Company Information
• Legal entity: Enjoy Media LLC
• Registration: United States of America
• Address: 1095 Sugarview Dr Ste 100, Sheridan, WY 82801, US
• Service name: Balance-rise
• Contact email: info@balance-rise.com
• Website: https://balance-rise.com/
Note: In this document, the terms "Company," "we," "us," "our" refer to the above legal entity. "Service" refers to the above service name, including the Website and all related services.
Before using any feature of the website or any products and services available through the Website, please take the time to carefully read and understand these Terms and Conditions (hereinafter – "Terms"), as these terms govern all relationships between you (hereinafter – "User," "You" or "Client") and us.
The Company makes no representations that the Service is available, suitable, or legally accessible for use in your jurisdiction, and access to and use of the Service is prohibited in territories where it would be unlawful. You access the Service at your own initiative and are responsible for compliance with local laws.
Please do not proceed with making any purchases on the Website if you have not carefully read and understood the provisions of these Terms, since each time you purchase something from us, these Terms will be considered a legally binding agreement between you and us, so it is important that you are fully informed of all the terms set forth herein.
The Website includes subscriptions that automatically renew. Please carefully read these terms of use ("Terms") before starting a trial version or completing a purchase of an auto-renewing subscription service on our Website.
To avoid charges, you must decisively cancel the subscription at least 24 hours before the end of the trial period or current subscription period.
When purchasing an auto-renewing subscription, you agree to the nature of automatic renewal and its terms defined near the place of purchase, and acknowledge that to avoid charges, you need to cancel the subscription.
Regardless of where you purchased the subscription, if you do not know how to cancel a subscription or trial version, contact our customer service on the website or by email.
Lack of registration in the personal account after payment or logging out of the personal account after registration does not cancel your subscriptions and trial versions of subscriptions (Trial Periods).
We also strive to provide information about our subscription policy at or near the place of purchase. Please review these rules before making purchases. You may print this information for reference.
Our privacy policies are detailed in our Privacy Policy. Please read it to understand how your personal information is collected, used, and shared.
1. ACCEPTANCE OF TERMS
1.1. These Terms govern the relationship between you and the Company regarding your use of the Service, including the Website, Telegram bot and related services ("Service"), including all information, text, graphics, software and services available for your use ("Content").
1.2. These Terms establish a legally binding contractual relationship between you and the Company. In this regard, CAREFULLY READ THE TERMS BEFORE USING THE SERVICE.
1.3. To create a profile and use certain features of the Service, you must be at least 18 years old. Users aged 14-17 may use the Service only under the supervision and with the consent of a parent or legal guardian who agrees to comply with these Terms. We do not guarantee that our Digital content and other Services will be suitable and useful for everyone, so before making any purchases on the Website, please individually assess whether the Service's services are suitable for you personally.
1.4. Also review our Privacy Policy. The Privacy Policy and other additional terms are expressly incorporated into this document by reference.
1.5. Any translation from this language version is provided solely for your convenience. In case of discrepancies, this language version shall prevail.
1.6. To the extent permitted by applicable law, we may modify these Terms. We will notify you of material changes as required by applicable law.
1.7. If you do not agree with the changes, stop using the Service, delete your account or cancel your subscription before the effective date of the changes. By continuing to use the Service after the changes, you accept the updated Terms.
2. User Information
2.1 If you wish to use the Service's services, you must meet the following requirements:
a) You have reached the legal age to enter into remote contracts in accordance with the laws of your place of residence. The Website and any Service program are designed and intended for use by adults only. Users aged 14-17 may use the Service only under the supervision and with the consent of a parent or legal guardian who agrees to comply with these Terms
b) You have read these Terms and agree to comply with them.
c) You must provide us with your correct contact details, payment and other information necessary for the Service to function.
d) You use a credit/debit/bank card or other payment method that belongs to you, or the card/other payment method owner has authorized you to use the card, and such permissions have been issued in the form required at your place of residence.
2.2 To use all the functionality of the Website, Services and Digital content of the Service, you may be required to provide your personal data, such as your age, preferences, expectations and aspirations regarding what you would like to achieve. Please note that we will be able to provide you with high-quality personalized services only if you provide us with truthful information.
2.3 By agreeing to these Terms, you acknowledge that you understand that the Services cannot be refused after they have been provided to you. Services are considered provided to you from the moment you receive access to the Website's personal account or activate the Telegram bot and log into it. However, you may cancel your subscription at any time, and if you do, we will not renew your subscription and will stop charging for subsequent periods.
2.4 Please note that this Website, our Services, any digital content you receive from us, may only be used for your personal needs. You do not have the right to use the Website's content, digital content or our Services for resale, distribution, rental or any other type of commercial use.
2.5 You do not have the right to use the Website or our Services for any unlawful or unauthorized purposes and do not have the right to violate any laws when using the Service. All content of the Website and the content of all materials received from us (including graphic drawings and other content) and corresponding parts belong to the Company and are protected by copyright laws. Any use of any copyrights for purposes other than personal use of Our Services, without a license from the Provider, constitutes copyright infringement.
3. Prices for Our Services and Payment Methods
3.1 The Service provides Clients with access to various digital content developed under license according to users' needs and preferences, to daily personal workouts and exercises, an information database of tips, video tutorials for performing exercises, practice guides, tips, support, access to a Telegram group for subscribers only (hereinafter – "Services"). The content of the Website and Services may change from time to time, as we constantly update and improve them.
3.2 Please note that all our Services are provided only in the form of digital content. Accordingly, our Services are considered provided to you from the moment of your first login to your personal account and/or activation of the trainer bot in Telegram. Some features of the Service may be offered by subscription for a certain fee. You can purchase a subscription directly from the Company
3.3 Please note that our personalized Services are prepared and provided in accordance with the information you provide to us. For this reason, we ask you to provide only accurate and truthful information about yourself. If you do not provide accurate information, we will not be able to provide you with personalized Services that would suit you and your needs. Personalized plans and other Services received from us are suitable only for you, as they will be created in accordance with your personal information.
