#TERMS OF USE
Introduction
This document outlines the terms and conditions (the "Terms") governing the use of our subscription-based services. Before you initiate a trial or finalize any purchase, it's crucial that you thoroughly read and understand these Terms. To prevent any unexpected charges, you must proactively cancel your subscription at least 24 hours before the trial period or the current subscription cycle ends. If you are uncertain about how to cancel a subscription or trial, please refer to the support pages on Apple, Google Play, or other app stores, or visit our website depending on your purchase origin. Note that uninstalling the app does not automatically cancel your subscriptions. We aim to clarify subscription policies at or close to the point of purchase; reviewing these policies before making any purchase is advisable.
1. Acceptance of Terms
1.1 These "Conditions" set forth the rules of engagement between you and WOWBODY Inc. (the “Company”) with regard to your utilization of our digital services, which encompass our mobile applications, websites, and other related offerings (collectively referred to as the "Service"). This includes all content such as text, images, software, and other materials available through the Service.
1.2 By engaging with the Service, you are entering into a legally enforceable agreement with the Company. It is imperative that you carefully review these Conditions prior to use.
1.3 Our Privacy Policy, along with any additional terms, policies, or documents that we may post on the Service from time to time, are hereby explicitly included in these Conditions by reference. We reserve the right to alter or modify these Conditions at our sole discretion and at any moment.
1.4 Only the English language version of these Conditions is legally binding. Any translation provided is for convenience only, and in case of discrepancies, the English version will prevail.
1.5 We may update these Conditions periodically and post the revised version on our website. We may notify you of significant changes through various means such as email or on the Service. You are not entitled to specific notice of each change. Discontinuation of use is advised if you disagree with the updated Conditions. Continued use after changes indicates acceptance of the new terms.
1.6 If you do not consent to these terms, or if you are not authorized to enter into such agreements, you should not download or use the Service.
2. Important Disclaimers
2.1 WOWBODY Inc. does not provide medical advice, health insurance, or any other healthcare services. This includes but is not limited to, any counseling, testing, evaluation, prescription, procedure, or therapy related to exercise, nutrition, weight loss, wellness, mental health, or any medical condition.
2.2 The Service is intended only as a supplementary tool to assist in your health and wellness goals and should not be used as a substitute for professional healthcare services. It is important to understand that engaging in any diet or exercise program can carry risks, including the risk of physical injury or death, and you assume these risks by using the Service.
2.3 You should consult with a healthcare specialist before starting any new diet, exercise, or wellness program to determine if it is safe and appropriate for you. Do not use the Service against the advice of healthcare professionals.
2.4 The information provided through the Service is not intended to replace professional medical advice or treatment. The company doesn’t take any responsibility for any health issues that may arise from the use of our Service.
2.5 You acknowledge that the Service does not create a doctor-patient relationship or any other healthcare professional relationship between you and the Company.
2.6 Any information provided regarding dietary products or exercise routines is not endorsed or verified by us and should be independently verified with the manufacturers or providers.
2.7 Success in achieving health-related outcomes can vary greatly by individual, and we make no guarantees that you will achieve similar results as others may have reported.
2.8 It is your responsibility to assess the accuracy and reliability of health-related information provided through the Service, and we are not liable for any misinformation or inaccuracies.
2.9 Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the Service.
3. Profile Registration
3.1 To access specific features of the Service, you must create a profile ("Profile"), where you will need to provide certain personal information as indicated on our registration form.
3.2 When you establish a Profile, you confirm that all information you provide is accurate and truthful. You commit to maintaining the accuracy of this information. Your use of the Service is contingent upon adherence to these Conditions and applicable laws.
3.3 The Service is designed for users over 18 years of age. By creating a Profile, you certify that you meet this age requirement. Minors must have consent from a parent or guardian who agrees to these Terms on their behalf.
3.4 We reserve the right to suspend or terminate your Profile and access to the Service if you breach these Terms, with or without notice.
3.5 You are responsible for maintaining the confidentiality of your Profile credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your Profile or any other security breach.
4. Service
4.1 You acknowledge that all text, images, logos, data, and other content provided on the Service are proprietary to us or licensed to us and are protected by intellectual property laws.
4.2 We reserve all rights not expressly granted in these Terms, including intellectual property rights. Unauthorized use, redistribution, sale, decompilation, reverse engineering, or translation of any content is prohibited.
4.3 The Service, including all associated content, is provided on an "as is" and "as available" basis. You agree that your use of our Service is at your sole risk.
