TERMS AND CONDITIONS OF USE
By accessing or using any of Kratos ("KRATOS") Internet properties including, without limitation, www.Kratosfitai.com, and any others released by KRATOS from time to time (collectively referred to as the "KRATOS Mobile App") you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as KRATOS's Privacy Policy and Code of Conduct, which are incorporated by this reference. If you do not agree to these Terms of Use, the Privacy Policy and Code of Conduct, you must immediately terminate your use of KRATOS Mobile App.
You may print or save a copy of these Terms of Use for your records.
1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable access and use of KRATOS Mobile App conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use KRATOS Mobile App, and KRATOS Content (as defined below) for your noncommercial personal use and for no other purpose. KRATOS reserves the right to bar, restrict or suspend any user's access to KRATOS Mobile App, and/or to terminate this license at any time for any reason. KRATOS reserves any rights not explicitly granted in these Terms of Use.
2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive KRATOS's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), KRATOS Mobile App, any KRATOS Content (as defined below), or any portion thereof. Furthermore, you may not (i) use KRATOS Mobile App for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to KRATOS Mobile App, including KRATOS Content; (ii) interfere with the proper working of KRATOS Mobile App including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of KRATOS Mobile App.
3. Your Acceptance; Revisions to Terms of Use. KRATOS Mobile App are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and KRATOS regarding your use and access to KRATOS Mobile App. By using KRATOS Mobile App you agree to the Terms of Use.
KRATOS reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to KRATOS Mobile App. Your use of KRATOS Mobile App signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to KRATOS Mobile App. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which KRATOS had actual notice on or before the date of any such revision.
4. Additional Terms and Conditions. KRATOS's Privacy Policy, Code of Conduct, as well as additional terms and conditions applicable to certain portions of KRATOS Mobile App (collectively "Additional Terms and Conditions") are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the KRATOS activity in which you choose to participate, the Additional Terms and Conditions shall govern.
5. Click-Through Agreements. Before using certain areas of KRATOS Mobile App you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the KRATOS activity in which you choose to participate, the Click Through Agreement will govern.
6. Personal Login Information. Certain features and areas of KRATOS Mobile App are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information on KRATOS Mobile App is personal to you and you may not allow any third party to use it under any circumstances. KRATOS is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact KRATOS immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
7. Privacy Policy. For information about KRATOS's data protection practices and KRATOS's use and protection of your personal information, please read KRATOS's Privacy Policy which is incorporated into and made a part of these Terms of Use.
8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of KRATOS Mobile App and not interfere with the use and enjoyment of KRATOS Mobile App by other users or with KRATOS's operation and management of KRATOS Mobile App. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on KRATOS Mobile App, including, without limitation, information required to be provided through an KRATOS registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, KRATOS reserves the right to terminate your access and use of KRATOS Mobile App. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using KRATOS Mobile App, or defame or otherwise harm any party, including KRATOS, through your use of KRATOS Mobile App.
9. User-Generated Content. KRATOS does not claim ownership of content that you post on or through KRATOS Mobile App, such as comments or posts that you submit on forums, blogs, or other Mobile App (“User-Generated Content”). When submitting User-Generated Content, you will abide by KRATOS’s Code of Conduct. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to KRATOS a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to KRATOS’s Privacy Policy.
10. Proprietary Rights. The content of KRATOS Mobile App includes, without limitation, (i) KRATOS's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "KRATOS Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through KRATOS Mobile App (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "KRATOS Content"). KRATOS Content is the property of KRATOS, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to India copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any KRATOS Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from KRATOS or the owner of such content if KRATOS is not the owner. Any use of KRATOS Marks without KRATOS's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in KRATOS Content, including any such notices appearing on any KRATOS Content you are permitted to download, transmit, display, print, or reproduce from KRATOS Mobile App.
11. Responsibility for Use of the Internet and KRATOS Mobile App. Use of the Internet and KRATOS Mobile App is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. KRATOS does not guarantee the confidentiality or security of any communication or other material transmitted to or from KRATOS Mobile App over the Internet or other communication network. KRATOS shall not be obligated to correct or update KRATOS Mobile App, KRATOS Content or the User-Generated Content and KRATOS shall not be liable for omissions, typographical errors, or out-of-date information which may appear on KRATOS Mobile App.
12. Disclaimer. KRATOS Content is provided for informational purposes only, is believed to be current and accurate at the time of posting, and is not intended as, and should not be construed to be, legal, financial, medical, or consulting advice. Physicians and other qualified health care practitioners should exercise their professional judgment in connection with the provision of services and should seek legal advice regarding any legal questions. References and links to third parties do not constitute an endorsement or warranty by KRATOS and KRATOS hereby disclaims all express and implied warranties of any kind.
13. User Information. KRATOS Mobile App, including any public forums which you may access via KRATOS Mobile App, may contain confidential user information ("Patient Information"). You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of user Information. You are solely responsible for obtaining and maintaining any user consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of user Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of user Information.