3.4 Our Services are not intended to diagnose, treat, mitigate or eliminate any diseases or health conditions.
3.5 You can use our Services by purchasing a "Services" tariff plan, which is billed every 1, 3, or 12 months. You authorize us to charge the appropriate fees from the payment method you provided. Currently, you can use all the Service's services by purchasing one of the following tariff plans:
- monthly billing, after placing an order you will be charged the full amount for the selected billing period. At the end of this prepayment period, you will be automatically charged for the subsequent period of the same duration as your initially chosen payment or when registering for a trial subscription period, after its expiration you will be charged the full amount for the selected billing period
- billing every 3 months, after placing an order you will be charged the full amount for the selected billing period. At the end of this prepayment period, you will be automatically charged for the subsequent period of the same duration as your initially chosen payment or when registering for a trial subscription period, after its expiration you will be charged the full amount for the selected billing period
- annual billing, after placing an order you will be charged the full amount for the selected billing period. At the end of this prepayment period, you will be automatically charged for the subsequent period of the same duration as your initially chosen payment or when registering for a trial subscription period, after its expiration you will be charged the full amount for the selected billing period
Automatic subscription renewal. By subscribing to certain subscriptions, you agree that your subscription may be automatically renewed. If you do not cancel your subscription, you authorize us to charge you for the renewal term. The automatic renewal period will be the same as your original subscription period, unless otherwise indicated to you in the Rules. The renewal cost will not exceed the cost of the immediately preceding subscription period, except for any promotional (introductory) and discounted prices, unless we notify you of a rate change before automatic renewal.
3.6 Each plan will provide you with access to an online system containing digital content and services. All plans, Service practices may be accompanied by video tutorials, guides and tips. To the maximum extent permitted by applicable law, we may change the Purchase fee at any time. We will notify you in advance of any such price changes by posting new prices on the Website and/or sending you notification by email or other prominent means. If you do not wish to pay the new fees, you may cancel the relevant subscription before the changes take effect and/or refrain from prepaying for access to the Service.
3.7 On the Website's checkout page, you may see different prices if your state applies a special sales tax that may be added to the total cost by law.
3.8 Please note that we will never apply any conversion rates or fees dependent on your chosen payment method. However, some banks apply conversion rates for outgoing payments and international transfers – thus, we are not responsible for any bank fees or conversion rates that your bank would apply to any payment made to Us. If you notice any differences between product prices on our website or purchase receipt and your bank account statement, please contact your bank for a detailed explanation of additional charges.
3.9 We accept payments only by credit and debit cards. We do not accept checks, cash or other means for payment.
3.10 Trial subscription. We may offer a paid trial subscription to the Service. The trial version provides you access to the Service for a specific period of time, the details of which are specified when subscribing to the offer. If this is not the case, you will purchase our subscription without a trial version.
3.11 Free or paid trial version We may offer a free or paid (for a small fee) trial subscription to this service. If you do not cancel your subscription before the end of the trial period, you will be automatically charged the amount indicated on the payment screen and/or in the Apple/Google payment pop-up window for the selected subscription period. Please note: if a trial version is offered, this will be clearly indicated on the pricing screen before checkout. If this is not the case, you will purchase our subscription without a trial version. We may also offer discounted offers from time to time that renew at full price without discount, as well as other offers that may be of interest to you.
3.12 The subscription renews automatically at the end of each period (every week, month, 6 months, year or otherwise, depending on the option you selected at purchase), until you cancel it.
3.13 Payment method. Payment will be charged using the payment method you specified at the time of purchase when confirming payment (after you confirm this using touch identification, face recognition or entering payment method data online or otherwise accepting the subscription terms presented on the website payment screen or Apple/Google pop-up screen or on our web page) or after the end of the trial period. You authorize us to charge the appropriate subscription fee from the payment method you use.
3.14. The cost of individual courses provided by the Service may vary from $0.99 to $99.99 per course, depending on the specific offer and page (landing page) from which the purchase is made.
3.15. The cost of a subscription to Service services may vary from $9.99 to $999.00, depending on the selected tariff plan, duration of access and landing page from which the subscription is registered.
3.16. The current price is always indicated on the checkout page and confirmed by the User before payment.
3.17. All prices are indicated in US dollars (USD). The Company reserves the right to change the cost of services and subscriptions, notifying Users by publishing updated terms on the website or on the checkout page.
4. Discount Policy
4.1 From time to time we may offer special discounts to tariff plan prices. We may offer you a discount if:
(a) You are using our Services for the first time, you may be entitled to a discount on your first plan purchase from us; and/or
(b) You provide us with your email address and agree to receive our newsletter.
4.2 Current discounts may change from time to time. We will provide more detailed information about the discount amount whenever we announce its provision.
4.3 We reserve the right to launch and cancel our discount programs, as well as change discount amounts at any time, except when a specific discount announcement indicates a specific period or time until the discount is available, in which case we will provide the discount for the period specified in the announcement.
4.4. The User has the opportunity to purchase a course at full retail price (up to $99.99), or take advantage of a special offer and purchase the same course at a promotional price (in the range from $1.99 to $99, including options, for example, $4.99).
By purchasing a course at a promotional price, the User may receive access to a Service subscription with a free trial period (lasting from 3 to 30 days, unless otherwise specified on the landing page).
At the end of the trial period, the subscription automatically renews for the next paid period, with the subscription cost varying from $9.99 to $999.99 depending on the tariff plan and landing page from which the order is placed.
