Terms of use | Walking

INTRODUCTION

These Terms of Use (the “Terms“) apply to your access and use of our mobile application “Walking & Weight Loss Tracker” (the “App”), our websites (including but not limited to https://next.walkingfl.fit), our blog, and all related services, features, materials, and content available for your use (collectively the “Service“) provided by Extramile Limited, a company incorporated in Cyprus, company number ΗΕ 445953, whose registered office is located at Prodromou, 75, ONEWORLD PARKVIEW HOUSE, Floor 4, 2063, Nicosia, Cyprus (“we”, “us”, “our” or the “Company”). If you have any questions about the Terms or our Service, please contact us at support@walkingfl.fit. Depending on your location, payment method, or other relevant factors, your access to the Service, including through sales or payment processing, may be facilitated by Extramile Limited or its authorized partner, Fulfilling Inc., a Delaware corporation with its registered address at 1007 N Orange St. 4th Floor Site 1382, Wilmington, New Castle, 19801. This partner does not provide the Service, manage subscriptions, or assume any obligations related to the operation, support, or performance of the Service. Your contractual relationship is solely with Extramile Limited. Your rights and obligations under these Terms remain the same, regardless of the designated partner, and neither Extramile Limited nor its partner shall be jointly liable for each other’s obligations unless expressly stated in these Terms.

BINDING ARBITRATION AND DISPUTE RESOLUTION NOTICE

These Terms include a Binding Arbitration Provision in Section 18 that significantly impacts your legal rights. The arbitration provision mandates that any disputes or claims arising from or related to these Terms or our Service will be resolved exclusively through arbitration on an individual basis.

Additional Key Provisions:

CLASS ACTION WAIVER: Section 18 includes a waiver of your right to participate in class actions or other collective proceedings.

DISCLAIMERS OF WARRANTIES: Section 10 contains disclaimers regarding warranties related to our Service.

LIMITATION OF LIABILITY: Section 11 outlines the limitations on our liability for damages or losses. It is essential that you carefully review all sections of these Terms to fully understand your rights and obligations. By accessing, downloading, installing, or using any part of our Service, you confirm that you have read, understood, and agreed to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING BUT NOT LIMITED TO BINDING ARBITRATION PROVISION), YOU MUST NOT ACCESS OR USE OUR SERVICE. CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ONGOING AGREEMENT TO THESE TERMS.

CHANGES TO THESE TERMS

We may change, modify, or remove portions of these Terms at our sole discretion. If we make changes to these Terms, we may post the updated version within our Service and revise the "Effective Date" accordingly. At our discretion, we may also notify you of significant changes. If you do not agree with any updated Terms, you must stop using the Service, delete your account, or cancel your subscription before the Effective Date. Your continued use after changes is implemented constitutes your acceptance of the updated Terms. We encourage you to regularly review these Terms for updates.

IMPORTANT DISCLAIMERS

Our App provides tools and resources to support your fitness and walking journey. By using our Service, you acknowledge and agree to the following disclaimers. For Informational Purposes Only. Our Service, including all Content (including User-Generated Content), programs, recommendations, challenges, and progress-tracking features, is provided “as is” for informational and motivational purposes only. We are not licensed medical, fitness, or healthcare professionals and do not provide medical advice, diagnoses, or treatment. The App is designed to help users stay active, monitor daily step counts, and maintain healthy lifestyle habits through walking programs and activity tracking. It is not a medical device and should not be relied upon for health monitoring or diagnostic purposes. You should always consult a qualified physician or healthcare provider before beginning any exercise program, especially if you have a history of cardiovascular conditions, joint problems, or other medical concerns that may limit physical activity. Personalized Recommendations and Results. While the App may offer personalized activity suggestions or walking goals based on onboarding information and progress, these insights are for general wellness support only. Individual results will vary depending on factors such as health status, physical condition, lifestyle, and adherence to recommendations. We do not guarantee any particular outcomes, including weight loss, fitness improvement, or health benefits. Any testimonials, success stories, or examples presented in the App are illustrative only and should not be interpreted as promises or guarantees of similar results. Accuracy. We do not guarantee the accuracy, completeness, or reliability of any data or information provided through the Service. Step counts, distance measurements, calorie estimates, and other activity metrics are approximate and may vary depending on device sensors, settings, or environmental factors. Users should not rely solely on this data for medical, fitness, or health-related decisions. Errors or omissions may occur, especially in User-Generated Content, third-party integrations, or device-based tracking results. No Professional Medical or Healthcare Advice. Our App is not a medical or diagnostic device and does not provide medical, clinical, or therapeutic diagnoses, treatments, or prescriptions. The Service is intended solely for general fitness and wellness tracking and should not be used as a substitute for professional medical evaluation, physical training guidance, or rehabilitation programs. Always consult a qualified healthcare professional before beginning any new fitness regimen, increasing physical activity, or following any recommendations provided by the App, especially if you have a history of heart disease, joint pain, high blood pressure, pregnancy, or other medical conditions that could affect your ability to exercise safely. Contact a Healthcare Professional. Never disregard professional medical advice or delay seeking it based on information obtained through our Service. If you experience pain, chest discomfort, dizziness, fainting, shortness of breath, or any other unusual symptoms during physical activity, stop immediately and consult a healthcare provider. In the event of an emergency, contact local emergency services without delay. No Physician-Patient Relationship. By using our Service, you acknowledge that no physician-patient, trainer-client, or other professional healthcare relationship is established. The Service does not constitute professional medical supervision, physical training, or personalized healthcare advice. Your use of the App is at your sole discretion and risk. Third-Party Integrations. We do not assume liability for the accuracy, reliability, or performance of third-party integrations, including but not limited to wearable devices (e.g., smartwatches, fitness trackers), third-party health applications, or external software that sync with our Services. Any inaccuracies, malfunctions, or discrepancies in third-party data that impact App calculations or insights are beyond our control, and we disclaim any responsibility for errors, omissions, or inconsistencies arising from such integrations. Users should independently verify any health-related data obtained through third-party services. Your responsibility. You are solely responsible for determining whether any walking or fitness activity suggested through the App is appropriate for your physical condition and environment. Always ensure you walk in safe conditions, remain aware of your surroundings, and comply with local laws regarding outdoor activities. Even individuals in good health may experience adverse effects during physical activity, including but not limited to muscle soreness, fatigue, dizziness, dehydration, or injuries resulting from improper exercise technique or overexertion. We expressly disclaim all liability for any claims, losses, injuries, health issues, or damages, whether actual or alleged, arising from your use of or reliance on any information, Content, or User-Generated Content available through the Service. By using the App, you acknowledge and agree that participation in walking programs, challenges, or fitness activities is entirely voluntary and undertaken at your own discretion and risk.

