We want to ensure that you are fully informed about our auto-renewing subscription service before starting a trial or making a purchase. Therefore, please take the time to carefully read and understand these Terms and Conditions (referred to as “Terms”) before proceeding. Pay particular attention to Section 6, which covers details regarding subscription fees and payments. To avoid any charges, it is essential that you actively cancel your subscription at least 24 hours prior to the conclusion of the free trial or the current subscription period.
If you require assistance with canceling your subscription or free trial, please refer to the support pages of the respective app store where you made the purchase, or visit our website. It is important to note that simply deleting the app will not cancel your subscription or trial. We strive to provide comprehensive information about our subscription policies at or near the point of purchase, so we encourage you to review these policies before making any transactions. To keep a record for your reference, you may find it helpful to take a screenshot of this information.
IMPORTANT:
These Terms include a binding arbitration provision in Section 13 that impacts your rights. This provision mandates that disputes must be resolved through individual arbitration, excluding the involvement of judges or juries, and with limited appellate review compared to court proceedings. Unless you choose to opt out within 30 days of your initial use of our service, as outlined in Section 13, arbitration will be the exclusive method of resolving any disputes, and participation will be compulsory.
Furthermore, these Terms include significant disclaimers (Section 2), warranties disclaimers (Section 9), limitations of liability (Section 10), and a class action waiver (Section 13).
1.ACCEPTANCE OF TERMS
1.1 The provisions of these “Terms” govern the relationship between yourself and our organization, with registered office located at Themistokli Dervi 39, 1st floor, Office 104, 1066, Nicosia, Cyprus (“we”, “us”, “our” or the “Company”), in relation to your utilization of our mobile applications, websites, and associated services (referred to as the “App” or “Service”). These encompass all information, text, graphics, software, and services accessible for your use (collectively referred to as the “Content”).
1.2 These Terms establish a legally binding agreement between you and the Company. Therefore, we urge you to thoroughly read and understand these Terms before proceeding to use our Service.
1.3. Additionally, we kindly request that you review our Privacy Policy. Furthermore, any supplementary terms, policies, or documents that may be posted on our Service from time to time are expressly incorporated into these Terms by reference. Please note that we retain the right, at our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
1.4. Any translations provided are solely for your convenience. In the event of any discrepancy or inconsistency between the English language version of these Terms, available at [insert link to page], and any translation, the English language version shall prevail. The original English text is the legally binding version.
1.5. We may alter these Terms on the relevant page of our website. While we may notify you about certain critical changes through email or notifications on the Service, we are not obligated to do so in every case. Any other changes will be communicated by updating the “Last updated” date of these Terms. By using the Service after any changes to these Terms have been made, you indicate your acceptance of such changes, and any requirement for specific notice shall be waived. If you do not agree to the modifications, it is advisable to discontinue your use of the Service.
1.6. If you do not agree with any part of these Terms, or if you are ineligible or unauthorized to be bound by these Terms, please refrain from downloading the App or accessing and using the Service in any manner.
2. IMPORTANT DISCLAIMERS
2.1.Our company does not offer or provide any form of medical advice, health insurance, or healthcare services, including counseling, testing, evaluation, prescription, procedures, or therapies related to exercise, nutrition, weight loss, wellness, mental health, and the avoidance, prevention, diagnosis, or treatment of any injury, illness, disease, or condition.
2.2.The service is not suitable for everyone and is not a substitute for professional healthcare services. It is intended as a tool to help you achieve your overall health, fitness, and wellness goals. You acknowledge that engaging in diet and exercise activities entails risks, including the risk of bodily injury or death, and you assume those risks. Before using the service, you should consult with your physician or other qualified healthcare professional to determine if it would be safe and effective for you.
2.3.The company does not provide medical advice through the service. Content provided, whether by the company or third parties, should not be used as a substitute for professional advice from your physician or other healthcare professionals, or for information contained on or in any product packaging or labels. The company does not assume liability for any health problems that may result from training programs, consultations, products, or events you learn about through the service.