The User may cancel the subscription at any time through the personal account or, if necessary, by contacting support. Cancellation is carried out without penalties or restrictions.
By placing an order at a promotional price, the User confirms their agreement to the subscription terms, including automatic renewal after the end of the trial period.
5. Subscription Cancellation
Your subscription renews automatically at the end of each period until you cancel it. Please note that deleting/blocking the Telegram bot or logging out of the personal account on the website does not cancel your subscriptions.
5.1 If you wish to cancel your subscription to your tariff plan, you can do so in your personal account on the website or by contacting our customer support service and informing us of your decision to cancel the subscription. Your cancellation takes effect upon expiration of the plan you subscribed to and have already paid for.
5.2 If you do not want the Services to renew automatically, please cancel your subscription in your personal account or inform us of your decision to cancel the subscription at least 24 hours before the end of the current billing period, in which case the Services will be terminated upon expiration of the current term, and you will not be charged for subsequent periods.
5.3 Please keep in mind that if you cancel your subscription, we will not refund money for past periods during which you used the Services or had the opportunity to use Them. For more information about refunds, please refer to the section below. You must cancel your subscription in accordance with the cancellation procedure disclosed to you for a specific subscription.
5.4 Cancellation of subscription trial period. If you do not cancel your subscription before the end of the trial period or unless otherwise specified, your access to the Service will be automatically continued, and payment for renewal of access to the Service will be charged. Except where inapplicable or prohibited by law, we reserve the right at our discretion to modify or terminate any trial offer, your access to the Service during a trial subscription, or any of these terms without prior notice and without any liability. We reserve the right to limit your ability to use multiple trial versions.
5.5 The term of the Service and your rights to use it expires at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without prior notice).
5.6 If you decide to cancel your subscription and inform us of this, your subscription and account will be terminated upon expiration of the subscription term you have already paid for. If you wish to close your account immediately, please inform us of this, and your account will be closed immediately, however we will not refund money for subscription months that have already been paid for services, except in cases described in paragraphs 5.3 and 6.2.
6. Refunds
We make refunds in accordance with legislation and our Terms, which may be published from time to time.
Please note that after your subscription expires, we will not be able to refund you, as the service will be considered used in full
6.1 Since our Services are provided only in the form of digital content, we do not refund money if you have accessed your personal account and decided to cancel your subscription. Once you cancel your subscription, we will stop charging the regular subscription fee, but will not refund money for already paid periods. You agree that a Purchase is final, that the Company will not refund any transaction after it has been completed, and that a Purchase cannot be canceled. By making a Purchase, you acknowledge and agree that not all Purchases are refundable.
The Company does not provide refunds or reimbursements. Exceptions are possible only in cases expressly provided by these Terms and exclusively to the extent mandatory under applicable law.
6.2 Refunds for Courses and Subscriptions
• Courses. The User has the right to a refund for a purchased Course within 14 (fourteen) calendar days from the date of payment, provided that the User submitted a refund request during this period. After 14 days, refunds for Courses are not possible.
• Subscriptions. All subscriptions to the Service (including, but not limited to: PLUS, PRO, subscriptions to ZOOM sessions and live broadcasts, subscriptions to trainer bots in Telegram) are non-refundable. Payment for a subscription is considered final and is not refundable after it is made. In case of subscription cancellation, further charges stop, but amounts paid for an already started or paid period are non-refundable.
• Upsells and additional purchases. All purchases made after the main checkout (for example, upsells, additional materials, special offers) are final and non-refundable.
6.2.1 Payments for subscriptions are non-refundable regardless of the fact of using, partially using, not using the Service or changing your personal plans.
6.2.2 Paid subscription periods, including auto-renewals, are not subject to partial or proportional refund.
6.2.3 Price changes, promo period, content assortment, temporary unavailability of individual functions (<24 hours) are not grounds for refund.
6.2.4 Upsells/additional purchases (goods/services purchased at steps after the main checkout) are final and non-refundable.
6.2.5 Exceptions: duplicate charge or technical error of the payment system in the absence of access — upon our confirmation are canceled/returned to the original payment method.
6.2.6 If a Course is purchased together with a trial subscription, a refund for the Course within 14 days does not affect the subscription terms; upon approval of a refund for the Course, we terminate access to the Course and cancel the auto-renewal of the trial subscription if its payment has not yet occurred.
However, you are entitled to a refund if you have not received visible results from our programs, provided all of the following conditions are met:
you contact us within 30 days of your initial purchase and before the end of the subscription period
you followed our program for at least 21 consecutive days within the first 30 days after purchase (for monthly and longer subscription periods, as well as trial subscription periods), and also received feedback from a curator and/or trainer (educator) and personal recommendations, provided timely submission of a report or timely asked question to a curator and/or trainer (educator)
You can demonstrate that you followed the program in accordance with the requirements specified above by providing screenshots from your personal account confirming that you completed at least 21 workouts/meditations or other classes (for monthly and longer subscription periods, as well as trial subscription periods)
Please note that a refund under the Money-Back Guarantee is possible only if the above requirements are met. For clarity, this Money-Back Guarantee does not apply to other cases.
We will review your application and notify you (by email or otherwise) whether it has been approved.
6.3 We can make a refund only by the same payment method that you used to pay for our Services. We will not refund by any other payment method different from the one you used to pay for your subscription.
7. Personal Data and Contacts
7.1 To protect your personal information, we take reasonable precautions and follow best industry practices to ensure that it has not been improperly lost, misused, accessed, disclosed, altered or destroyed.
7.2 Your personal information may be used to assist us in our research and further development of Services. Additionally, we are permitted to collect and use information you provide to us when using our Services. However, under no circumstances will we use your image or any personal data for purposes other than developing our products and services.