REGISTRATION AND ELIGIBILITY

Age Restrictions. Our Service is intended for individuals aged 18 or older, or the minimum age required by applicable law. We do not knowingly allow children to register for or use our Service. If you become aware that a child is using our Service in violation of these Terms, please contact us via support@walkingfl.fit, and we will take necessary actions to address the issue. Access to the Service. To use and fully access our Service, you may be required to create an account (“Account”). By doing so, you agree to provide accurate, current, and complete information and to promptly update any changes to your information. You are responsible for ensuring that all activities performed through your Account represent your own authentic use of the Service. You accept full responsibility for any actions or activities conducted under your Account, whether through your computer, mobile device, or other means. Your login credentials, including your username and password, are strictly for personal use and must be kept secure and confidential. Sharing your login credentials with others is expressly prohibited, and any breach of this obligation may result in suspension or termination of your Account. If you suspect unauthorized access to your Account or any security breach, you must notify us immediately via support@walkingfl.fit. If you create an Account or use our Service on behalf of another person or entity, you confirm that you have the authority to accept these Terms on their behalf.

SUBSCRIPTIONS

General Information Certain features of the App are accessible exclusively through a subscription. We offer various subscription options that may include but are not limited to weekly, monthly, and annual subscription options. Subscriptions can be purchased via the App Store, Google Play, or directly from our website using a credit/debit card or PayPal. We may also provide different offers and challenges at a discounted rate. Trial Subscriptions We may provide trial subscriptions, which can be either free or paid, allowing temporary access to our App. If a trial is available, this will be explicitly stated during the checkout process. If no such notice is provided, your subscription purchase will proceed without any trial period. We reserve the right to restrict your ability to participate in multiple trial offers. Automatic Conversion to Paid Subscription: Unless you cancel at least 24 hours before the trial ends, your payment method will be charged the subscription fee displayed during purchase for the selected subscription plan. Subscription Terms and Renewals When you subscribe, your plan will renew automatically at the end of each billing cycle (weekly, monthly, annually, or as selected). Renewal Charges. Charges for renewal will be processed within 24 hours before the subscription term ends. Cancellations made less than 24 hours before renewal will take effect only after the subsequent term. Pricing Changes. We reserve the right to modify subscription fees at any time, to the fullest extent allowed by applicable laws. Advance notice of subscription fees changes may be sent to you, and the updated subscription fee will apply to the next billing cycle. Updated subscription fees will take effect at the start of the next subscription term after the change is implemented. By continuing to use the subscription after the updated pricing takes effect, you agree to the new subscription fees. If you do not accept the subscription fees change, you can cancel your subscription at least 24 hours before the end of the current subscription term to avoid further charges. Promotions. We may offer promotional discounts. These discounts apply only to the initial payment and do not affect future renewal fees. No Future Commitments. By subscribing, you agree that your purchase is not contingent on any future features, updates, or functionality, nor on any representations made by us. Billing Payment Authorization. You authorize us to charge the payment method provided at checkout or at the end of any trial period. Payment options include credit/debit cards, PayPal, Apple Pay, Google Pay etc. If you purchase a subscription through the App Store or Google Play, the payment will be charged to your credit/debit card via your respective account upon confirmation of your subscription. Alternatively, if you subscribe through our websites (including but not limited to https://next.walkingfl.fit), the payment will be processed using your credit/debit card or PayPal account once you select a subscription and confirm your purchase. Non-Refundable Transactions. Except where applicable law provides otherwise or as outlined in these Terms, all payments are final, non-refundable, and non-transferable. Validation Fee. A small temporary validation charge may be applied to verify the validity of your payment method. This charge will be refunded immediately. Refunds Refund eligibility depends on the platform used for the purchase and is subject to specific conditions, as outlined below. Refunds are not guaranteed and are assessed on a case-by-case basis in accordance with applicable laws and these Terms. Website Purchases: Refunds for subscriptions purchased directly through our websites are limited and may only be granted in specific cases, such as where required by law (e.g., statutory cooling-off periods in certain jurisdictions) or confirmed technical bugs. Confirmed Technical Bugs: In cases where a verifiable and confirmed technical bug prevents the proper use of the Service, a refund request may be considered. To determine whether an issue qualifies as a bug, you must provide us with all necessary technical details. Only