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Terms & Conditions

# Terms & Conditions

*This Terms of Use were last updated 5 December 2018*

These terms of use (“Terms of Use”) are a legal agreement between you and Fitco Ltd, a company incorporated in Georgia (registration number 406242757) whose registered office is at Monk Gabriel Salosi avenue, 6th turn, building 9, flat 36, Tbilisi, 0121, Georgia (hereafter referred to as “Fitco”, “we” or “us” as the context may require) for the use of the SiApp mobile application (“SiApp Application”) and any website operated by Fitco (the “Fitco Website(s)”) including, without limitation, https://siapp.ge/ .

These Terms of Use set out important information regarding your rights and obligations in connection with the SiApp Application and Fitco Website(s). Please read them carefully. In particular, we draw your attention to the limitations of liability contained in Section 14.

By downloading, installing or using the SiApp Application or accessing the Fitco Website(s), you agree to these Terms of Use which shall bind you. If you do not agree with these Terms of Use, do not download, install or use the SiApp Application or Fitco Website(s).

Fitco permits you to use the SiApp Application and Fitco Website(s) solely in accordance with these Terms of Use. Fitco retains ownership of the Fitco App and Fitco Website(s) at all times.

These Terms of Use apply to the use of any updates or changes to the SiApp Application and Fitco Website(s) that we may issue from time to time.

## 1. The licenses granted to you for the use of the SiApp Application and Fitco Website(s)

Fitco grants you a non-exclusive, non-transferable, revocable license to do the following in accordance with these Terms of Use (the “Licenses”):

(i) download, install and use the SiApp Application, and any updates to it provided by Fitco from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and

(ii) access and browse the Fitco Website(s) for your personal use only.

Fitco may terminate the Licenses granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licenses shall automatically terminate. Where any of the Licenses are terminated, you agree to immediately cease using and accessing the Fitco Website(s) and SiApp Application and to delete any copies of the SiApp Application held by you.

## 2. User age restrictions

The SiApp Application and Fitco Website(s) are not intended for use by children under the age of 13. If you are under the age of 13 you must not use the SiApp Application and Fitco Website(s). If we discover that any such use is taking place we will immediately terminate any relevant user account(s) facilitating such use. If you are below the age of 16, you must have obtained the consent of your parent or legal guardian to your use of the SiApp Application and Fitco Websites(s).

## 3. Rights to the SiApp Application, Fitco Website(s) and their content

All intellectual property rights and other rights in or to the SiApp Application and Fitco Website(s), and any content of either, made available by or on behalf of Fitco and its licensors, belong to and remain at all times with Fitco and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to the Fitco App or Fitco Website(s) or any contents of either. “SiApp” is the trading name of Fitco and we hold registered and unregistered trade mark rights in respect of this name.

The SiApp Application and Fitco Website(s) are licensed and not sold under these Terms of Use. The only rights granted to you in relation to the SiApp Application and Fitco Websites(s) under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to the SiApp Application or Fitco Website(s) is granted by us.

Where you submit any content whatsoever (“Content”) to the SiApp Application or Fitco Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable license to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the SiApp Application, Fitco Website(s) and our business from time to time.

We welcome any feedback or suggestions for improvements relating to the SiApp Application, Fitco Website(s) and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.

Save as expressly permitted by us in these Terms of Use, you must not use the content on the SiApp Application or Fitco Website(s) (other than content that is submitted by you to the SiAPp Application) for any commercial purpose without obtaining written permission from us to do so first.

## 4. Use of the SiApp Application

In order to use the SiApp Application, you must create a user account (a “SiApp Account”). You are responsible for all uses of your SiApp Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your SiApp Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorized use of your SiApp Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.

Your SiApp Account logs details of all SiCoins generated by you and any transfers of SiCoins to or from your SiApp Account. Please review your SiApp Account regularly. If you identify any erroneous transaction or unexpected activity on your SiApp Account, or you believe that the security of your SiApp Account has been compromised, you must let us know as soon as possible.

Different membership levels may apply to the SiApp Accounts of different users and, depending on the membership level you hold, your entitlement to access functionality of the SiApp App or generate SiCoins may vary.

When using the SiApp Application on your mobile device, you acknowledge and agree that SiApp operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.

The SiApp Application stops generating SiCoins on your mobile device if you do not open the SiApp for 30 days. Generation of SiCoins restarts once you next open the app.

## 5. SiApp

“SiCoins” are units of exchange that users of the SiApp may generate through verified physical movement (e.g. steps). SiCoins may be used to redeem products, services and other benefits via the SiApp Application, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that SiCoins may not be redeemed for cash from Fitco or any of its affiliates, unless we expressly agree otherwise with you in writing.

