Last modified: May 18, 2020
We reserve the right to withdraw or amend the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to all or parts of the Services to users, including Coaches (as defined below) and registered Users. You are responsible for making all arrangements necessary for you to have access to the Services.
If are a User registering for Services with us, you will receive both automated SMS messages and personalized messages from coaches who endeavor to assist you in achieving your wellness goals (“Coach(es)”). We frequently conduct quality assurance checks to review availability, response times, the number and duration of interactions, as well as to improve our Services. Users of our Services may receive multiple SMS messages per month. Message and data rates may apply. To stop receiving SMS messages at any time text
“STOP MESSAGES” to the number from which we contact you.
To access the Services or some of the resources offered, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete.
You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of the information you provide to us and that we and the Coaches with whom you communicate on the Services are relying upon this certification in order to interact with you and provide the Services.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your user name, password, or other security information.
You agree to notify us immediately of any unauthorized access to or use of your user name, SMS messages, or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree that we may provide notices and messages to you within the Services or via the contact information you provided us.
The features and functionalities available on the Services are determined by the subscription tier you purchase.
You will only have access to certain aspects of the Services while your subscription is active. You may have access to a free trial period in accordance with certain promotional offers.
For individual Users, we offer monthly subscription paid upfront in monthly installments. For the purposes of our monthly subscriptions, a month constitutes thirty (30) calendar days.
Some subscription plans may include access to a personal Coach. Your relationship with the Coach is strictly with the Coach. We are not involved in the Coach’s activities and advice. While we may we may monitor a Coach’s activities and communications, we are not obliged to do so. You should exercise a high level of care and caution in your communications and interactions with the Coaches. If you want to stop receiving communications from a Coach or be assigned a new Coach, you may do so by replying to any SMS with “STOP” or “STOP MESSAGES”. We may, in our sole discretion, engage or replace any Coach with another with or without notice to you.
Users who wish to discontinue use of our SMS messaging services may reply “STOP” or “STOP MESSAGES” to any mobile message from us or their Coach on their mobile device. Users may receive an additional mobile message confirming their decision to discontinue use of the Service.
You may terminate your account at any time by responding to any message with “STOP” or “STOP MESSAGES”. If you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting “Manage App Subscriptions” in your iTunes Account settings and selecting the subscription you want to modify. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCOUNT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
Regardless of your subscription type, we may terminate your account or suspend your access to the Services at any time, with or without cause. If we terminate your account without cause, and you purchased a pre-paid subscription account, we will refund a prorated portion of your monthly or annual prepayment. We will not refund or reimburse you in any other situation. Once your account is terminated for any reason, including after you have stopped paying for your subscription, you will no longer have access to the Services or the data associated with the Services, and we may permanently delete your account and all the data associated with it. You are solely responsible for maintaining back-ups of all data stored or otherwise available on the Services.
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Services are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with these Terms of Service.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
You must not:
The Company name, and all related names (such as, “Verb”) logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You represent and warrant that you either own or have permission to use all of the material, content, data, text, files, images, photos, video, sounds, communications, works of authorship, or any other materials, data or content and information (including your personal information) you upload, post, share, transmit, submit or otherwise make available via the Services (“User Content”).
You understand and acknowledge that you are responsible for your own User Content, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You are solely responsible for User Content, its accuracy, and for the consequences of submitting or posting User Content. We are not responsible for, and we do not endorse, any User Content, and for the avoidance of doubt, we specifically disclaim any liability in connection therewith.
We reserve the right to modify, revise, suspend or discontinue any of the Services in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Services in any manner.
Due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure, equipment malfunction, power failures, hostile attacks, etc.), the Services may be temporarily suspended or affected. We shall use our best commercially reasonable efforts to correct any errors and minimize any disruption, inaccessibility and/or inoperability of the Services, whether scheduled or not. Where feasible, we will endeavor to provide forty-eight (48) hours advance notice to you in the event of any scheduled downtime.
We do not accept responsibility for and expressly disclaim any liability related to any failure of, or delay in, the delivery of communications between Users of the Services, including communications with Coaches.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PHONE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICE OR ITEM OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.
YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Company makes no claims, representations or guarantees that the services provide a health, fitness, or therapeutic benefit. Any health and fitness information communicated on the Services is provided simply for your convenience and solely for informational purposes.
Any advice or information available on the Services is intended for general information purposes only and is not a substitute for professional medical advice. We are not liable or responsible for any consequences of your use of the services and you assume full responsibility for your decisions and actions. to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information communicated as part of the Services, including without limitation by the coaches.
We are not a health care or medical provider. the Services (including without limitation your communications with coaches) should not be considered HEALTH, NUTRITION, OR medical advice. Only your physician or other health care provider can provide medical advice and services. You should seek the advice of a physician or a medical professional before beginning any weight loss or fitness program, physical activities or any other plans that may be referenced, discussed or offered in connection with Services. The Services are not a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. Your Coach may provide general information about fitness and health-related goals, but Coaches ARE NOT MEDICAL PROVIDERS AND do not provide healthcare advice. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP or a fiduciary duty of any kind whatsoever BETWEEN YOU AND us or BETWEEN YOU AND any Coach.
You further agree that, before using the services, you shall consult your physician. If any information you receive or obtain from using the Services that is inconsistent with the medical advice from your physician, you should follow the advice of your physician. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911.
children under age 18 years old must have THE consent of their parent or guardian prior to participating in the services, including interacting with coaches or otherwise communicating with or registering to receive communications from us or the coaches.
By using the Services, you release, indemnify, and covenant not-to-sue the company and its affiliates AND THEIR SERVICE PROVIDERS (INCLUDING THE COACHES) from any and all present and future claims resulting from the use of the Services for any reason whatsoever, including property damage, personal injury, or wrongful death, arising as a result of my engaging in or receiving SERVICES or any activities incidental thereto, wherever, whenever, or however the same may occur. You hereby voluntarily waive any and all claims both present and future that may be made by you, your family, estate, heirs, or assigns, and relinquish on behalf of yourself, spouse, heirs, estate and assigns the right to recover for injury or death. Users are aware that SERVICES MAY INCLUDE RECOMMENDATIONS AND ADVICE TO ENGAGE IN activities AND EXERCISE that can involve severe cardiovascular stress and understand that participation in the Services can involve certain risks, including, but not limited to, death and serious injury. You agree that you are voluntarily participating in SUCH activitIES with knowledge of the danger involved and hereby agree to accept any and all risks of property damage, personal injury, or death. You further agree You further understand that this waiver is intended to be as broad and inclusive as permitted by applicable law, and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, THE COACHES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Further, you may not import or upload any of the following information about third parties onto the Services: social security numbers, national insurance numbers, credit cards, passwords, security credentials, health information, or any other sensitive personal data.
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Written Notification. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
DMCA Agent. Our agent for notice of claims of copyright or other intellectual property infringement can be reached via phone at (914) 282-9737, email at firstname.lastname@example.org or via regular mail at the following address: 625 5th Ave, Pelham, NY, 10803, Attention: Copyright Agent, Vincent Miceli.
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. (The AAA Rules are available at https://adr.org/sites/default/files/Consumer%20Rules.pdf or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.