Terms and Conditions

Last Revised: September 2020

Please read these Terms and Conditions ("Terms") carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the "Services") of Dragon Intelligence Inc. and our affiliates ("Dragon Intelligence Inc.", "we" or "us"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the Terms and Conditions that apply to your use of the Services. You can find the Terms and Conditions here: www.myfitdragon.com/terms-conditions If you do not agree to the amended Terms, you must stop using the Services and delete your account.

1. About Dragon Intelligence Inc.

These Terms are written on the basis that inappropriate actions don't ruin users experiences. Please use common sense when using the application. Dragon Intelligence Inc. does not hold any responsibility over the results of the use of the application. All responsibility is of the user.

2. Eligibility

You must be at least 13 years old to use Dragon Intelligence Inc. Use is void where prohibited. By using Dragon Intelligence Inc. App and Services, you affirm that you are more than 13 years of age. You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one account.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.

3. Privacy Policy

Your privacy is important to us. Our privacy policy details the way we collect, use and disclose information about you. Please carefully review our privacy policy at www.myfitdragon.com.com/privacy.

4. User Content

The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content ("User Content"). You understand that your User Content may be viewable by other users in the App. You agree that you are solely responsible for your User Content and that Dragon Intelligence Inc. is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.

You retain all ownership rights in your User Content. However, by submitting User Content to Dragon Intelligence Inc., you hereby grant us a nonexclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.

5. Code of Conduct

In using Dragon Intelligence Inc. Services and App, you must behave in a civil and respectful manner at all times. Further, you will not:

Harass or stalk any other person;

Harm or exploit minors;

Act in a deceptive manner by, among other things, impersonating any person;

Collect information about others;

You will not express or imply that any statements you make are endorsed by Dragon Intelligence Inc.

You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.

You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

Dragon Intelligence Inc. has the right, but not the obligation, to monitor all conduct on and content submitted to Dragon Intelligence Inc.

6. Feedback

You agree that any feedback, suggestions, ideas or other information or materials regarding Dragon Intelligence Inc. or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Dragon Intelligence Inc. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

7. Dragon Intelligence Inc. Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Dragon Intelligence Inc. Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Dragon Intelligence Inc. Content may violate such laws and these Terms.

Except as expressly provided in these Terms, Dragon Intelligence Inc. does not grant any express or implied rights to use Dragon Intelligence Inc. Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Dragon Intelligence Inc. Content, the Services or any related software, except as expressly stated in these Terms.

You are hereby granted a limited, nonexclusive, non-sub-licensable license to access and use the Services and Dragon Intelligence Inc. Content. This license is revocable at any time. This license is subject to these Terms and does not include:

The distribution, public performance or public display of Dragon Intelligence Inc. Content;

Modifying or otherwise making any derivative uses of the Services or Dragon Intelligence Inc. Content, or any portion thereof;

Use of any scraping, data mining, robots or similar data gathering or extraction methods;

Downloading (other than page caching) any portion of the Services, Dragon Intelligence Inc. Content or any information contained therein, except as expressly permitted on the Services;

Any use of the Services or Dragon Intelligence Inc. Content other than for their intended purposes.

Any use of the Services or Dragon Intelligence Inc. Content other than as specifically authorized in these Terms, without the prior written permission of Dragon Intelligence Inc., is strictly prohibited and will terminate the license to use Dragon Intelligence Inc. granted in these Terms.

8. Physical Activities and Dietary Guidance

It's important to us that users stay healthy while achieving their health and fitness goals. Please be responsible and use your best judgment and common sense. We provide our Services for information purposes only, and can't be held liable if you get injured or something goes wrong. In particular, while most of the content posted by the other users in our community is helpful, it is coming from strangers on the Internet and should never trump good judgment or actual medical advice.

9. Safety First

You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness or fitness program, or any dietary program or guidance. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services, and that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.

You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services (e.g., featured, official or community created challenges; routes; friendly competitions or similar activities; any single or group training activities; any Third-Party Activities or other events or activities that utilize our Services). Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. We encourage you to always put safety first, follow applicable traffic regulations, do not change settings on your device while in motion or in unsafe areas and always be vigilant and take stock of your surroundings when exercising.

You expressly agree that your athletic activities, which may generate the User-Generated Content you post or seek to post on or via the Services (e.g., running, walking, swimming, cycling, hiking) and certain Third-Party Activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of Dragon Intelligence Inc. or by the action, inaction, or negligence of others.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages sustained from your physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services (e.g., a Third-Party Activity such as a yoga class), even if caused in whole or part by the action, inaction or negligence of Dragon Intelligence Inc. or others. To the maximum extent permitted by applicable law, you expressly agree we do not assume responsibility for any Third-Party Activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by or accessed via the Services.

10. Disclaimer Regarding Accuracy and Reliance on Content

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.

In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by Dragon Intelligence Inc., and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

In particular, My Fit Dragon’s food database (“Food Database”) contains a combination of nutritional information entered by My Fit Dragon and My Fit Dragon members. Any My Fit Dragon users can contribute to or edit nutritional information in the Food Database. Please be advised that nutritional information in the Food Database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. My Fit Dragon does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. To the extent permitted by applicable law, under no circumstances will My Fit Dragon be responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring any nutritional information in the Food Database is accurate, complete and useful.

Not all users who may identify themselves as professional trainers or licensed dieticians are licensed in all applicable jurisdictions. Dragon Intelligence Inc. has no and assumes no obligation to verify that users who identify themselves as licensed trainers or dieticians are actually licensed. If you hold yourself out as a licensed trainer or dietician, you represent and warrant that you are actually licensed for the services you provide in the jurisdiction in which you offer your services. Users should also bear in mind that even if a user is a licensed trainer in one jurisdiction that does not mean the trainer user is licensed in the jurisdiction from which other users access the trainer user’s advice. Accordingly, relying on any advice provided by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will Dragon Intelligence Inc. be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of our Services.

11. Not Medical Advice

We aim to provide useful general information for our community, not professional medical advice. The Services are not medical devices, and the data provided by them is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other users or third parties (even if they are claiming to be a doctor!) is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or © information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.

Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Dragon Intelligence Inc. and you.

12. Success Stories Not Typical

Success stories posted by users or Dragon Intelligence Inc. on our Services may not represent typical or even accurate results obtained from any particular fitness activity or diet. To the extent permitted by applicable law, Dragon Intelligence Inc. has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in any user success stories.

13. Accuracy

The Services are intended to provide you with information to encourage you to support your wellness and fitness activities. Some of the Services are aimed at tracking your physical movements and sleep activity (“Activity Tracking Services”). These Activity Tracking Services rely on sensors and/or GPS functionality that track your movement or body at rest. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity, but may not be completely accurate, including with respect to step, sleep, speed, distance, or calorie data. By using Activity Tracking Services, you acknowledge and agree that Dragon Intelligence Inc. is not responsible or liable for any inaccuracy in such data.

14. Questions and Comments

Dragon Intelligence Inc. welcomes comments, questions, concerns and suggestions. Please send feedback to our email: contact@dragonintelligence.com