after we review the information and confirm that the issue is a bug that materially affects the functionality of the Service may a refund be considered. App Store or Google Play Purchases: If you purchased your subscription through the Apple App Store or Google Play, refund requests must be directed to the respective platform, as they manage all billing and refund decisions independently. U.S. Purchases: Residents of California or Connecticut may cancel a subscription up until midnight of the third business day following the date of purchase and receive a full refund, provided there is no breach of these Terms. Cancellation Policy To prevent auto-renewal and avoid the billing of the subscription fees for the next subscription term, you must cancel your subscription before the current subscription term ends. Important Note: Uninstalling the App does not automatically cancel your subscription. To stop recurring charges, you must actively cancel the auto-renewal through your account settings. For Website Purchases: Cancel your subscription purchased on our website in your account at: support@walkingfl.fit. For App Store Purchases: If you subscribed or started a trial through the App Store, manage your subscription settings within your Apple Account. Ensure cancellation is completed at least 24 hours before the trial or current subscription term ends. For more information, visit Apple’s support page on managing subscriptions. For Google Play Purchases: If you subscribed or started a trial through Google Play, manage your subscription settings within your Google Account. Cancellation must be done at least 24 hours before the trial or current subscription term ends. Learn more about managing subscriptions on Google’s support page. Challenges From time to time, we may offer various challenges. If you purchased a subscription through our websites (including but not limited to https://next.walkingfl.fit), in conjunction with a promotional offer such as “Complete Your 28-Day Program and Get a Full Refund”) (hereinafter referred to as the “Promotional Offer”) you may become eligible for a refund by fulfilling all requirements specified in that offer and as outlined below. For the purposes of these Terms, a “Challenge” refers to a specific set of daily walking or activity goals defined within the corresponding Promotional Offer. Eligibility and Completion Requirements. To qualify for a refund, you must complete your Challenge within sixty (60) calendar days from the date of subscription purchase. To successfully complete the Challenge, you must fulfill all daily walking goals for twenty-eight (28) consecutive days without interruption using the App. Failure to meet either condition, including starting late or breaking the consecutive day streak, will render you ineligible for a refund. Here are a few illustrative cases: Eligible: Subscription purchased on January 1; Challenge started on January 5; completed for 28 consecutive days. Refund applicable. Ineligible: Subscription purchased on January 1; Challenge started on January 5; completed for 14 days, missed one day, then completed 14 more days. Refund not applicable due to non-continuous completion. Ineligible: Subscription purchased on January 1; Challenge started on March 10; completed for 28 consecutive days. Refund not applicable due to exceeding the 60-day limit from purchase. Ineligible: Subscription purchased without a Promotional Offer. Refund not applicable as no qualifying offer was provided. Submission of Refund Request. After completing the Challenge, you must:

Provide the email used for subscription purchase.

Describe briefly the reason for the refund request.

Attach screenshots from the App, showing daily goal progress using the following way:

Attach screenshots from the App showing daily goal progress and completion of the 28-day Challenge. Screenshots must clearly display your full progress (28/28 days completed) and visible daily streak indicators. Here are a few illustrative cases: Eligible: Challenge completed for 28 consecutive days; contacted us via support@walkingfl.fit within 30 days; provided purchase email, refund reason, and correct screenshots showing full completion. Refund applicable. Ineligible: Challenge completed but screenshots missing or unclear. Refund not applicable due to insufficient proof. Ineligible: Challenge completed, but refund request sent using a different communication method (e.g., social media or alternative email). Refund not applicable. Ineligible: Challenge completed and screenshots attached, but user failed to provide the purchase email. Refund not applicable due to incomplete request details. Refund for 7-Day Subscriptions. If you purchased a 7-day subscription and renewed it once, you may be eligible for a refund covering both the initial subscription and the first renewal. Refunds will only be processed to the original payment method used at the time of purchase. Additional Provisions: Refund amount is capped at USD 20.00. Refunds are processed to the original payment method. REFUND APPLIES ONLY TO THE FIRST SUBSCRIPTION PAYMENT. SUBSEQUENT PAYMENTS, INCLUDING RENEWALS OR ADDITIONAL OFFERS, ARE NON-REFUNDABLE. AUTO-RENEWAL REMAINS ACTIVE UNLESS EXPLICITLY CANCELED BEFORE THE RENEWAL DATE SPECIFIED IN YOUR CONFIRMATION EMAIL. YOU MAY PARTICIPATE IN MULTIPLE CHALLENGES; HOWEVER, YOU ARE ELIGIBLE TO RECEIVE A REFUND ONLY ONCE. ANY SUBSCRIPTION RE-PURCHASE OR PARTICIPATION AFTER A REFUND HAS BEEN ISSUED WILL NOT QUALIFY FOR ANY FURTHER REFUNDS, EVEN IF COMPLETED SUCCESSFULLY. VIOLATION OF ANY TERMS OR RULES ASSOCIATED WITH THE PROMOTIONAL OFFER OR THESE TERMS MAY RESULT IN DISQUALIFICATION FROM A REFUND.