7.3. If you decide to leave us your feedback, you agree that we will be allowed to display it on our website for 5 years after receiving it from you. We will not indicate your real name or will only indicate your initials in the feedback, unless you specifically instruct us that we may indicate your full name.
7.4 Please keep in mind that we may contact you by phone or email if we need to confirm any details of your order or if your order request was not successfully processed for technical reasons. If your order was not completed due to payment processing errors or other reasons, we may send you a text message or email reminding you to perform the necessary actions or we may contact you by phone if you provided us with your phone number.
7.5 We guarantee that all personal data will be collected and processed in accordance with all applicable laws. To learn more about how we use and process personal data, please review our Privacy Policy.
8. Rules of Conduct
8.1 You do not have the right to use our Services and/or Website for any unlawful or unauthorized purposes, or to violate any laws when using the Website. All content of the Website and all materials received from us, as well as corresponding parts of the Website, belong to the Company and are protected by copyright laws. Any use of any copyrights for purposes other than personal use, without our license, constitutes infringement of our copyright or other intellectual property rights.
8.2 We have the right, but not the obligation, to investigate any unlawful and/or unauthorized use of the Website and take appropriate legal action, including, but not limited to, civil measures and injunction, if we have reason to believe that you are violating these Terms or applicable law. When using the Website, you must:
(a) Not use the Website or any of its content for any unlawful purposes or in violation of any local, state, national or international law;
(b) Not violate or encourage others to violate third party rights, including intellectual property rights;
(c) Comply with all rules posted on the Website;
(d) Not transfer, legally or actually, your registered account to any other person without our written consent;
(e) Provide us with honest and accurate information;
(f) Not use the Website or any of its content for any commercial purposes, including distributing any advertising or soliciting;
(g) Not reformat or reflect any part of any web page of the Website;
(h) Not create any links or redirects to the Website through other websites or emails without prior written consent given by us;
(i) Not make any attempts to interfere with the proper functioning of the Website or use of the Website by other users;
(j) Commercial resale, distribution or transfer of any Products you purchase from us is prohibited;
(k) Do not interfere in any way with the security-related functions of the Website;
(l) Do not access, track or copy any content or information of the Website using any robots, spiders, scrapers or other automated means or any manual processes for any purposes without our direct written permission;
(m) Do not indicate false affiliation, access other users' accounts without permission or falsify your identity or any information about you, including age or date of birth;
(n) Do not engage in any other activities that would contradict these Terms or applicable law.
8.3 We have the right to immediately terminate your Subscription without refund and/or restrict your access to the Website if we have reason to believe that:
(a) You do not meet the requirements specified in section 2.1 of these Terms above;
(b) You have violated any provision of section 8.1 of these Terms above;
(c) You use the Website or any of its content in any other unlawful manner or cause harm to the Website or other Website users.
8.4. By using the Service, you represent and warrant that:
you have legal capacity and agree to comply with these Terms;
you are 18 years old;
you will not access the Service by automated or non-human means, whether through a bot, script or otherwise;
you will not use the Service for any unlawful or unauthorized purposes;
and your use of the Service will not violate any applicable laws or rules.
If you provide any information that is untrue, inaccurate, outdated or incomplete, we have the right to refuse any current or future use of the Service (or any part thereof).
8.5 You do not have the right to access the Service or use it for any purposes other than those for which we provide the Service. The Service cannot be used for any commercial purposes, except those specifically permitted or approved by us.
8.7 As a user of the Service, you agree not to:
systematically obtain data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission;
make any unauthorized use of the Service;
make any modifications, adaptations, improvements, additions, translations or derivative works from the Service;
use the Service for any revenue-generating purposes, commercial enterprises or other purposes for which it is not intended or designed;
make the Service available through a network or other environment providing access or use by multiple devices or users simultaneously;
use the Service to create a product, service or software that directly or indirectly competes with the Service or in any way replaces it;
use any confidential information or any of our interfaces or other our intellectual property in designing, developing, manufacturing, licensing or distributing any applications, accessories or devices for use with the Service; bypass, disable or otherwise interfere with security-related features of the Service;
engage in unauthorized framing or linking to the Service;
interfere, disrupt or create excessive load on the Service or networks or services connected to the Service;
attempt to bypass any Service measures designed to prevent or restrict access to the Service or any part thereof;
upload or distribute in any way files containing viruses, worms, trojans, corrupted files or any other similar software or programs that may harm someone else's computer operation;
use, run, develop or distribute any automated system, including, but not limited to, any spider, robot, cheat utility, scraper or offline reader that accesses the Service, or use or run any unauthorized script or other software;
use the Service to send automated requests to any website or to send unsolicited commercial emails;
denigrate, tarnish or otherwise harm, in our opinion, us and/or the Service;
use the Service in a manner inconsistent with any applicable laws or rules; or otherwise you violate these Terms.
8.8 When communicating with our customer support representatives, we ask you to maintain respectful and kind behavior. If your behavior towards any of our customer support representatives or other employees at any time is perceived as threatening, harassing or abusive, we reserve the right to immediately terminate your account, as well as terminate the dialogue.
9. Disclaimer
9.1 Nothing on this website is intended to replace professional medical advice, diagnosis or treatment. we are not a medical organization and do not provide any services that could treat or mitigate any diseases.
the company does not offer or provide any medical advice, medical insurance or other medical services, including, but not limited to, any consultations, testing, evaluations, prescriptions, procedures or therapies related to training, nutrition, weight loss or mental health, health or related to avoiding, preventing, diagnosing or treating any injuries, illnesses, diseases or conditions (collectively — "medical services").
the service may not be suitable for all persons (including any recommendations and any information available through the services, which may be personalized) and is not a substitute for professional medical services. the service is intended only as a tool that may be useful in achieving your goals in general health, fitness and natural beauty. you acknowledge that your nutrition and training are associated with risk, which may be related to the risk of bodily injury or death, and that you accept these risks. before accessing or using the service, you agree to release the company from any actions, known or unknown, arising from your use of the service.
our main priority is ensuring your well-being while achieving your goals. we encourage you to exercise responsibility and be guided by common sense when using our service.
