, customer support, payment processing). These third parties access your Personal Data only to perform these tasks on our behalf and are obligated by contract (including data processing agreements where applicable) not to disclose or use it for any other purpose.
Legal & Compliance: We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend our rights or property, prevent or investigate possible wrongdoing in connection with the Service, protect the personal safety of users of the Service or the public, or protect against legal liability.
Business Transfers: In connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy, and we will ensure data protection obligations are upheld.

5. International Data Transfers

Your personal data may be transferred to, stored, and processed in countries other than your country of residence, including the United States, where our servers or our third-party service providers' servers may be located. These countries may have data protection laws that are different from the laws of your country.

When we transfer your personal data to countries outside the European Economic Area (EEA) or the UK, we will ensure that appropriate safeguards are in place to protect your data, such as by using Standard Contractual Clauses (SCCs) approved by the European Commission or the UK Information Commissioner's Office, or by relying on an adequacy decision.

6. Data Retention

We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. Generally, we will retain your personal data for no longer than three (3) years after your last active interaction with the Service (e.g., last login, use of a feature, purchase, or communication with us), unless a longer retention period is required or permitted by law (e.g., for unresolved disputes, ongoing legal obligations, or financial record-keeping).

Anonymized or aggregated data, which can no longer be used to identify you, may be retained for longer periods for analytical and improvement purposes.

7. Your Privacy Rights

Depending on your jurisdiction (e.g., GDPR for EU/EEA residents, CCPA/CPRA for California residents), you may have the following rights regarding your personal data:

Right of Access: Request a copy of the personal data we hold about you.
Right to Rectification (Correction): Request that we correct any inaccurate or incomplete personal data.
Right to Erasure (Deletion): Request that we delete your personal data, subject to certain exceptions (e.g., legal obligations, ongoing transactions).
Right to Data Portability: Request to receive your personal data in a structured, commonly used, and machine-readable format, and to have it transmitted to another controller where technically feasible.
Right to Restrict Processing: Request that we limit the processing of your personal data in certain circumstances.
Right to Object to Processing: Object to our processing of your personal data where we are relying on legitimate interests as our legal basis, or for direct marketing purposes.
Right to Opt-Out of Sale/Sharing (for California Residents): Under the CCPA/CPRA, you have the right to opt out of the "sale" or "sharing" of your personal data. We do not "sell" your personal data for monetary consideration. However, our use of certain third-party analytics and advertising partners may constitute "sharing" under the CCPA/CPRA definition (e.g., for cross-context behavioral advertising). You can exercise your right to opt-out by contacting us at support@nastyanass.com or by looking for a "Do Not Sell or Share My Personal Information" link or setting within the Service if available. We also endeavor to recognize legally recognized universal opt-out signals, such as the Global Privacy Control (GPC), where required by law.
Right to Limit Use and Disclosure of Sensitive Personal Information (for California Residents): If we collect sensitive personal information (as defined by CCPA/CPRA, which may include precise geolocation or health-related information you provide), you have the right to limit its use and disclosure to that which is necessary to perform the services or provide the goods reasonably expected by an average consumer.
Right to Withdraw Consent: Where we rely on consent to process your personal data (e.g., for marketing, or processing optional fitness/wellness data), you have the right to withdraw your consent at any time. This will not affect the lawfulness of processing based on consent before its withdrawal.
Right of Withdrawal (for EU/EEA Consumers): If you are a consumer in the EU/EEA, you may have a statutory right to withdraw from contracts for digital services within 14 days of concluding the contract, without giving any reason. Details on how to exercise this right, if applicable to your purchase, will be provided at the point of purchase or can be requested from support@nastyanass.com.
E-Privacy Settings: If and when cookies or similar technologies are introduced, you will be able to manage your preferences through a consent management tool or your browser settings.
Right to Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights.

To exercise your rights, please contact us at support@nastyanass.com or use any available in-app privacy controls. We will need to verify your identity before processing your request and will respond within the timeframes required by applicable law. You may also be able to designate an authorized agent to make a request on your behalf.

8. Security

We implement appropriate technical and organizational measures (e.g., encryption, access controls, regular security assessments, staff training) to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. However, no internet transmission or electronic storage system is 100% secure, and we cannot guarantee absolute security. You are also responsible for keeping your account credentials confidential.

9. Children's Privacy

Our Service is not directed to individuals under the age of 16 (or a higher age threshold as required by local law for data processing consent or contractual capacity). We do not knowingly collect personal data from children under 16. If we become aware that we have collected personal data from a child under 16 without verification of parental consent (or unless otherwise permitted by law), we will take steps to delete that information. If you believe we might have any information from or about a child under 16, please contact us at support@nastyanass.com.

10. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. If we make material changes, we will notify you through the Service, by email to your registered email address (if we have one), and/or by updating the "Effective Date" at the top of this Privacy Policy, providing reasonable notice before the changes take effect. We encourage you to review this Privacy Policy periodically. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

11. Contact Us

If you have any questions, concerns, or complaints about this Privacy Policy, our data practices, or if you wish to exercise your privacy rights, please contact us at:

Email: support@nastyanass.com (for general inquiries and rights requests)

Mailing Address: FIT NASS Inc., 1712 Pioneer Ave Ste 500, Cheyenne, WY 82001, USA

If you are in the European Union or UK and have a concern about our processing of your personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority in your country of residence.

FIT NASS Terms of Use

Effective Date: 2025 May 15

Welcome to FIT NASS! These Terms of Use ("Terms") govern your access to and use of the mobile applications, websites, content, products, and services (collectively, the "Service") provided by FIT NASS Inc. ("FIT NASS," "we," "us," or "our"). The Service includes all information, text, graphics, software, and services made available by FIT NASS.

By downloading, installing, accessing, or using the Service, you ("User," "you," or "your") agree to be bound by these Terms and our Privacy Policy (available at [Link to Privacy Policy - insert once hosted] and incorporated herein by reference). If you do not agree to these Terms, do not access or use the Service.

PLEASE READ THESE TERMS CAREFULLY. SECTION 10 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AS DESCRIBED IN SECTION 10.

1. Acceptance of Terms

1.1. Agreement: These Terms constitute a legally binding agreement between you and FIT NASS Inc. regarding your use of the Service.

1.2. Updates to Terms: We reserve the right to modify these Terms at any time. See Section 13 for more details on changes. Your continued use of the Service after changes signifies your acceptance.

2. Eligibility and Account Registration

2.1. Age and Authority: You must be at least 16 years old, or the age of legal majority in your jurisdiction if higher than 16, and have the legal capacity to enter into this Agreement. If you are under 18 (or the age of majority), you represent that your legal guardian has reviewed and agreed to these Terms on your behalf.

2.2. Account Creation: To access certain features of the Service, you must register for an account. You agree to:

a. Provide accurate, current, and complete information during the registration process (including name and email address). You may be asked to provide optional location information (city and country) or other profile details to enhance your experience with certain features; this is not mandatory for basic account creation unless explicitly stated for a specific feature.

b. Maintain and promptly update your account information to keep it accurate, current, and complete.

c. Maintain the security and confidentiality of your account credentials (e.g., password). Do not share your credentials with any third party. You are responsible for choosing a strong password.

d. Notify us immediately at support@nastyanass.com if you discover or otherwise suspect any security breaches related to the Service or your account, such as unauthorized access or use.

e. You are solely responsible for all activities that occur under your account, whether or not you authorized them. FIT NASS will not be liable for any loss or damage arising from your failure to comply with these obligations.

3. Medical Disclaimer

THE SERVICE OFFERS HEALTH, FITNESS, AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THIS INFORMATION DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND SHOULD NOT BE RELIED UPON AS SUCH. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT FROM A QUALIFIED HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, BEFORE STARTING ANY NEW EXERCISE PROGRAM OR DIET, OR MAKING ANY CHANGES TO EXISTING TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, SEEN, OR ACCESSED THROUGH THE SERVICE. FIT NASS IS NOT A LICENSED MEDICAL CARE PROVIDER. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. YOUR USE OF THE SERVICE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND FIT NASS.

4. License Grant

Subject to your compliance with these Terms, FIT NASS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

a. Download, install, and use our mobile application(s) on a personal device that you own or control; and

b. Access and use the Service solely for your personal, non-commercial purposes.

5. Fees, Payment, Subscriptions, and Trials

5.1. Paid Services: Certain features, content, or programs within the Service may be offered on a one-time purchase basis or through recurring subscriptions ("Paid Services"). By selecting a Paid Service, you agree to pay FIT NASS or its third-party payment processor the fees indicated for that service.

5.2. One-Time Purchase for "Lifetime Access": Where a program or product is offered as a one-time purchase for "lifetime access," this means you will have access to the specific purchased content for as long as FIT NASS Inc. actively offers and supports that particular program or product as part of the Service. "Lifetime access" is tied to your FIT NASS account and is non-transferable. It does not imply a guarantee of the Service's availability for your entire natural life or the indefinite life of the Company. FIT NASS Inc. makes no warranties as to the expected operational life of its services or specific programs, and in purchasing a lifetime plan, you acknowledge and agree that the specific program, product, or the Service itself could change or be discontinued in the future, subject to the terms herein.

5.3. Subscriptions and Auto-Renewal:

a. If you purchase a subscription, it will automatically renew for successive periods of the same duration as the initial subscription term (e.g., monthly, annually), at the then-current non-promotional subscription rate, unless you cancel your subscription before the end of the current subscription period.

b. TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD, YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD OR FREE TRIAL.

c. You can manage and cancel your subscriptions through your account settings in the respective app store (e.g., Apple App Store, Google Play Store) or on our website if the subscription was purchased directly from us. Deleting the app does not cancel your subscription or trial.

