Cheeky Fit Legal Notice and Terms of Service

Terms of Service

These Terms of Service ("Terms") are a binding agreement between you ("User" or "you") and Cheeky Fit Inc. ("Cheeky-Fit," "we," "us," or "our"), the provider of the Cheeky Fit platform ("Cheeky Fit" or the "Service"). By creating an account or using Cheeky Fit, you agree to abide by these Terms and all applicable laws. If you do not agree, do not use the Service. We reserve the right to update or modify these Terms at any time, and will indicate the date of the latest revision above. It is your responsibility to review these Terms periodically. Continued use of Cheeky Fit after any changes constitutes your acceptance of the new Terms.

1. Eligibility and Account Requirements

• Minimum Age. You must be at least 13 years old, or the minimum age in your country to lawfully use an online service, to create an account or use Cheeky Fit. Users under the age of 18, or the age of majority in your jurisdiction, must have permission from a parent or legal guardian, who will be responsible for the minor's activity. We do not knowingly allow children under 13 to use Cheeky Fit in violation of applicable child protection laws.
• Account Creation. You agree to provide truthful, accurate, and complete information when creating your Cheeky Fit account. You will keep your account information updated. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify us immediately.
• Account Security. You are solely responsible for any activity occurring under your account. Cheeky-Fit Inc. is not liable for any loss or damage arising from your failure to secure your account. We reserve the right to suspend or terminate any account we suspect is being used in violation of these Terms or law.
• Business or Organization Use. If you are using Cheeky Fit on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.

2. Our Services and Changes

• Services Provided. Cheeky Fit offers a platform for social networking, user-generated content, communication, and a marketplace for buying and selling goods or services. Features are accessible via our mobile app, website, and AI-driven tools, as well as educational content and resources. The exact features and offerings may evolve over time.
• Modifications to Service. We may add, remove, or modify features of Cheeky Fit at any time at our discretion, to improve the user experience or for other business reasons. We will endeavor to provide notice for major changes, but we are not obligated to do so. Any new feature that augments or enhances the current Service shall be subject to these Terms.
• Temporary Suspension. We may also temporarily suspend the Service for maintenance, updates, or to address technical issues. We will not be liable for any inconvenience or loss arising from such suspension.
• Termination of Service. Cheeky-Fit reserves the right to discontinue the Service, in whole or in part, at any time. We will attempt to give reasonable notice to users if the entire Service is being discontinued. Neither Cheeky-Fit nor its affiliates shall be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Conduct and Community Guidelines

By using Cheeky Fit, you agree not to engage in any of the following prohibited activities. These are examples, not an exhaustive list.

• Illegal Activities: You will not use the Service for any unlawful purpose or in furtherance of illegal activities. You agree to comply with all applicable laws and regulations.
• Harmful or Abusive Behavior: You will not harass, bully, intimidate, or threaten other users. Hate speech, discrimination, or any content encouraging violence or self-harm is strictly forbidden. You will not use Cheeky Fit to mislead, defraud, or cause harm to anyone.
• User Content Violations: You will not post or share any content that is obscene, pornographic, including any content involving minors, which will be reported to law enforcement, defamatory, libelous, fraudulent, infringing on intellectual property or privacy rights, or otherwise violates any third-party rights or these Terms.
• Spam and Unauthorized Commercial Activities: You will not spam others, conduct pyramid schemes, send unsolicited advertising or promotions, or engage in unauthorized advertising on the platform. Any commercial activities on Cheeky Fit, such as promotions or contests, must comply with applicable laws and our guidelines.
• Interference and Technical Misuse: You will not interfere with or disrupt the operation of Cheeky Fit. This includes not uploading viruses, worms, or any malicious code, not attempting to bypass security measures, not scraping or data-mining without permission, and not using automated systems in a manner that imposes excessive load on our infrastructure.
• Impersonation and False Accounts: You will not impersonate any person or entity or misrepresent your affiliation. Creating accounts for the purpose of violating these Terms or for deceptive purposes is prohibited.
• Third-Party Rights: You will not use Cheeky Fit in a manner that infringes or violates the intellectual property, privacy, publicity, or other legal rights of any third party.