2.4.Your use of the service does not establish a doctor-patient, therapist-patient, or other healthcare professional relationship between you and the company.
2.5.Please note that we are not liable for any inaccuracies or misstatements about food recipes, exercises, or other content on our service. It is important that you carefully review all information provided by the manufacturers of the food products, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergen information, and health claims before using or consuming a product. For additional information about a food product, we recommend contacting the manufacturer directly.
2.6.We do not make any guarantees concerning the level of success you may experience. It is important to understand that results may differ for each individual. Testimonials and examples provided on our service represent exceptional results that may not apply to an average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. We cannot guarantee your future results and/or success, nor can we guarantee that you will maintain the results you experience if you do not continue following our programs.
2.7.Your health, fitness, and nutrition success depend on various factors including your background, dedication, desire, and motivation. As with any health-related program or service, your results may vary and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment. The use of our service should be based on your own due diligence, and you agree that we are not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of the service.
2.8.In addition to all other limitations and disclaimers in these terms, we disclaim any liability or loss in connection with the content provided on our service. We encourage you to consult with your doctor and other relevant professionals regarding the information contained on or accessed through the service.
3. PROFILE REGISTRATION
1. To access certain features of the Service, you will need to create a profile (“Profile”) and provide the required information as prompted by the registration form.
2. When registering the Profile, you confirm that: (i) all necessary registration information you provide is truthful and accurate; (ii) you will keep this information up to date; and (iii) your use of the Service complies with all applicable laws and regulations as well as these Terms. Failure to do so may result in the Service not operating correctly, and you may miss important notices from us.
3. The Service is not intended for use by individuals under the age of 16. By using the Service, you confirm that you meet this age requirement. Users who are minors in their jurisdiction of residence (usually under the age of 18) must have the permission and direct supervision of a parent or guardian to use the Service. If you are a minor, your parent or guardian must read and agree to these Terms before you can use the Service.
4. We reserve the right to suspend or terminate your Profile or your access to the Service, with or without notice, if you violate these Terms.
5. You are responsible for maintaining the confidentiality of your Profile login information and for all activities that occur under your Profile. You agree to promptly notify us of any unauthorized use or suspected unauthorized use of your Profile or any other security breach. We will not be liable for any loss or damage resulting from your failure to comply with these requirements.
4. SERVICE
1. The text, images, marks, logos, compilations, data, software, and materials displayed on the Service are proprietary to us or to third parties.
2. We reserve all rights, including intellectual property rights, in all of the aforementioned items. Except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of these materials is strictly prohibited.
3. The information you submit to us as part of your registration, and any data, text, and other material that you may submit or post to the App (“User Content”) remain your intellectual property. While we do not claim ownership of the copyright or other proprietary rights in such registration information and User Content, we may retain copies and use such information and content as reasonably necessary for or incidental to the operation of the Service, as described in these Terms and the Privacy Policy.
4. By using the Service, you grant us the right to publish, distribute, publicly display, and perform the User Content in connection with the Service.
5. Subject to these Terms, you are granted a non-transferable, non-exclusive license to use the Service and install and use the App for your personal, non-commercial purposes.
6. You agree that your use of the Service will comply with the aforementioned license, covenants, 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. You also agree to comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it.
7. You are responsible for obtaining the equipment and telecommunication services necessary to access the Service, as well as any associated fees.
8. We retain the right to implement changes to the Service at any time, with or without notice. You acknowledge that our actions may affect your access to the Service, and agree that we have no responsibility or liability for any such actions or results.
9. Your access to and use of the Service are at your own risk, and we will have no responsibility for any harm, loss of data, or other harm to you or any third party resulting from your access to or use of the Service.
10. We have no obligation to provide customer support, but may do so at our sole discretion.
5. APP STORES, THIRD PARTY ADS, OTHER USERS
1. The availability of the App is dependent on the third party from which you received the App, such as the Apple App Store or other app stores (collectively, “App Stores”).
