I. OVERVIEW

The FITMAX app (referred to as the "App") is offered by COMING TECHNOLOGY ., JSC (referred to as the "Company"). Prior to using the App, the user (referred to as the "Client") must carefully read and fully understand the App's related Terms and Conditions (referred to as the "FITMAX Terms and Conditions"), which are applicable when accessing and using the App. The Client must also carefully read and fully understand the Company's Privacy Policy available at https://fitmax.io/privacy-policy, which is incorporated into these FITMAX Terms and Conditions by reference.By using the App on any electronic device, including computers, mobile phones, or smartphones, the Client indicates agreement to be bound by the FITMAX Terms and Conditions, Privacy Policy, and any other App guidelines and policies (referred to collectively as the "Other Policies"), whether or not the Client registers or creates an account with the Company.If the Client disagrees with these FITMAX Terms and Conditions, Privacy Policy, and Other Policies as communicated when using the App or does not wish to be bound by them, the Client must refrain from using the App in any way whatsoever.

II. ABOUT THE APP

The App is proprietary to the Company and constitutes its intellectual property. Any intellectual property related to products and/or services offered on or through the App may be proprietary to the Company or its partners and shall constitute their intellectual property, as applicable.Clients can redeem the minimum number of points (as specified in the App) collected in their account for products and/or services offered on or through the App, regardless of whether they are offered by the Company or its partners. Clients can also use these points to purchase tickets to events held on or through the App, as well as to avail discounts on products and/or services available on or through the App, whether offered by the Company or its partners. If any specific or additional terms and conditions are attached to such products and/or services, they will also be applicable and form an integral part of these FITMAX Terms and Conditions.The App is currently free of charge. The Company may switch to a subscription-based model in the future, but will notify Clients when it does so.

III. ACCEPTANCE OF TERMS, ETC.

These FITMAX Terms and Conditions constitute an electronic and legally binding contract that establishes the terms and conditions the Client must accept before using the App or any of its parts, including the Privacy Policy and Other Policies referenced herein. These also include any specific policies and terms and conditions disclosed to the Client if the Client uses any subscription or additional features, products, or services offered by the Company on or through the App, whether free or otherwise, such as terms governing features, billing, free trials, promotions, and discounts. By using the App, the Client unconditionally consents and accepts these FITMAX Terms and Conditions, Privacy Policy, and Other Policies. To withdraw such consent, the Client must stop using the App and terminate the Client's account with the Company. The Client is advised to keep a physical copy of these FITMAX Terms and Conditions and all other mentioned policies for record-keeping purposes.The Client consents to receive these FITMAX Terms and Conditions and all notices in electronic form.Every time the Client uses the App, the Client confirms agreement with these FITMAX Terms and Conditions, Privacy Policy, and Other Policies.If the Client has entered into any other agreement with the Company, such as a race entry agreement, a liability waiver, or a sponsorship agreement, the terms and conditions of those agreements will supersede and take precedence over these FITMAX Terms and Conditions in the event of any inconsistency.

IV. ELIGIBILITY

The minimum age required to use the App is 4 years. By using the App and in order to legally contract under applicable law, the Client represents and warrants that the Client is at least 4 years of age or not a minor in any other jurisdiction where the Client uses the App.By using the App, the Client represents and warrants to the Company that the Client has the right, authority, and capacity to enter into these FITMAX Terms and Conditions and to comply with all of their terms and conditions.By using the App, the Client represents and warrants that any registration and other information submitted is accurate and truthful (if any) and that the Client will maintain the accuracy of any information provided.

V. APP ACCOUNT

To use the App, the Client simply needs to sign in using email. The Company uses Client's emails to indentify users and link to their Fitness activity data recorded via in-app practice. Other information, such as name is just optional. For more information on the type of information the Company collects and how it uses it, please refer to the Privacy Policy available at https://fitmax.io/privacy-policy.The Client's account details provided to the Company must always be kept confidential and not disclosed or shared with anyone else. The Client is solely responsible and liable for any and all usage and activity on the App that takes place under the Client's account.By accepting these FITMAX Terms and Conditions, the Client grants the Company permission to send electronic communications, including emails, newsletters, notifications, and promotional offers, as part of the Company's services. If the Client no longer wishes to receive such electronic communications, the Client may contact the Company at https://fitmax.ioAny account opened with the Company is personal to the Client and cannot be gifted, transferred, lent, or otherwise shared or used by any other person or entity.Each Client is only permitted to have one account on the App platform. The Company reserves the right to investigate, suspend, or terminate the Client's account temporarily or permanently if the use of multiple accounts/registrations by a single user is identified.