9.2 Always seek advice from your doctor or other qualified healthcare provider regarding any questions you may have about a health condition or treatment, and never ignore professional medical advice or delay seeking it because of something you read on this website. you use this website and any information contained on it solely at your own risk, and we are not responsible for any losses or damages caused, including, but not limited to, indirect, special, incidental or punitive damages to personnel or computer equipment, incurred as a result of using this website, information contained or offered on it, or any errors or omissions contained in such information. all clients using our services agree to assume full responsibility for any results obtained from using the services. you should consult with your doctor or other qualified medical professional to determine whether the service will be safe and effective for you. you are strictly prohibited from accessing or using the service during medical consultation or if it may present any health risk. in this context, you acknowledge that you are fully responsible for your health, life and well-being, as well as the health, life and well-being of your family and children (born and unborn, if applicable), and all decisions made now or in the future. to the maximum extent permitted by applicable law, you expressly agree that we do not provide medical advice through the service. all content provided through the service, provided by us or third parties (even if they claim to be a doctor), is not intended and should not be used instead of:
advice from your doctor or other professionals,
visiting, calling or consulting with your doctor or other healthcare professionals, or
information contained on any product packaging or label. We are not responsible for any health problems that may result from training programs, consultations, products or events you learn about through the service. if you have health-related questions, immediately call or see your doctor or other medical professional. if you have an emergency, immediately call your doctor or local emergency service.
using the service does not represent or create between you and the company a doctor-patient relationship, therapist-patient or other professional healthcare relationships. in addition to all other limitations and disclaimers contained in these terms, the company disclaims any liability or damages in connection with content provided in the service. you are advised to consult with your doctor and other relevant professionals regarding information contained in the service or accessed through the service.
the company bears no responsibility for inaccuracies or misrepresentations regarding your understanding of courses, exercises or other service content. you must carefully study all information provided on the platform, and if questions arise, consult with our trainer or curator.
by using our virtual coaching services, you gain access to specialized content that provides guides on face gymnastics and fitness/pilates, as well as other products and services of the platform. please note that this guide is not intended for medical advice or any other kind of medical services. it does not diagnose, does not treat any diseases, nutritional or health, and does not offer advice on such issues. it is important to understand that you alone are responsible for any interaction with the provided guides.
9.3 Each person's body is different, so we do not provide any guarantees that our Services will be suitable and effective specifically for you, as this largely depends on your physical and personality aspects. We can personalize plans offered to you based on information received during the onboarding process. We make every effort to achieve your individual fitness and health goals, but do not provide any guarantees that our personalized plans and offers are based on all information received during onboarding, and are designed uniquely. We strive to ensure that our personal recommendations are accurate and useful. They are not intended to replace professional advice and should be used at your own discretion. We do not provide any guarantees regarding the level of success you may experience, and you accept the risk that results will vary for each person. Testimonials and examples that may be provided in the Service are exceptional results that do not apply to the average person (unless otherwise stated), and are not intended to represent or guarantee that anyone has achieved the same or similar results, unless stated directly otherwise. There is no guarantee that examples of past results can be duplicated in the future. We cannot guarantee your future results and/or success. We also cannot guarantee that you will maintain the results obtained if you do not continue to follow our programs. Each person's health and training results depend on their history, dedication, desire and motivation. As with any health-related programs or services, your results may vary and will be based on many variables, including, but not limited to, your individual capabilities, life experience, unique health and genetic profile, starting point, expertise and health level. Use of the Service should be carried out at your own discretion, and you agree that the company is not responsible for any success or failure of your physical condition, which is directly or indirectly related to the purchase and use of the Service.
9.4 The Website may contain links to other websites maintained by third parties. Any information, products, software or services provided on or through third-party sites are controlled by the operators of such sites, not by us or our subsidiaries. Accessing third-party sites, you do so at your own risk.
9.5 We respect the privacy of our clients, so all reviews and/or comments posted on the Website may contain fictitious names and associative pictures. The identity of consumers is known to us, but we will never display the real names of our users, except when the user gives their consent to display their name and/or image.
9.6 Unless otherwise stated, this Website is our property, and all source code, databases, functionality, software, design, texts, photos and graphic images on the website belong to us or are controlled by us and are protected by copyright and trademark laws. It is prohibited to copy or use any content of the website without prior written permission from us.
9.7 Services offered on or through the website are provided "as is" and without any warranties, express or implied. to the maximum extent possible permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
9.8 We do not guarantee that the website or any of its features will operate uninterruptedly or without errors, that defects will be corrected or that any part of this site or servers that make the site available are free from viruses or other malicious components. we categorically disclaim liability for any damage caused by any malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, alteration or use of record, whether as a result of breach of contract, wrongful conduct, negligence or for any other cause of action. each user specifically acknowledges that we are not responsible for discrediting, offensive or illegal behavior of other third parties, subscribers, participants or other website users and that the risk of harm as a result of the above lies entirely with each user.
9.9 Any information presented on the Website is solely for informational and entertainment purposes and cannot be used as a health recommendation. The Website should not be used in any high-risk activities where in case of error damage may be caused to people, property, environment, finances or business. You assume all risks associated with using information presented on the Website.
9.10 We have made every effort to display colors and images of all materials presented on the Website as accurately as possible. However, we cannot guarantee that the display of any color on your computer monitor will be accurate, or that any display of any product or service on the Website will accurately reflect the actual properties of the product or service that you may find on the Website.
