Terms of Use

Last updated May 18, 2018

Please read these Terms of Use carefully before using this FitPrism.

By using this App (the “Application”, “App”) on any mobile phone, tablet or another device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. Burgen Valley Limited, with registered office at Suites 41/42, Victoria House, 26 Main Street, GX11 1AA, Gibraltar ("we", "us", "our") may change these Terms of Use at any time without notice, effective upon their posting to the App. Your continued use of the App shall be considered your acceptance of the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this App.

Scope of License

The App is licensed, not sold, to you. We grant non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the App on your Device solely for the purpose of performing those functions and tasks available to you as an end user of the App. This license does not allow you to use the App on any Device that you do not own or rightfully control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license or terms of the relevant certified Application Store), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law. Any attempt to do so is a violation of our rights as a Licensor. If you breach this restriction, you may be subject to prosecution and damages.

Intellectual Property

All intellectual property on the App is owned by us, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the App (except for Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is our intellectual property; All rights reserved.


To use the App, you may be asked to provide certain personal information. Issues due to the providing of your personal information are governed by our Privacy Policy and you are giving your consent to the collection and use of such information by using the App; therefore, we recommend you, and you should ensure that you have read the provisions of it.


The App may contain links to websites, applications or other products or services operated by other companies (“Third Party Services”). We do not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. We are not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

Prohibited Usage

You shall not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:

  • is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
  • is fraudulent, criminal or unlawful;
  • is inaccurate or out-of-date;
  • may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
  • impersonates any other person or body or misrepresents a relationship with any person or body;
  • may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights, and broadcasting rights) or privacy or other rights of us or any third party;
  • may be contrary to our interests;
  • is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or
  • involves your use, delivery or transmission of any viruses or anything likely intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Fees and payments

This App is an auto-renewable subscription-paid based application.

You may be provided with a free-trial period, within which you can revoke from the subscription (i.e. cancel it) through your iTunes Account and, therefore, stop the usage of the Application. The exact period of the free-trial (if available) can be found in the Application.

Should you not cancel the subscription and continue to use our Application after the trial period, or in case if the trial period is not provided, the subscription cannot be further revoked and your payment cannot be returned to you.

The above subscription payment will be automatically charged to your iTunes Account upon the end of the trial period (if available) subject to your prior confirmation of the in-app purchase.

The subscription automatically renews and the subscription renewal payment shall be automatically charged to your iTunes Account unless you decide to opt out from the auto-renewal after purchase and at least 24-hours before the end of the purchased subscription period by choosing the relevant option in iTunes Account Settings. Should you opt out from the subscription renewal, the payment for the previously purchased subscription period shall not be returned to you

The periods of subscription and renewal are equal and the prices for subscription and renewal are equal. The above periods and prices can be found in this Application. Please note that the prices for the same subscription periods may vary for users from different countries and jurisdictions at our sole discretion.


Your use of any aspect of the Application is at your own risk. You must consult with certified healthcare advisers and make your medical decisions based on their advice. We cannot and do not accept any liability in respect of any activities that you may undertake through using the Application.

We make no representations or warranties whatsoever in respect of the application. Information regarding health, medical advice and otherwise may be provided by third parties, including other users of the application. We cannot accept any liability whatsoever in respect of any content which is provided by third parties and/or any other users of the application. Any actions you take based on content, notifications and otherwise provided by the application are taken at your sole risk and we will not accept any liability in respect thereof. You should always check any information provided through the application to ensure its accuracy. To the maximum extent permitted by applicable law, the application is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the application or any information, content, materials or products included or referenced therein. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement of third parties’ rights and fitness for a particular purpose. You acknowledge that your use of the application is at your sole risk. We disclaim any implied or statutory warranties (i) regarding the security, accuracy, reliability, timeliness and performance of the application; or (ii) that the application will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the application. We do not warrant that any description provided through the application regarding healthcare or otherwise is accurate, complete, reliable, current, safe or error-free. No communication, information or advice given by us or any representative of ours, whether written or oral, shall create any warranty. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. This disclaimer constitutes an essential part of this agreement.

Limitation of liability

To the maximum extent permitted by applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall we, our affiliates, or any of our or their employees, directors, officers, agents, vendors or suppliers be liable to you or to any third party for any personal injury, including death, or for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the application, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer or device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages. In no event will we be liable for any damages in excess of fifty dollars ($50).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Any claims arising in connection with your use of the Application must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Terms of Use are exclusive and are limited to those expressly provided for in this Terms of Use, even if the applicable remedy under this Terms of Use fails of its essential purpose.


You agree to defend, indemnify, and hold us harmless including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to a) the breach of this Terms of Use by you or anyone using your computer, mobile device, password or login information; b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application; c) your violation of any law or regulation; or d) any other matter for which you are responsible under this Terms of Use or under law. You agree that your use of the Application shall be in compliance with all applicable laws, regulations, and guidelines.

We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.


This Terms of Use is effective until terminated by either you or us. You may terminate this Terms of Use at any time, provided that you discontinue any further use of the Application. If you violate this Terms of Use, our permission to you to use the Application automatically terminates.

We, however, may, in our sole discretion, terminate this Terms of Use and your access to any or all of the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Terms of Use, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Terms of Use by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Application, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Terms of Use for any reason whatsoever: Intellectual Property, Disclaimer, Limitations of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement and Severability.

Choice of Law and Dispute Resolution

These Terms of Use and any non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with the laws of England and Wales. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.

Entire Agreement

This Terms of Use and Privacy Policy stipulated hereof constitutes the entire Agreement between you pertaining to the subject matter hereof. Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Terms of Use may not be modified, in whole or in part, except as described elsewhere in this Terms of Use.


If any of the provisions of this Terms of Use are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect.


You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Tonic App’s prior written consent.

You agree that this Terms of Use and all incorporated Terms of Uses between you and us may be assigned by us, in our sole discretion to any third party.

Contact Us

All notices to you relating to this Terms of Use shall be posted on the Application or sent to you at the e-mail or physical address if any, that you provided to us.

Please submit any notices to us relating to this Terms of Use via email to .