Last Updated: March 27, 2024
Version No. 1.0Thank you for using MevoLife, a website, service, and platform that provides Software-as-a-Service (SaaS) and a Commerce Platform to fitness businesses (“Merchants” or “Sellers”) and a Marketplace to fitness-seeking users (“Clients”), and various other facilitation Services between both.
When you access and/or use the Website, Platform, and Platform Services of the Company, its affiliates, distributors, service providers, or third-party services relating to the Company (together, “MevoLife”, “we”, “our”, “us”, or the “Company”) available at and/or through the Website, or Platform Services via any of its Domains, including but not limited to content, functionality, products, and any other interactions and engagements, collectively the (“Platform Services”), you agree to the terms of this agreement. So please read these Terms carefully.
“You” or “Your(s)” or “Their” shall mean the "User(s)" of the Platform who view, access, use or utilize any of the Platform Services in any way via any medium.
These Terms and Conditions, hereinafter “Terms” (together with the documents referred to in it) set out the conditions on which you access and/or make use of mevolife.com, its Domains, subdomains, and any associated domains and mobile applications.
Collectively, this document along with the License Agreement, the Terms and Conditions (the “Terms”), the Commercial Sales Terms, the Privacy Policy, and Data Processing Agreement govern the User(s) use of the Platform and Platform Services.
Interpretation
The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For these Terms, the following definitions shall be used:
“Account” shall mean a unique account created for the Customer(s) to access the Platform and the Platform Service or parts of the Services, whether for access, purchase, use, or any utilization thereof.
“Affiliate” shall mean an entity whose control is controlled by or is under common control with a party, whereas "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
“Approved Gateway” means any PSP payment provider linked Gateway that is approved and allowed by the Company to be integrated and/or connected to its Platform.
“Brand” shall mean the trademark - “MevoLife” and other associated copyrights, trademarks, registrations, and other Intellectual Property Rights for the name under which the Company markets and operates its Platform Services and Products worldwide. The Company certifies that the Company has the full authority and power to use the Intellectual Property from the Company’s licensors.
“Business Day” means any weekday other than a bank or public holiday in the country of Licensor registration.
“Client” shall mean an individual or legal entity seeking the Product(s) from the Merchant via the Platform or Platform Services.
“Company Commission” or “Commission” shall mean the amount of compensation for the Platform or Platform Services paid to the Company by the Customer(s).
“Company Gateway” shall mean the Company's payment receivable method for the purchase amounts from Customer(s) for the SaaS Products using the Company's PSP payment provider account.
“Content” shall mean content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by the User(s), regardless of the form of that content.
"Customer" shall mean an individual or legal entity, and with a combined reference to the Merchant and the Client of the Platform or Platform Services.
“Device” shall mean any device that can access the Service, such as a computer, a smartphone, a digital tablet, or any other format that can access the Platform Services whether natively or via web.
"Domains" shall mean the domains, including the sub-domains and any associated domains and subdomains, of any party or its associated parties.
“Effective Date” means the date of execution of this Agreement.
“Feedback” shall mean feedback, innovations, or suggestions sent by the Customer(s) regarding the attributes, performance, or features of the Platform Services.
“Gateway” shall mean the PSP Payment Processor integration to process all transactions on the Platform or Platform Services, which supports online and offline mediums, which the Payment Processor supports.
“Intellectual Property Rights” means all intellectual property rights anywhere in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights, and these Intellectual Property Rights include copyright and related rights, database rights, confidential information trade secrets, know-how, business names, trade names, trademarks, service mark passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs.
“License” means the limited right to access and use the Platform or Platform Services granted by the Licensor to the Licensee for a specific period of time, limited number of users, at the Licensee’s location and on a limited number of devices, and other conditions set in the License Agreement and Terms.
“License Agreement” means a written agreement for the License between “Licensor” and the User(s) (hereinafter referred to as the “Licensee”) to access and use the Platform and Platform Services and in accordance with the conditions set in the License Agreement and Terms.
“Licensee” shall mean any party authorized by the Licensor to use the Platform Services and who has direct or indirect access to the Platform or Platform Services.
“Licensor” shall mean APEX SYNERGIES DMCC, a company incorporated under the laws of the United Arab Emirates.
“Marketplace” shall mean the ability provided by the Platform or Platform Services to the Client(s) to discover, connect, and buy the Product(s) of the Merchant(s) via the Platform or Platform Services, using any Authorized Gateway.
“Marketplace Client” shall mean any type of Client, either directly of the Marketplace or who is added to the Platform by the Merchant as a Preexisting Client but further engages with other Merchant(s) on the Platform or Platform Services.