Cheeky-Fit Inc. reserves the right to take appropriate action for any misconduct or violation of these guidelines. This may include content removal, account suspension or termination, and if necessary, reporting to law enforcement. We also reserve the right to remove or disable any content that, in our judgment, violates these Terms or our policies, or is otherwise harmful or objectionable.

4. User-Generated Content and License Grant

Your Content. Cheeky Fit allows users to create, post, upload, transmit, or otherwise share content, including but not limited to text, images, photos, videos, audio, code, and other materials ("User Content"). You retain any ownership rights you have in the content that you post to Cheeky Fit. However, you grant Cheeky-Fit Inc. a broad license to use that content as described below.

License to Cheeky Fit. By submitting or posting User Content on or through Cheeky Fit, you hereby grant Cheeky-Fit Inc. and our affiliates, partners, and sublicensees a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully-paid, transferable, and sublicensable license to access, use, host, cache, store, reproduce, record, modify, adapt, create derivative works of, publish, display, perform, distribute, transmit, translate, monetize, and otherwise exploit that User Content in any manner and on any media or platforms, whether now known or later developed. This license grants us the right to use your content for any purpose, including operating and improving the Service, developing new features, advertising and marketing Cheeky Fit, and in general commercializing the content, for example by using or licensing your content to third-party retail partners or other users of our Service.

Scope and Limitations. The license you grant to us is perpetual and irrevocable, meaning even if you stop using Cheeky Fit or delete your account, we may continue to retain and use your content, for example in backups or if your content has been shared by others. You understand that Cheeky Fit may make public, display, or feature your content, especially if you post it in public areas of the Service, and other users or partners may also view and use your content. You also agree that we may modify or adapt your content, for example by reformatting or translating it, or incorporating it into advertisements or collective works, and you waive any rights of publicity or moral rights in such content to the extent permitted by law.

Your Warranties for Your Content. You represent and warrant that you have all necessary rights to post the content that you submit to Cheeky Fit and to grant the above license. This means that you either own the content or have obtained the necessary permissions from the rightful owner, and your posting of the content and the license you grant us do not infringe or violate any intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You also agree that no User Content will contain material that is subject to copyright or other proprietary rights unless you are the owner of those rights or have permission from the rightful owner to post it.

Content Monitoring and Removal. Cheeky-Fit Inc. does not pre-screen User Content, and we are not responsible for monitoring or editing content posted by users. However, we reserve the right, but do not assume the obligation, to review, screen, delete, or remove any User Content at any time and for any reason without notice, particularly if we believe it violates these Terms or applicable law. The decision to remove content is at our sole discretion, and our failure to remove any particular content does not amount to endorsement or approval of that content.

Feedback. If you provide us with any suggestions, ideas, feedback, or reports about bugs or proposed improvements for Cheeky Fit ("Feedback"), we are free to use such Feedback without restriction and without any compensation to you. You hereby grant Cheeky-Fit Inc. a perpetual, irrevocable, free license to use, modify, and incorporate any Feedback you provide into our products and services.

5. Intellectual Property Rights

Cheeky Fit's Content and IP. All content provided by Cheeky-Fit Inc. on the Service, excluding User Content, including the Cheeky Fit name, logos, trademarks, service marks, software, code, design, and other proprietary materials ("Cheeky Fit Content"), is owned by Cheeky-Fit Inc. or our licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Cheeky-Fit Inc. retains all rights, title, and interest in and to Cheeky Fit and Cheeky Fit Content.

Your Right to Use Our Content. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use Cheeky Fit and Cheeky Fit Content for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, publicly perform, publicly display, sell, or create derivative works of any Cheeky Fit Content or the Service, in whole or in part, unless expressly permitted by us in writing. Any unauthorized use of our intellectual property or the Service is strictly prohibited and will result in termination of the license granted to you.

