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Terms of Service

Welcome to Fitastic (the “Service”), an email communication platform that helps apparel brands engage with their customers. By using Fitastic, you agree to these Terms of Service. Please review them carefully as they define your rights, responsibilities, and limitations when using our Service.1. Acceptance of Terms By accessing or using Fitastic, you confirm that you accept these Terms of Service. If you do not agree to these Terms, please do not use our Service.2. Eligibility You must be at least 18 years old to use our Service. By registering, you represent and warrant that you are eligible to use Fitastic.3. Service Description Fitastic provides a platform that enables apparel brands to send promotional, transactional, and informational emails to their customers. Brands control the content, frequency, and purpose of the emails. Fitastic only facilitates the delivery and does not guarantee the success or effectiveness of the messages.4. User Responsibilities You agree to use Fitastic in compliance with all applicable United States laws, including but not limited to email marketing regulations such as CAN-SPAM, and applicable data privacy laws.Content Responsibility: You are solely responsible for the content of all emails sent through Fitastic, including ensuring that all email recipients have consented to receive emails from your brand.Compliance: You are responsible for ensuring compliance with applicable laws and regulations, including obtaining proper consent from recipients.Account Security: You are responsible for safeguarding your account and login credentials. Any actions taken under your account are your responsibility.5. Intellectual Property Fitastic and its original content, features, and functionality are and will remain the exclusive property of [Company Name]. They are protected by copyright, trademark, and other applicable United States laws.6. Privacy Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect information you provide to us. By using Fitastic, you agree to our Privacy Policy.7. Prohibited Activities When using Fitastic, you agree not to:Violate any laws or regulations.Use false or misleading email header information or subject lines.Engage in spamming or sending unsolicited emails without proper consent.Transmit any viruses, malware, or other harmful code.Use the Service for any fraudulent or deceptive practices.8. Limitation of Liability To the fullest extent permitted by law, Fitastic, its officers, directors, employees, and agents disclaim any liability for damages, including but not limited to direct, indirect, incidental, punitive, and consequential damages arising from your use of the Service. Fitastic is not responsible for actions taken by third-party recipients of emails sent via our Service.9. Indemnification You agree to indemnify, defend, and hold harmless Fitastic and its affiliates from any claims, damages, losses, liabilities, costs, or expenses arising from your use of the Service, your breach of these Terms, or your violation of any rights of a third party.10. Termination We reserve the right to suspend or terminate your access to Fitastic at our discretion, without notice, for conduct that violates these Terms or is otherwise harmful to us, other users, or third parties.11. Changes to Terms Fitastic may modify these Terms at any time. Your continued use of the Service after changes to these Terms constitutes acceptance of those changes.12. Governing Law These Terms are governed by and construed in accordance with the laws of the United States. Any disputes arising under or related to these Terms shall be subject to the exclusive jurisdiction of the courts within the United States.13. Miscellaneous These Terms constitute the entire agreement between you and Fitastic regarding the use of the Service. If any provision of these Terms is deemed invalid, the remaining provisions will remain in full force and effect.

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Privacy Policy

At Fitastic (“we,” “our,” or “us”), we value your privacy and are committed to protecting your personal information. This Privacy Policy describes how we collect, use, and share information when you use our email communication platform to interact with apparel brands. By using Fitastic, you agree to this Privacy Policy.1. Information We Collect We collect the following types of information:Personal Information: When you create an account, we collect personal information such as your name, email address, and business details.Usage Data: We collect data on how you use our Service, including the actions taken within Fitastic, access dates and times, and device information.Communication Data: We collect data regarding the emails sent through our Service, such as delivery status, open rates, and link clicks.2. How We Use Your Information We use the information we collect for the following purposes:Service Delivery: To provide and improve our email platform, facilitate communication between apparel brands and their customers, and track engagement with email campaigns.Account Management: To manage user accounts, provide customer support, and respond to inquiries.
Analytics: To analyze usage trends and improve our Service’s effectiveness.Legal Compliance: To comply with applicable laws, enforce our Terms of Service, and protect the rights and safety of Fitastic, our users, and others.3. Information Sharing We may share information under the following circumstances:With Service Providers: We may share information with third-party vendors who assist us in operating our Service, such as cloud hosting and email delivery services. These providers are obligated to maintain the confidentiality of the information and may not use it for any other purpose.With Brands: Apparel brands using Fitastic may access certain data related to email engagement metrics (e.g., open rates and click-through rates) to evaluate the effectiveness of their campaigns.For Legal Reasons: We may share information as required by law or in response to valid legal processes, including with government authorities.In Business Transfers: In the event of a merger, acquisition, or sale of all or part of our assets, user information may be transferred.4. Cookies and Tracking Technologies We may use cookies and similar technologies to enhance user experience, gather usage data, and analyze trends. You can manage cookie settings through your browser; however, disabling cookies may affect the functionality of Fitastic.5. Data Security We implement industry-standard security measures to protect your information. However, no method of data transmission or storage is completely secure, and we cannot guarantee absolute security.6. Data Retention We retain personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by law. Once data is no longer necessary, we securely delete or anonymize it.7. Your Rights and Choices Depending on your location and applicable law, you may have the following rights:Access: Request access to your personal data.
Correction: Request corrections to any inaccurate or incomplete information.
Deletion: Request deletion of your data, subject to legal requirements.
Opt-Out: Opt out of certain data collection practices, including receiving marketing emails. However, opting out may limit the functionality of our Service.8. Children’s Privacy Fitastic is not intended for individuals under the age of 18, and we do not knowingly collect personal information from minors. If we learn that we have inadvertently collected information from a minor, we will take steps to delete it.9. Changes to This Privacy Policy We may update this Privacy Policy from time to time to reflect changes in our practices. We will notify you of any significant updates by email or through our Service. Your continued use of Fitastic after changes become effective constitutes acceptance of the updated Privacy Policy.

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