YOUR USE OF THE SERVICE

Your Representations and Warranties. By accessing or using the Service, you represent, warrant and agree that:

You have the legal capacity to enter into these Terms and agree to comply with them fully.

You are at least 18 years of age or the age of majority in your jurisdiction, if higher.

All information you provide to us in connection with your use of the Service is true, accurate, and complete.

You have consulted with your physician, dietitian, or qualified healthcare professional before making any dietary changes based on information provided in the Service.

You will not use the Service for any illegal or unauthorized purposes and will ensure your use complies with all applicable laws and regulations, including those of your jurisdiction.

You will not misuse the Service or any Content published by us or third parties.

You are not listed on any U.S. Government list of prohibited or restricted parties, including but not limited to the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce Denied Persons List or Entity List.

You are not an individual or associated with any entity designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010) or any equivalent legislation.

You agree to comply with all applicable export and re-export control laws and regulations, including those of the United States, the United Kingdom, and any other relevant jurisdictions. This includes restrictions on the transfer of goods, software (including the Service), technology, and services.

The availability and functionality of the App depend on the third-party platform from which you downloaded it (e.g., the Apple App Store or Google Play Store, collectively, "App Stores"). You agree to pay any applicable fees required by the App Store and to comply with its terms, conditions, and policies. The App Stores and their subsidiaries are third-party beneficiaries of these Terms and may enforce them to the extent necessary to protect their rights.

Your Permitted Use of the Service. We allow you to use the Service exclusively for your personal, non-commercial purposes, as intended and defined by us. Any use of the Service for commercial activities, or any purpose not expressly authorized or approved by us, is strictly prohibited. Your Prohibited Use of Service. You agree not to use the Service, directly or indirectly, for any unlawful or unauthorized purposes, or in a manner that violates these Terms, including but not limited to:

developing, operating, or assisting in the development or operation of a product, service, or software that competes with or serves as a substitute for the Service;

engaging in activities that could damage, disable, overburden, or impair the functionality of the Service or its underlying systems, or interfere with another user’s access to or enjoyment of the Service;

conducting any fraudulent, deceptive, or harmful activities, including uploading or distributing viruses, worms, trojan horses, or other malicious code designed to disrupt or harm the Service, users, or third parties;

copying, adapting, altering, modifying, translating, or creating derivative works based on the Service or any part thereof, without prior written permission from us;

engaging in unauthorized framing of or linking to the Service, or embedding it within another service without our permission;

reverse engineering, decompiling, disassembling, or otherwise attempting to extract source code or underlying ideas from the Service, except as explicitly permitted by applicable law;

attempting to bypass, disable, or interfere with security features or technological protections of the Service;

removing, obscuring, or altering any copyright, trademark, or other proprietary notices contained within the Service; using the Service for any revenue-generating, commercial, or promotional purpose without our express written approval;

using the Service or any data, Content, User-Generated Content, or features from the Service to diagnose, treat, cure, or mitigate any health conditions or medical issues without our express written approval;

sharing, sublicensing, assigning, selling, renting, leasing, or otherwise transferring your access to the Service or its Content or User-Generated Content to others without authorization;

publishing, uploading, or distributing User-Generated Content that is unlawful, harmful, defamatory, obscene, violent, hateful, harassing, or otherwise objectionable, as determined by us in our sole discretion;

uploading or transmitting User-Generated Content that infringes upon the intellectual property rights, privacy, or other rights of third parties;

uploading User-Generated Content containing malware, corrupted files, or other harmful elements that may damage or disrupt the Service or its users;

conducting, facilitating, authorizing, or permitting any text or data mining or web scraping activities in connection with our Service. This prohibition includes, but is not limited to, the use of any automated tools, including “robots”, “bots”, “spiders”, “scrapers”, or similar programs, algorithms, or processes to: (i) access, obtain, copy, monitor, or republish any portion of the website, its content, data, or Service; or (ii) analyze text or data in digital form to derive patterns, trends, correlations, or other insights. This clause constitutes an express reservation of our rights concerning text and data mining or web scraping. Where applicable law prevents us from restricting or excluding such activities by contract, this clause shall only apply to the extent permitted by law.