5.4. Free Trials or Introductory Offers: If you subscribe to a Paid Service under a free trial or introductory offer, you will have access to the Service for the duration of the trial period. If you do not cancel before the trial period ends, your trial may convert into a paid subscription, and your payment method will be charged the applicable subscription fee. Please review the terms of any trial offer carefully.

5.5. Payment Processing: All payments for Paid Services are processed by third-party payment processors (e.g., Apple App Store, Google Play Store, Shopify, Stripe). We do not collect, store, or process your payment card details directly. You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to abide by the terms and conditions of these third-party payment processors.

5.6. Price Changes: We reserve the right to change the prices for Paid Services, including subscription fees, at any time. Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. We will provide you with reasonable prior notice of any price changes, giving you an opportunity to cancel your subscription before the new price takes effect.

5.7. Non-Refundable: Except as required by applicable law (including statutory withdrawal rights for EU/EEA consumers as described in our Privacy Policy or at the point of sale), or as explicitly stated in the refund policies of the Apple App Store or Google Play Store (for in-app purchases), or as otherwise determined by us in our sole discretion, all purchases and subscription fees are final and non-refundable.

5.8. Taxes: You are responsible for paying all applicable taxes, duties, and governmental assessments associated with your purchases of Paid Services. Prices may be displayed inclusive or exclusive of such taxes, as required by law.

6. User Conduct and Restrictions

You agree not to, and not to permit any third party to, do any of the following:

6.1. Use the Service for any illegal, fraudulent, or unauthorized purpose, or in violation of any applicable laws or regulations.

6.2. Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service, except as permitted by applicable law.

6.3. Modify, adapt, translate, or create derivative works based on the Service.

6.4. Rent, lease, distribute, sell, resell, assign, or otherwise transfer or encumber your rights to use the Service.

6.5. Interfere with or disrupt the integrity or performance of the Service, its servers, or networks connected to the Service, including by use of viruses, bots, worms, or any other malicious code or by imposing an unreasonable or disproportionately large load on our infrastructure.

6.6. Attempt to gain unauthorized access to the Service, other users' accounts, or our computer systems or networks.

6.7. Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that promotes illegal activities.

6.8. Upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

6.9. Use the Service to send unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of duplicative or unsolicited messages.

6.10. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

6.11. Collect or store personal data about other users without their express consent.

7. User-Generated Content

7.1. Your Content: If the Service allows you to create, upload, post, send, receive, or store content, such as text, photos, videos, reviews, comments, or other materials ("User-Generated Content" or "UGC"), you retain ownership of any intellectual property rights that you hold in that UGC.

7.2. License to FIT NASS: By submitting UGC to or through the Service, you grant FIT NASS Inc. a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, create derivative works from (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Service), publish, publicly perform, publicly display, distribute, and transmit your UGC in connection with operating, providing, promoting, and improving the Service and to develop new ones. This license continues even if you stop using our Service.

7.3. Responsibility for UGC: You are solely responsible for your UGC and the consequences of posting or publishing it. You represent and warrant that: (a) you are the creator and owner of the UGC, or have the necessary licenses, rights, consents, and permissions to authorize us to use your UGC as described in these Terms; (b) your UGC, and our use of your UGC as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) be obscene, pornographic, or otherwise objectionable; or (iv) cause FIT NASS to violate any law or regulation.

7.4. Monitoring and Removal: We have no obligation to monitor UGC, but we reserve the right to review, screen, and remove or edit any UGC at our sole discretion and without notice if it violates these Terms, is otherwise objectionable, or for any other reason. We are not responsible for any failure or delay in removing UGC.

8. Intellectual Property

Excluding any User-Generated Content, all rights, title, and interest in and to the Service, including but not limited to all software, code, text, graphics, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Our Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of Our Content, contained on the Service is owned by, controlled by, or licensed to FIT NASS Inc., and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. FIT NASS Inc. reserves all rights not expressly granted in these Terms. You receive no ownership rights in the Service or Our Content. The FIT NASS name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FIT NASS Inc. or its affiliates or licensors. You must not use such marks without our prior written permission.

9. Feedback

If you provide us with any suggestions, comments, ideas, improvements, or other feedback regarding the Service ("Feedback"), whether through the Service, social media, or otherwise, you acknowledge that such Feedback is non-confidential and that you grant FIT NASS Inc. a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, incorporate, commercialize, and exploit such Feedback in any manner, for any purpose (including for product development, marketing, or improving the Service), without restriction and without compensation or attribution to you.