Data Collection
Kratos will be collecting the user's name, user Id and email in order to identify and communicate with the user at the backend for the third party login providers
Kratos will also be collecting the workout tracking data from the users workout which includes but will not be limited to joint coordinates, correct and incorrect postures of each exercise, repetition counts
Kratos will be collecting crash reports to help debug when users have issues with the application
Kratos will collect and track usage metrics to gauge user engagement with our features
Users can Email hello@kratosfitai.com with your email and we will get in contact with you to complete a simple verification process and then delete your data.
14. Third Party Information. KRATOS Mobile App may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of KRATOS Mobile App are those of the respective third party and not of KRATOS or its affiliates. KRATOS makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
15. Advertisers. KRATOS Mobile App may contain advertisements of third parties. The inclusion of advertisements on KRATOS Mobile App does not imply endorsement of the advertised products or services by KRATOS. KRATOS shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on KRATOS Mobile App. Furthermore, KRATOS shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on KRATOS Mobile App. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
16. Links to Third Party Mobile App. KRATOS Mobile App may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which KRATOS exercises no control. The appearance of any such third party links (provided by KRATOS or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to KRATOS Mobile App, you do so entirely at your own risk.
17. Links to KRATOS Mobile App and KRATOS Content. Links posted by third parties to KRATOS Mobile App and/or KRATOS Content may not use KRATOS trademark or logo and shall not suggest that KRATOS promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Mobile App, content, or information. Any links to any portion of KRATOS Mobile App shall be the responsibility of the linking party. KRATOS reserves the right to require any linking party to disable or remove any link that violates KRATOS's rights or causes interruption or deterioration of KRATOS Content.
18. Warranties Disclaimed. KRATOS MOBILE APP AND KRATOS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER KRATOS, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "KRATOS PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) KRATOS MOBILE APP OR KRATOS CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO KRATOS MOBILE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH KRATOS MOBILE APP WILL MEET YOUR EXPECTATIONS; OR (iv) KRATOS CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON KRATOS MOBILE APP. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
19. Limitation of Liability. KRATOS PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE TO KRATOS OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE KRATOS MOBILE APP AND/OR ANY KRATOS CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF KRATOS MOBILE APP AND/OR KRATOS CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM KRATOS MOBILE APP, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM KRATOS MOBILE APP; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON KRATOS MOBILE APP; (vii) FROM ANY DELAY OR FAILURE OF KRATOS MOBILE APP ARISING OUT OF CAUSES BEYOND KRATOS'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, KRATOS CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, KRATOS MOBILE APP (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY MOBILE APP; OR (xi) OUT OF ANY OTHER MATTER RELATING TO KRATOS MOBILE APP OR KRATOS CONTENT.
In the event that you are dissatisfied with, or dispute, these Terms of Use, KRATOS Mobile App and/or KRATOS Content, your sole right and exclusive remedy is to terminate your use of KRATOS Mobile App, even if that right or remedy is deemed to fail of its essential purpose. You confirm that KRATOS has no other obligation, liability or responsibility to you or any other party.
20. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR TO KRATOS CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL TO KRATOS. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND KRATOS'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless KRATOS Parties from and against all claims arising from or in any way related to your use of KRATOS Mobile App and/or the KRATOS APP, a violation by you of these Terms of Use, or any other actions connected with your use of KRATOS Mobile App and/or KRATOS APP, including any personal injury while using the app, any liability or expense, losses,(actual and consequential), suits, judgments, litigation costs and attorneys' fees. KRATOS will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to KRATOS Parties other than under this Section.
22. Term and Termination. These Terms of Use will take effect at the time you begin using KRATOS Mobile App. KRATOS reserves the right, with or without notice, at any time and for any reason to deny you access to KRATOS Mobile App or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use KRATOS website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of KRATOS Mobile App, including any KRATOS Content, in your possession.
23. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) KRATOS Mobile App, and iv) any products and services accessed or purchased through KRATOS Mobile App shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the International Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Mumbai, India. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the International Arbitrators Association shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. KRATOS reserves all rights and remedies available to it in law or equity.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.
24. Governing Law. These Terms of Use and all matters regarding your use of KRATOS Mobile App and the KRATOS APP shall be governed by, construed in accordance with, and enforced under the laws of India, and applicable to contracts made and executed and wholly performed in India, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
25. Waiver and Severability. The failure of KRATOS to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
26. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and KRATOS relating to KRATOS Mobile App and its use by you, and supersedes any previous written or oral communication regarding use of KRATOS Mobile App.
27. Contact Information. If you have any questions or concerns regarding these Terms of Use or KRATOS Mobile App, please visit our "Contact Us" page.
28. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of KRATOS Mobile App must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
29. Use of KRATOS Mobile App and KRATOS Content outside of India. KRATOS makes no claims regarding access or use of KRATOS Mobile App or KRATOS Content outside of India. If you use or access KRATOS Mobile App or KRATOS Content outside of the India, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.