Terms of Use

1. Purpose and acceptance

These Terms of Use (the “Terms”) govern access to and use of the LabsOFit application (hereinafter the “Application” or the “Service”), published by LabsOFit, a sole proprietorship operated by Mr. Bousebaa Boubaker, 7 rue de Provence, 94800 Villejuif, France, SIRET 48106907800030 (hereinafter the “Publisher”, “we”).

By creating an account or using the Service, you acknowledge that you have read, understood and unreservedly accepted these Terms. If you do not accept these Terms, you must not use the Service.

2. Access to the Service and user account

• Registration requires a valid e-mail address and the creation of credentials. You undertake to provide accurate information and to keep it up to date.
• You are responsible for keeping your credentials confidential and for all activity carried out from your account. Notify us without delay of any unauthorized use.
• The Service is reserved for persons aged at least 15. Minors must have the consent of the holder of parental authority.
• An account is strictly personal and may not be transferred or shared.

3. Description of the Service

LabsOFit offers fitness and nutrition tracking features (training programs, tracking of weight, calories and hydration) as well as social features: friend network, profiles, posts, comments, “likes”, groups and private messaging (chat).

Certain features are reserved for Premium subscribers. The Publisher may modify, add or remove features at any time.

4. Premium subscription and payment

• Access to certain features requires a paid subscription, the price and terms of which are indicated before subscribing.
• Payments are processed by our provider Stripe; we do not store your bank card data.
• Unless otherwise indicated, the subscription is automatically renewed for the chosen period. You may cancel it under the conditions specified at the time of subscription.
• Digital content: by accessing Premium content immediately, you request performance of the service before the end of the withdrawal period and acknowledge, where applicable, waiving your right of withdrawal for the part performed, in accordance with the French Consumer Code.

5. Rules of conduct and prohibited content

When using the social features and messaging, you undertake not to publish, transmit or distribute any content that is:

• unlawful, defamatory, insulting, hateful, discriminatory or inciting violence;
• constituting harassment, threats or infringement of the privacy or image of others;
• of a sexual nature involving minors, or unsolicited pornographic content;
• misleading, fraudulent, or infringing the intellectual property rights of third parties;
• constituting spam, unauthorized commercial solicitation, malware or any attempt to compromise the security of the Service.

You undertake to use the Service fairly and to respect other users. Any breach may result in the sanctions provided for in Article 8.

6. User content and license

You remain the owner of the content you publish (texts, images, messages). You are solely responsible for such content and warrant that you hold the rights necessary for its distribution.

You grant the Publisher a non-exclusive, free-of-charge license, for the duration necessary for the operation of the Service, solely for the purposes of hosting, storing, reproducing and displaying your content to the relevant recipients (e.g. your friends, the members of a group, or the public depending on your privacy settings).

This license ends when you delete the content or your account, subject to copies already distributed to other users and to legal retention obligations.

7. Messaging and interactions between members

The messaging feature allows private exchanges between users. Messages are stored on our servers to ensure their delivery; they are not end-to-end encrypted (see the Privacy Policy).

Interactions between users are their sole responsibility. The Publisher is not a party to the exchanges and cannot be held liable for the statements, conduct or disputes between members.

You have tools to block a user, decline or remove a connection, leave a group and report abusive content or behavior.

8. Moderation, reporting and sanctions

For content uploaded by users, the Publisher acts as a host within the meaning of Article 6 of French Law No. 2004-575 (LCEN): it has no general obligation to monitor but promptly removes any manifestly unlawful content brought to its attention.

Any unlawful content may be reported to: contact@bylabscreations.com. In the event of a breach of these Terms, the Publisher may, without notice and without compensation, delete content, limit, suspend or terminate access to the account concerned, and, where applicable, inform the competent authorities.

9. Health disclaimer

LabsOFit provides information and tools for wellness and fitness purposes. The Service does not constitute medical advice, a diagnosis or a treatment, and does not replace consulting a healthcare professional.

Before starting any training program or dietary change, consult a doctor, in particular in the event of a health problem, pregnancy or medical condition. You use the programs and recommendations under your sole responsibility. The Publisher disclaims all liability for any injury or damage resulting from the use of the Service.

10. Intellectual property of the Service

The Service, its structure, its editorial content, its graphic design, its logos and its software are protected by intellectual property law and remain the exclusive property of the Publisher. Any unauthorized reproduction or exploitation is prohibited.

11. Liability

The Service is provided “as is”, without any guarantee of uninterrupted availability or absence of errors. The Publisher implements reasonable means to ensure its proper functioning and security.

To the extent permitted by law, the Publisher cannot be held liable for indirect damages, nor for the content and conduct of users. This clause does not limit liability that cannot be limited under applicable law.

12. Personal data

The processing of your personal data is described in our Privacy Policy, which forms an integral part of these Terms.

13. Availability and changes to the Service

The Publisher may modify, suspend or discontinue all or part of the Service, in particular for reasons of maintenance, technical evolution or security, while striving to limit the impact on users.

14. Term, termination and account deletion

The Terms apply throughout the entire period of use of the Service. You may stop using the Service and request the deletion of your account at any time. The Publisher may terminate access in the event of a breach of these Terms.

15. Changes to the Terms

The Publisher may amend these Terms to reflect legal or functional changes to the Service. The date of the last update appears at the top of the document. Continued use of the Service after any change constitutes acceptance of the new Terms.

16. Governing law and disputes

These Terms are governed by French law. In the event of a dispute, and after attempting an amicable resolution, the consumer may use a consumer mediator free of charge. Failing an amicable resolution, the competent courts will be seized in accordance with the applicable rules of law.

17. Contact

For any question regarding these Terms: contact@bylabscreations.com.