VI. TERM AND TERMINATION

These FITMAX Terms and Conditions will remain in effect for the duration of the Client's use of the App or any of its parts.The Client may choose to terminate or disable their App account at any time and for any reason by deleting the App from their device.The Company may, at its sole discretion, terminate or suspend the Client's App account temporarily or permanently, with or without notice, for any reason, including if the Client breaches these FITMAX Terms and Conditions. If the Client's App account is terminated or suspended, all terms herein will survive such termination or suspension and continue to be in effect, except for any terms that expire or are fully satisfied by nature.The Client acknowledges that the Company reserves the right to terminate or delete their account if it remains inactive for a period determined by the Company at its sole discretion. If the Company terminates or suspends the Client's account due to a breach of these FITMAX Terms and Conditions, the Client will not be entitled to any refund of unused subscription fees or fees for any in-App purchases.Upon termination of these FITMAX Terms and Conditions, the Company will only retain and use the Client's content in accordance with these FITMAX Terms and Conditions.

VII. APP USAGE

The App is intended for the Client's personal and non-commercial use only.The Client is strictly prohibited from:a. Engaging in marketing, promotion, advertising, or solicitation of other Clients to buy or sell products or services, whether through the App or otherwise;b. Sending chain letters, junk, bulk, or spam e-mails or other unsolicited communications of any kind to other Clients or publishing them on the App or elsewhere; andc. Contacting any other Client or using their details for any purpose not expressly permitted under these FITMAX Terms and Conditions.The Client is solely liable for any of the aforementioned acts and agrees to indemnify the Company for any related liability, responsibility, risk, and consequences.The Client agrees to take all necessary precautions when interacting with other Clients on the App, if permitted.The App may contain links or references to other apps, websites, or platforms ("sites"). The Company is not responsible for the content or transactions on third-party sites. Links or references are provided for convenience only, and the Company is not liable for any damages or injuries arising from those sites. By using a third-party site, the Client may be agreeing to their terms and conditions, which may differ significantly from these FITMAX Terms and Conditions. The Client should understand the risks and any applicable policies of third-party sites before using or transacting with them.

VIII. ACCOUNT SECURITY

The Client is solely responsible for maintaining the confidentiality of their App login details (including username and password) and for all activities that occur under their login. The Client must immediately notify the Company of any unauthorized use or disclosure of their login or any breach of security by emailing hi@fitmax.io

IX. PROPRIETARY RIGHTS

The Client acknowledges that the Company or its partners own the proprietary information available on the App, including confidential information, and retain all proprietary and intellectual property rights in them.The Client agrees not to copy, modify, transmit, disclose, distribute, create derivative works from, commercially use, reproduce, or make public any confidential or proprietary information, copyrighted material, trademarks, service marks, or other proprietary information accessible through the App, whether owned by the Company or not, without obtaining the Company's prior written consent.The Client agrees not to copy, modify, publish, transmit, distribute, display, commercially exploit, sell, or use any copyrighted information uploaded, published, or posted by other Clients on the App for any purpose whatsoever.By posting information or content to any profile pages or public area of the App, or linking their account to social network accounts, the Client grants the Company an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display, and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world.The Company may modify, add, or vary existing features or programs on the App or create new ones, which the Client may voluntarily participate in or be a part of as a test group with special access. By participating in such features or programs, the Client grants the Company an unconditional and perpetual right and consent to the additional terms and conditions (if any) of such features or programs, which will be in addition to these FITMAX Terms and Conditions.

X. CLIENT INFORMATIONY

The Client can find information about the collection and possible use of their information and content in the Privacy Policy at https://fitmax.io/privacy-policy.The Client may choose to opt into the exchange of personal contact information with other Clients. The Client is solely responsible for any risks and consequences arising from such exchanges and agrees to indemnify the Company for any related liability.The Company reserves the right to disclose any information submitted by the Client if the Company reasonably believes that such disclosure is required to comply with applicable laws, requests or orders from law enforcement agencies, protect the Company's or any third-party's rights or property, or support any fraud or legal investigation. The Client grants the Company an unconditional, perpetual right and permission to make such disclosure.By using the App, the Client grants the Company permission to use their information and experiences to improve the App's functionality and for promotional purposes, including publishing the Client's non-personal information on partner websites and for research and analytical purposes.

