Latest Revision: November 12, 2024
It’s imperative that you scrutinize the following User Agreement
thoroughly prior to initiating the use of our Offering. Engaging with our Offering means you’ll be
adhering to this User Agreement, and by doing so, you express your concurrence.
We hold exclusive
rights to modify this User Agreement whenever we deem necessary, without any preceding intimation. The
most recent rendition of the User Agreement will always be visible within our Offering, and any changes
made will be effective right from the moment they’re uploaded. Persisting with the use of our Offering
means you accept and adhere to any modified terms.
Comprehensive Caution.
1.1. Our Offering
showcases a plethora of content types (including but not limited to videos, multimedia, text, graphics)
curated for aiding in physical regimen and dietary tweaks. All of this information is purely educative and
mustn’t be mistaken for medicinal counsel or therapeutic recommendations.
1.2. Leveraging our
Offering implicates your understanding and agreement that you retain full accountability for your health
status. Neither TABACRIS LIMITED nor its licensors shall bear responsibility for any outcomes (or lack
thereof) achieved through your endeavors.
1.3. While engaging with our Offering, adhere to the
guidelines outlined below:
• Always seek advice from a medical professional prior to venturing into
any physical routines or altering your dietary habits. Do not adopt new regimens unless greenlighted by
your medical consultant;
• You acknowledge that our Offering doesn’t replace the expertise of a
qualified healthcare professional;
• Cease any physical exertion immediately if you experience
symptoms such as lightheadedness, pain, breathlessness, or any form of discomfort;
• Recognize the
inherent risks associated with physical activities. If you decide to partake, you concur that (1) you’re
doing so at your discretion, (2) you’re willingly undertaking these actions, and (3) you’re cognizant and
accepting of potential risks.
1.4. It’s presumed you maintain a health status that permits physical
endeavors. If you or your kin have previously encountered cardiovascular issues, experienced chest
discomfort during exertions, or have other medical histories, it’s advisable to refrain from rigorous
activities. Smokers, individuals with elevated cholesterol, obesity issues, or orthopedic concerns might
find intensified physical activities exacerbating their condition.
1.5. By agreeing to this, you
understand that we won’t be accountable for any harm or damages that might arise from your engagement
with, or inability to engage with our Offering.
Licensing and Content Rights.
2.1. We bestow
upon you a revocable, global, non-transferable, and non-exclusive permit to access and employ our Offering
strictly for individual and non-commercial intents, contingent upon the relevant remuneration and in
tandem with this User Agreement.
2.2. This accorded license commences the moment you engage with our
Offering and culminates upon the discontinuation of this User Agreement, consistent with the “Termination”
clause included herein.
2.3. All elements within our Offering are safeguarded by copyright along with
other proprietary rights. This protection stands irrefutable across all formats, mediums, and
technologies, whether presently in existence or developed subsequently.
2.4. Interaction with our
Offering does not confer any rights to you regarding its content, encompassing but not limited to videos,
multimedia, images, logos, or other intellectual properties.
2.5. You’re strictly prohibited from
replicating, tweaking, augmenting, erasing, broadcasting, disseminating, deriving, producing, or vending
any products rooted in our Offering or its integral content.
Account Setup and Management.
3.1.
Engaging with our Offering necessitates setting up a user profile (“Profile”). This process will require
certain personal details. Our handling of this information aligns with our Data Protection Declaration.
3.2.
During the Profile setup, you’re obligated to provide precise and comprehensive details and are
responsible for their continued accuracy.
3.3. Safeguarding the confidentiality of your Profile
details (including your login credentials) rests solely with you. We won’t bear any responsibility for
activities under your Profile resulting from any misplaced or shared login details.
3.4. Given our
inability to distinctly identify individual users of the Offering via the Profile, we shall not bear any
loss you incur due to unauthorized access and utilization by a third party.
3.5. To initiate a
Profile and interact with our Offering, you must be 18 or older and not prohibited from accessing our
Offering by relevant laws. If you come across someone below 18 using our Offering, kindly notify us
at [email protected], and we will undertake necessary actions to eliminate their Profile and data.