4.4 We do not guarantee that the Service will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service.
4.5 We are not liable for any damages or losses resulting from your access to, use of, or inability to use the Service.
4.6 The Service may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
4.7 If you breach any of these Terms, we may terminate your access to the Service without prior notice and without liability.
4.8 Your interactions with other users of the Service are solely between you and such users. You agree that we shall not be responsible for any loss or damage incurred as the result of such interactions.
4.9 Content and information found on the Service may not always reflect the most current legislation or developments in the law. We disclaim all liability for any errors or omissions in the content provided.
5. App Stores, Third Party Ads, Other Users
5.1 The availability of the App is dependent on third-party platforms such as the Apple App Store, Google Play Store, and other app marketplaces ("App Stores"). You agree that any interaction, agreement, or transaction with these App Stores is governed by the terms and conditions of the respective App Store.
5.2 You agree to comply with all relevant terms of service and other policies of the App Stores through which the App is downloaded. These App Stores and their subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them.
5.3 The Service may display advertisements and links to third-party websites or resources ("Third Party Ads"). We do not control or endorse any Third Party Ads and are not responsible for the availability or content of these ads. Any dealings you have with such third parties found through the Service are solely between you and the third party.
5.4 Interaction with other users of the Service is at your own risk. We are not liable for the conduct of any user and do not monitor disputes between you and other users.
5.5 If you access or use third-party services or advertisements, it's important to understand that your interactions are governed by the terms of the third party, not us. You should review the third party’s terms and policies before engaging in any transaction.
6. Subscription Fees and Payment
6.1 Certain features of the Service require payment before you can access them. You can purchase these services directly from us or through third-party app stores by paying a subscription fee as disclosed at the time of your purchase.
6.2 We reserve the right to modify the subscription fees at any time. We will provide you with reasonable notice of any changes in fees by updating the fee schedule on the Service or by other means of communication.
6.3 Your subscription payment will be processed by us or through third-party app stores. You authorize us and any third-party app store to charge your payment method for such subscription fees.
6.4 Subscriptions may auto-renew unless you cancel them. You agree that the subscription fee will be automatically charged at the beginning of each renewal period unless you cancel the service.
6.5 We may offer a trial period for our subscription services. If you do not cancel the service before the trial period ends, your subscription will automatically renew at the regular subscription rate.
6.6 If you wish to cancel your subscription, you must do so using the means provided in the Service's cancellation procedures. We do not provide refunds for any subscriptions that are cancelled mid-term.
6.7 In the event of non-payment, we reserve the right to suspend or terminate your access to the subscription services.
6.8 Any changes to the subscription terms will be communicated to you through the Service or other means, and continuing to use the Service after these changes will constitute your agreement to the new terms.
6.9 If you reside within the European Economic Area (EEA) or Switzerland, you automatically have the legal right to cancel contracts for service purchases. However, when you purchase an individual digital content item, such as a video or a PDF file, you acknowledge that access to this content is granted immediately, and as a result, you waive your right to withdrawal and are not eligible for a refund. By registering for our Service, which offers continuous access rather than single-item content, you explicitly consent to immediate service commencement. Should you decide to cancel, the amount refunded will be prorated based on the services provided until the time you notify us of your decision to cancel.
Exercising Your Withdrawal Right: If your right to withdraw is still intact, you have 14 days from the contract start date to exercise this right. To withdraw, you must contact us with a letter sent to the address: WOWBODY Inc., 24A Trolley Square #1354 Wilmington DE 19806-3334, or by email sent to: [email protected] — with a clear declaration of your decision (e.g., a letter sent by post or email). Ensure your withdrawal notice is sent within the 14-day period to meet the deadline.
Email Example:
Body:
I hereby notify of my withdrawal from the contract for the following service: [Service Name]
Received on: [Date]
My Name is [Your Name]
Address: [Your Address]
Signature: (required only if this form is submitted on paper)
Date: [Date]
7. User Representations and Restrictions
7.1 By using the Service, you affirm that:
a. You have the legal capacity and you agree to comply with these Terms.
b. You are not under the age of 18.
c. You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise.
d. You will not use the Service for any illegal or unauthorized purpose.
e. You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country.
f. You are not listed on any U.S. government list of prohibited or restricted parties.
g. Your use of the Service will not violate any applicable law or regulation.
7.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your current or future use of the Service (or any portion thereof).