Right to Refuse or Terminate Access. If any information you provide is found to be untrue, inaccurate, not current, or incomplete, or if you violate these Terms, we reserve the right to immediately suspend or terminate your access to the Service, including any current or future subscriptions, without prior notice or liability.

LIMITED LICENSE TO THE SERVICE

Content. All text, images, graphics, designs, icons, marks, logos, data, software, and other information displayed on or used to operate the Service (collectively, the "Content"), excluding any User-Generated Content, are proprietary to us or third parties. All rights in and to the Content are reserved by us, except where expressly granted to you under these Terms. No additional rights, whether express or implied, are conferred. Except as expressly permitted in these Terms, you may not copy, modify, store, distribute, reproduce, create derivative works based on, reverse engineer, decompile, attempt to discover the source code of any part of the Service or Content, or otherwise exploit the Content or any part of the Service. The provision of the Service does not transfer or assign any rights, title, or interest in the Content to you or any third party. Any use of our software, trademarks, service marks, trade names, logos, domain names, or other proprietary brand features or Content requires our prior written consent. License. We grant you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to access and use the Service solely for your personal, non-commercial purposes. If you use features such as the Food Scanner or upload other content to the Service, you grant us a revocable, non-exclusive, transferable license to use such content for the purposes of improving and operating the Service. You can revoke this license at any time by contacting us via support@walkingfl.fit, after which we will delete your content as requested.

LICENSE TO USER-GENERATED CONTENT

Ownership of User-Generated Content. You retain all rights, title, and interest in any User-Generated Content you post, share, or log through the Service. User-Generated Content includes, but is not limited to, text, graphics, messages, comments, suggestions, photos, videos, reviews, or other materials you upload, submit, or transmit via the Service. We are not responsible for the accuracy, quality, or legality of User-Generated Content posted by users. Interactions between you and other users are solely your responsibility. We accept no liability for any disputes, damages, or losses arising from these interactions. We may, at our discretion, remove User-Generated Content without notice and are not obligated to retain or restore any removed User-Generated Content, nor are we liable for any loss caused by its removal. Your Acknowledgement in relation to User-Generated Content. You acknowledge that your relationship with us is not confidential, fiduciary, or otherwise special, and submitting User-Generated Content does not create any obligations for us beyond those outlined in these Terms, Privacy Policy or your selected privacy settings. User-Generated Content you provide is not subject to any duty of confidentiality on our part, and we are not responsible for any use or disclosure of such User-Generated Content, except as specified in our Terms, Privacy Policy or your privacy preferences. License Grant. By providing User-Generated Content through the Service, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, adapt, translate, reformat, display, distribute, create derivative works from, and otherwise exploit your User-Generated Content and your name, username and likeness in connection with the operation, improvement, and promotion of the Service. Personal data, as defined by applicable privacy laws and regulations, is explicitly excluded from the scope of the license granted by you under these Terms. Revocation of License. If you wish to revoke the license for specific User-Generated Content, you may contact us at support@walkingfl.fit. Upon receipt of your request, we will take reasonable steps to remove and cease using the specified User-Generated Content, subject to applicable laws and technical limitations. The Company may retain copies of your User-Generated Content for purposes reasonably necessary to operate the Service, as permitted under these Terms and our Privacy Policy.

WARRANTY DISCLAIMER

General Disclaimer. The Service, including the App and all related Content, features, and functionality, is provided on an "as is" and "as available" basis, without any representations, warranties, or guarantees of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;

Warranties arising from course of performance, trade, or usage; and

Warranties regarding the accuracy, reliability, or availability of the Service.

We and our directors, employees, agents, representatives, and suppliers, do not guarantee that:

The Service will be secure, uninterrupted, error-free, or available at any specific time or location;

Any defects or errors will be corrected;

The Service or its content will be free of viruses, malware, or other harmful components;

The results obtained from using the Service will meet your expectations; or

Content or communications provided by third parties or users through the Service will be accurate, reliable, or complete.

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. Additional Disclaimers. We reserve the right, at our sole discretion, to modify, update, suspend, or discontinue the Service or any part thereof at any time without prior notice. We are not liable for any disruptions or losses resulting from such actions. Furthermore, we are under no obligation to screen or monitor any Content or User-Generated Content, and do not guarantee that any Content or User-Generated Content available on the Service will be suitable for all users or remain available for any specific duration. Certain features, Content or User-Generated Content may not be available in your region and may vary by jurisdiction. The Service is not intended to provide financial, healthcare, legal, physician or other professional advice. Any information provided through the Service is for informational purposes only and should not be relied upon as a substitute for professional consultation. You are solely responsible for your interactions with other users and for any reliance on Content or User-Generated Content accessed through the Service. We disclaim all liability for disputes, damages, or losses arising from such interactions. Outputs from our Food Scanner are used at your sole risk. They should not be relied upon as your sole source of accurate information or as a substitute for professional advice. Consumer Rights. For consumers in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, the Service will conform to the agreed description, functionality, and performance at the time of purchase or download, including compatibility with your device. We will provide necessary updates, including security updates, as required by EU laws, and you are responsible for installing these updates promptly. Failure to install updates may impair the Service’s performance, and we are not liable for resulting issues. If the Service does not conform to these Terms, you have the right to request defect correction within a reasonable time or, if the issue persists, to receive a price reduction or refund. You agree to cooperate by providing necessary information about your digital environment to resolve issues. Liability for defects is valid for the legally required duration under EU consumer protection laws. Limitations by Jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties or certain damages. In such cases, the disclaimers and limitations in these Terms will apply to the fullest extent permitted by law.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, AND DATA PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, USE, DATA, OR GOODWILL. SUCH EXCLUSIONS APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO US FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE LIMITATIONS ARE SUBJECT TO JURISDICTIONAL VARIATIONS, AND SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY. IN SUCH CASES, THE EXCLUSIONS AND LIMITATIONS SET OUT IN THESE TERMS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNITY

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us, including our subsidiaries, affiliates, successors, officers, directors, employees, agents, contractors, partners, licensors, and representatives (collectively, the “Indemnified Parties”), from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use or misuse of the Service or User-Generated Content;

Your violation of these Terms or any applicable policies;

Your violation of the rights of any third party, including intellectual property rights, privacy rights, or other proprietary rights;

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under these Terms. You agree to cooperate fully with our defense of such claims. You may not settle any claim without our prior written consent, and we will make reasonable efforts to notify you of any claim, action, or proceeding as soon as we become aware of it.

THIRD-PARTY SERVICES

The Service may include links to third-party websites, applications, advertisements, or other resources ("Third-Party Services"). These Third-Party Services are provided for your convenience, but we do not control, endorse, review, or assume any responsibility for their content, accuracy, or suitability. Your access to and use of any Third-Party Services is at your own risk and subject to the terms and privacy policies of the respective third parties. We disclaim all liability for any damages, losses, or issues arising from your use of or reliance on Third-Party Services, including but not limited to:

Any transactions, payments, or delivery of goods or services made between you and the third party;

Any inaccuracies or inappropriate material in the content, products, or advertisements offered by the third party;

Any sharing of links by you or others that direct to Third-Party Services.

You further acknowledge that our Service may include advertisements, promotions, or sponsored content, which may appear in various formats and locations. We may not always explicitly identify such content as advertising. The manner and extent of advertisements are subject to change without notice. You are solely responsible for assessing whether accessing or engaging with Third-Party Services is appropriate. This includes taking steps to protect your personal data and complying with any applicable third-party agreements.

YOUR PRIVACY

Your personal data is processed by us in connection with your use of the Service in compliance with our Privacy Policy. This policy provides detailed information on how we collect, handle, store, and disclose your data and your rights under data protection laws. Information collected through cookies and similar technologies is addressed in our Cookie Policy, which explains their purpose, how third parties may use them, and how you can manage your cookie preferences. The Privacy and Cookie Policies are incorporated by reference into these Terms. Should any inconsistencies arise between these Terms and the Privacy or Cookie Policy, the provisions of these Terms shall govern.

COMMUNICATION AND CUSTOMER SUPPORT

Support. If you have any questions, or concerns, or require assistance regarding our Service, you may reach out to us using the contact information provided in the “INTRODUCTION” section of these Terms. While we are not legally obligated to provide customer support, we may, at our sole discretion, choose to offer support services to users when necessary. Such support, if provided, is offered as a courtesy and does not create any ongoing obligation or entitlement to future support. We will make reasonable efforts to respond promptly to your inquiries; however, we do not guarantee a specific response time. Feedback. We welcome your feedback. You will be prompted to submit comments, suggestions, ideas, feedback, ratings, materials, or other information ("Feedback") to us through the App. You hereby agree that all Feedback that you disclose or submit to us through the App is voluntary, non-confidential, and becomes and remains our property. Your disclosure or submission of Feedback to us constitutes an assignment to us of all rights, title, and interest in and to the Feedback. We may disclose or use any Feedback as we see fit without any compensation to you.

REPORTING COPYRIGHT INFRINGEMENT

We are committed to responding to any alleged copyright violations, should they occur. If you believe that your content has been copied in a way that constitutes copyright infringement, you or your agent may submit a Digital Millennium Copyright Act («DMCA») notification to us. If we find that there has been an alleged or actual infringement, we will take appropriate action under the DMCA and other intellectual property laws. Alternatively, you can send the notice to us via support@walkingfl.fit or contact us by post. Such notice must be in writing and contain the following information:

your address, telephone number, and e-mail address;

a description of the copyrighted work or other intellectual property that you claim has been infringed (including infringing and source URL);

information sufficient to permit us to locate the alleged infringing work. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link;

include the following statement: «I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law»;

include the following statement: «I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed»;

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.

TERMINATION

Term. These Terms take effect from the date you first access or use our Service and will remain in force until terminated in accordance with this Section. Termination by Us. We may terminate these Terms, suspend or restrict your access to the Service, or delete your Account immediately upon providing notice if:

You have used the Service in violation of these Terms;

Unauthorized access or activity is detected on your Account or related to your use of the Service;

We decide, at our sole discretion, to withdraw the Service (in whole or in part); We are required to do so due to a legal or regulatory obligation;

You request the deletion of your Account or personal data; or

For any other lawful reason, provided we have given you reasonable advance notice via email, or any electronic communication within the Service.