Trademarks. "Cheeky Fit," "Cheeky-Fit," and associated logos and slogans are trademarks of Cheeky Fit Inc. You are not permitted to use these trademarks without our prior written consent. All other trademarks, logos, or brand names appearing on Cheeky Fit are the property of their respective owners.

Copyright Infringement (DMCA). We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe any content on Cheeky Fit infringes your copyright, please notify us via our designated DMCA agent, with contact information available in our Privacy or Contact section below. We reserve the right to remove allegedly infringing content and terminate accounts of repeat infringers.

6. Paid Services, Purchases, and Fees

Premium Features and Subscriptions. Some features or services on Cheeky Fit may require payment, for example premium memberships, in-app purchases, or transaction fees for marketplace sales. If you choose to access paid features, you agree to pay all applicable fees and taxes. Pricing and payment terms will be presented to you at the time of purchase. All fees are in U.S. Dollars, unless otherwise specified, and are non-refundable except as required by law or explicitly stated otherwise. We reserve the right to change pricing for any paid features, or institute new fees, at any time upon reasonable notice, which may be provided by updating the pricing information or via in-app notification.

Payment Method. You must provide a valid payment method, such as a credit card or other accepted payment provider, when signing up for a paid service. You authorize Cheeky-Fit, or our designated payment processor, to charge your provided payment method for all charges corresponding to the selected service, including any recurring subscription fees if applicable. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms, and we may suspend or terminate your access to paid features until payment is received in full.

Subscriptions and Auto-Renewals. If you purchase a subscription to a Cheeky Fit service, your subscription will automatically renew at the end of each billing cycle, for example monthly or annually, unless you cancel it beforehand. You can cancel by the applicable cancellation method, such as through your account settings, at least 24 hours before the next billing date to avoid being charged for the next cycle. No refunds will be provided for partial subscription periods if you cancel mid-cycle, except where required by law.

No Refund Policy. All payments are final. Cheeky-Fit Inc. does not offer refunds or credits for any used or unused services, subscription periods, or digital goods, except in our sole discretion or where legally required. For example, if we terminate the Service entirely, we may provide prorated refunds for any prepaid, unused portion of a subscription as required by law. Any chargeback or payment dispute initiated by you that is found to be unwarranted may result in immediate termination of your account and you will remain responsible for any outstanding amounts.

Taxes. You are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due with respect to your purchase of paid services. We may calculate and add these taxes at checkout where required by law, but ultimately you are liable for compliance with tax obligations in your jurisdiction.

7. Marketplace Transactions and Third-Party Services

Cheeky Fit may include features that allow users to buy and sell products or services, a marketplace, or integrate with third-party services and content. It is important to understand that Cheeky-Fit Inc. is not a party to transactions between users, nor to transactions between users and third-party providers, even if those interactions occur on our platform.

User-to-User Transactions. If you buy or sell anything with another user through Cheeky Fit's marketplace features, you do so at your own risk. Cheeky-Fit does not guarantee the quality, safety, legality, or existence of any goods or services transacted by users, and we do not provide any warranties on behalf of buyers or sellers. We are not responsible for resolving disputes between buyers and sellers. Any agreements or terms of sale are solely between the users involved. However, we reserve the right to intervene at our discretion to facilitate dispute resolution and or take action, such as account suspension, if a user is found to be engaging in fraud or violating these Terms.

No Endorsement. The presence of any third-party sellers, retailers, or advertisements on Cheeky Fit does not constitute our endorsement or recommendation. We do not vet or certify third-party offerings. Any purchase you make from a third-party, whether another user or an external partner, is solely between you and that third party.

Third-Party Integrations. Cheeky Fit may enable you to connect your account with third-party services, for example linking to an educational content provider, or using a third-party payment processor for transactions. If you use these integrations, you may be subject to the third party's terms of service and privacy policy. We are not responsible for third-party services, content, or sites that may be linked or integrated into Cheeky Fit. For example, if Cheeky Fit links to an external website or content, Cheeky-Fit Inc. makes no warranties or representations about that external content and will not be liable for any issues arising from your use of it.

