In Shape Dates Terms Of Use

1.1. Welcome to InShape Dates (“InShape Dates App”), a personal application designed to make your fitness and dating journey easier, provided by In-Shape Dates, LLC. (“In-Shape”). Your access to InShape Dates and use of InShape Dates content is governed by and subject to the following Terms of Use (“Terms”). In-Shape may update the Terms from time to time without notice to you; however, you can review the most current version of the Terms at any time at: https://inshapedates.com/terms-and-conditions. Certain In-Shape-owned or In-Shape-operated services will be subject to additional posted license, purchase terms or subscription, guidelines or rules that In-Shape may modify from time to time. The license, purchase or subscription terms, guidelines or rules (including but not limited to our Privacy Policy at https://inshapedates.com/privacy-policy) are hereby incorporated by reference into the Terms.

By checking the box entitled “Yes, I agree with these Terms of Use” and clicking “Continue” on the InShape Dates App registration page or by using InShape Dates App, you acknowledge that you have read, understand and agree to be bound by the Terms. If you do not agree with the Terms, check the box entitled “No, I do NOT agree with these Terms of Use” and click “Continue” or “Cancel” and your access to InShape Dates App will terminate.

1.2. Subject to the Terms, you may use InShape Dates App to browse, locate, download, license or purchase Gadgets (defined as small applications that you can install and execute within InShape Dates App), Products (defined as data files, applications, written text, software made available through InShape Dates App) and Services (defined as solution provider offerings made available through InShape Dates App) for free or a fee.

1.3. Some of the Gadgets, Products and Services will be offered by In-Shape Dates while others will be offered by sources other than In-Shape Dates (“Third Parties”). You agree that (i) In-Shape Dates is not responsible for any Gadgets, Products and Services that originate from Third Parties, and (ii) that you are solely responsible for all fees associated with purchases you make through In-Shape Dates.

2.1. You agree that In-Shape may stop (permanently or temporarily) providing you or others access to In-Shape (or any features within the InShape Dates App) at In-Shape’s sole discretion, without prior notice.

2.2. You agree that if In-Shape disables access to your InShape Dates App account (“Your Account”), you may be prevented from accessing InShape Dates App, your account details and any In-Shape or Third Party files, information, Gadgets, Products and/or Services (collectively “Content”) that are part of Your Account.

2.3. From time to time, In-Shape may discover Content that violates the legal agreements, laws, regulations or policies. You agree that In-Shape may remove Content from Your Account at its sole discretion.

3.1. You may not use or authorize any party to co-brand or frame any Company Websites without the express prior written permission of an authorized representative of Company in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site.

3.2. For purposes of these Terms of Use, "framing" refers to displaying any Company webpage within a bordered area of another website, regardless of whether the address of the originating Company Website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Company.

4.1. You agree that you will not use InShape Dates App in any manner that could in any way disable, overburden, damage, or impair InShape Dates App or otherwise interfere with any other party's use and enjoyment of the App.

4.2. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of InShape Dates App.

5.1. InShape Dates App is for your personal and non-commercial use, unless otherwise specified in writing. You may not use InShape Dates App for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of In-Shape in each instance, which permission will be at In-Shape's sole and absolute discretion.

5.2. You must not post, upload, or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose.

5.3. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to Company's Websites, in whole or in part.

6.1. In order to access certain Content on InShape Dates App, you may be required to provide information about yourself such as (but not limited to) your name, address, and billing details. You agree that any such information you provide to In-Shape will always be accurate, correct, and up to date.

6.2. You acknowledge and agree that Third Party Content is the sole responsibility of the Third Party providing it.

6.3. InShape Dates App may expose you to Content you find offensive, indecent, or objectionable. You agree that, in this respect, you use InShape Dates App at your own risk.

6.4. You agree that you are solely responsible for (and that In-Shape has no responsibility to you or to anyone else for) your use of InShape Dates App, any Content, your breach of any obligations under the Terms, and for the consequences (including loss or damage of any kind which you or In-Shape may suffer) of any breach of such obligations.

6.5. You agree to use InShape Dates App, including but not limited to accessing, downloading, or installing Content, only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

6.6. You agree to comply with all applicable export and import controls, including, but not limited to, the United States Department of Commerce's Export Administration Regulations and sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control. By using InShape Dates App, you represent and warrant that you are not prohibited from receiving exports, imports, or services under US or other applicable laws.

6.7. You agree not to access (or attempt to access) InShape Dates App by any means other than through the interface made available by In-Shape, unless you have been specifically allowed to do so in a separate agreement with In-Shape.

InShape Dates is committed to ensuring a safe and secure environment for all users and strictly prohibits any content or behavior that endangers, exploits, or abuses children in any manner. By using this app, you agree to comply with the following child safety standards:

7.1. Prohibited Content & Behavior: Any form of child sexual abuse materials (CSAM), grooming, exploitation, trafficking, or inappropriate interactions with minors is strictly forbidden.