2. You are responsible for paying all fees charged by the App Stores in connection with the App, and for complying with all applicable agreements, terms of use/service, and other policies of the App Stores. The App Stores are considered as a third-party beneficiary of these Terms and will have the right to enforce them.
3. The Service may include links to third-party websites, resources, and advertisements for third parties (collectively, “Third Party Ads”). We provide these Third Party Ads as a convenience and do not review, approve, monitor, endorse, or make representations with respect to them. You should investigate as you deem necessary or appropriate before engaging in any transactions with any third party. Your interactions and transactions with Third Party Ads are solely between you and the merchant or advertiser.
4. Each user is solely responsible for any User Content. We do not control the User Content and make no guarantees regarding its accuracy, currency, suitability, or quality. Your interactions with other Service users are solely between you and the other user, and we will not be responsible for any losses or damages arising from those interactions.
5. By using the Service, you release us from any claims, demands, losses, damages, and actions of any kind, including personal injuries, death, and property damage, related to or arising from interactions with App Stores, other Service users, or Third Party Ads.
6. SUBSCRIPTION FEES AND PAYMENT
6.1. Some features of the Service may require a subscription for a fee. You can purchase a subscription directly or through an App Store by either (1) paying a recurring subscription fee or (2) making a pre-payment for access to the Service for a specified time period (together or separately referred to as “Purchase”).
6.2. We reserve the right to adjust the Purchase fees within the limits of applicable laws. Should there be any changes in pricing, we will provide you with reasonable notice by posting the new prices within the App, sending an email notification, or using another prominent method. If you do not agree with the new fees, you have the option to cancel the relevant subscription before the new fees take effect and/or abstain from pre-paying for access to the Service.
6.3. By signing up for the subscriptions, you authorize us and the App Stores to charge the applicable fees to the payment card that you have provided.
6.4. Certain subscriptions may be set to auto-renew. If you do not cancel the subscription, you authorize us and the App Stores to charge you for the renewal term. The auto-renewal period will match your initial subscription period unless otherwise disclosed. The renewal rate will not exceed the rate for the immediately prior subscription period, excluding any promotional or discount pricing, unless you are notified of a rate change before the auto-renewal. You must follow the disclosed cancellation procedures for the specific subscription. Please note that we do not issue refunds for accrued fees or prorate fees for a cancelled subscription.
6.5. We may offer a trial subscription for the Service, with details provided upon sign-up. If you do not cancel before the end of the free trial, or unless otherwise stated, your access to the Service will continue automatically, and you will be billed the applicable fees. It is your responsibility to be aware of the free trial period’s expiration. We reserve the right, at our discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any associated terms without notice and without incurring liability. Additionally, we may limit your eligibility for multiple free trials.
6.6. Your access to the Service will expire at the end of the paid subscription period. If you fail to pay the required fees or charges, we will make reasonable efforts to notify you and address the issue. However, we reserve the right to disable or terminate your access to the Service without prior notice.
6.7. Please note that if you purchased your subscription through an App Store, refund requests will be subject to the refund policies of that specific App Store. As a result, we are unable to provide refunds directly. You will need to contact the support team of the respective App Store for assistance.
6.8. By completing a purchase, you acknowledge that it is final and non-refundable, and cannot be canceled. This applies to all purchases, unless stated otherwise in section 6.9 below. However, in cases where mandatory provisions of applicable law require it or at our own discretion and in accordance with our published policies, we may offer refunds or cancel purchases.
6.9. If you are a consumer based in the EEA or Switzerland, you have the automatic legal right to withdraw from service contracts. However, please note that when you purchase a single item of digital content (such as a video recording or a PDF file), you expressly agree that the content will be made available to you immediately. As a result, you forfeit your right to withdraw from the contract and are not eligible for a refund. By signing up for our Service, which is not a single item of digital content and is provided on an ongoing basis (such as subscriptions to the App), you explicitly request and consent to the immediate provision of the Service. If you exercise your right of withdrawal, we will refund you an amount proportionate to the Service provided before you communicated your decision to withdraw from the contract.
