# FightCamp Terms of Service

_Last Updated on February 18th, 2019_

Hykso Inc. (" **Hykso**", " **we**", " **us**", or " **our**") provides products and services that empower users to train smarter and reach new heights in sports and fitness performance. These Terms of Service (" **Terms**") govern your use and access of the website at [www.joinfightcamp.com](https://joinfightcamp.com/) (the " **Site**"), any mobile applications (each an " **App**"), personal fitness and sports electronic monitoring products and devices manufactured, distributed, or sold by Hykso (" **Hykso Devices**"), and any features, products, equipment or services provided or otherwise made available on or through our Site or Apps (collectively, the " **FightCamp Service**"). These Terms are a binding legal agreement between you and Hykso. In these Terms, " **You**" and " **your**" refer to you, a User of the FightCamp Service.

**PLEASE BE AWARE THAT THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT REQUIRES YOU TO SUBMIT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.**

These Terms refer to our [privacy policy](https://joinfightcamp.com/privacy-policy) (" **Privacy Policy**"), hereby incorporated by reference, which also applies to your use of the FightCamp Service.

**1. Access and Use of the FightCamp Service.**  
We grant you permission to access and use the FightCamp Service for your personal enjoyment and non-commercial use, subject to the conditions, restrictions, and prohibited uses set out in these Terms.

> _Eligibility Requirement._ You must be at least 18 years of age to register for and purchase a subscription to the FightCamp Service. If you are under 18 years of age, you may only access or use the FightCamp Service with the consent of and under the supervision of a parent or legal guardian.

> _Necessary Devices and Equipment._ Authorized Hykso Devices are required for full use of the FightCamp Service and may be purchased separately through the Site.

> _Limited Product Warranty for Hykso Devices._ Hykso warrants to the original purchaser that the Hykso Devices will be free from defects in workmanship and materials under normal use for a period of 12 months from the date of delivery.

**2. Membership Registration and Account Security.**  
To receive full access to and use of the FightCamp Service, you must create an account and register as a "Member" of the FightCamp community through the Site or App and purchase a Subscription.

**3. Subscription to the FightCamp Service.**  
You may purchase an automatically renewing subscription to the FightCamp Service (" **Subscription**") which will automatically renew for your selected Subscription Term.

> _Your Subscription will Automatically Renew._ The term of your Subscription will be according to the Subscription plan you select during registration.

> _No Refunds._ When you cancel your Subscription, you will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access until the end of the current Subscription Term.

**4. Prohibited Uses and Conduct.**  
You may use the FightCamp Service only for its intended and lawful purposes. You agree not to assist others to use the FightCamp Service:

- For any commercial purpose, except as expressly permitted under these Terms;
- To violate any applicable law or regulation;
- To transmit any promotional material;
- To harass others or promote discrimination;
- To create or transmit any harmful Content;

**5. Health and Safety Warnings.**  
The FightCamp Service offers fitness and health information designed for educational and entertainment purposes only. Consult your doctor before using the FightCamp Service.

**6. Content**  
- " **Content**" means any information or communication provided by Hykso, including text, graphics, images, and user generated content.

> _Responsibility for Your Content._ You are responsible for Your Content and for ensuring it complies with the Terms.

**7. Links to Third-Party Sites and Services.**  
The FightCamp Service may contain hyperlinks to other websites or services. We do not control the contents or availability of these Third-Party Services.

**8. Feedback.**  
By sending us any feedback, you agree we may use it without obligation or payment.

**9. No Guarantee of Service.**  
The FightCamp Service may be modified or discontinued at any time without notice or liability.

**10. Disclaimer of Warranties.**  
Hykso disclaims all warranties, either express or implied. The FightCamp Service is provided "as is" and "as available".

**11. Limitation of Liability.**  
Hykso is not liable for any indirect, incidental, or consequential damages arising from your use of the FightCamp Service.

**12. Indemnification.**  
You agree to indemnify Hykso against any claims arising from your use of the FightCamp Service or violation of these Terms.

**13. Governing Law.**  
These Terms are governed by the laws of California.

**14. Dispute Resolution, Arbitration and Class Action Waiver.**  
For any dispute, you agree to first contact us to attempt resolution and subsequently agree to resolve disputes through binding arbitration.

**15. Termination.**  
You may terminate the Terms at any time by closing your account. We may suspend or terminate your account for any reason.

**16. General Terms.**  
These Terms constitute the entire agreement between you and Hykso regarding the FightCamp Service.

**17. Contact.**  
All questions or comments should be directed to: [info@joinfightcamp.com](mailto:info@joinfightcamp.com).

**18. Additional Terms for our Application for iOS Mobile Devices.**  
These Terms are solely between you and Hykso, not with Apple. You may only use the iOS App on an Apple-branded mobile device that you own.

**19. Reporting Security Vulnerabilities.**  
Report any security vulnerabilities to **secure@joinfightcamp.com**.