7.3 You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
7.4 As a user of the Service, you are prohibited from:
a. Retrieving data or content from the Service to create or compile, directly or indirectly, any form of database or directory without our express permission.
b. Engaging in any use of the Service that is unauthorized.
c. Making modifications, adaptations, enhancements, or derivative works from the Service.
d. Utilizing the Service for any revenue-generating activities, commercial enterprises, or purposes other than its intended uses.
e. Allowing the Service to be used on a network or environment that enables multi-device or multi-user access that is not authorized.
f. Creating any product, service, or software that directly or indirectly competes with or substitutes the Service.
g. Using any proprietary information, interfaces, or other intellectual property of ours in the design, development, manufacture, licensing, or distribution of any applications, devices, or accessories.
h. Bypassing or disabling any security measures implemented in the Service.
i. Engaging in unauthorized framing of, or linking to, the Service.
j. Interfering with, disrupting, or creating an undue burden on the Service or the networks and services connected to it.
k. Deciphering, decompiling, disassembling, or reverse engineering any part of the software that constitutes or forms part of the Service.
l. Attempting to bypass any measures designed to prevent or restrict access to the Service or any part of it.
m. Uploading or distributing files that contain harmful software such as viruses, worms, or trojans that might damage the operation of another's computer.
n. Using, developing, or distributing any automated system — including spiders, robots, cheat utilities, scrapers, or offline readers — that accesses the Service, or launching unauthorized scripts or software.
o. Using the Service to send automated queries to any website or to send unsolicited commercial emails.
p. Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Service.
q. Using the Service in a way that is inconsistent with applicable laws or regulations.
r. Engaging in any activity that infringes upon the Terms of the Service or the legal rights of others.
8. Additional Disclaimer of Warranties
a. Basic Warranties Disclaimer.
PURSUANT TO APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ANY PRODUCTS ARE OFFERED ‘AS IS’ AND ‘AS AVAILABLE’. THE COMPANY AND ITS AFFILIATED ENTITIES, ALONG WITH THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, SPECIFICALLY DISCLAIM ALL TYPES OF WARRANTIES, WHETHER THEY ARE EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES REGARDING PRODUCTS OR SERVICES PROVIDED BY LISTED BUSINESSES ON THE SERVICE.
Specifically, the released parties do not provide and explicitly disclaim any warranty that:
i. the Service will fulfill your personal requirements,
ii. the Service will be consistent, timely, secure, or free from errors,
iii. the outcomes obtained from using the Service, including any data, will be precise or dependable,
iv. the quality of any data, products, or services obtained through the Service will match your expectations,
v. any errors in the Service will be corrected.
Any materials downloaded or otherwise obtained via the Service are done at your discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device, or for any data loss that occurs from downloading such materials.
No guarantees are made that you will achieve specific results from using the App and/or Service. You are also expected to assume the risk of possible interruptions of the Service due to technical reasons.
b. No Advice Provided on the Service
Statements made on the Service are for informational and entertainment purposes only and should not be considered a substitute for professional advice in financial, medical, legal, or other fields.
The Company does not endorse, nor does it guarantee the accuracy of information provided on the Service, and disclaims all liability, to the maximum extent permissible by law, regarding your reliance on such statements or other information. If you require expert advice for specific issues, you should consult with a duly qualified professional."
9. LIMITATION OF LIABILITY
9.1. UNDER NO CIRCUMSTANCES SHALL WE (AND OUR AFFILIATES) BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFIT, ARISING FROM OR RELATED TO EITHER THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP AND CONTENT), PRODUCTS, OR THIRD PARTY ADVERTISEMENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME FULL RESPONSIBILITY FOR ACCESSING AND USING THE SERVICE (INCLUDING THE APP, CONTENT, AND USER CONTENT) AND THIRD PARTY ADS, AND ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY DAMAGES CAUSED BY OR RELATED TO THE AFOREMENTIONED USES IS TO DISCONTINUE USING THE SERVICE.
9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF THE SERVICE, INCLUDING THE APP, CONTENT, AND PRODUCTS, SHALL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US FOR ACCESS TO AND USE OF THE SERVICE. THESE LIMITATIONS OF DAMAGES ARE A FUNDAMENTAL ASPECT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.
9.3. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU FORGO ANY RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH ASSERTS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
9.4. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO POSSESS ADDITIONAL LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. INDEMNITY
You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of our services or your breach of the Terms of Service.