We reserve the right to block your access to the Service to prevent re-registration or unauthorized access if your account has been suspended, terminated, or deleted Termination by You. You may terminate these Terms at any time by ceasing to use the Service. If you have purchased a subscription, please refer to Section 6 of these Terms for detailed instructions on how to cancel your subscription properly to avoid future billing. Effect of Termination. Upon termination of these Terms:

All licenses granted to you under these Terms will immediately terminate;

Any User-Generated Content you have submitted may no longer be accessible, and we are not responsible for any deletion or loss of such User-Generated Content.

Upon termination of these Terms, all provisions that by their nature are intended to survive termination shall remain in effect. This includes, but is not limited to, provisions relating to Sections 8, 9, 10, 11, 12, 14, 18, 20 and any other provisions necessary to enforce rights or obligations that accrued prior to termination.

DISPUTE RESOLUTION BY BINDING ARBITRATION

THIS SECTION OUTLINES YOUR RIGHTS AND OBLIGATIONS REGARDING DISPUTE RESOLUTION. PLEASE READ IT CAREFULLY, AS IT INCLUDES MANDATORY BINDING ARBITRATION. THIS SECTION SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT" For Users in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland. If you reside in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, any Disputes arising out of or relating to these Terms, including their interpretation, enforcement, or validity, shall be governed by and construed in accordance with the laws of your country of residence. The courts of your usual place of residence shall have exclusive jurisdiction over any Disputes (as defined herein) that are not resolved through the arbitration agreement outlined in these Terms. For Users in the United States or Other Jurisdictions. If you reside in the United States or any other jurisdiction not listed above, any Disputes arising out of or relating to these Terms shall be resolved exclusively through the arbitration agreement provided herein, and the governing law shall be determined as specified in the arbitration clause. By accessing or using our Service, you agree that any disputes, claims, or controversies arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service (collectively, "Disputes"), will be resolved solely by binding, individual arbitration (i.e. not in a class, representative or consolidated action or proceeding), unless expressly provided otherwise in this Section or to the extent that the applicable law prohibits the exclusive use of arbitration for dispute resolution. This includes any claims against our affiliates, subsidiaries, employees, officers, agents, or licensors. Notwithstanding the above, the following exceptions apply: Small Claims Court: Either party retains the right to bring an individual claim in small claims court for disputes or claims within the jurisdictional limits of such a court. Injunctive or Equitable Relief: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect or enforce intellectual property rights, including copyrights, trademarks, trade secrets, patents, or similar proprietary rights. AGREEMENT TO WAIVE JURY TRIAL AND CLASS ACTION BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE, AND WE AGREE, TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS A FUNDAMENTAL COMPONENT OF THIS ARBITRATION AGREEMENT. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION AGREEMENT LIMITS YOUR RIGHT TO APPEAL AND OTHER RESOLUTION PROCESSES. Arbitration Procedure and Applicable Rules You further agree that all disputes between you and us will be resolved exclusively through binding arbitration before a single, neutral arbitrator, administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified herein. Place of Arbitration. The arbitration proceedings shall be held in Delaware, United States unless the parties agree to an alternative location. Governing Law. The arbitration shall be conducted in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, including any applicable statutes of limitations and recognized legal privileges. Language of Arbitration. The arbitration will be conducted in the English language. Commencing Arbitration. To initiate arbitration, you must adhere to the procedures outlined by the AAA Rules, which are accessible on this page. Filing Deadline. By accessing or using our Service, you agree that any Dispute (as defined herein) must be initiated by filing a demand for arbitration or commencing an individual legal action within one (1) year from the date the party asserting the Dispute first becomes aware, or reasonably should have become aware, of the act, omission, or event giving rise to the Dispute. Except where prohibited by applicable law, any Dispute not initiated within this one-year period will be permanently barred, and no remedy shall be available for such untimely Disputes. Selection of the Arbitrator. The arbitrator responsible for adjudicating the dispute will be selected in accordance with the procedures specified in the AAA Rules. Hearing Requirements. For claims of $10,000 or less, the arbitration will generally proceed on the basis of written submissions from the parties, unless a hearing is requested by you or deemed necessary by the arbitrator. For claims exceeding $10,000, the need for a hearing will be determined by the AAA Rules. The arbitrator shall have the discretion to oversee and regulate the exchange of information between the parties. No party or representative shall engage in ex-parte communications with the arbitrator. All communications must be made in the presence of, or with notice to, all parties involved in the arbitration. Judgment and Finality of Award. The arbitrator shall deliver the award within the timeline prescribed by the AAA Rules. The award may be enforced in any court with appropriate jurisdiction. The arbitration award shall be final and binding, and there shall be no appeal. Any damages awarded by the arbitrator must conform to the limitations specified in the applicable “Limitation of Liability” section, including restrictions on the types and amounts of damages recoverable. Remedies. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Individual Relief Only. The arbitrator may award relief solely in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. The arbitrator shall have no authority to award relief to or against anyone who is not a party to the arbitration. Furthermore, the arbitrator may not consolidate multiple parties' claims or preside over any form of class, joint, or representative proceeding. Fees. Your obligation to cover any filing, administrative, or arbitrator fees shall be governed exclusively by the fee schedule outlined in the AAA Rules. Assessment of Fees. The prevailing party shall be entitled to an award of reasonable attorney fees. The allocation of forum fees and expenses shall be determined by the arbitrator. Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Opt-Out Option. You may opt out of this arbitration agreement within 30 days of accepting these Terms by submitting your notice via our online contact form at support@walkingfl.fit, stating your intention to opt out. Opting out will not affect other provisions of these Terms. Severability. If any portion of this arbitration agreement is deemed invalid or unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect. However, if the waiver of class actions and collective relief is found unenforceable, the arbitration shall proceed on an individual basis only to the fullest extent permitted by law. Survival. Except stated otherwise, this arbitration agreement shall survive termination of these Terms.