Payment Processors. For marketplace transactions or purchases, we may use third-party payment processors, such as Stripe, PayPal, or others. Cheeky-Fit is not responsible for errors or security breaches by these processors. You agree to pay any payment processor fees, if applicable, and comply with their terms. We do not store your financial account information on our servers; such information is handled by the payment processor.

Release. Because Cheeky-Fit is not involved in user transactions or third-party dealings, you agree that you release Cheeky-Fit Inc. from any claims or liability arising from anything bought or sold via our Service, or from third-party content or services. This means that if you have a dispute with one or more users or an outside party, you release us, and our officers, directors, employees, and agents, from any claims, demands, and damages of any kind, known or unknown, arising out of or connected with such disputes.

8. AI and Educational Content - Disclaimers and User Responsibilities

Cheeky Fit may offer AI-powered features, such as AI-generated content, recommendations, chatbot interactions, or other machine learning outputs, and educational content, including informational articles, courses, or tips. While we strive to make these features helpful, it is important to understand their limitations:

• No Guarantee of Accuracy: AI outputs are not guaranteed to be accurate, complete, or up-to-date. The AI may produce content that contains errors, omissions, or biases inherent in the technology. Educational articles or information provided on Cheeky Fit might not be verified by experts. All information is provided for general informational purposes only.
• Not Professional Advice: Any content provided by Cheeky Fit's AI or in educational materials is not intended as professional advice, including but not limited to medical, legal, financial, or fitness advice. The AI is not a substitute for professional judgment or one-on-one consultation with qualified professionals. You should not rely on any information from Cheeky Fit for making important decisions without independently confirming the information.
• User Responsibility & Verification: You are solely responsible for how you use or act on AI-generated content or educational information. We strongly recommend that you independently verify any critical or actionable advice or information obtained from Cheeky Fit before relying on it. For example, if the AI suggests a workout or a diet, you should consider consulting a healthcare professional before following it. Any actions you take based on content from Cheeky Fit are at your own risk, and Cheeky-Fit Inc. will not be liable for outcomes of decisions you make based on AI or educational content.

By using the AI features, you acknowledge these disclaimers. You also agree not to misuse the AI features, for example by generating disallowed content or relying on the AI for unlawful purposes. We may include additional AI-specific usage guidelines within the Service, and you agree to abide by them.

9. Disclaimer of Warranties

Use at Your Own Risk. Cheeky Fit and all related services, content, and software are provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law, Cheeky-Fit Inc. disclaims all warranties and conditions, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not guarantee that the Service will meet your requirements or expectations, or that it will be uninterrupted, secure, or error-free.

Without limiting the above, Cheeky-Fit makes no representations or warranties about the accuracy, reliability, or completeness of any content, including User Content, AI output, or third-party information, available on or through the Service; the availability and uptime of the Service or that any defects will be corrected; the quality, safety, or legality of any products, services, or information obtained via the Service; or the conduct of any user or third party on the platform. Your interactions with other users or third parties, online or in person, are solely between you and that party, and you agree that Cheeky-Fit is not responsible for any harm or loss that may result.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above disclaimers may not apply to you to the extent prohibited by law. In that event, the remainder of the disclaimers shall remain in effect to the fullest extent permissible under applicable law.

10. Limitation of Liability

Maximum Liability. To the fullest extent permitted by applicable law, Cheeky-Fit Inc. and its parents, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, nor for any loss of profits, revenues, business opportunities, goodwill, data, or content, even if we have been advised of the possibility of such damages. This limitation of liability applies to all claims, whether based on warranty, contract, tort, including negligence, or any other legal theory.

In particular, and without limiting the foregoing, Cheeky-Fit will not be responsible for any loss or damage arising out of or in connection with any User Content or other content, including any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content posted, emailed, or otherwise made available through the Service; your dealings with third-party sellers or advertisers on the Service; any actions or inactions of other users or your interactions with other users, whether online or offline; any reliance placed by you on the completeness, accuracy, or existence of any AI-generated content or educational information; unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Service.