3.6.
Profile termination is achievable upon sending an appropriate request to [email protected]. Though active
subscriptions will be halted, refunds are only viable under circumstances outlined in the “Reimbursement
Guidelines” section.
Offered Features within our Offering.
4.1. Our Offering grants access to
modules spanning areas like flexibility exercises, weight reduction techniques, dance-inspired workouts,
amongst others, coupled with dietary guidance. Every module comprises a logically sequenced series of
exercises, tailored as per your selected preference and an aligned diet plan.
4.2. All performance
metrics related to a given module, which include potential outcomes from adhering to the exercise and diet
regimes over a duration, are indicative and might vary. The actual results you achieve could differ based
on personal health, habits, and physiology.
Transaction Protocols. Payments are channeled through one
of the accessible third-party payment intermediaries, adhering to their stipulated procedures.
Pricing
and Computation Framework.
6.1. We present a four-day trial subscription at a nominal rate of 0.99
USD. If the subscription isn't terminated before the trial's culmination (spanning ninety-six
hours), an automated deduction of 24.99 USD for a mounth-long subscription ensues. It's crucial to
note that trial offerings, if any, are distinctly indicated before finalizing the purchase. In its
absence, the subscription is acquired sans trial. Occasionally, we might roll out promotions, discounted
rates, or other enticing propositions.
The months subscription undergoes automatic renewals unless
halted.
For a comprehensive understanding, delve into the service's current pricing structure.
One-time
trial at 0.99 USD for 4 days entails: Profile access, 4-day dietary and workout regimes.
Months rate
of 24.99 USD covers: Continuous Profile access and months dietary and exercise plans.
6.2. A singular
payment option offers a 6-month access post-payment at a rate of 99.99 USD. This covers: Uninterrupted
Profile access and admittance.
6.2. A singular payment option offers a six-month access post-payment
at a rate of 99.99 USD. This covers: Uninterrupted Profile access and admittance.
Reimbursement
Protocols.
7.1. Refunds are permissible exclusively when there’s a payment without subsequent Product
access (“Access Discrepancies”).
7.2. For any Access Discrepancies, kindly reach us
at [email protected]. We commit to rectifying Access Discrepancies within a span of 14 days
post-notification. If unresolvable within this timeframe, a refund will be processed.
7.3. Refunds
are processed using the original mode of payment, conforming to the protocols of the concerned third-party
payment handler.
7.4. Lack of Product utilization, either partially or wholly, irrespective of the
reason, does not entitle you to a refund. By transacting, you acknowledge uninterrupted access and the
right to use the Product, adhering to the Terms of Use. Our purview doesn’t cover the frequency or manner
of your Product engagement.
7.5. & 7.6. Ceasing the Terms of Use, either by you or due to your
non-compliance, negates refund eligibility for payments already made.
7.7. If we proactively cease
the Terms of Use and you’ve adhered to all conditions with no violations, a prorated refund corresponding
to inaccessible Product days post-termination will be processed.
Subscription Renewal Mechanism.
Upon
subscribing, you consent to automatic renewals. To disable this, adjustments can be made in your Profile
settings.
Customer Assistance.
For any technical discrepancies, glitches, inaccuracies, or
Product malfunctions, relay your concerns to [email protected].
Usage Constraints for our
Product.
Engaging with our Product mandates the following:
• Refrain from exploiting the Product
and its content (videos, visuals, text, images, etc.) for commercial gains, or any manner inconsistent
with the Terms of Use or prevailing legislation.
• Avoid uploading personal details of others, such
as residential addresses, contact numbers, passport data, email IDs, etc.
• Refrain from advertising,
promoting, or posting commercial content.
• Do not malign, disrespect, or infringe upon the rights of
other users, entities, or collectives.
• Tampering with the Product’s software code or attempting to
modify its functionality is strictly prohibited.
• Unauthorized access endeavors to any section or
functionality of our Product or related servers, systems, or networks, be it via hacking, DDoS attacks,
password mining, or other unlawful methods, are strictly forbidden.