WITHDRAWAL AND ALTERNATIVE DISPUTE RESOLUTION

Your Right to Withdraw. If you are a consumer based in the European Union, the United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, you have a statutory right to withdraw from contracts for online purchases of services within 14 days of entering into the contract without providing a reason, unless specific conditions apply as detailed below. Exceptions to the Right of Withdrawal. When purchasing digital content online, including single-use items, you agree that the content will be available to you immediately. By consenting to immediate access, you acknowledge that you waive your right of withdrawal and are not eligible for a refund. When you purchase a subscription to access our Service, which is provided on a continuous basis, your access to the Service begins immediately upon completing the purchase. By consenting to the immediate commencement of your Subscription, you acknowledge and agree to waive your statutory right of withdrawal. Exercising Your Right of Withdrawal. To exercise your right of withdrawal (where applicable), you must send an unequivocal statement of your intention to withdraw from the contract (i.e., these Terms). This can be done by: Sending a written notice by post to one of the following addresses: Extramile Limited, Prodromou, 75, ONEWORLD PARKVIEW HOUSE, Floor 4, 2063, Nicosia, Cyprus Fulfilling Inc., 1007 N Orange St., 4th Floor, Ste 1382, Wilmington, New Castle, DE 19801, USA Submitting your notice via support@walkingfl.fit. Your withdrawal notice must be sent no later than 24 hours before the expiration of the withdrawal period. Unless otherwise waived, the withdrawal period expires 14 days from the day you entered into the contract. While not mandatory, you may use the following template to exercise your right of withdrawal: I/we* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods*/the provision of the following service*: Ordered on*/received on*: Name of the consumer(s): Address of the consumer(s): Date: *Delete as applicable. Refunds. If you exercise your right of withdrawal, we will deduct a proportionate amount corresponding to the Service you have used up to the time of notification. Refunds will be processed using the same payment method used for the original transaction, unless agreed otherwise. Alternative Dispute Resolution (ADR) In the event of a dispute arising from or relating to these Terms, you and the Company will first attempt to resolve the matter through negotiations. If no resolution is reached within 30 days of written notice to negotiate, the parties may voluntarily explore a good-faith resolution through an agreed alternative dispute resolution (ADR) procedure. Participation in ADR is not mandatory and is entirely at the discretion of each party. If ADR is unsuccessful within 60 days, or if a party refuses to participate, the dispute may proceed to arbitration. European consumers (including those in Norway, Switzerland, Iceland, or Liechtenstein) may use the European Commission’s Online Dispute Resolution (ODR) platform for disputes related to online contracts. The platform is accessible at ODR Platform Link.

MISCELLANEOUS

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, U.S. without regard to its conflict of laws principles, and excluding the 1980 UN Convention on Contracts for the International Sale of Goods. Entire Agreement. These Terms constitute the entire agreement between you and us regarding your access to and use of the Service and supersede all prior agreements, understandings, or representations, whether written or oral. No Waiver. Failure or delay by us to exercise any right or enforce any provision under these Terms shall not operate as a waiver of such right or provision. A waiver will only be effective if explicitly stated in writing and signed by an authorized representative. Severability. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified or severed to the minimum extent necessary to comply with the law, without affecting the enforceability of the remaining provisions. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time and without prior notice, including via novation. Posting an updated version of these Terms identifying the new party shall serve as valid notice of such transfer. These Terms are binding and will inure to the benefit of both parties and their respective successors, assigns, and legal representatives. Electronic Communications. By interacting with the Service or communicating with us electronically, you consent to receive communications electronically and agree that such communications, including notices, disclosures, and agreements, have the same legal effect as those provided in writing. You acknowledge that your electronic submissions constitute a legally binding agreement. Force Majeure. We shall not be held liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, governmental actions, labor disputes, or disruptions in telecommunications. Third-Party Rights. Except as expressly stated herein, these Terms are intended solely for the benefit of the parties and do not create any rights for third-party beneficiaries. Headings and Construction. Headings in these Terms are provided for convenience only and shall not affect their interpretation.