If, notwithstanding the above disclaimers, Cheeky-Fit is found liable to you for any claim or cause of action, our total liability to you for all damages, losses, and causes of action will not exceed the greater of: 1) the total amount, if any, you have paid to Cheeky-Fit for use of the Service in the twelve months prior to the event giving rise to liability, or 2) One Hundred U.S. Dollars, USD $100. If you have paid nothing, our liability shall be capped at $100. This allocation of risk is an essential basis of the bargain between you and Cheeky-Fit.

No Liability for Third-Party Conduct. You specifically acknowledge that Cheeky-Fit Inc. is not liable for the defamatory, offensive, or illegal conduct of any third party, including other users, and that any risk of harm or damage from the foregoing rests entirely with you.

Because some states or countries do not allow the exclusion or limitation of certain damages, in such jurisdictions our liability shall be limited to the smallest amount permitted by law. You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Cheeky-Fit would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations.

11. Indemnification

You agree to indemnify, defend, and hold harmless Cheeky-Fit Inc., its parent company, affiliates, and each of their respective officers, directors, employees, agents, partners, and licensors, collectively, "Indemnified Parties," from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, that arise out of or relate to your use or misuse of Cheeky Fit, your breach of any provision of these Terms, your violation of any law or regulation or of any right of any third party, any dispute or issue between you and any third party, for example any transactions or interactions between you and other users or third-party partners, or any User Content that you create, post, or share on or through Cheeky Fit, including any claims that your User Content infringes or misappropriates a third party's intellectual property, privacy, or other rights.

Cheeky-Fit reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations. If we do so, you agree to cooperate with our defense of that claim and you may not settle any such claim without our prior written consent. You agree to promptly notify Cheeky-Fit of any third-party claims for which you believe you owe indemnification.

This indemnity obligation will survive any termination or expiration of these Terms and your use of the Service.

12. Dispute Resolution - Arbitration and Waiver of Class Actions

Informal Resolution. In the event of any dispute, claim, or controversy between you and Cheeky-Fit related to the Service or these Terms, the parties agree to first attempt to resolve the issue informally by contacting each other. You can reach us at the contact information provided below, and we will attempt to address your concerns without the need for formal legal action. If a dispute is not resolved through informal negotiations within 30 days from the date either party notifies the other of the dispute, then the provisions below will apply.

Binding Arbitration. Except for the exceptions explicitly provided below, you and Cheeky-Fit Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of Cheeky Fit, collectively "Disputes," shall be finally resolved by binding arbitration on an individual, non-class basis. You are thus waiving your right to go to court, except for matters that can be taken to small claims court, and waiving any right to a trial by jury. The arbitration will be administered by a neutral arbitrator, for example through the American Arbitration Association under its Consumer Arbitration Rules, or a similar reputable arbitration organization, and conducted in the English language. The arbitration may be conducted in person in the county where you reside, or another mutually agreed location, or via video conference or document submission, at the arbitrator's discretion.

Arbitration Procedure. The arbitrator shall apply the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator shall have authority to award any relief that a court of competent jurisdiction could award, except that the arbitrator may not award declaratory or injunctive relief benefiting anyone other than the parties to the arbitration. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Class Action Waiver. You and Cheeky-Fit Inc. agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. This means that you waive any right to bring or participate in a class action, class arbitration, or other representative action against Cheeky-Fit. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable in a particular case, then the entirety of this Dispute Resolution section shall be null and void, but the rest of the Terms will remain in effect.

Exceptions. Notwithstanding the above, either party may choose to pursue a claim in court and not by arbitration for disputes related to intellectual property rights, for example trademark, trade secret, copyright, or patent enforcement, or misuse of the Service that violates another's IP rights, or claims of unauthorized access, hacking, fraud, or computer crime. Additionally, either party may seek relief in a small claims court for qualifying claims if they meet the jurisdictional requirements.