10. Indemnification
10.1 You agree to indemnify, defend and hold harmless us and our affiliates, as well as respective officers, directors, owners, agents, information providers and licensors from any claims, liabilities, losses, damages, costs and expenses (including attorney fees) in connection with:
(a) your use of Our website or connection to it;
(b) Any use or alleged use of Your account or Your account password by any person, whether authorized by You or not;
(c) Content of information provided by You to Us;
(d) your violation of the rights of any other natural or legal person;
(e) your violation of any applicable laws, rules or regulations.
10.2 We reserve the right at our expense to assume defense and control over any matter that would otherwise be subject to indemnification from you, and in such case you agree to cooperate with us in defending such claim.
10.3 You agree to indemnify and hold harmless the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, as well as officers, directors, employees, agents and representatives of each of them from liability, including expenses and expenses for attorneys. fees, any claims or demands made by any third party in connection with or as a result of
your use of the Service or Products,
your User content or
your violation of these Terms.
10.4 The Company reserves the right at your expense to assume exclusive defense and control over any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense on these claims. You agree not to settle any matters without the prior written consent of the Company. The Company will make reasonable efforts to notify you of any such claims, actions or proceedings as soon as they become known to you.
11. Limitation of Liability
11.1 Under no circumstances shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injuries, health problems, illness, physical problems, losses, claims or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, data loss, replacement costs or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any of for the service or any products purchased using the Services, or for any other claims in any way related to your use of the Services, including, but not limited to, any errors or omissions in any content, or any losses or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted or otherwise made available through the Services, even if you were warned of their possibility.
11.2 If You are dissatisfied with the Website, any materials, products or services presented on the Website, or any terms of use of the Website, your sole remedy is to stop using the Website.
11.3 Under no circumstances shall we (and our affiliates) be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms or your use or inability to use, the service (including the application or content) and products or third-party advertising, even if we were warned of the possibility of such damage. access and use of the service (including the application, content and user content) and third-party advertising are carried out at your own discretion and risk, and you are solely responsible for any damage to your computing system or loss of data obtained from it.
11.4 Notwithstanding anything contained herein, you agree that the company's aggregate liability to you for any claims arising from use of the application, content, service or products is limited to the amount paid by you to the company. For accessing and using the service. The damage limitations set forth above are fundamental elements of the basis of the terms between the company and you.
11.5 If you are a California resident, you hereby waive Section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor or releasing party does not know or suspect exist in their favor at the time of executing the release and which, if known to them, would materially affect their settlement with the debtor or released party."
11.6 Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damage, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary by jurisdiction. If one or any aspect of the limitations set forth above does not apply, all other aspects remain in force, even if any remedy is not applicable.
12. Intellectual Property
12.1 All intellectual property rights, including, but not limited to, trademarks, copyrights, domain names, database rights, design rights, patents and all other rights to any creations of any kind, whether registered or not ("Intellectual Property") on the Website, are protected by the Digital Millennium Copyright Act.
12.2 You do not have the right to copy, repurpose or distribute any Intellectual Property or any other content received from us or found on the Website for any purposes without our direct written permission. Without limiting the foregoing, use of our content for commercial purposes is prohibited unless you have our direct written permission.
12.3 All intellectual property posted on the Website or provided to you in any other form belongs to the Company, except for third-party trademarks, service marks or other materials that we use. None of such Intellectual Property Objects may be used without prior written consent from us or the third party that owns such Intellectual Property.
12.4 If you notice that any third party is using the Company's Intellectual Property on their sites, please report such cases to our customer support service.
13. Governing Law and Disputes
13.1 If you have any complaints regarding the Website, fees, refunds, quality of Services or anything related to using the Website, You must first contact our customer support service by email before taking any action through third parties. Please note that by agreeing to these Terms, you expressly agree not to request any refunds from your bank or credit card operator without first contacting us and without giving us the opportunity to settle any issues you may have.
13.2 All complaints or claims provided by you must be processed within 30 days of receipt. We always make every effort to positively resolve a complaint or claim. When contacting us with your complaints, you must always identify yourself by the same first and last name that you provided to us when purchasing on the Website.
13.3 Legal relations between you and us are governed by US law, except when your local law excludes other jurisdictions in disputes related to consumers.
13.4 Any claim must be made in the personal capacity of the initiating party, not as a plaintiff or class member in any class action or other similar proceeding. arbitration proceedings.
13.5 Initial dispute resolution. We are always interested in resolving disputes amicably and efficiently. If you have a dispute with the Company, you agree that before taking any formal action, you will contact us by email, and provide a brief written description of the dispute and your contact information. The parties agree to make every effort to resolve any dispute, claim, issue or disagreement directly through consultation with the Company, and good faith negotiations will be a condition for either party. Participation in informal dispute resolution is a prerequisite that must be met before starting proceedings, and until informal dispute resolution is completed. The statute of limitations and any filing deadlines must be observed while the parties are engaged in the informal dispute resolution process required by this clause.
13.6 Waiver of class action and collective assistance. except for the terms defined in "batch arbitration", there shall be no rights or authority to hear any claims in arbitration or class, joint or consolidated court action or on grounds including claims filed in presumed representation of the general public, other service users or any other persons.
If we initiate proceedings against you, and you are a consumer, we will pay all costs associated with the proceedings (but not your attorney fees, if any).
The parties are responsible for paying their attorney fees unless otherwise provided by regulation and/or applicable law
If either party initiates a Dispute involving issues subject to adjudication in court, the court or arbitrator has the right to award reasonable costs, fees and expenses, including reasonable attorney fees incurred by the other party upon successful termination of proceedings. or termination, in whole or in part, of such other proceedings or otherwise ensuring compliance with this agreement.
