FitSloth Terms of Service
This English version is a translation of the Thai-language FitSloth Terms of Service. In the event of any inconsistency or difference in interpretation between the two versions, the Thai version shall prevail.
These Terms of Service for the FitSloth application (hereinafter collectively referred to as the “Application”) are made between FitSloth Co., Ltd. (the “Company”), of the one part, and users of the Application, including users who have registered as members of the Application and users who have not registered as members of the Application (each, a “User”), of the other part. The Application provides a variety of services, in particular services relating to individual advice and information on food nutrition and dietary behavior. All services of the Application are subject to the provisions of these Terms of Service (the “Terms”).
Scope of these Terms of Service These Terms of Service apply to every stage and every type of service operated by the Company, unless otherwise specified for certain specific services of the Company.
Privacy Policy The User acknowledges that, in addition to these Terms of Service, the Company may need to process the User’s personal data in order to provide the services to the User, and that the Company has published a Privacy Policy setting out the conditions governing such processing of personal data.
Acceptance of these Terms of Service By registering for the services, the User shall be deemed to have agreed to and accepted these Terms of Service. If the User does not agree to comply with these Terms of Service or any amended version thereof, the Company reserves the right not to provide any service to such User. The User’s continued use of the Company’s services shall always be deemed acceptance of and agreement to comply with these Terms of Service.
1. Services of the Company
1.1 The Company provides information, advice, and the design and calculation of food nutrition and dietary behavior tailored to each individual User, subject to the limitations set out in Clause 1.2. In providing health analysis services, the Company will base its analysis on three main categories of data collected from the User, namely:
A. Behavioral and dietary pattern data, collected from questionnaires completed by the User and information entered by the User through the Application and provided to the Company. The Company has no duty to verify or confirm any of the information that the User provides to the Company.
B. Preliminary health data from the relevant healthcare facilities, being preliminary health data that the User has provided to a healthcare facility where the User may receive treatment. The Company has no duty to verify such data at its source.
C. Data from advice given by dietitians, whereby dietitians give advice on adjusting various dietary behaviors based on the behavioral data that the User provides during the consultation period.
1.2 Limitations of the Services
The Company does not guarantee success from use of the Services The Company cannot guarantee that the User will achieve the expected results or the goals set, even if the User strictly follows the advice received from the Application and the Company’s dietitians, since the final outcome may depend on many factors beyond the Company’s control, such as each User’s physical condition and health, consistency and commitment in following the advice, individual genetics and biological factors, and environmental and psychological factors.
The Services and advice are not a diagnosis and are not medical advice The User acknowledges and agrees that the advice given by the Company and its dietitians does not constitute a diagnosis of any disease or health risk of the User (Non-Diagnostic Test) and does not constitute medical advice (Non-professional medical advice). Accordingly, the User understands and accepts that the User must not use or rely on such test results of the Company for any other purpose not specified by the Company, and that, for actual treatment planning, the User must obtain a complete medical assessment from a physician or qualified healthcare professional. The Company shall not be responsible where the User uses information received from the Company for any other purpose.
The Company does not guarantee that its Services cover every factor The User acknowledges and accepts that the Services, in particular the advice given by the Company through the Application, are intended only as a preliminary analysis of data, based on testing in large groups of persons with similar health and nutritional factors, and cannot guarantee that each individual User will be subject to the same risk trends in every respect because, in addition to the factors relating to the data incorporated into the Application’s operating mechanism, there are other individual factors that affect each person’s health differently, and the Company cannot control or verify all such factors.
The Company’s right to adapt or modify the reference methods used in the Services The User acknowledges that the information and advice used by the Company in the operation of the Application are based on the data currently available in medical and scientific research databases, which may change from time to time. Where new and/or changed information becomes available that the Company considers appropriate to apply to the Services, the Company has the right, at its sole discretion, to update or modify the Services insofar as they relate to the User’s data, provided that the Company informs the User of such changes. The User acknowledges and accepts this right of the Company and that such modifications form part of the Services the Company will provide and, to the maximum extent permitted by law, the User waives any right to complain about or claim any damages arising from the Company’s exercise of its discretion to modify such data analysis.
Disclosure of information to third parties The User must exercise discretion in disseminating and using the Company’s information in communications with third parties. The User acknowledges and understands that the Company gives no warranty, whether direct or indirect, in respect of the disclosure or use of information with such third parties, which shall be at the User’s own risk.
Interpretation and advice given by healthcare facilities Where a healthcare facility that oversees the advice and medical treatment given to the User communicates the results of the Company’s Services to the User, the User understands and accepts that the Company only sends raw data to such facility, that the Company has no right to control the advice or consultation that such healthcare facility will give to the User, and that the Company shall not be responsible for any act, interpretation and/or advice given by such healthcare facility to the User.
2. Representations and Warranties Regarding Data Provided by the User
For the purpose of using the Company’s Services, the User warrants and confirms that all information provided through the Application is submitted for the purpose of using the Services under these Terms. Accordingly, the User warrants that all information submitted is correct and accurate in every respect, and the User has the right and duty to keep such information correct and up to date at all times. The User accepts and understands that the Company will rely on all information provided by the User, and that the Company has no duty to verify such information.