Opt-Out. We believe the arbitration agreement in this section is beneficial for both users and Cheeky-Fit, but if you are a new user, you have the right to opt out of the arbitration agreement portion of these Terms by sending us a written notice of your decision to opt out at legal@cheekyfit.com or the mailing address provided in the Contact section. This opt-out notice must be postmarked, or emailed with clear identification of your account, within 30 days of the date you first accept these Terms; otherwise you will be bound to arbitrate disputes under the terms above. If you opt out of arbitration, the other parts of these Terms, including the class action waiver, remain in effect.

Continuing Obligation. This arbitration agreement will survive the termination of your relationship with Cheeky-Fit.

13. Governing Law

Except as otherwise required by applicable law, for example if certain consumer protection laws apply to you based on your country of residence, these Terms and any Dispute arising hereunder shall be governed by the laws of the State of California, U.S.A., and applicable federal United States law, including the Federal Arbitration Act for arbitration issues, without regard to its conflict of law principles. This governing law will apply no matter where in the world you reside or use Cheeky Fit, to the extent permitted.

If the arbitration agreement is ever found unenforceable or if a dispute proceeds in court for any reason, you and Cheeky-Fit agree to the exclusive jurisdiction of the state and federal courts located in California for resolving any non-arbitrable disputes or claims, and you consent to personal jurisdiction in those courts. We both waive any objections to venue in those courts.

Please note that your use of the Service may also be subject to other local, state, national, or international laws, and you agree to comply with all such laws in your use of Cheeky Fit. If you are accessing the Service from outside the United States, you do so on your own initiative and are responsible for compliance with your local laws.

14. Termination of Use

By You. You may stop using Cheeky Fit at any time. You may also delete your account by following the instructions on the platform or contacting customer support. Deleting your account may remove your profile and posted content from view, but as noted in the User Content section, some licenses and content may survive, for example if your content was shared by others or retained in backups.

By Us. Cheeky-Fit Inc. may, at its sole discretion, suspend or terminate your account or ability to use the Service at any time, for any or no reason, with or without notice. For example, we may suspend or terminate an account that we determine has violated these Terms, including for prolonged inactivity, or for behavior that we deem harmful to the community or the company, or if required by law or court order. We may also remove any content you have contributed at any time, for any reason.

Effect of Termination. Upon any termination of this agreement: the rights and licenses granted to you hereunder will immediately cease; you must stop using the Service and delete any copies of the app or materials from Cheeky Fit in your possession; and your accrued obligations and rights, including our rights to any User Content you submitted, and your indemnification obligations, disclaimers, and limitations of liability, will survive the termination. Termination of your account or access is in addition to any other remedies we may have at law or equity.

Cheeky-Fit will not be liable to you or any third party for termination of your account or access to the Service. If your account is terminated due to a breach of these Terms or illegal wrongdoing, you are not entitled to any compensation or reimbursement for any unused services or content, and we may bar you from re-registering or using the Service in the future.

15. Privacy and Data Use

Your privacy is important to us. In addition to these Terms, please review our Privacy Policy, available on our website or app, which describes the information we collect and how we use and share it. By using Cheeky Fit, you consent to the collection, use, and sharing of information as set forth in our Privacy Policy and this section.

Data We Collect. We may collect various types of data from you when you use Cheeky Fit, including personal information, like your name, email, contact details, and profile information, content you provide, such as posts, messages, images, and usage data, such as how you interact with the app, device information, IP address, location if allowed, cookies, and more. We may also collect information from third-party sources if you integrate other services with Cheeky Fit.

How We Use Data. You agree that Cheeky-Fit Inc. may collect, store, process, and use your data to operate and improve the Service, to personalize your experience, for example content recommendations, and to communicate with you, such as sending service updates or promotional offers. We may also use your data for research and analytical purposes, and to enforce our Terms and prevent fraud or misuse.

