Effective Date: January 31, 2026Last Updated: January 31, 2026
These Terms of Service (referred to as the "Terms") constitute a legally binding agreement between you (the "User") and fitwave.pro (the "Company", "we", "us", or "our"), governing your access to and use of our HTML5 game website, all content, features, and services available on or through the site (collectively, the "Services").
By accessing, browsing, or using fitwave.pro, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from using the Services. These Terms apply to all users, including guests and users who opt to create a profile on the site. Our Privacy Policy is incorporated into these Terms and forms an integral part of this agreement.
1. Eligibility to Use the Services
1.1 You must be at least 13 years of age to use the Services. If you are between 13 and the legal age of majority in your country/region of residence (the "Age of Majority"), you may use the Services only with the prior consent and supervision of your parent or legal guardian, who agrees to be bound by these Terms on your behalf.
1.2 If you are a parent/legal guardian of a user under the Age of Majority, you are responsible for all acts and omissions of such user in connection with the Services.
1.3 You represent and warrant that you have the legal capacity to enter into these Terms, and that your use of the Services complies with all applicable laws, regulations, and rules in your jurisdiction.
2. User Conduct and Responsibilities
2.1 You agree to use the Services only for lawful, non-commercial purposes, and in a manner that does not infringe the rights of, or harm, any third party or the Company.
2.2 You shall not engage in any of the following prohibited activities when using the Services:
Attempting to hack, modify, reverse-engineer, or gain unauthorized access to the Services, our servers, or any game content/ code
Manipulating game scores, leaderboards, or progress through cheating, bots, or third-party software
Uploading, posting, or transmitting any harmful, offensive, obscene, or illegal content through the Services (e.g., in feedback forms)
Impersonating the Company, our team, or other users
Using the Services to distribute malware, spam, or other malicious content
Interfering with the normal operation of the Services or disrupting other users’ gameplay experiences
Violating any applicable intellectual property laws (e.g., copying or distributing game content without permission)
2.3 You are solely responsible for any activity that occurs under your profile (if you create one) and for keeping your account credentials (e.g., password) secure. You agree to notify us immediately of any unauthorized use of your profile or any breach of security.
3. Intellectual Property Rights
3.1 All intellectual property rights in and to the Services, including but not limited to the website design, logos, text, graphics, and all HTML5 game content (excluding third-party game content licensed to us) are owned by the Company or our licensors, and are protected by international copyright, trademark, and other intellectual property laws.
3.2 Third-party game developers retain all intellectual property rights in their respective game content available on fitwave.pro. Such content is licensed to us for use on the Services, and you may not copy, reproduce, distribute, modify, or create derivative works of any game content without the express written permission of the relevant copyright holder.
3.3 You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes only, in accordance with these Terms. This license does not include any right to resell, rent, or lease the Services or any game content.
4. Modifications to the Services and Terms
4.1 We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice, for any reason (e.g., maintenance, updates, business changes). We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
4.2 We may update or revise these Terms from time to time, in our sole discretion. Changes to the Terms will be posted on this page with a revised effective date. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must cease using the Services.
5. Disclaimers of Warranties
5.1 THE SERVICES AND ALL GAME CONTENT AVAILABLE ON FITWAVE.PRO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
5.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.
5.3 WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT HOST THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5.4 WE DO NOT MAKE ANY WARRANTIES REGARDING THE GAME CONTENT, INCLUDING ITS QUALITY, ACCURACY, OR ENTERTAINMENT VALUE, OR THAT THE GAMEPLAY WILL MEET YOUR EXPECTATIONS.
6. Limitation of Liability
6.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF FUN, DATA, OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2 OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED $0, AS THE SERVICES ARE PROVIDED TO YOU FOR FREE.
6.3 This limitation of liability applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its directors, employees, contractors, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with:
Your violation of these Terms or any applicable laws, regulations, or third-party rights
Your use or misuse of the Services
Any content you submit or transmit through the Services
Any unauthorized use of the Services under your profile
8. Termination
8.1 We may terminate or suspend your access to the Services, in our sole discretion, immediately and without notice, for any reason, including but not limited to your violation of these Terms, fraudulent activity, or abusive behavior.
8.2 Upon termination, your right to use the Services will immediately cease. We reserve the right to delete any personal information or profile data associated with your account (if applicable) upon termination, in accordance with our Privacy Policy.
8.3 These Terms shall survive termination for any reason, including but not limited to the indemnification, limitation of liability, and intellectual property provisions.
9. General Provisions
9.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction - to be added], without regard to its conflict of law principles.
9.2 Dispute Resolution: Any dispute arising out of or related to these Terms or the Services shall first be resolved through good-faith negotiation. If negotiation fails, the dispute shall be submitted to binding individual arbitration in [Arbitration Location - to be added], and you waive the right to a jury trial or class action.
9.3 Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
9.4 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Services, and supersede all prior or contemporaneous agreements, understandings, or representations.
9.5 No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or our right to enforce it in the future.
9.6 Contact Us: If you have any questions, concerns, or requests regarding these Terms, contact us at [email protected].