IX. PROHIBITED ACTIVITIES

The Company reserves the right to investigate and suspend or terminate the Client's App account temporarily or permanently if the Client engages in any of the following acts:Violating these FITMAX Terms and Conditions, Privacy Policy or Other Policies;Abusing, impersonating, or defaming the Company, any other Client, person, entity, or religious community;Using the App for any commercial activity not expressly permitted in Clause 7 of these FITMAX Terms and Conditions;Stalking or harassing any other Client or person;Making statements, whether expressed or implied, as endorsed by the Company without the Company's prior written consent;Using the App in an illegal manner or committing illegal acts or using the App not expressly authorized by the Company;Using any tool or process to retrieve, index, 'data mine,' or circumvent the navigational structure or presentation of the App;Collecting any personal information of other Clients for any purpose not expressly permitted under these FITMAX Terms and Conditions;Sending unsolicited emails or any other communication not expressly permitted under these FITMAX Terms and Conditions;Unauthorized framing or linking to the App without the Company's written authorization;Interfering with, obstructing, destroying, or disrupting the App or its servers or networks;Transmitting any content or material containing computer viruses, malware, spyware, or any other code designed to disrupt or limit the functionality of the App or any computer software or hardware;Disguising the origin of any information transmitted to or through the App;Using any reference to the Company or the App to direct users to any other website or link or application for any purpose;Modifying, adapting, sublicensing, selling, reverse engineering, deciphering, decompiling, or disassembling any portion of the App;Using content or information obtained from the App for any purpose other than in connection with the Client's use of the App in accordance with these FITMAX Terms and Conditions;Registering multiple accounts or fake identities;Participating in fraudulent activities to collect invite rewards;Manipulating the App's servers or using fraudulent means to show and claim a number of exercises that exceed the actual exercises performed by the Client.

