Terms and Conditions
These terms and conditions (\"Terms\" or \"T&C\") govern your access to and use of the Fastingo website, located at www.fastingoapp.com (the \"Website\"), and the Fastingo mobile application (the \"App\" or \"Fastingo App\"). By accessing or using the Website or App, you agree to comply with these Terms. If you have any questions or concerns, please contact us at [email protected]. The agreement is between you (\"User\" or \"Member\") and Marsby Teknoloji Anonim Sirketi (\"Company,\" \"we,\" or \"us\"), registered at Mustafa Kemal Mahallesi Bilişim İnovasyon Merkezi ODTÜ Teknokent 280, D, 06510 Çankaya, Turkey. Additionally, by using our Website or App, you consent to our Privacy Policy, which outlines our practices regarding the collection, use, and sharing of your personal information and details your rights under applicable data protection laws.
1. Services Provided
The Company offers various services, including workout plans, nutritional advice, and general wellness content (the \"Services\"). These Services are intended to be informative and advisory, and we are not liable for any content or advice provided via the Website or App.
2. User Eligibility and Obligations
2.1. Non-Commercial Use
Our Services are intended solely for personal and non-commercial use. If you intend to use our Services for commercial purposes, please contact us at [email protected]. We reserve the right to suspend, terminate, or limit access to the Services if they are used for commercial purposes without our consent. By agreeing to these Terms, you waive any right to claim compensation in such cases.
2.2. Age Restrictions
You must be at least 13 years old to use our Services. However, the Services are primarily designed for users aged 18 or older. If you are under 18, you must (i) have a parent or legal guardian review and agree to these Terms, and (ii) use the Services under their supervision. Parents or legal guardians who agree to these Terms on behalf of minors accept full responsibility for their use of the Services.
2.3. Health Requirements
Our Services are designed for individuals who are in good health and capable of engaging in physical activities and following nutritional plans. As there may be undiagnosed health conditions, we strongly recommend consulting with a healthcare provider before using our Services. By using the Services, you confirm that:
You are not currently under any medical advice to avoid physical activities.
Within the past month, you have not experienced any chest pain that was unrelated to physical exertion.
You have not had any instances of dizziness or fainting.
You do not suffer from bone or joint issues that could worsen with changes in physical activity.
You are not on medication for blood pressure or heart conditions.
There is no history of high blood pressure in you or your immediate family.
You are not currently pregnant, breastfeeding, or lactating.
You do not have conditions such as high cholesterol, diabetes, obesity, or arthritis.
Additionally, you are unaware of any other health conditions that might hinder your ability to exercise or follow a nutritional plan.
3. Membership Options
3.1. Free and Premium Memberships
Fastingo offers two types of memberships: Free Membership and Premium Membership.
• Free Membership: Provides access to a limited range of content and features at no cost (\"Free Services\"). We reserve the right to modify, suspend, or terminate Free Memberships without notice.
• Premium Membership: Provides enhanced access to content and features not available in Free Services (\"Paid Services\"). Premium Memberships can be obtained through a paid subscription, which may be purchased directly from us or through third-party platforms. The subscription may be for a set period or on a recurring basis. Additional terms may apply when purchasing Premium Memberships or starting a trial.
3.2. Pricing and Subscription Changes
We reserve the right to adjust the pricing for Premium Memberships at any time. You will be notified of any price changes before they take effect, and, if necessary, we will seek your consent to continue the subscription at the new rate. The price change will apply at the beginning of the next subscription period. If you do not agree with the price change, you may cancel your subscription before the new period begins.
4. Subscription Renewals and Cancellations
4.1. Automatic Renewals
Paid subscriptions will automatically renew at the end of the current period. To prevent being charged for the next period, you must cancel your subscription before the end of the current period. If you subscribed directly through us, cancellation requests should be sent to [email protected]. If you subscribed through a third party, such as the Apple App Store or Google Play Store, you must cancel through that third party.
4.2. Cancellation and Refund Policy
Cancellations take effect for the next subscription period, and no refunds are issued for the current period. You will retain access to Paid Services until the end of the current subscription period. Please note that if your subscription was made through a third party, such as Google Play Store or Apple App Store, you must cancel directly with them.
5. Trial Periods
5.1. Availability and Terms
From time to time, we may offer trial periods for Premium Memberships (\"Trial\") for a limited time (\"Trial Period\"). Not all features available in Premium Memberships may be included in the Trial, and we do not guarantee that Trials will always be available.
5.2. Cancellation Before Trial Ends
If a Trial requires providing payment details, you agree that unless you cancel before the Trial ends, you will be charged for the subscription. If the Trial was activated through our Website, cancellation requests must be sent to [email protected]. If activated through a third party, cancellation must follow their policies.
6. Withdrawal and Refund Policies
6.1. Non-Refundable Services
Our Services are classified as \"services provided immediately through electronic means,\" which are non-refundable according to Article 15 of the Turkish Regulation on Distance Contracts. Refunds for in-app purchases made through platforms like the Apple App Store or Google Play Store are governed by their respective policies.
6.2. Apple App Store Refunds
If you made a purchase through the Apple App Store, any refund requests must be directed to Apple. As Apple manages all transactions through their store, we cannot process refunds for these purchases. For more information on Apple's refund policies, please refer to Apple Support.
