Terms and Conditions

Last modified: November 9, 2021

These Terms of Use (“Agreement”, “Terms”) set forth terms and conditions of your use of our website https://easy-fitness.online/ and/or any applications namely EasyFitness, related content, services, and features (collectively, and together with the website and/or any applications, “Service”). This Agreement is legally binding between you (“User”, “you” or “your”) and INSPIRITUM LTD (“INSPIRITUM”, “we”, “us” or “our”).

By accessing and using Service, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and INSPIRITUM, even though it is electronic and is not physically signed by you, and it governs your use of the Service. If you don't agree with any provisions of this Agreement, you shall not be able to access and use Service and you must destroy, return or delete all copies of INSPIRITUM applications in your possession and stop using our website immediately.

1. YOUR USE OF SERVICE

You must be over eighteen (18) years of age to use the Service, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction.

By accepting these Terms, you represent and warrant that you are at least the minimum age as required by the previous sentence. Use of the Service is further not permitted where prohibited and you represent and warrant that you are not otherwise prohibited to use the Service.  You may access and use Service only in case you are legally capacitated and authorized to conclude an agreement with INSPIRITUM and such conclusion is not forbidden to you according to the applicable laws of your country.

YOU MUST INDEPENDENTLY CONSULT YOUR MEDICAL SPECIALIST WITH REGARD TO THE POSSIBILITY OF YOUR USE OF THE SERVICE BEFORE USING THE SERVICE, AS WELL AS IN CASE OF ANY QUESTIONS ABOUT YOUR HEALTH IN THE PROCESS OF USING THE SERVICE. THE SERVICE IS PURELY ENTERTAINMENT IN NATURE AND CANNOT BE CONSIDERED AS A SERVICE FOR OBTAINING MEDICAL ADVICE OR AS A SUBSTITUTE TO MEDICAL CARE IN ANY FORM.

By accessing the Service, you state that your physician has confirmed that you can participate in any fitness program, workout, exercise, or other activities made available through the Service.

2. ACCOUNT

In order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.

You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to [email protected].

3. PURCHASES, SUBSCRIPTIONS, AND AUTO RENEWALS

We may offer free trials in our sole discretion. Upon expiration of a free trial offer (if applicable), you will be charged the applicable subscription fees (if any) for your use of the Service as specified in the Service.

Upon expiration of the initial term of your subscription, whether such subscription is weekly, monthly, quarterly, yearly, or otherwise, your subscription will automatically renew for recurring subscription periods of the same duration unless and until you affirmatively cancel your subscription.

You can manage and cancel your subscription and any automatic renewals at any time following the instructions in your Account.

If you decide to cancel your subscription during paid subscription period, you will not receive a refund for the fees you already paid for such subscription period, and you will continue to be able to use the Service for which you subscribed until the end of such subscription period. We may change the applicable subscription fees at any time at our sole discretion. Changes to the subscription fees will not apply retroactively.

The validity of these Terms and the validity of any purchase associated with the Service will be considered independently from each other, meaning that the termination of such associated purchase will not affect the validity of these Terms, and the termination of these Terms may not affect the validity of such associated purchase.

4. INTELLECTUAL PROPERTY RIGHTS

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by INSPIRITUM or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with INSPIRITUM. All trademarks, service marks, graphics and logos used in connection with the Service, are trademarks or registered trademarks of INSPIRITUM or its licensors. Other trademarks, service marks, graphics and logos used in connection with Service may be the trademarks of other third parties. Your use of Service grants you no right or license to reproduce or otherwise use any of INSPIRITUM or third-party trademarks.

INSPIRITUM grants you, for your personal and non-commercial purposes, a limited, revocable, non-exclusive, non-transferable and non-assignable right and ability to use the Service for such purposes as are ordinary and customary.

You agree to not alter or modify the software. You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by INSPIRITUM and/or third-party partners.

You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all content or data used by you in connection with Service.

5. USER-GENERATED CONTENT

We do not claim any ownership rights to the photos, videos, sounds, text, contest entries, and other content that you import into, store, or create with the Service in connection with or through your use of the Service (collectively, the “User-Generated Content”).