• To exercise your right of withdrawal, you must inform us (insert your company’s contact details here) of your decision to withdraw from the contract. You may use the following model withdrawal form, though it is not obligatory. Please ensure that you send your communication expressing your wish to withdraw from the contract before the withdrawal period expires.
• Model Withdrawal Form
To: (insert your company’s contact details here)
I hereby give notice that I withdraw from my contract of the following service:
Received on:
Name:
Address:
Signature: (required only if sent by post mail)
Date:
6.10. We may periodically display clear and easily accessible subscription terms on our websites and within the Apps for your reference and convenience.
7. SHOPPING
7.1. Additional terms and conditions for e-commerce transactions are available in Annex A (“Terms of Sale”) and apply to the sale of apparel, accessories, and footwear (“Products”) through our online store. These terms cover the online sale and delivery of Products through our online store, and any policies regarding refunds, exchanges, restocking, taxes, and shipping will be provided at or near the point of purchase. If you have any inquiries related to our online store, please contact our support team for assistance. Please review the Terms of Sale before making any purchases through our online store.
8. USER REPRESENTATIONS AND RESTRICTIONS
8.1. As a user of the Service, you represent and warrant that:
you agree to comply with our Terms of Use;
you are at least 16 years old;
you will not access the Service using automated means;
you will not use the Service for any illegal or unauthorized purpose;
you are not located in a country that is subject to a U.S. government embargo or designated as a “terrorist supporting” country;
you are not listed on any U.S. government list of prohibited or restricted parties; and
your use of the Service will not violate any applicable laws or regulations.
8.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).
8.3. You may not use the Service for any purpose other than those authorized by us. Commercial use of the Service is only permitted with our express written consent.
8.4. When using the Service, you agree not to:
retrieve data or content from the Service in a systematic manner without our written permission;
make any unauthorized use of the Service;
modify, enhance, or create derivative works of the Service;
use the Service for any unauthorized commercial purpose;
make the Service available over a network or other environment that permits multiple access or use by multiple devices or users;
use the Service to compete with or as a substitute for the Service;
circumvent, disable, or otherwise interfere with security-related features of the Service;
interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to it;
reverse engineer, disassemble, or decompile the software comprising the Service;
attempt to bypass any measures of the Service designed to prevent or restrict access to it;
upload or distribute files that may damage the operation of another’s computer;
utilize any automated system, including spiders or robots, to access the Service or any data within it;
use the Service to send automated queries to any website or send spam emails;
disparage, defame, or otherwise harm us or the Service;
use the Service in violation of any applicable laws or regulations; or
otherwise violate these Terms of Use.
9. ADDITIONAL DISCLAIMER OF WARRANTIES
a. Limited Warranties Disclaimer
You acknowledge and agree that your use of the Service is at your own risk, and the Service and products are provided on an “as is” and “as available” basis, except where prohibited by law. Our affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as any and all warranties as to products or services offered by businesses listed on the Service.
Specifically, we make no warranty that:
the Service will meet your requirements,
the Service will be uninterrupted, timely, secure, or error-free,
the results obtained from the use of the Service, including data, will be accurate or reliable,
the quality of any data or service available on the Service will meet your expectations, and
any errors in the service will be corrected.
Any material obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting from the use of any such material.
We do not guarantee any specific results from the use of the App and/or the Service. You also agree to assume the risks of interruption of the Service for any technical reasons.
b. No Professional Advice Disclaimer
Any statement on the Service is for informational and entertainment purposes only and should not be interpreted as a replacement or substitution for professional financial, medical, legal, or other advice.
We do not make representations or warranties and, to the fullest extent permitted by law, expressly disclaim any and all liability relating to your reliance on the statements or other information offered within or through the Service. If you have specific concerns or need professional or medical advice, it is advisable to consult with a suitably trained and qualified specialist.
c. Changes to Website Information and Service
We reserve the right to change all the information provided on the Service at our discretion, without notice.