Data Sharing and Resale. You acknowledge and consent that Cheeky-Fit may share your data with third parties in certain circumstances: for example, with service providers that help us run the platform, hosting, analytics, payment processing, and similar services; with other users to the extent you make data public or engage in transactions; or with law enforcement if legally required. Importantly, you also consent that Cheeky-Fit Inc. may sell or otherwise disclose certain personal and or anonymized data to third-party business partners, including retail partners, for their own use, such as for marketing, advertising, or other commercial purposes. Any such data sharing or resale will be done in compliance with applicable laws and regulations. If required by law, for instance under CCPA, we will provide you an opportunity to opt out of the sale of your personal information. Please review our Privacy Policy for more details on how to exercise such rights.

International Data Transfers. Given the global nature of Cheeky Fit, the data you provide may be transferred to or accessed by Cheeky-Fit Inc. and its service providers in countries outside of your home jurisdiction, including the United States. We will take steps to ensure appropriate safeguards are in place for such data transfers as required by law.

User Choices and Rights. Depending on your location, you may have certain legal rights regarding your personal data. For example, under GDPR for EU users these may include the right to access the data we hold about you, the right to correct or delete your data, and the right to object or restrict certain processing. Under CCPA for California residents, you have rights to know what personal data is collected, to request deletion of personal data, to opt out of sale of personal data, and to not be discriminated against for exercising these rights. Cheeky-Fit's Privacy Policy explains how you can exercise these rights, for example by contacting us at privacy@cheekyfit.com or using in-app settings, and how we verify requests. We will comply with such requests to the extent required by law.

Data Security. We implement security measures designed to protect your information, such as encryption in transit and authentication protocols, but no system is 100 percent secure. Therefore, we cannot guarantee the absolute security of your data. You acknowledge that you provide your personal information at your own risk. In the event of a data breach, we will notify affected users and authorities as required by law, but as noted in the Limitation of Liability section, Cheeky-Fit will not be liable for any damages that may result from unauthorized access to your data, to the maximum extent permitted by applicable law.

For further details on our data practices, please read the Cheeky Fit Privacy Policy, incorporated herein by reference. If you have any questions about your privacy or our data handling, you can contact us as outlined in the Privacy Policy or the Contact section of these Terms.

16. Miscellaneous Provisions

Entire Agreement. These Terms, along with any additional policies or guidelines we provide, such as our Privacy Policy and any community guidelines or feature-specific terms, constitute the entire agreement between you and Cheeky-Fit Inc. regarding your use of Cheeky Fit, and supersede all prior agreements, understandings, or representations, whether oral or written, relating to the same subject matter. Each of the provisions of these Terms operates separately. If any provision, or part of a provision, is held to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions of the Terms will remain in full force and effect, and the invalid or unenforceable part will be deemed modified so as to be valid and enforceable to the maximum extent permitted by law.

No Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver by Cheeky-Fit of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term, and any waiver must be in writing and signed by an authorized representative of Cheeky-Fit to be effective.

Assignment. You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without our prior written consent. We may freely assign or transfer these Terms and any of our rights and obligations at any time, for example, in the event of a merger, acquisition, sale of assets, or by operation of law. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights. No person or entity other than you and Cheeky-Fit, and permitted assigns, shall have any right to enforce any term of these Terms.

Relationship of Parties. You and Cheeky-Fit are independent contracting parties. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. You have no authority to make or accept any offers or representations on behalf of Cheeky-Fit.

Headings. Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.

Force Majeure. Cheeky-Fit will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond our reasonable control, including but not limited to acts of God, natural disasters, terrorism, civil disturbances, power or internet outages, labor disputes, or governmental actions.

Notices. We may provide notices or communications to you by email to the address associated with your account, by postal mail, or through postings on the Cheeky Fit platform. You consent to receive communications from us electronically. You are responsible for keeping your contact information up to date. Official legal notices to Cheeky-Fit must be sent to our registered agent or to the mailing address provided below, with a copy emailed to our legal department.

17. Contact Information & Legal Notices

Cheeky-Fit Inc. is headquartered in the United States at:

Reporting Violations. To report any abuse or violations of these Terms, or if you have any questions or concerns about these Terms or the Service, please contact us at the above email.