3. Use of the Services by the User
3.1 User account and password The User must keep the username and password used for the Company’s Application confidential and must not disclose them to anyone. The Company shall not be responsible for any damage whatsoever arising from the unauthorized use of the username or password by a third party. If such a problem occurs, the User must notify the Company immediately, and the Company will suspend transactions and/or use of the Services as soon as the User has verified their identity in accordance with the procedures and methods prescribed by the Company. The User accepts that any transaction or use of the Services made with the Company using the User’s username and password before the Company suspends transactions shall be binding on the User, and the User agrees to be fully responsible for all such transactions and use of the Services.
3.2 Conditions for use of the Services The User must comply with these Terms of Service and/or the specific terms and conditions of each service (if any). All such agreements, terms and conditions shall be deemed material obligations that the User must comply with, and if the Company finds that the User has failed to comply, the Company has the right to immediately suspend such User’s transactions or use.
3.3 Prohibited uses The User agrees to use the Company’s Services only for lawful purposes and in accordance with the purposes of the Services set out in these Terms of Service. In particular, the User is subject to the following prohibitions, including but not limited to:
A. The User shall not use the Services in a manner that is unlawful or contrary to public morals and/or infringes the rights of others, or carry out any activity that is unlawful or that supports unlawful acts.
B. The User shall not falsify or impersonate, or do any act that represents to third parties that the User is a person other than themselves, for any purpose whatsoever.
C. The User shall not do anything that would result in an infringement of the intellectual property rights or any other rights of the Company or of others.
D. The User shall not disassemble, decompile, reverse engineer, or attempt to access other components of the Company’s Services (including but not limited to genetic testing and analysis processes), in whole or in part, and/or shall not use the Services for any other purpose, which may include but is not limited to renting, leasing, licensing, sublicensing, distributing or providing the Services, in whole or in part, to any other person.
E. The User shall not print, download, copy, send, publish or use any information that may identify another User for any reason whatsoever, except with the written consent of the data subject.
F. The User shall not use the Company’s Services in any other manner that may cause damage to the Company, whether directly or indirectly, including but not limited to submitting samples that do not meet the Company’s service conditions in bad faith in order to test the Company’s operations.
4. Intellectual Property Protection
4.1 All content displayed as part of the Services and/or the Company’s Application, including but not limited to information, text, graphics, images, layouts, designs, article content, logos, the language used to create the homepage, HTML content and other elements displayed in the Application, as well as the mechanisms and methods of the Company’s various services, is the intellectual property of the Company. The Company reserves all rights to enforce all of its intellectual property rights, including but not limited to enforcement against any infringement of rights or of the conditions of use of the intellectual property by the User.
4.2 The User shall not, and shall not cause any third party to, infringe the Company’s intellectual property rights by copying, reproducing, forwarding, publishing, distributing, disseminating, storing (in any form or by any means), modifying, selling or transferring, offering to sell or transfer, or exploiting in any manner the Company’s intellectual property, in whole or in part.
5. Limitation of the Company’s Liability
5.1 To the maximum extent permitted by applicable law, the Company and its affiliates, officers, directors, employees or agents shall not be liable for any damages claimed by the User, other than direct damages arising from the wilful misconduct or gross negligence of the Company, and shall not be liable for any indirect or other consequential damages. The Company’s liability for the provision of services through this Application shall be limited to the amount of the service fees received by the Company from the User, whether directly or indirectly.
5.2 The Company’s Application services are provided on an “as is” basis only. Accordingly, to the maximum extent permitted by law, the Company disclaims all representations and warranties, and disclaims all liability of any kind arising in connection with the Company’s Application services, other than any warranties or undertakings expressly stated in these Terms of Service. In particular, the Company does not warrant that its services through the Application will meet the User’s needs and expectations in every respect, nor that all features and functions of the Application will serve the specific intended purposes of every User.
5.3 The User agrees and accepts that the Company shall not be responsible for any error, defect or disruption in the use of the Application services resulting from the User’s use of the Company’s Services in a manner inconsistent with the conditions prescribed by the Company, or resulting from force majeure or any other cause beyond the Company’s control.
6. Miscellaneous
6.1 The Company may terminate its service relationship with the User in the following cases: (1) the User breaches these Terms of Service; (2) the Company is subject to a law requiring it to discontinue the Services; or (3) the Company considers that the provision of the Services under these Terms is not commercially or technically feasible and intends to discontinue all of the Services, for any reason whatsoever. In the event of termination in accordance with this clause, the User waives any right to claim damages from the Company.
6.2 The User has no right to transfer the User’s rights and obligations under these Terms of Service to any third party under any circumstances, whereas the Company has the absolute right, at its sole discretion, to transfer its rights and obligations under these Terms of Service to any third party.
6.3 These Terms of Service shall be governed by and construed in accordance with the laws of Thailand, and any dispute arising in connection herewith may be resolved by the courts of Thailand.
6.4 The User agrees that the Company has the sole right to add to or amend the provisions of these Terms of Service, including but not limited to service fees or other costs that may arise from the use of the Services, without prior notice to the User, provided that such changes shall take effect when announced through the Company’s service system and, where such changes will directly affect the User’s rights and/or obligations, the Company will notify the User for compliance.
6.5 Each provision of these Terms of Service is severable. If any provision or part thereof is or becomes unlawful, void or unenforceable, the remaining provisions and the other terms and conditions shall remain in full force and effect and enforceable.
6.6 The Company has the right to use the data that the User submits for the use of the Application, in a form that does not identify any individual, for the study, development, improvement, change, adaptation and modification of nutritional information, free of charge and worldwide. Any work that the Company itself develops, improves, changes, adapts or modifies from the use of such data shall be the right, ownership and intellectual property of the Company.