All SiCoins are generated by the verified physical movement of users of the SiApp Application. SiCoins will never be generated by any other means. We reserve the right to destroy SiCoins that we have reason to believe have been created by any other means and to suspend or disable SiApp Accounts used in contravention of these Terms of Use.

We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate SiCoins using the SiApp Application (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified steps required to generate a SiCoin). Details of eligibility criteria and the volumes of verified movement required to generate SiCoins from time to time are provided within the FAQ section of the SiApp Application. Movement verification conducted by our algorithms is considered final and can not be revised or reversed.

We may cap the maximum amount of SiCoins that users of the SiApp Application may generate each day using the SiApp Application. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.

The SiApp Application allows you to send SiCoins to third party users of the SiApp Application. Please ensure that you have verified the identity of the recipient of the relevant SiCoins before sending them.

## 6. Acceptable Use

You agree that you shall not:

(a) seek to generate SiCoins by any means other than your genuine physical movement meeting the eligibility criteria specified by Fitco from time to time and, in particular and without limitation, you shall not (i) simulate any such verified movement using artificial and/or mechanical means, (ii) enlist third parties to generate SiCoins on your behalf (for the avoidance of doubt, however, you may receive transfers of SiCoins from third parties using the functionality available within the SiApp Application);

(b) copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the SiApp Application or Fitco Website(s) or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or applicable law;

(c) operate more than one SiApp Account;

(d) use the SiApp Application or Fitco Website(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the SiApp Application or Fitco Website(s);

(e) reproduce, frame, display or mirror the SiApp Application or Fitco Website(s) other than as a necessary consequence of their normal operation by you;

(f) infringe our intellectual property rights or those of any third party in relation to your use of the SiApp Application or Fitco Website(s);

(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the SiApp Application or Fitco Website(s);

(h) use the SiApp App or Fitco Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(i) employ any technology that interferes in any way with the proper operation of the SiApp App or Fitco Website(s), including by blocking any advertising or promotions displayed thereon; or

(j) collect or harvest any information or data from the SiApp App or Fitco Website(s) for any commercial purpose, save as otherwise agreed in writing by us.

If we discover any breach of this Section 6 by you, we may immediately suspend or terminate your access to the SiApp App and remove and delete any content from SiApp App or Fitco Website(s) violating this Section 6.

## 7. Changes and updates to the SiApp App and Fitco Website(s)

Fitco reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the SiApp App and/or Fitco Website(s), and/or (ii) alter the functionality or contents of the SiApp App and/or Fitco Website(s) with or without notice to you.

We may issue updates to the SiApp App from time to time. Depending upon the nature of the update, you may not be able to continue to use the SiApp App until you have downloaded the latest version of the SiApp Application.

## 8. Contacting us

In relation to any matters concerning the SiApp App and Fitco Website(s), including any feedback, questions, complaints or claims, please contact us via our iPhone or Android application -> Profile -> Settings -> Help -> Contact us -> …

Fitco welcomes any feedback you may have on the SiApp Application.

## 9. No warranty

The SiApp App and Fitco Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the SiApp App, Fitco Website(s) or the contents of any of them. Fitco does not warrant or undertake that use and availability of the SiApp App and Fitco Website(s) will be uninterrupted or error-free.

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE SIAPP APPLICATION OR FITCO WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF FITCO IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

## 10. Third Party Content

For your convenience Fitco may include in the SiApp App or Fitco Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that Fitco has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.

The SiApp App and Fitco Website(s) may include content submitted by other users of the SiApp App and Fitco Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.

The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

## 11. No Medical Advice

The SiApp App allows you to track and verify your physical movement, generate SiCoins and use SiCoins to redeem goods, services and other benefits. THE SERVICES WE PROVIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. The SiApp Application is not a tool for the diagnosis or prevention of disease. We do not endorse any third party products or services listed on the SiApp Marketplace and, where these relate to your health, you should always take appropriate medical advice before using them. YOUR USE OF THE SIAPP MOBILE APP DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND FITCO.

## 12. Changes and updates to the Terms of Use

We may change or update these Terms of Use from time to time. If we decide to do this we will post such changes or updates on our website http://siapp.ge and on the SiApp Application, so that you are always aware of the terms and conditions for the use of the SiApp Application and Fitco Website(s). If we make a significant change to these Terms of Use, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use on the SiApp Application or Fitco Website(s) from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use, by continuing to use the SiApp Application or any Fitco Website(s) you agree to be bound by such change or update.

From time to time we may make available additional terms or guidance in relation to the usage of SiApp Application or Fitco Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the SiApp Application or any Fitco Website(s).