XII. CONTENT POSTED BY THE CLIENT

The Client is solely responsible for any and all content or information that the Client posts, uploads, shares, publishes, links to, transmits, records, displays or otherwise make available (hereinafter collectively referred to as “publish”) on or through the App or transmit to other Clients, including text messages, chat, audio, video, photographs, images, graphics or any combination thereof, whether publicly published or privately transmitted (hereinafter collectively referred to as “Content”).The Company does not verify or validate the completeness, accuracy or truth of any Content the Client publishes on or through the App. The Company is not the publisher of the Content and only provides the Client with a technology platform to facilitate the Client to publish such Content. The Company assumes no responsibility or liability of any sort whatsoever for providing a technology platform to the Company's Clients to facilitate publishing their Content. To protect the integrity of the App, the Company reserves the right to exercise editorial control over the Client’s Content, including the right to block any Client from using the App, whether temporarily or permanently.The Client shall not publish to the Company or to any other Client (either on or off the App), any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or content that infringes or violates the rights of the Company or its partners or any third parties (including intellectual property rights, and rights of privacy and publicity).The Client represents and warrants that (i) all information and Content that the Client submits upon creation of the Client’s App account, including information submitted from any permissible linked third party account, is accurate, complete and truthful and that the Client will promptly update any information provided by the Client that subsequently becomes inaccurate, incomplete, misleading or false and (ii) the Client has the right to publish the Content on the App and grant the licenses as agreed in these FITMAX Terms and Conditions.The Client understands and agrees that the Company may monitor or review any Content the Client publishes on the App. The Company may delete any Content, in whole or in part, that in the Company’s sole judgment violates these FITMAX Terms and Conditions or may harm the reputation of the App or the Company or its partners.By publishing Content on the App, the Client automatically grants the Company and to the Company's partners, affiliates, licensees, successors and assigns, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. The Client represents and warrants that any such publishing and/or use of the Client’s Content will not infringe or violate the rights of any third party.The Client shall not publish, upload, modify, display, publish, transmit, update, share or otherwise make available Content that:a. Advocates harassment or intimidation of another person;b. Relates to or promotes or encourages money laundering, sex trafficking or gambling;c. Requests money from, or is intended to otherwise defraud, other Clients of the App;d. Involves the transmission of “junk mail”, “chain letters,” or “spamming” or similar activities;e. Promotes racism, bigotry, hatred or physical harm or injury of any kind against any religion, group, community or individual or is offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate;f. Belongs to another person and to which the Client are already aware that the same does not belong to the Client or that the Client do not have any right to the same;g. Is an illegal or unauthorized copy of another person’s copyrighted work;h. Contains video, audio, photographs or images of a person without his or her permission (or in the case of a minor, the minor’s legal guardian);i. Contains unauthorised, restricted or password only access pages or hidden pages or images;j. Contains or disseminates viruses, time bombs, trojan horses, worms or other harmful or disruptive codes, components or devices;k. Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;l. Provides information or data the Client does not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);m. Disrupts the normal flow of communication between other Clients or otherwise negatively affects a Clients’ ability to engage in real time communication through the App;n. Solicits passwords or personal identifiable information for commercial, unauthorised or unlawful purposes from other Clients or disseminates another person’s personal information without his or her permission;o. Contains any advertising or commercial messages not expressly permitted under these FITMAX terms and conditions;p. Infringes upon or violates any third party's right to privacy, including any intellectual property rights;q. Hinders the App functionality in any way or interferes or affects other Clients’- use and enjoyment of the App; or (xviii) violates any applicable law for the time being in force.The Company reserves the right, in the Company’s sole discretion, to investigate and take any legal action against anyone who violates this Clause 12.7, including deleting or removing the offending Content from the App and/or terminating or suspending the App account of such violating Client. Whilst the Company reserves the Company’s right to delete or remove such Content, the Company does not guarantee that such offensive Content will be removed or deleted. Failure by the Company to remove or delete such Content does not waive the Company's right to remove or delete the same in subsequent or similar cases.The Client’s use of the App, including all Content the Client publishes, must comply with all applicable laws and regulations. The Client agrees that the Company may access, preserve and disclose the Client’s account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (i) comply with applicable laws, requests or orders from law enforcement agencies, appropriate competent authorities or for any legal process or proceeding; (ii) protect or defend the rights or property of the Company or any third party; (iii) enforce these FITMAX Terms and Conditions, Privacy Policy and Other Policies; (iii) in support of any fraud/ legal investigation/ verification checks; or (iv) respond to the Client’s requests for customer service or allow the Client to use the App in the future.The Company assumes no responsibility or liability for any deletion of or failure to store any of the Client’s Content.

XIII. MODIFICATIONS TO THE APP

The Company reserves the right to change or terminate the App (or any part of it) at any time, with or without notice. The Client acknowledges that the Company is not liable to the Client or any third party for any modifications, suspensions, or discontinuations of the App. The Client's continued use of the App implies acceptance of any new or modified FITMAX Terms and Conditions. It is recommended that the Client periodically review these FITMAX Terms and Conditions to stay informed of any changes made by the Company.

XIV. DISCLAIMER OF WARRANTY

The Company provides the App on an "AS IS" and "AS AVAILABLE" basis and makes no warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of accuracy, completeness, appropriateness, fitness for a particular purpose, or non-infringement. The use of the App is not guaranteed to be secure, uninterrupted, error-free, virus-free, or to meet the Client's expectations, and the Company disclaims any liability for such issues or defects.The Company is not responsible for any opinions, advice, statements, offers, or other information provided by third parties on the App, and such content should not necessarily be relied upon. The Company does not guarantee the accuracy or usefulness of any information provided on the App, nor does it endorse or accept responsibility for any opinions, advice, or statements made by third parties.The Company may offer experimental features or tools on the App from time to time, which are provided without any warranty and may be modified or discontinued at the Company's discretion.The Company is not liable for any damages, losses, liabilities, injuries, or disappointments incurred or suffered by the Client as a result of using the App.