7.2. User Reporting Mechanism: InShape Dates provides an in-app mechanism for users to report any inappropriate or harmful content.

7.3. Immediate Action & Compliance: Any violations of child safety policies will be immediately addressed in accordance with applicable laws, including reporting to the National Center for Missing & Exploited Children or relevant authorities.

7.4. Child Safety Contact: InShape Dates maintains a designated Child Safety Point of Contact to address any concerns related to child protection and comply with regulatory requirements.

7.5. Legal Compliance: We fully comply with global child safety laws and regulations to prevent any form of child exploitation on our platform.

8.1. In-Shape gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use InShape Dates App for the sole purpose of enabling you to use and enjoy the benefits of InShape Dates App as delivered by In-Shape solely in the manner permitted by the Terms and any additional terms imposed by Third Parties for Third Party Content you access or use.

8.2. Some Content may be governed by applicable open-source software licenses. In the event of a conflict between the Terms and any applicable open-source licenses, the open-source software licenses shall prevail with respect to the open-source components.

8.3. You shall not (and you shall not permit anyone else to):

• Copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Content, unless otherwise expressly permitted by In-Shape or a Third Party.
• Take any action to circumvent or defeat the security or Content usage rules provided, deployed, or enforced by any functionality (including, without limitation, digital rights management or forward-lock functionality) in the Content.
• Use Content to access, copy, transfer, transcribe, or retransmit anything in violation of any law or the rights of others.
• Remove, obscure, or alter In-Shape or a Third Party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Content.

8.4. Unless In-Shape or a Third Party has given you express and specific written permission to do so, you shall not assign, transfer, grant a sub-license, or create a security interest in your license to use InShape Dates App or any Content to someone else.

9.1. You retain copyright and any other rights you already hold in material that you submit, post, or display on or through InShape Dates App (Your Material). However, by submitting, posting, or displaying Your Material, you hereby grant In-Shape a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to:

• Make, use, import, offer to sell, and sell Your Material.
• Have made, reproduce, prepare derivative works of, perform, and display Your Material.
• Distribute and disclose Your Material in any form for any purpose at In-Shape's sole discretion, without notice or attribution to you (Your Grant).

9.2. You agree that Your Grant allows In-Shape to make Your Material available to other companies, organizations, or individuals with whom In-Shape has relationships for the provision of services and to use Your Material in connection with those services.

9.3. You understand that, as part of making InShape Dates App and Content available to you and others, Your Grant allows In-Shape to:

• Transmit, broadcast, and/or distribute Your Material over various public networks and media.
• Make necessary modifications to Your Material to facilitate such distribution.

9.4. You represent and warrant to In-Shape that you have all necessary rights, authority, and power to provide Your Grant to In-Shape.

10.1. You are responsible for maintaining the confidentiality of passwords associated with Your Account and agree to be responsible to In-Shape for all activities that occur under Your Account, whether performed directly by you or by others.

10.2. If you become aware of any unauthorized use of your password or of Your Account, you shall notify In-Shape immediately by calling In-Shape at +1 (813) 438-9401.

11.1. For details about In-Shape's data protection practices, please read ourPrivacy Policy. This policy explains how In-Shape collects, uses, and protects your personal information when you use the InShape Dates App.

11.2. By using InShape Dates App, you agree that In-Shape may use Your Material, including any personal information you provide, in accordance with our Privacy Policy.

15.1. You acknowledge and agree that any diet plans, meal recommendations, or nutritional guidance provided through InShape Dates App are for informational purposes only. You are solely responsible for reviewing all ingredients and ensuring you do not consume anything to which you have known or suspected allergies, sensitivities, or intolerances.

15.2. You expressly understand and agree that In-Shape shall not be liable for any adverse reactions, allergic responses, or other negative health outcomes resulting from following diet plans or consuming foods recommended through InShape Dates App, regardless of whether such reactions were foreseeable or not.

16.1. You acknowledge and agree that participation in any exercise, workout routine, or physical activity suggested or demonstrated through InShape Dates App carries inherent risks of injury and requires appropriate safety precautions. You agree to: (a) Consult with a qualified medical professional before starting any exercise program (b) Use appropriate spotters when performing exercises with weights or equipment (c) Begin with lower weights and gradually increase intensity as appropriate (d) Follow proper form and technique as demonstrated (e) Stop any exercise that causes pain or discomfort.

16.2. You expressly understand and agree that your participation in any exercise or physical activity recommended or demonstrated through InShape Dates App is entirely at your own risk. In-Shape shall not be liable for any injuries, accidents, or adverse health outcomes resulting from your participation in such activities, regardless of whether you followed the demonstrated techniques or safety recommendations.

17.1. These Terms will remain in effect until terminated by either you or In-Shape as set out below.

17.2. You can terminate these Terms by stopping all use of InShape Dates App , Your Account and all Content you use or purchased through InShape Dates App.