We may at any time modify or discontinue, either temporarily or permanently, the Service (or any part thereof) at our discretion, with or without notice. You acknowledge and agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
10. LIMITATION OF LIABILITY
10.1. Disclaimer of Damages
Under no circumstances shall we or our affiliates be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or your use of, or inability to use, the service (including the app or content) and products, or third-party ads, even if we have been advised of the possibility of such damages. Access to and use of the service (including the app, content, and user content) and third-party ads are at your own discretion and risk. You will be solely responsible for any damage to your computing system or loss of data resulting from such use.
10.2. Limitation of Liability
Notwithstanding anything to the contrary contained herein, you agree that our aggregate liability to you for any and all claims arising from the use of the app, content, service, or products is limited to the amounts you have paid for access to and use of the service. The limitations of damages set forth above are fundamental elements of the basis of the terms between us and you.
10.3. Waiver of California Civil Code Section 1542
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected their settlement with the debtor or released party.”
10.4. Jurisdictional Variations
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary depending on the jurisdiction.
11. INDEMNIFICATION
You agree to indemnify and hold us, our successors, subsidiaries, affiliates, any related companies, our suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the service or products, (ii) your user content, or (iii) your violation of these terms.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
12. INTERNATIONAL USAGE
We do not guarantee that our service is accessible, appropriate, or legally available for use in your jurisdiction. It is prohibited to access and use our service from territories where such use would be deemed illegal. By accessing the service, you do so at your own discretion and are solely responsible for complying with the laws and regulations of your local jurisdiction.
13. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Please carefully read this arbitration provision to understand your rights and obligations. It mandates that all disputes between you and us be resolved through binding arbitration by a neutral arbitrator.
By agreeing to this provision, you are waiving your right to a trial by jury, including the potential rights you could have in court such as discovery or appeal that may be restricted or eliminated in the arbitration process.
This provision also restricts any claim to only your individual capacity and prohibits you from being a plaintiff or class member in any purported class or representative proceeding.
Additionally, the arbitrator cannot consolidate proceedings or claims or preside over any representative or class proceeding.
This arbitration agreement applies to any and all disputes between you and us, including but not limited to claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theories. The agreement also extends to claims that arose before these terms or any prior agreement, as well as claims that may arise after the termination of these terms, except for claims that qualify within the scope of the jurisdiction of your local small claims court.
You have the option to opt-out of this arbitration and class action waiver provision by sending an electronic notice of your decision to opt-out to the indicated email address within thirty (30) days of the effective date of these terms or your first use of the service containing any versions of these terms that substantially include this version of the arbitration agreement, whichever is later. If you opt-out of this arbitration agreement, the company will not be bound by it, and any dispute shall be resolved in accordance with the relevant laws.
This arbitration agreement applies without limitation to all claims that arose or were asserted before the effective date of these terms or any prior version of these terms.
The relevant arbitrator has the sole authority to determine applicability, existence, validity, and termination of this arbitration agreement in each particular case. In case of a dispute that involves both arbitrable and non-arbitrable issues, any legal proceeding regarding the non-arbitrable issues shall be stayed until the resolution of the arbitrable issues is completed.
b. Initial Dispute Resolution
We are committed to efficiently and amicably resolving any disputes. If you have any dispute with us, it is agreed that before taking any formal action, you will contact us at the provided email address, legal. [email protected] .world, and provide a brief, written description of the dispute and your contact information. Both parties agree to make best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, with an understanding that such negotiations are a condition prior to either party initiating arbitration.
c. Mandatory Arbitration
It is mandatory that all disputes be resolved through BINDING ARBITRATION, except to the extent that applicable law prohibits the exclusive use of arbitration for dispute resolution.
By entering into these terms, both parties are waiving the right to a trial by jury or to participate in a class action and agree to have disputes finally settled by binding arbitration before one arbitrator administered by:
• [Arbitration Forum 1] if you are not a resident of [country] which will follow their respective arbitration rules.
• [Arbitration Forum 2] if you are a resident of [country] which will follow their respective arbitration rules.