XV. LIMITATION OF LIABILITY

The Client acknowledges that the Company does not provide medical advice through the App. The content provided on the App, including any text, images, and audio or video clips, is not intended to be used in place of medical advice from a healthcare professional. The Client should seek advice from a physician or other healthcare provider for any health-related concerns.The Client should not delay seeking medical advice or disregard medical advice because of any content on the App. The use of the App or any content available on the App should not be used for diagnosing or treating health problems. The Company does not create a healthcare professional-client relationship between the Client and the Company or any other Clients or third parties.The Client understands that participating in athletic activities on the App carries inherent risks of bodily injury, property damage, or death. The Client assumes all known and unknown risks associated with such activities and releases the Company from any liability related to any such activities. The Company is not responsible for the inspection, supervision, preparation, or conduct of any athletic event or activity on the App.The Client agrees that the Company is not liable for any direct, indirect, punitive, or consequential damages arising from the use of the App, the use of equipment or programs created by the Company, the Client's interactions with third-party service providers or advertisers on the App, or any delay or inability to use the App. The Company is also not liable for any information, software, products, services, or content obtained on or through the App or any interactions between the Client and the Company or other clients or third parties. This limitation of liability applies even if the Company knew or should have known about the possibility of damages.The Company is not liable for any delay or failure in performance resulting from causes beyond its control, including acts of nature, equipment failures, hacking, and governmental actions.The Client releases the Company from any liability associated with the use of the App or participation in athletic activities on the App and promises not to sue the Company or its related parties for any claims, injuries, damages, or losses related to such use or activities.

XVI. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold the Company, its partners, affiliates, subsidiaries, and their respective officers, directors, employees, agents, consultants, and other related or affiliated third parties, harmless from any and all losses, claims, costs, demands, liabilities, and expenses (including reasonable attorney's fees) related to or arising from the Client's use of the App. This includes any violation of these FITMAX Terms and Conditions, any action arising from content published on or through the App that infringes on any proprietary or intellectual property rights of third parties (such as copyright, trade secrets, trademark, or patent), and any content or communication that denigrates, libels, or invades the privacy rights of third parties. The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification by the Client at the Company's cost, and the Client will cooperate fully in asserting any available defenses in such cases.

XVII. CAUTION

The Company may conduct strict verification checks on new user account profiles to ensure the accuracy of profile information and identify any unsuitable, objectionable, or inappropriate content. However, the Company cannot guarantee the accuracy of all content or the identity of all Clients, nor can it identify all unsuitable, objectionable, or inappropriate content. The Client should not solely rely on the accuracy and completeness of other Client content, and the Company will not be responsible for any false or misleading information provided by any Client. If the Client has any concerns about other Client content, they can contact the Company at hi@fitmax.io with the details.The Client acknowledges and agrees to ensure that their interactions with other Clients on the App are always lawful and appropriate, and that they alone will be responsible for any consequences resulting from their interactions.

XVIII. MISCELLANEOUS

Entire Agreement: These FITMAX Terms and Conditions represent the entire agreement between the Client and the Company regarding the subject matter and supersedes any prior agreements, understandings, or communications, whether written or oral, between the Client and the Company.

Amendment: The Company reserves the right to amend these FITMAX Terms and Conditions at any time. The Client should periodically review the App to ensure they are aware of the current FITMAX Terms and Conditions.

Survival: Termination or suspension of the Client's App Account does not affect provisions that, by their nature, are intended to survive such termination or suspension.

Governing Law and Jurisdiction: These FITMAX Terms and Conditions are governed by and construed in accordance with the laws of Singapore. Any disputes arising from or related to these FITMAX Terms and Conditions or the App will be settled amicably by the Company and the Client. If a dispute cannot be resolved amicably within 30 days, it will be resolved by the Singapore International Arbitration Centre according to their rules. The language of the arbitration will be English, and the physical venue will be Singapore. Any arbitral award is final and enforceable in any court of competent jurisdiction.

No Assignment: The Client cannot assign their rights or obligations under these FITMAX Terms and Conditions to anyone else.

Severability: If any provision of these FITMAX Terms and Conditions is held invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

Waiver: No waiver of any term, provision, or condition of these FITMAX Terms and Conditions, whether by conduct or otherwise, will be deemed a further or continuing waiver of any such term, provision, or condition or of any other term, provision, or condition of these FITMAX Terms and Conditions.

XIX. CHANGES

The Company reserves the right to modify or update these FITMAX Termsand Conditions, Privacy Policy, and Other Policies at any time. Such changes may be made without prior notice, and the Client agrees to be bound by any modifications or updates. The Company will indicate the "last updated" date when posting any changes. The Client agrees to periodically review these FITMAX Terms and Conditions, Privacy Policy, and Other Policies for any updates or changes.

XX. CONTACT USPlease contact us by email at hi@fitmax.io for any questions or comments regarding these FITMAX Terms and Conditions.