The Service may provide features that allow you to submit, upload, store, receive, communicate, share, publish or otherwise make publicly available User-Generated Content. By submitting, uploading, storing, communicating, sharing, publishing or otherwise making available any User-Generated Content, and unless we indicate otherwise, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferrable license to publish, use, reproduce, publicly display, publicly perform, modify, adapt, translate, create derivative works from, reverse engineer, broadcast, distribute, exploit, or otherwise make available all User-Generated Content, or any portion thereof, in any media or technology now known or later developed, as well as to use any name, likeness, and other identifying indicia ("Name and Likeness") as shown and conveyed in the User-Generated Content, through any medium or format, in any way permitted under applicable law and in accordance with the applicable privacy policy, including for the purposes of operating and improving the Service (such as through algorithmic training), and developing new technologies and services. You will not be entitled to compensation for any use by us, or our agents, licensees, or assignees, of such User-Generated Content. You acknowledge and agree that you have no right to review or approve how such User-Generated Content or any Name and Likeness will be used. We will have no obligation to publish or use or retain any User-Generated Content you submit or to return any such content to you.

You are solely responsible for the content that you submit, upload, communicate, share or otherwise make available on or through the Service, or transmit to others, and you represent and warrant that such content will not infringe upon or violate the rights of any person or entity, and that you have all the rights, permissions, licenses, authorizations, and releases (including, but not limited to, to synchronize any sound recordings and musical works embodied in the User-Generated Content) necessary to grant the licenses in these Terms and to make the User-Generated content available.

We may terminate your access to the Service if we find that your User-Generated Content violates these Terms, our policies or applicable law, including unlawful postings or content, without prior notice to you.

6. PRIVACY

We collect registration and other information about you through the Service. Our collection and use of this information are described in our Privacy Policy, which is incorporated into these Terms by reference and available at https://easy-fitness.online/privacy.

7. 100% REFUND POLICY

You have the right to receive a refund of the funds paid for the first month of using the Service if you have not achieved the stated results in accordance with a personalized training plan based on your parameters, if you satisfy all the following requirements:
- You contacted us by mail [email protected] within 7 days after passing our individual plan.
- You followed our personalized training plan for at least 14 consecutive days during the first 28 days after receiving the personalized training plan.
- You can prove that you have followed a personalized training plan in accordance with the requirements set out below in the subsection "How to prove that you have followed the plan".
- You have provided photos of your body parameters that you had at the time of registration on the Service and that were used to calculate a personalized training plan, as well as photos of your parameters after 28 days of continuous following a personalized training plan. Photos should clearly and unambiguously state that these parameters belong to you, not to another person, and also that the results do not correspond to those stated in the personalized training plan.

We will review your application within 30 calendar days and notify you (by email left during registration on the Service) whether your application has been approved. If the application is approved, the refund will be processed, and the money will be automatically credited to your credit card or original payment method within 30 calendar days from the date of approval of the refund application.

How to prove that you followed the plan

You can prove that you have followed an individual training plan only if you have satisfied all the following requirements:
- You have provided photos and/or videos of all the exercises you have performed according to our personalized training plan.
- The exercises were performed correctly according to the video lessons provided by us in your personalized training plan.
- The provided photos and videos contain evidence of continuity of following the individual training plan, for example, they contain dates in the photos / videos.

For the avoidance of doubt, the minimum number of exercises indicated in your photos/videos should be equal to the total number of exercises compiled for you according to your personalized training plan. For example, if your plan includes 5 exercises per day, the total minimum number of exercises in the photos should be at least 140 (5 exercises x 28 days).

IMPORTANT STATEMENT

Please note that only fulfilling of the above requirements allows you to receive a full refund under this “100% REFUND POLICY". To be clear, this "100% REFUND POLICY" does not apply to any other cases, including, but not limited to, the following cases:
- Some exercises from the individual training plan are not available at your place of residence.
- You believe that you (a) do not have enough time for the activities provided for in the individual training plan; (b) do not have enough skills to perform some exercises correctly.
- You do not satisfy the conditions, or you do not have an equipment necessary to perform the exercises provided for in the individual training plan.

8. DISCLAIMER OF WARRANTIES

YOU AGREE THAT SERVICE IS PROVIDED ON AN “AS IS” AND “AVAILABLE BASIS” WITHOUT WARRANTY OF ANY KIND AND THAT YOUR USE OF SERVICE IS SOLELY AT YOUR OWN RISK. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of ay information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

The Service does not provide medical services and / or medical advice. Any health information provided by the Service is for general informational purposes only and is not and cannot be a substitute for medical care in any form in whole or in part, nor does it represent a service for the provision of medical and other health advice. The Service do not qualify as a medical device or medical treatment, and, therefore, it has not been cleared or approved by any health authority under any jurisdiction. We do not guarantee the accuracy, correctness, completeness, or usefulness of the information posted on the Service.

