Terms of Service

Date Last Revised: January 10, 2024

1. Introduction and Acceptance of the Agreement

These Terms of Service (“Terms”), including our Privacy Policy, constitute a legally binding agreement between the user ("User", "you", "your") and Iulia Danilova Fitness LLC, doing business as One Fitness App (“One Fitness”, “Company”, “us”, “our”, “we”). These Terms govern your access to and use of the One Fitness website located at www.onefitness.com (the “Site”) and the One Fitness mobile application (the “App”). By accessing or using the Site and/or App, you acknowledge that you have read, understood, and agree to be bound by these Terms, and represent that you have the legal capacity to enter into this binding agreement. If you do not agree with any part of these Terms, you are prohibited from using or accessing the Service.

2. Comprehensive Description of Services Offered

One Fitness provides an interactive digital platform offering a wide range of fitness and wellness services, including but not limited to, personalized workout plans, nutritional guides, progress tracking, and other health-related digital content (collectively, "Services"). The Services are designed to aid users in their personal health and fitness journey, but they are not a substitute for professional medical advice, diagnosis, or treatment. Users should always seek the advice of qualified health providers with any questions regarding a medical condition or health objectives.

3. User Eligibility and Representation

The Services are intended and available for individuals who are at least eighteen (18) years of age or older. By using the Services, you affirm that you meet this age requirement and that you are fully able and competent to understand and agree to these Terms. You further represent and warrant that you are not prohibited from receiving the Services under the laws of any applicable jurisdiction.

4. User Account Registration, Security, and Responsibilities

a. Account Creation: To utilize certain features of the Service, you must register and create an account on the Site or App. During registration, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form and maintain and promptly update your account information to keep it true, accurate, current, and complete. b. Account Security: You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party and must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. Subscription Terms, Fees, and Payment Conditions

a. Subscription and Fees: Access to certain premium features of the Service requires you to purchase a subscription. We offer various subscription plans with differing features, limitations, and prices, as described on the Site and App. All fees are payable in advance and are non-refundable, except as expressly provided in these Terms. b. Renewal and Cancellation Policy: Subscriptions are charged on a recurring basis and will automatically renew at the end of the subscription period, unless you cancel your subscription through your account settings prior to the end of the current subscription period. By subscribing, you authorize us to charge your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel.

6. Intellectual Property Rights and Usage Restrictions

a. Intellectual Property Ownership: The Service, including all content, features, and functionality (including but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), is owned by the Company, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. b. Restrictions on Use: You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service strictly in accordance with these Terms. You shall not (i) copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as necessary to view such material for your personal, non-commercial use; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text without the express written consent of the Company; (iii) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code for the Service; or (iv) use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service.

7. Acceptable Use and Prohibited Conduct

As a condition of your use of the Service, you warrant to the Company that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You agree not to use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

8. Comprehensive Disclaimer of Warranties

The Company provides the Site, App, and Services on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Service, or the information, content, materials, or products included on our Service. To the full extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the Service, its servers, or email sent from the Company are free of viruses or other harmful components.

9. Limitation of Liability and Damages

In no event shall the Company, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Indemnification and Hold Harmless Agreement

You agree to defend, indemnify and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

11. Termination and Suspension of Services

The Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Service, and to block or prevent your future access to and use of the Service. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

12. Amendments to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Contact Information and Notices

If you have any questions about these Terms, please contact us at [email protected]. All notices to the Company intended to have a legal effect concerning these Terms must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address: 1700 E Las Olas Blvd Ste 203 Fort Lauderdale, FL 33301

15. Entire Agreement and Severability

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.