11. Entire Agreement
This Agreement and any operating rules for the Service posted by us on the Service constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
12. Mandatory Binding Arbitration and Class Action Waiver
Please read carefully to understand your rights. This section requires you to resolve disputes with us through binding arbitration and limits how you can seek relief, including:
a. Arbitration Requirement: All disputes must be resolved by binding arbitration through a neutral arbitrator.
b. Jury Trial Waiver: You waive the right to a jury trial and certain rights available in court such as discovery and appeal.
c. Individual Dispute Claims: You can only raise claims on your own behalf, not as a plaintiff or class member in any class or representative proceeding.
d. No Consolidated Claims: The arbitrator has no authority to consolidate claims or preside over any form of a representative or class proceeding.
e. Scope of Arbitration Agreement: This agreement applies to any disputes between you and the company including claims related to services provided, terms, and termination of service, except for disputes eligible for small claims court.
f. Your Rights to Opt Out: You may opt out of the arbitration and class action waiver provisions by sending a notice to [email protected] within 30 days of agreement acceptance or first service use.
g. Pre-Arbitration Dispute Resolution: We aim to resolve disputes amicably. Before formal proceedings, you should contact us at [email protected] with your dispute summary.
h. Conducting Arbitration: Disputes must be resolved through BINDING ARBITRATION unless the law specifies otherwise. If you're a non-U.S. resident, arbitration will be via the London Court of International Arbitration (LCIA); if a U.S. resident, through Judicial Arbitration and Mediation Services, Inc. (JAMS).
i. Class Action and Collective Relief Waiver: There's no authority for claims to be arbitrated on a class or collective basis.
j. Arbitration Procedures:
In the event of any dispute arising from consumer claims, it shall be conclusively settled through individual arbitration conducted in the English language within Delaware, USA, adhering to the Commercial Arbitration Rules of the American Arbitration Association (AAA).
All disputes pertaining to these Terms shall be resolved through individual arbitration. The arbitration proceedings will take place in Delaware, USA. This individual arbitration, presided over by a single arbitrator, shall adhere to the Commercial Arbitration Rules of the American Arbitration Association (AAA) and be conducted in English.
Arbitration under these Terms shall involve only the individual User and WOWBODY Inc.. Both parties expressly waive any rights to resolve disputes in court or through class, collective, or representative actions, to the maximum extent permissible by applicable law, unless expressly provided otherwise herein.
The sole arbitrator shall be mutually agreed upon by both parties. In the event of failure to reach agreement within thirty (30) days of either party's request for arbitration, the arbitrator shall be selected by the AAA upon request by either party.
Arbitration costs shall be borne equally by both parties, except where prohibited by applicable law. In instances where the arbitrator determines that unique arbitration costs (e.g., filing, administration, arbitrator's fees) would hinder a User's ability to assert a claim, WOWBODY Inc. may be required to cover a greater portion of said unique costs. The prevailing party may be entitled to reasonable attorneys' fees and costs incurred in connection with the arbitration, to the extent permitted or required by applicable law.
All arbitrator decisions shall be final and binding upon both parties, enforceable in any court of competent jurisdiction. However, either party may seek judicial acceptance or enforcement of the arbitration award or order. Notwithstanding the foregoing, WOWBODY Inc. retains the right to seek interim injunctive relief, security, or other equitable remedies from the United States District Court for the District of Delaware or any other court of competent jurisdiction.
14. MISCELLANEOUS PROVISIONS
14.1. Any delay or omission by us in enforcing our rights under these Terms in the event of your noncompliance or default will not diminish those rights nor will it mean a waiver of the rights themselves. Any waiver by WOWBODY Inc. of its rights under these Terms in response to a particular breach by you will not imply a waiver of any future breach.
14.2. In line with Section 13, should any part of these Terms be deemed invalid or unenforceable, the remainder of the Terms will continue in full effect and will be amended to achieve as closely as possible the effect of the original term while remaining valid and enforceable.
14.3. These Terms represent the complete agreement between you and WOWBODY Inc. regarding the subject matter here and supersede all prior agreements and representations, whether written or oral.
14.4. WOWBODY Inc. retains the right to transfer or assign its rights and duties under these Terms to any party at any time, in any manner, including but not limited to novation. Your acceptance of these Terms constitutes your consent to any such assignment or transfer. Notification of any such transfer will be deemed sufficiently given if a revised version of these Terms, indicating a different party, is posted on the Service.
14.5. All communications made on the Service are considered electronic communications. When you communicate with us through the Service or other electronic media, such as email, you are communicating with us electronically. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14.6. WOWBODY Inc. will not be held liable for any failure to fulfill its obligations under these Terms where such failure results from any cause beyond WOWBODY Inc. reasonable control.
15. CONTACT
If you need to issue any notice under these Terms or if you have queries about the Service and Products, please reach out to us at: [email protected].
For legal inquiries, please contact us at: [email protected].
I ACKNOWLEDGE THAT I HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.
WOWBODY Inc. EIN: 320635557 with registered office at 24A Trolley Square #1354 Wilmington DE 19806-3334.