In each case, the relevant arbitration rules will apply as modified by the Arbitration Agreement. If there is a conflict between the applicable arbitration rules and these terms, these terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.
If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum to resolve the dispute.
Under this provision, you are waiving your right to participate in class action or collective relief proceedings. Claims cannot be arbitrated or litigated on a collective basis, including claims brought on behalf of the general public or other users. The arbitrator can only provide relief to the individual party involved in the dispute and cannot award relief to anyone who is not a party. The waiver of class action and collective relief is an integral part of this arbitration provision and cannot be separated from it.
By agreeing to this arbitration provision, you are also waiving your right to a jury trial and limiting your right to appeal. You understand that other resolution processes, such as court action, will not be available to you.
The arbitrator does not have the authority to award punitive damages.
The arbitration procedures provide a fair and less formal alternative to litigation. The arbitration will take place in London, United Kingdom, if you are not a U.S. resident, and in Delaware, U.S., if you are a U.S. resident. The governing law applicable to the arbitration agreement and the arbitration will be the laws of England and Wales if you are not a U.S. resident, or Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations if you are a U.S. resident. The arbitration will be conducted in English.
To initiate an arbitration, you can follow the instructions provided by LCIA or JAMS. You have the option to represent yourself or have a representative act on your behalf. Upon receipt of an arbitration claim, counterclaims may be asserted by either party.
If you are a consumer initiating arbitration against us, you will only be required to pay a filing fee of USD 250, and we will cover all other arbitration costs if the arbitrator finds the arbitration to be non-frivolous and not in bad faith. If we initiate arbitration against you as a consumer, we will pay for all costs associated with the arbitration. Each party is responsible for their own attorneys’ fees unless otherwise provided by the arbitration rules or applicable law.
The arbitrator will be appointed by LCIA or JAMS, and the hearings will be conducted by teleconference or videoconference unless an in-person hearing is deemed necessary. The parties can request relevant documents and particulars related to their claims or defenses, subject to the arbitrator’s approval. Communication with the arbitrator must include both parties, and ex parte communications are not permitted.
Confidential information disclosed during the arbitration must be kept confidential, and any permitted filing of such information must be done under seal.
The arbitrator will render a written decision within a specified timeframe, indicating the relief awarded and providing a brief statement of the reasons for the award. The award is final and binding, and the parties waive their right to refer any legal questions or appeal the award to a court.
Consumer remedies available under applicable laws will remain accessible through this arbitration agreement, unless otherwise stated in this Agreement.
If any part of this Arbitration Agreement is deemed unenforceable or unlawful, that specific provision will be removed from these Terms. The removal of the unenforceable or unlawful provision will not affect the rest of this Arbitration Agreement or the parties’ ability to pursue arbitration for any remaining claims on an individual basis. If there are any claims that must be pursued on a class, collective, consolidated, or representative basis, those claims will be litigated in court as outlined in Section 14. The litigation of such claims will be put on hold until the resolution of any individual claims through arbitration. Additionally, if any part of this Arbitration Agreement restricts an individual from seeking public injunctive relief, that provision will not apply if such relief is allowed outside of arbitration. The rest of this Arbitration Agreement will still be enforceable.
This arbitration provision will remain in effect even after the termination of these Terms.
14. GOVERNING LAW AND VENUE
14.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales (excluding its body of law governing conflicts of law).
14.2. In the event that any action relating to a dispute arising from these Terms is not submitted to arbitration for any reason, both parties agree to the exclusive jurisdiction of the courts of England and Wales to resolve any such disputes. Any legal proceedings must be initiated in these courts.
14.3. Both parties acknowledge and accept the personal jurisdiction and venue of the courts of England, waiving any defenses of improper venue or forum non conveniens.
14.4. If you are a resident of the European Union:
These Terms do not undermine the legal protection granted to you as a consumer under mandatory laws of your country.
If you have a complaint, please contact us at [email address]. If your complaint is not adequately resolved, you have the option to use the Online Dispute Resolution (ODR) platform, which can be accessed through [ODR platform website]. We do not participate in any alternative dispute resolution schemes other than what is specifically outlined in these Terms.
