Terms & Conditions

This Agreement is legally binding between you ("User", "you", or "your") and WunderFit Labs ("WunderFit Labs", "we", "us", or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.

If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access or use the Website and Services.

Accounts and membership

You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement, you warrant and represent that you are at least 13 years of age.

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. We may, but have no obligation to, monitor and review new accounts before they are activated. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.

Products and orders

All products are subject to availability. We reserve the right to limit the quantity of any product or service that we offer and to discontinue any product at any time. Prices for products are subject to change without notice.

We reserve the right to refuse or cancel any order, including orders we believe are placed by resellers, dealers, or distributors without our authorization.

Refunds and returns are governed by our Refund Policy. Shipping is governed by our Shipping Policy.

Links to other resources

Although the Website and Services may link to other resources (such as websites or mobile applications), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless specifically stated. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any third-party businesses or content. Your use of any third-party resource is at your own risk.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by WunderFit Labs or third parties, and all rights, titles, and interests in and to such property remain solely with WunderFit Labs or its licensors. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of WunderFit Labs or its licensors. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of WunderFit Labs' or any third-party trademarks.

Disclaimer of warranty

You agree that the Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will WunderFit Labs, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity), however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if WunderFit Labs has been advised as to the possibility of such damages.

To the fullest extent permitted by applicable law, the aggregate liability of WunderFit Labs and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Services will be limited to an amount no greater than the amount you actually paid to WunderFit Labs in the prior twelve (12) months.

Indemnification

You agree to indemnify and hold WunderFit Labs and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the Website and Services, or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision is held by a court to be illegal, invalid, or unenforceable, the remaining provisions shall continue in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Minnesota, United States, without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States.

The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Minnesota, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting an updated version of this Agreement on the Website. When we do, we will revise the "last updated" date at the top of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you have questions about this Agreement, please email hello@wunderfitlabs.com.