17.3. In-Shape may at any time, terminate these Terms if: (A) you have breached any provision of these Terms, (B) In-Shape is required to do so by law; or (C) In-Shape decides to discontinue operation of InShape Dates App.

17.4. Notwithstanding termination of these Terms, the following provisions will remain in force against you and In-Shape: 1.3, 2.1, 2.2, 3.2, 3.4, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 4.2, 4.3, 4.4, 5, 6, 7.2, 8, 10, 11.4, 12, 13, 14 and 15.

18.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF INSHAPE DATES APP AND ANY CONTENT OBTAINED THROUGH INSHAPE DATES APP IS AT YOUR SOLE RISK AND THAT INSHAPE DATES APP IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN-SHAPE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO INSHAPE DATES APP AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

18.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BECAUSE US OF INSHAPE DATES APP AND ALL CONTENT IS AT YOUR SOLE RISK, IN-SHAPE IS NOT RESPONSIBLE FOR AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS, NETWORKS, MOBILE AND OTHER DEVICES, AND LOSS OF DATA THAT MAY RESULT FROM SUCH USE.

19.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN-SHAPE AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT YOU MAY INCUR THROUGH USE OF InShape Dates App AND ANY CONTENT ACCESSED OR OBTAINED FROM INSHAPE DATES APP, WHETHER OR NOT IN-SHAPE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

19.2. IN-SHAPE'S SOLE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF YOUR RELATIONSHIP WITH IN-SHAPE BECAUSE YOU HAVE ACCESSED OR USED INSHAPE DATES APP OR ANY CONTENT IS LIMITED TO US ONE HUNDRED DOLLARS ($100.00)

By using InShape Dates, you agree to adhere to the following content, safety, and compliance policies designed to ensure a secure and respectful environment for all users:

20.1. Safety & User Protection: InShape Dates prohibits content that is offensive, discriminatory, violent, sexually explicit, or harmful in any way. User-generated content must follow strict moderation policies, including content filtering, reporting mechanisms, and tools to block abusive users. The use of misleading or false information, such as fake location tracking, is not allowed.

20.2. Content Moderation & User Responsibilities: Users must not post content that promotes violence, harassment, objectification, or illegal activities. User-generated content may be reviewed, and violations may result in content removal, account suspension, or permanent bans. If the platform is used primarily for inappropriate or harmful content, it may be subject to restrictions or termination.

20.3. Data & Security Compliance: InShape Dates ensures that user data, including analytics, advertising services, and third-party integrations, comply with security and privacy regulations. The app is regularly monitored and updated to maintain a safe and compliant environment.

20.4. Liability & Compliance: Users are responsible for ensuring their actions comply with legal and ethical standards. Any attempt to manipulate the platform, steal data, impersonate others, or engage in fraudulent activities will result in immediate suspension or removal. Age restrictions and content rating policies will be applied to ensure appropriate access to features and services. By using InShape Dates, you acknowledge and agree to abide by these guidelines, which help maintain a safe, secure, and enjoyable experience for all users.

21.1. In-Shape may make changes to the Terms or from time to time. When these changes are made, In-Shape will make a new copy of the Terms available at https://inshapedates.com/terms-and-conditions.

21.2. You understand and agree that if you use InShape Dates App or any Content after the date on which the Terms have changed, your use will be subject to and governed by the updated Terms.

22.1. These Terms constitute the entire legal agreement between you and In-Shape and govern your use of InShape Dates App and In-Shape-provided Content. The Terms completely replace any prior agreements between you and In-Shape in relation to In-Shape Dates App.

22.2. You agree that if In-Shape does not exercise or enforce any legal right or remedy which is contained in these Terms (or which In-Shape has the benefit of under any applicable law), this will not be taken to be a formal waiver of In-Shape's rights and that those rights or remedies will still be available to In-Shape.

22.3. If a court finds that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

22.4. These Terms and your relationship with In-Shape under these Terms shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and In-Shape agree to submit to the exclusive jurisdiction of the courts located within the county of Hillsborough, Florida to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that In-Shape shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

At InShape Dates, we take user privacy and data protection seriously. We want to clarify the following regarding how we collect, use, and share user data:

23.1. Data Collection: We collect personal information such as email addresses, phone numbers, location data, and other necessary details solely for the purpose of improving the user experience, including finding relevant matches and enhancing app functionality.

23.2. No Third-Party Sharing: We do not share any collected personal information with third parties. All user data is retained and used within the app to provide a better, personalized experience.

23.3. Data Use: The personal data we collect is exclusively used to improve our services, facilitate connections between users, and ensure the smooth functioning of the app’s features.

23.4. Data Safety Compliance: We adhere to the guidelines outlined in our Data Safety Declaration and ensure that all collected data is handled securely. We do not transmit or provide any user data to third-party services unless explicitly stated in the app. If there is any discrepancy between our data safety form and how user data is managed, please rest assured that InShape Dates complies with all relevant regulations, and no user data is shared with external parties.