If you reside in an EU Member State, you have the right to bring any dispute arising from these Terms and Conditions to the competent court in your country of residence, which has exclusive jurisdiction to settle such disputes. We, in turn, will bring any dispute arising from these Terms and Conditions to the competent court in your country of residence.
You agree that the Services, Terms, and any disputes between you and us are subject to the laws of England and Wales, without giving effect to any choice of law provisions. The 1980 UN Convention on Contracts for the International Sale of Goods does not apply to these Terms.
15. MISCELLANEOUS PROVISIONS
15.1. Any delay or omission by us in exercising our rights upon your noncompliance or default with these Terms shall not impair such right or be considered a waiver. A waiver by us of any covenant, condition, or agreement to be performed by you shall not be deemed a waiver of any subsequent breach or any other provision contained in these Terms.
15.2. If any provision of these Terms is found to be invalid or unenforceable, the remainder of these Terms will remain in full force and effect. The invalid or unenforceable provision shall be reformed to the extent necessary to make it valid and enforceable, while still reflecting the parties’ original intent, to the greatest extent permitted by law.
15.3. Except as otherwise expressly provided, these Terms constitute the entire agreement between you and us regarding the subject matter herein, and supersede all prior promises, agreements, or representations, whether written or oral, regarding such subject matter.
15.4. We have the right to transfer or assign any of our rights and obligations under these Terms to any other party, including by novation. By accepting these Terms, you consent to any such assignment or transfer. If we indicate another party as a party to these Terms on the Service, it shall serve as valid notice to you of the transfer of our rights and obligations unless otherwise expressly indicated.
15.5. All communications made on the Service are considered electronic communications. By communicating with us through the Service or other forms of electronic media, you acknowledge and agree that such communications, as well as notices, disclosures, agreements, and other communications provided to you electronically, are equivalent to written communications and have the same legal effect. By clicking on buttons such as “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 affirmatively agree to the use of electronic signatures, contracts, orders, and records, as well as electronic delivery of notices, policies, and transaction records initiated or completed through the Service.
15.6. We shall not be held liable for any failure to comply with these Terms to the extent that such failure is beyond our reasonable control.
Please let me know if there’s anything else I can help you with.
16. CONTACT
If you need to send any notices concerning these Terms or have any questions regarding our products and services, please reach out to us at [email protected]. For any legal inquiries, please contact us at [email protected].
By agreeing to these Terms, I acknowledge that I have read and accepted all the provisions outlined above.
ANNEX A: TERMS OF SALE
These terms of sale (“Terms of Sale”) apply to all orders placed by you through our websites (the “Online Store”) in connection with the online sale and delivery of our branded apparel, shoes, and accessories (“Products”), except for digital products and services, which are addressed in separate terms. By placing an order through our Online Store, you agree to be bound by these Terms of Sale and the Terms of Service.
1. By making a purchase, you confirm that you have the legal capacity to agree to these Terms of Sale. If you are under the age of thirteen, or any higher minimum age in your jurisdiction, you confirm that you have obtained the necessary parental or guardian consent to enter into these Terms of Sale.
1. ORDERING AND CHANGES TO ORDERS
1.1. We reserve the right to refuse or cancel any order or limit the quantity of an order at our discretion, even after receiving your order. We may also require additional information to accept or process your order. While we typically send email confirmations, please note that receipt of an email confirmation does not constitute our acceptance of your order or confirmation of an offer to sell a product or service. If you are using your work email address, please be aware that spam filters used by many corporations may hinder the delivery of our confirmation email or divert it to your junk mail folder.
1.2. The contract between us and the completion of your order will occur when we dispatch the products to you, unless we have notified you that we do not accept your order or you have canceled it.
1.3. It is your responsibility to provide accurate shipping information and email address. We are not liable for products that are not received due to incorrect shipping information.