10. Arbitration and Dispute Resolution (Binding Arbitration Agreement and Class Action Waiver)

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

10.1. Agreement to Arbitrate: You and FIT NASS Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Service, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (each, a "Dispute"), shall be resolved by binding arbitration, rather than in court, except that: (i) you may assert claims in small claims court if your claims qualify and the matter remains in such court and proceeds only on an individual (non-class, non-representative) basis; and (ii) you or FIT NASS Inc. may seek injunctive or other equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

10.2. Arbitration Rules and Forum: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The seat of arbitration shall be Santa Clara County, California, USA, unless you and FIT NASS Inc. agree otherwise. The arbitration will be conducted in English before a single, neutral arbitrator selected in accordance with the AAA Rules.

10.3. Arbitration Fees: If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA Consumer Arbitration Rules (currently $225, but subject to change by AAA). FIT NASS Inc. will pay all other AAA administration and arbitrator fees associated with the arbitration.

10.4. Class Action Waiver: YOU AND FIT NASS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FIT NASS Inc. agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void.

10.5. Opt-Out of Arbitration: You have the right to opt out of this arbitration agreement. If you do so, neither you nor FIT NASS Inc. can force the other to arbitrate. To opt out, you must notify FIT NASS Inc. in writing within 30 days of the date that you first become subject to this arbitration agreement (i.e., the date you first use the Service after this provision becomes effective). Your written notice must be sent to: support@nastyanass.com with the subject line "ARBITRATION OPT-OUT." Your notice must include your name, address, the email address you used to set up your FIT NASS account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this arbitration agreement, all other parts of these Terms will continue to apply. Opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIT NASS INC. AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FIT NASS INC. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIT NASS INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FIT NASS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL FIT NASS INC.'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO FIT NASS INC. FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We may notify you of material changes via the Service (e.g., through an in-app notification), by email to the email address associated with your account, and/or by updating the "Effective Date" at the top of these Terms. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.

14. Governing Law and Venue

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California, USA, without giving effect to any choice or conflict of law provision or rule.

If you are a consumer based in the European Union or the United Kingdom, this choice of law shall not deprive you of the protection afforded to you by mandatory provisions of the law of the country where you have your habitual residence. For such consumers, any dispute not subject to arbitration under Section 10 may be brought in the courts of your country of residence or in the courts of California, USA.

For any disputes not subject to arbitration or small claims court, you and FIT NASS Inc. agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California.

15. Account Termination or Suspension

15.1. Termination by You: You may terminate your account and these Terms at any time by ceasing all use of the Service and deleting the application from your device(s). Please contact us at support@nastyanass.com if you wish for us to delete your account data, subject to our Privacy Policy and data retention practices.

15.2. Termination or Suspension by Us: We may, in our sole discretion, suspend or terminate your access to all or part of the Service, with or without notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, all licenses and rights granted to you under these Terms will immediately cease, and you must delete all copies of the App and cease all use of the Service. We will not be liable to you or any third party for any termination of your access to the Service. Sections that by their nature should survive termination shall survive (including, but not limited to, intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution).

16. Service Changes and Availability

We reserve the right to modify, update, suspend, or discontinue any part or all of the Service at any time, with or without notice, for any reason, including for maintenance, upgrades, or to comply with legal requirements. You agree that FIT NASS Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof. We will make reasonable efforts to notify you of significant changes that materially affect your use of the Service.

17. Third-Party Links, Content, and Services

The Service may contain links to third-party websites, applications, advertisements, or content not owned or controlled by us ("Third-Party Services"). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third-Party Services. Access and use of Third-Party Services, including the information, materials, products, and services on or available through Third-Party Services, is solely at your own risk. We are not responsible for the availability, accuracy, content, or policies of those Third-Party Services. You should review the terms and privacy policies of any Third-Party Services before using them.

18. Indemnification

You agree to indemnify, defend, and hold harmless FIT NASS Inc. and its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from: (a) your use of, or inability to use, the Service; (b) your User-Generated Content; (c) your violation of these Terms; (d) your violation of any rights of another party, including any intellectual property rights or privacy rights; or (e) your violation of any applicable laws, rules, or regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

19. Force Majeure

FIT NASS Inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FIT NASS Inc.'s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

20. Miscellaneous

20.1. Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and FIT NASS Inc. concerning the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Service.

20.2. Severability: If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

20.3. Waiver: Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by FIT NASS Inc.

20.4. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FIT NASS Inc. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

20.5. Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.

20.6. Notices: All notices to FIT NASS Inc. under these Terms must be in writing and sent to support@nastyanass.com. We may provide notices to you under these Terms by email to your registered email address, by posting on the Service, or by any other method we choose. Notices are deemed given 24 hours after an email is sent or a notice is posted.

20.7. No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind FIT NASS Inc. in any respect whatsoever.

21. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@nastyanass.com

Mailing Address: FIT NASS Inc., 1712 Pioneer Ave Ste 500, Cheyenne, WY 82001, USA