Discovery. Each party may (a) request relevant non-privileged documents from the other party; and (b) require the other party to provide details about their claims or objections. Any such disclosure requests must be served on the other party within 10 days.
14. Miscellaneous
14.1 If any provision of these Terms is found to be unlawful, void or unenforceable, such provision is nevertheless enforceable to the maximum extent permitted by applicable law, and the unenforceable part will be deemed severed from these terms of service, such determination will not affect the validity and enforceability of any other remaining provisions. You may review the most recent version of the terms of service at any time on this page. We reserve the right at our sole discretion to update, modify or replace any part of these terms of service by posting updates and edits on our website.
14.2 No delay or omission on our part in exercising any of our rights arising from any non-compliance or non-performance by you of obligations under these Terms will violate any such right and will not be construed as a waiver thereof, and the Company's waiver of any of the agreements. terms or agreements that you must perform will not be construed as a waiver of any subsequent breach thereof or any other agreement, term or agreement contained herein.
14.3 In accordance with section 13, if any provision of these Terms is found invalid or unenforceable, these Terms will remain in full force and effect and will be modified to become valid and enforceable, while reflecting the parties' intentions to the maximum extent permissible. in accordance with law.
14.4 Unless expressly provided otherwise herein, these Terms constitute the complete agreement between you and the Company regarding their subject matter and supersede all prior promises, agreements or statements, written or oral, regarding such subject matter.
14.5 The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person in any way, including by novation, and by accepting these Terms, you give the Company consent to any such assignment and transfer. You acknowledge that posting a version of these Terms on the Service indicating another person as a party to the Terms constitutes valid notice to you of the transfer of the Company's rights and obligations under the Terms (unless expressly stated otherwise).
14.6 All information transmitted through the Service is considered electronic communication. When you communicate with us through the Service or using other forms of electronic means such as email, you are communicating with us electronically. You agree that we may communicate with you electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and will have the same force and effect as if they were drawn up in writing and signed by the party sending the communication. You also agree that such communication may be carried out using third-party providers that allow us to efficiently and securely manage and facilitate such electronic interaction. Recognizing the diverse and complex nature of our Service, you acknowledge that we engage third-party providers to provide a wide range of services that support and enhance our offerings. This may include, but is not limited to, transaction processing, as well as other operational, technical and logistical support functions. Our use of third-party service providers allows us to provide you with our Services more efficiently and effectively. You also acknowledge and agree that by clicking the "SUBMIT," "CONTINUE," "REGISTER," "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions represent your consent and intention to comply with these Terms. You hereby agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and transaction records initiated or completed through the Service.
14.7 Under no circumstances is the Company liable for non-compliance with these Terms to the extent that such non-performance is caused by factors beyond the Company's reasonable control.
15. Amendments
15.1 We reserve the right to make changes to these Terms at any time and at our sole discretion. Please check these Terms from time to time to ensure the existence of any new amendments. On this site we will post any announcements regarding any changes and additions that will be made to the provisions of these Terms. Amendments will not be retroactive and will apply from the date of publication.
15.2 To the maximum extent permitted by applicable law, we may change the subscription cost at any time. We will notify you in advance of any such price changes by posting new prices in or through the application and/or sending you notification by email or other prominent means. If you do not want to pay the new fees, you may cancel the relevant subscription before the changes take effect
16. Contact Information and Profile Registration
16.1 You may contact us at the details specified at the beginning of this Document
16.2. To use certain features of the Service, you may need to register your profile ("Profile") and provide certain information about yourself as suggested in the registration form.
16.3. If you register a Profile, you represent and warrant to the Company that:
- all necessary registration information you provide is true and accurate;
- you will maintain the accuracy of such information; and
- your use of the Service does not violate any applicable laws or rules or these Terms.
Otherwise, the Service may not work properly, and we will not be able to contact you and communicate important notices.
16.4. The Service is not intended for use by persons under 18 years of age. By using the Services, you represent and warrant that you are 18 years old and have the right, authority and capacity to enter into these Terms and comply with them. provisions and conditions of these Terms.
16.5. The Company reserves the right to suspend or terminate your Profile or your access to the Service with or without notice to you in case of your violation of these Terms.
16.6. You are responsible for maintaining the confidentiality of your Profile login data and are fully responsible for all activities occurring under your Profile. You agree to immediately notify the Company of any unauthorized use or suspicion of unauthorized use of your Profile or any other security breach. The Company cannot and will not be liable for any losses or damages arising from your failure to comply with the above requirements.
17. Governing Law and Venue
17.1 These Terms are governed in accordance with US law.
17.2 To the extent that any action concerning any dispute under this Agreement, for any reason, is not transferred to court, each party submits to the exclusive jurisdiction of US courts to resolve any disputes that may arise from or in connection with these Terms and that, accordingly, proceedings must be instituted in such courts.
17.3 The parties unconditionally submit to the personal jurisdiction and venue of US courts and waive any objections regarding improper venue or inconvenient forums
18. Additional Disclaimer of Warranties
18.1 Basic disclaimers of warranties. Except to the extent prohibited by law or otherwise not applicable, you expressly understand and agree that you use the service at your own risk, and the service and products are provided on an "as is" and "as available" basis. The Company or its affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, as well as any warranties on products or services offered by businesses listed in the service.
In particular, the released parties do not provide and expressly disclaim any warranties, among which:
The Service will meet your requirements,
The Service will be uninterrupted, timely, secure and error-free,
results that may be obtained from using the Service, including data, will be accurate and reliable,
the quality of any data or services available in the Service will meet your expectations, and
any errors in the service will be corrected.
Access to any material obtained using the Service is at your discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or data loss arising from the use of any such material.