Usage of Feedback and
Suggestions.
You acknowledge that any feedback, suggestions, or comments you provide regarding our
Product is non-confidential. By sharing such feedback, you grant us an endless, global license to utilize
all feedback, comments, and suggestions you share with us. This is without notification, compensation, or
recognition to you, and can be for varied purposes, including but not limited to enhancing and promoting
our Product.
External Platforms and Websites.
Our Product might have links directing to
third-party platforms or websites not managed by us. Such links are merely for reference. We neither
control these third-party platforms nor take responsibility for their content. We disclaim responsibility
for their content, usability, or your interactions with them. Featuring these links doesn’t suggest our
endorsement of the content or perspectives they present.
Advertising.
Advertisements,
promotional materials, or sponsorship content (referred to as “Ads”) might be displayed on our Product.
You acknowledge our limited control over Ad content. We disclaim responsibility for errors in Ads or any
negative consequences from interacting with them. This includes decisions made based on Ads or any
services/products offered within them.
Absence of Guarantees.
We offer our Product “as is”,
without any guarantees, explicit or implied. This means we don’t promise uninterrupted use or that errors
will be rectified. We also don’t assure that our Product will cater to your requirements. All interactions
with our Product are at your discretion.
Your Liability Shield for Us.
You commit to defend and
safeguard us, including our authorized officials, employees, partners, licensors, agents, successors, and
representatives, against any third-party claims that arise from your breach of these Terms of Use or any
unlawful use of our Product, covering all liabilities, expenses, damages, and attorney fees.
Limiting
Our Responsibility.
16.1. We won’t be accountable for any direct or indirect damages you might face,
including profit losses, business reputation, data, or any other intangible losses, irrespective of
whether we had prior knowledge of such potential losses.
16.2. If for any reason our liability is not
exempted under the law, our total liability for any claims regarding our Product is capped at 100.00
USD.
16.3. We cannot be held responsible for any lags or failures when such issues arise from
circumstances outside our reasonable control, like natural disasters, wars, governmental actions, internet
disruptions, power or transportation shortages, or other unforeseen events.
Termination.
17.1.
You may end these Terms of Use whenever you wish by simply unsubscribing, requesting the deletion of your
Account, and ceasing the use of our Product.
17.2. Should you breach any of these Terms of Use, we
hold the right to terminate them without giving you prior notice.
17.3. We also reserve the right to
terminate these Terms of Use at our discretion by notifying you, irrespective of the reason.
17.4.
Upon termination, you must immediately cease using our Product.
17.5. Any outstanding financial
obligations to TABACRIS LIMITED will remain until fully settled.
Governing Law.
18.1. Matters
not specified in these Terms of Use will be dictated by the laws relevant to TABACRIS LIMITED.
18.2.
Both parties commit to amicably resolving any disputes or issues arising from these Terms of Use. If any
disagreements occur, the aggrieved party will communicate their concerns to the other. Disputes unresolved
through dialogue will be decided upon by a competent court at TABACRIS LIMITED‘s location.
Miscellaneous.
19.1.
Severability. Should any provision of these Terms of Use be deemed unlawful, void, or unenforceable, the
remaining provisions shall remain in effect. We’ll strive to replace invalid provisions with valid ones
that capture the initial intent.
19.2. Complete Agreement. This document embodies the entire
understanding between you and TABACRIS LIMITED, overriding any previous agreements or discussions about
these subjects.
19.3. Headings and Interpretation. The headings in these Terms of Use are solely for
clarity and carry no legal weight. The term “including” implies “including but not limited to”.
19.4.
Transfer of Rights. You cannot transfer or assign your rights or obligations under these Terms of Use
without our express written permission. Conversely, we can assign these Terms without needing your
consent. These Terms of Use will apply to any assignees.
19.5. Relationship Definition. You engage
with us as an independent entity. Neither party can act as an agent or partner for the other.
19.6.
Rights Not Waived. Should we not enforce a particular right or provision of these Terms of Use, this
doesn’t imply a waiver of such a right or provision.