6.3. Google Play Store Refunds
Google has its own refund policies. If you made a purchase through the Google Play Store, you may be eligible to request a refund directly from Google. If Google rejects your refund request, they may suggest contacting us. However, if Google denies the refund, we are also unable to process it. More information can be found on Google Play Support.
7. Additional Refund Opportunities
7.1. 30-Day Refunds for Website Purchases
Although specific results are not guaranteed, we believe our plans can help you achieve visible progress within four weeks. Therefore, if you made a purchase through our Website, you may request a refund within 30 days of purchase. Refund requests for purchases made through the Apple App Store must be directed to Apple.
7.2. Evaluation Criteria
We do not guarantee the approval of refund requests. Refund requests are assessed based on factors such as time spent using our Services, features accessed, and exercises completed. We evaluate these criteria at our discretion.
7.3. Submission of Refund Requests
Refund requests must be submitted to [email protected]. While we strive to process requests quickly, we cannot guarantee a specific timeframe.
7.4. Additional Information for Refunds
During the refund process, we may request further information, such as feedback on the Services, reasons for dissatisfaction, purchase details, and payment information. You agree to provide accurate and complete information and not hold us responsible for delays or issues caused by inaccurate or incomplete data.
7.5. Policy Modification
We reserve the right to discontinue, suspend, or modify this refund policy at any time.
7.6. Banking Fees
You acknowledge that banking fees may arise during the refund process, and you agree not to hold us responsible for these charges.
8. Payment and Billing
8.1. Third-Party Payment Processors
Payments for our Paid Services are processed by third-party payment processors (\"Payment Processors\"). We do not store any payment information. The terms and conditions of the Payment Processors apply in addition to these Terms. We are not liable for any damages caused by the Payment Processors. By using our Paid Services, you agree to pay all applicable fees through the Payment Processor using your selected payment method (\"Payment Method\").
8.2. Billing Information
You are responsible for providing accurate billing information and notifying us or the Payment Processor of any changes, such as a new billing address or updated credit card details. If your Payment Method is canceled, or you suspect a security breach, you must inform us or the Payment Processor immediately.
8.3. Additional Charges
Your bank or credit card provider may apply additional charges, such as currency conversion costs or banking fees, for which you agree not to hold us responsible.
9. Disclaimer of Warranties
9.1. \"As Is\" Basis
Our Services, App, and Website are provided on an \"as is\" and \"as available\" basis. We disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our Services, App, or Website will meet your needs, be free of errors, or be compatible with all software and hardware.
9.2. Content Availability
We do not guarantee that all content available through Free or Paid Memberships will remain available at all times. We reserve the right to modify, change, or remove any content on the App at our discretion.
9.3. Service Interruptions
While we strive to provide a seamless experience, we are not liable for interruptions in the Services due to force majeure, connectivity issues, or problems caused by third parties or suppliers.
9.4. Health-Related Disclaimers
Our Services are not intended to diagnose, prevent, or treat any medical conditions.
9.5. No Healthcare Provider
We are not a healthcare provider, and the content and information we offer do not constitute medical advice. This information should not replace consultation with a healthcare professional. In case of any health concerns, contact a medical professional immediately. In emergencies, dial your local emergency number.
9.6. User Responsibility and Liability Waiver
By using our Services, Website, or App, you agree that we are not liable for any content or information provided. You affirm that you have consulted a healthcare professional, are in good health, and assume full responsibility for your use of our Services. You irrevocably release and discharge the Company, its administrators, representatives, and affiliates (\"Affiliates\") from any claims related to your use of the Services, Website, or App.
10. Intellectual Property Rights
The content provided through our Services, Website, and App is owned by us or our content suppliers and is protected by copyright laws in Turkey and internationally. Our trademarks, trade names, logos, and domain names are protected by trademark laws in Turkey and other countries.
11. User-Generated Content
Our Services may allow you to submit content, such as testimonials or photos. While you retain ownership of your content, by submitting it, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, and display your content. Please refer to our Privacy Policy to understand how we handle user-generated content.
12. Indemnity
You agree to indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, and agents from any claims, disputes, liabilities, damages, or costs (including reasonable legal fees) arising from your use of the Services, Website, or App, or your violation of these Terms.
13. Limitation of Liability
13.1. Indirect Damages
To the fullest extent permitted by law, we, our affiliates, and our officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, data, or other intangible losses arising from the use of our Services, Website, or App, regardless of the legal theory.
14. Transfer and Assignment
We reserve the right to transfer or assign these Terms or any part of our rights and obligations under these Terms to any third party at our discretion. We may also delegate our duties or engage third-party contractors to perform services on our behalf. You may not transfer or assign your rights or obligations under these Terms without our prior consent.
15. Severability of Terms
If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall continue to be valid and enforceable.
16. Dispute Resolution
16.1. Jurisdiction
All disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts and enforcement offices in Ankara, Turkey. For consumers acting outside a commercial context, disputes may also be resolved through consumer courts or tribunals.
16.2. Evidence in Legal Proceedings
These Terms shall serve as evidence in any dispute resolution proceedings in accordance with Turkish Civil Procedural Law.
16.3. Modifications to Terms
We reserve the right to modify these Terms, the Privacy Policy, or any other terms and conditions at any time without prior notice.
17. Consent to Share Consumption Data with Apple
By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.
Last Updated: 15 August, 2024