## 13. SiApp Marketplace

The SiApp App enables users to offer goods, services and other benefits to other users that may be redeemed in exchange for SiApps (such functionality being the “SiApp Marketplace”).

Where you use the SiApp Marketplace to offer or redeem goods, services or other benefits in exchange for SiApps, any such transaction is entered into directly between you and the legal person making available the relevant goods, services or other benefits to you or redeeming such goods, services or other benefits from you, as applicable. Without limiting the effect of these Terms of Use in any way, transactions taking place on the SiApp Marketplace are subject to the legal terms of the party offering the relevant goods, services or other benefits on the SiApp Marketplace (including as stated in the actual listing), and we and our affiliates are not party to any such transactions save to the extent that we engage in transactions ourselves directly on the SiApp Marketplace.

To the extent that Fitco agrees to administer on your behalf via Fitco’s own account any offer of goods or services or other benefits in exchange for SiCoins on the SiApp Marketplace, Fitco shall be entitled to retain up to 100% of the SiCoins received for its own benefit in its absolute discretion.

You agree that Fitco has no responsibility for any goods, services or other benefits offered by you or by any third party on the SiApp Marketplace. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of the SiApp Marketplace. Our operation of the SiApp Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any user.

Fitco is entitled to alter the selection of goods services and other benefits on offer, and the number of SiCoins required to redeem any such goods, services or other benefits offered, on the SiApp Marketplace, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion. Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant goods, services or other benefits, if you do not agree with the revised number of SiCoins required.

You represent and warrant to us that any goods, services or other benefits that you offer on the SiApp Marketplace will: (i) conform to the description you provide for them, (ii) comply with all applicable laws and regulations, (iii) be of satisfactory quality, (iv) conform to our acceptable use requirements (stated in Section 6 above), and (v) be delivered in full once a user redeems the relevant goods services or other benefits using the requisite number of SiApps in accordance with your stated terms and conditions.

You agree that we may remove any listing or offer on the SiApp Marketplace at any time in our absolute discretion. All goods, services or other benefits listed on the SiApp Marketplace are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the user listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via the SiApp marketplace only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.

You agree that disputes in relation to any goods, services or other benefit redeemed via the SiApp Marketplace shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programs that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in.

We welcome feedback on SiApp Marketplace participants. In the event that we determine in our absolute discretion that any fraud has occurred or any user has breached these Terms of Use or refused or failed to honor an offer of goods, services or any other benefit it has listed on the SiApp marketplace that has been duly redeemed by another user using the requisite number of SiCoins and in accordance with any applicable terms and conditions, we reserve the right in our absolute discretion to (i) reallocate SiCoinss between users to reimburse any aggrieved user where we deem this appropriate, and (ii) suspend or terminate the use of the SiApp Application by any user(s).

You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on the SiApp Marketplace that we have not participated in.

We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on the SiApp marketplace is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that you list or redeem using the SiApp Marketplace.

As a form of marketplace curation Fitco may offer an option for the users to report an offer via SiApp application functionality and reserves a right after a review to delist the offer from the SiApp Marketplace.

## 14. Limitation of liability

You acknowledge that the SiApp Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the SiApp Application meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the SiApp App, Fitco Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the SiApp Application or Fitco Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of SiCoins by us.

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the maximum aggregate limit specified in the following paragraph.

## 15. Apple’s requirements

As users of the App Store operated by Apple Inc, we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms of Use.

## 16. General

We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent. Any attempt to do so without our consent will be void.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms of Use and their subject matter and formation, are governed by Georgian law. You and we both agree that the courts of Georgia will have non-exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.

———–

# Attachment 1

## App Store Terms

1. The Terms of Use are concluded between you and Fitco, and not with Apple Inc (“Apple”). The SiApp App and its contents are the responsibility of us, our licensors and users of the SiApp Application (to the extent that such users create, submit or distribute any content via the SiApp Application) and not Apple.

2. The licence to use the SiApp Application granted under these Terms of Use is a non-transferable license for you to use the SiApp Application on an Apple-branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the SiApp lication may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.

3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the SiApp Application. We do not offer maintenance or support services in connection with the SiApp Application.

4. Apple will have no warranty obligation whatsoever with respect to the SiApp Application, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the SiApp Application to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.

5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the SiApp Application or your possession and/or use of the SiApp Application, including, but not limited to: (i) product liability claims; (ii) any claim that the SiApp Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. In the event of any third party claim that the SiApp Application or your possession or use of the SiApp App infringes that third party’s intellectual property rights, Fitco and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. You must comply with any third party terms that are applicable to the use of the SiApp App from time to time.

9. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.