1.4. When making a transaction through our online store, you may be required to provide relevant information such as payment and delivery details. You affirm that you have the right to use any payment method you choose to complete the transaction. By submitting such information, you authorize us to share it with third parties to facilitate the transaction in accordance with our Privacy Policy. We may need to verify the information before acknowledging or completing the transaction.
1.5. The actual delivery of your order may be impacted by various events beyond our control, and we are not responsible for any delays in delivery. Title to the products will transfer to you upon delivery to the carrier, and the risk of loss or damage to the products will transfer to you upon delivery to your specified address.
2. AVAILABILITY OF PRODUCTS
2.1. We reserve the right to add or remove products and services from our online store at any time, for any reason. We may also change the quantities available for purchase, even after you have placed an order. Please note that there may be instances where a particular style, color, or size is temporarily out of stock. If the item you wish to purchase is unavailable, we apologize for any inconvenience and kindly suggest reaching out to our customer support team for assistance in finding a suitable alternative.
2.2. We make every effort to provide accurate and up-to-date information regarding our product listings, descriptions, and images (including features and specifications). However, we cannot guarantee the completeness, accuracy, reliability, validity, or timeliness of such information. Product availability (including the validity of any coupon or discount) is subject to change without prior notice. While we strive to display the colors of our products accurately, please be aware that the actual colors you see may vary depending on your computer system. It is your responsibility to comply with all applicable laws and regulations regarding the purchase, possession, and use of any product or service, including any minimum age requirements.
3. PRICING
3.1. The prices listed may not include delivery and handling charges or applicable taxes, which will be communicated to you before you place your order, if applicable. Please note that we reserve the right to change the prices of any products or services without prior notice.
3.2. It is important to note that our prices do not include any import duties, tariffs, or similar fees that may be imposed by the delivery destination. These additional charges, if applicable, are the responsibility of the customer.
4. RETURN AND REFUND POLICY
4.1. If the Products delivered to you are defective or do not conform to your order, you are entitled to return them. In such cases, we will refund the purchase price and shipping costs. For instructions on how to initiate a return, please contact our customer support team at [insert email address].
4.2. If you are unsatisfied with your purchase for any reason, we offer a refund under the following conditions. Please note that this return right does not apply to the purchase or renewal of any services as governed by our terms and conditions. To qualify for a refund, you must meet the following criteria:
• Request a refund within 30 days after receiving the item. You can initiate the refund process by contacting us at [insert email address] and providing your name, order number, reason for refund, and other necessary details.
• Return the Product, including all its original parts and packaging, within 30 calendar days from the date of the refund request. Apparel should have the original tags attached and must be unwashed and unworn.
4.3. Please be aware that delivery and handling charges, wrap fees, and taxes paid (such as state, sales tax, customs, or VAT) are not refundable. Additionally, a restocking fee may be deducted from the total refund amount. Returns that do not meet the conditions stated above may be refused at our discretion.
4.4. If you are a consumer based in the EEA or Switzerland, you have an automatic legal right to withdraw from contracts for purchases of Products. However, please note that this right of withdrawal does not apply to the purchase of single items of digital content (e.g., video recordings or PDF files) as they are made available to you immediately upon purchase. Therefore, you expressly agree to waive your right of withdrawal for such digital content.
4.5. Upon receiving and inspecting your return, we will notify you of the approval or denial of your refund. If your refund is approved, it will be processed automatically through your original payment method. Please keep in mind that it may take some time for your bank or credit card company to complete the refund process and for the funds to be reflected in your account.
5. MISCELLANEOUS PROVISIONS
5.1. Please note that consumers in certain jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods. These rights, including those implemented under EC Directive 99/44, are not affected by the provisions stated above. We respect and acknowledge the importance of these legal rights and they remain applicable.
5.2. These Terms of Sale are supplementary to the general Terms and shall not replace them. Unless explicitly stated otherwise, these Terms of Sale, in conjunction with the general Terms, constitute the complete and exclusive understanding and agreement between us regarding any orders you place. They supersede any prior oral or written agreements or understandings between us concerning such matters.