We cannot guarantee and do not promise any specific results from using the Application and/or Service. You also agree to assume the risk of termination of the Service for any technical reasons.
18.2 No recommendations regarding the service. Any statement that may be posted on the Service is intended solely for informational and entertainment purposes and is not intended to replace or substitute for any professional financial, medical, legal or other advice.
The Company makes no representations and provides no warranties and, to the maximum extent permitted by law, expressly disclaims any liability related to your reliance on statements or other information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified professional
18.3 Changing information and website services. We may change all information provided in the Service at our sole discretion without prior notice.
We may at any time change or terminate, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice.
19. Service
19.1. You acknowledge that all text, images, signs, logos, compilations (i.e., collection, systematization and arrangement of information), data, other content, software and materials displayed in the Service or used by the Company to operate the Service (including the Application and Content, except for any User Content (as defined below), are the property of us or third parties.
19.2. The Company expressly reserves all rights, including all intellectual property rights, to all of the above, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other use is strictly prohibited. forbidden. The provision of the Service does not transfer to you or any third party any rights, titles or interests in such intellectual property rights.
19.3. Information you provide to us during registration, as well as any content, materials or information (including, but not limited to, any text, information, graphics, messages, photos, images and copyrighted works), questions, comments, suggestions, reviews or other content that you upload, send, email, display, perform, distribute, publish or otherwise transmit to us, at our request or at your discretion, in or through the Services (for example, bulletin boards, meal registration), regardless of whether it is related to your use of the Services or otherwise, and regardless of whether it is publicly published or transmitted to us privately through the Service ("User Content"), remains your intellectual property.
19.4. The Company does not claim any copyright on User Content. Notwithstanding the above, you agree to grant the Company a license in accordance with section 20 of these Terms. You also agree that the Company may retain copies of all registration information and User Content and use such information and User Content if reasonably necessary or related to the operation of the Service and as described in these Terms.
19.5. In accordance with these Terms, the Company grants you a non-transferable, non-exclusive license (without the right to sublicense) to
- use the Service exclusively for personal, non-commercial purposes and (b) install and use.
19.6. You agree, represent and warrant that your use of the Service or any part thereof will comply with the above license, agreements and restrictions and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties. Additionally, you agree that you will comply with all applicable laws, rules and regulations regarding the Service or its use, and will be solely responsible for your individual violations of any such laws.
19.7. You are solely responsible for obtaining the equipment and telecommunications services necessary to access the Service, as well as for all associated charges (for example, for computer devices and ISP services, as well as for airtime).
19.8. We reserve the right to make any changes to the Service (whether free or paid features) at any time, with or without notice. Except where prohibited by law (including the Australian Consumer Protection Act) or otherwise inapplicable, the Company is not liable to you or any third party for any modification, suspension or termination of any feature, component or content of the Company. If such changes affect your use of the Service, you may delete your account or cancel your subscription at any time.
19.9. You access and use the Service at your own risk. Except where prohibited by law (including the Australian Consumer Protection Act) or otherwise inapplicable, the Company is not liable for any damage to your computer system, data loss or other harm to you or any third party, including, but not limited to, any bodily injury arising from your access to or use of the Service, as well as from your reliance on any information or advice.
19.10. The Company is not obligated to provide you with any customer support. However, the Company may from time to time provide you with customer support at its sole discretion.
20. Trainer/Curator Services
20.1. As part of the Service, the Company may offer interactive trainer/curator/educator services that connect you with trainers/curators/educators and information that will help you achieve your goals ("Trainer/Curator Services").
20.2. If you have access to a Subscription, you will be able to interact with trainers/curators/educators.
20.3. The trainer/curator/educator will help you achieve your goals by providing motivational tools. To establish and maintain healthy habits, improve activity and fitness, you collaborate with them and define your goals. The Company may at its discretion hire or replace any trainer/curator/educator with another for Subscription users.
20.4. Trainer/curator/educator services are not medical, mental or any kind of healthcare. Trainer/curator/educator services do not offer healthcare services and are not intended to replace professional medical advice, consultations or treatment by qualified physicians. the company does not endorse any specific medical professionals, tests, products, procedures, opinions or other information that may be mentioned in coaching services. before using trainer/curator/educator services, it is important to consult with your doctor. in case of medical emergency, immediately contact your doctor or appropriate emergency service.
21. User Content
21.1. Granting a license. You hereby grant the Company, its sublicensees, successors and assign a free, perpetual, sublicensable, assignable, non-exclusive right and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, transmit, edit, reformat, create derivative works, distribute, receive revenue or other remuneration, communicate to the public, reproduce, display and otherwise use any User Content (in whole or in part) worldwide and/or incorporate User Content into other works in any form, on any medium or using technologies known now or developed later, for the entire term of any copyrights, trademarks and other intellectual and proprietary rights (collectively "Rights") that may exist in such User Content.
21.2. The license granted herein expressly excludes any personal data defined in accordance with applicable privacy laws and regulations.
21.3. You hereby represent and warrant that you own all rights, titles and interests in the User Content or are otherwise authorized to grant the rights granted to the Company in accordance with this section. You also warrant that to the extent you are not the exclusive holder of all rights to the User Content, any third party holder of any rights, including moral rights to such User Content, has fully and effectively waived all such rights and lawfully and irrevocably granted you the right to grant the license specified above. You also acknowledge that we, our successors and assignees have the right to unlimited use of User Content for any purposes, commercial or otherwise, without compensation to the supplier of User Content. Subject to the foregoing, the owner of User Content posted in the Services retains any Rights that may exist in such User Content. We are not responsible for preserving copies of any materials that we remove from our Services, and are not liable for any losses you incur if Content you post or transmit to our Services is deleted.
21.4. If you wish to revoke the granted license for specific User Content, contact us by email