The Service does not contain or provide a commitment to provide fitness training results to the user. The materials of the Service do not contain direct or indirect obligations to ensure compliance with the results of fitness training, or other obligations, and do not and cannot be regarded as a consultation of a doctor or specialist. You understand and agree with all these provisions, as well as that any results of using the Service do not entail our obligations to you in terms of ensuring compliance with the results of fitness training, as well as other obligations in addition to the obligations directly provided for by regulatory legal acts and these Terms. You understand that you are independently responsible for your health and use of any fitness training based on the materials of the Service is at your own risk.

The discrepancy between the results of fitness training and your expectations is possible due to the exclusively entertainment nature of the Service and cannot serve as basis for any refund or other claims except for the situation directly specified in the section "RETURN POLICY” hereof. Persons participating in the provision of the Service do not assume any responsibility for direct or indirect damage (including harm to the user's health) caused to the user as a result of using or inability to use the Service or incurred in connection with the Service; or incurred as a result of any kind of errors in the Service or interruptions in work.

9. INDEMNIFICATION

You will defend, indemnify and hold us, our affiliates, subsidiaries, parent companies, officers, agents, employees, partners, licensors, contractors, permitted successors and permitted assigns (each of the foregoing, a “INSPIRITUM Indemnitee”) harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, but not limited to, professional fees and reasonable attorneys’ fees incurred by any INSPIRITUM Indemnitee(s), to the extent directly or indirectly arising out of or resulting from:
(a) your User-Generated Content;
(b) any breach of these Terms by you or any person accessing the Service using your account;
(c) your access or use of the Service;
(d) your violation of any applicable law or regulation;
(e) your violation of the rights of any third party, including, but not limited to, privacy, intellectual property or proprietary rights with respect to your use of the Service, performance of your obligations under these Terms, or exercise of rights granted to you under these Terms;
(f) any and all claims for property damage, personal injury or bodily injury or death, to the extent caused by your breach of these Terms. You agree that we will have the right to control the defense, negotiation, and settlement of any claim subject to indemnification by you and that you will fully cooperate with us in the defense, negotiation, or settlement of any such claim, and that we will have the right to select counsel handling such defense, negotiation, or settlement in our sole discretion.

10. LIMITATION OF LIABILITY

TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE (AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSORS, CONTRACTORS, PERMITTED SUCCESSORS AND PERMITTED ASSIGNS) WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, MORAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), OR WHETHER SUCH DAMAGE WAS FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50).

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN TYPES OF DAMAGES, IN WHICH CASE SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. THE ABOVE LIMITATIONS OR EXCLUSIONS DO NOT AFFECT YOUR STATUTORY CONSUMER RIGHTS IN YOUR APPLICABLE JURISDICTION. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE, SHALL BE YOUR DISCONTINUATION OF ACCESS TO OR UTILIZATION OF THE SERVICE.

11. TERMINATION

These Terms are effective until terminated by us, at our sole discretion, at any time and without notice, or until you stop using our Service, and delete all copies in your possession, cancel any account, and cancel all active subscriptions. You may stop using the Service at any time.

Your rights under these Terms will terminate automatically if you fail to comply with any of its provisions. Upon termination of these Terms, you must cease all use of the Service and delete all copies in your possession.

Upon expiration, termination, or cancellation of these Terms for any reason, all rights and obligations of both parties to these Terms, including all licenses granted under these Terms, will immediately terminate. The provisions of these Terms that are by their nature intended to survive termination or expiration of these Terms will so survive.

12. GENERAL PROVISIONS

These Terms do not give any right to any Third Party except as otherwise may be specified in these Terms.

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.

These Terms shall be governed and construed in accordance with the laws of Cyprus.

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

All notices to be sent and received with regard to the Service or any part thereof shall be sent and received using emails as follows:
For you: email provided for registration with the Service.
For us: [email protected].

We may amend these Terms of Use from time to time. New version of these Terms shall be placed at https://easy-fitness.online/. It is your responsibility to check any updates of Terms from time to time. In case you continue use of Service after new version is placed at https://easy-fitness.online/, you deem to have agreed to be fully bound by provisions of such new version. In case of any disagreement with the updated Terms you must immediately stop using Service.