“Merchant” or "Seller" shall mean the suppliers in the field of professional fitness, whether an individual (trainers, coaches, nutritionists), or a legal entity (gyms, health clubs), and other sellers of the “Product(s)”.
“Merchant Gateway” shall mean the Merchant’s payment receivable account on the Platform, where the Merchant can get the purchase amounts of Product(s) payments directly from the Client(s) through the Merchant’s own PSP. The Merchant Gateway must comply with the "Authorized Gateway(s)" of the Company, and must be integrated into the Platform, and the Merchant's Gateway Account must be connected, set up, and activated on the Platform.
"Mobile Applications" or "Mobile Apps" shall mean any apps developed by the Company for User(s) mobile access, computing, or usage of related Platform Services over mobile phone handsets, or other mobility-related devices such as tablets.
“Order” shall mean the procedure of ordering or orders placed for the Product(s) over the Platform, through any Platform Services by the Client(s) from the Merchant(s) or from the Company.
“Payment Processor” or “PSP” shall mean all Approved Gateways integrated and supported on the Platform to enable commerce offline or online, licensed payment provider for collecting, sending and refunding the funds.
“Pay Go” shall mean the use of the Platform's Gateway by the Merchant(s) to enable commerce to receive payments from the Client(s).
“Pay Pro” shall mean the use of the Merchant's Gateway by the Merchant(s) to enable commerce to receive payments from the Client(s) directly into the Merchant's Gateway account from the PSP.
“Platform” shall mean the overarching digital space that resides on top of the software or the technology provided by the Company, which is accessed by the User(s) and is interconnected with various services, including the ones provided and activated by the Company, its affiliates, associates, partners, distributors, service providers, or third parties, or on behalf of the licensor to facilitate the performance of all Content, information, functionality, purchases, subscription, sales, services and support towards the User(s). The Platform encompasses Website, Software, Mobile Apps, SaaS, SaaS Product(s), Product(s), White Label Product(s), Gateway(s), services, Marketplace, and all other elements that are accessible, usable, or operational for User(s) both online and offline, seeking to utilize any provided services. Wherever ‘Platform’ is mentioned, it shall infer to and include the ‘Platform Services’ as part of and within its meaning.
“Platform Gateway” shall mean the payment receivable method for the purchase amounts or the Product(s) from the Client(s) through the Platform’s PSP. The Merchant(s) can use the Platform’s Gateway if the Merchant(s) does (do) not have the Merchant’s Gateway.
“Platform Services” shall mean any access, making use of, and/or utilization of the Website, Platform, Software, Mobile Apps, other services, and any other engagements available at and/or through the Website or the Platform, including but not limited to mevolife.com, its domains or subdomains, and/or the domains of any affiliates, distributors, service providers, third-party services, integrated services, and mobile applications by the User(s). Wherever ‘Platform Services’ is mentioned, it shall infer to and include the ‘Platform’ as part of and within its meaning.
“Platform Support” means any potential support provided to the Customer(s) of the Platform or Platform Services, such as help and support provided over online or other mediums, service packs, and/or new Platform versions if and when made available by the Licensor.
“Preexisting Client” shall mean any type of Client who is added to the Platform by the Merchant to his Client list if the Client is a preexisting direct client of the Merchant's business.
“Product” shall mean any Goods and Services (including Digital Goods & Services, and Physical Products) on the Platform or Platform Services that are fitness-related, or under any other approved product categories over the Platform, for sale or sold via any Approved Gateway.
“Product’s Exchange” shall mean the new Product in lieu of the not accepted or unclaimed Product by the Client, which shall be sent by the Merchant to the Client.
“Product’s Purchase Price” shall mean the final price payable for the Product(s) by the Client(s), after reducing any discounts or promotions, but exclusive of taxes, defined on the Platform by the Merchant, according to these Terms.
“Refund” shall mean the procedure of returning the paid funds for the Product(s) to the Client by the Merchant.
“Return” shall mean the procedure of returning the Product(s) from the Client to the Merchant.
“SaaS” or “SaaS Platform” shall mean the ‘Software-as-a-Service’, which is part of the Software and sold in such a model that is mainly made available for access via online medium, web, and mobile apps and includes various SaaS Products.
“SaaS Product” shall mean the SaaS Platform feature sets that are divided into various “Plans” and “Add-Ons”, including associated Platform Services. These Plans and Add-Ons may be available as free trials and/or purchased at various price points on subscription or one-time/usage-based payment models for access, usage, and utilization by the Customer(s). SaaS Product(s) shall also include White Label Product(s) that are sold as Plans and/or Add-Ons, unless there is a separate agreement that sets forth the specific terms and conditions thereof acceptable to the Company. That agreement (the “White Label Service Level Agreement”) will also incorporate these Terms as well as certain mandatory additional terms.
“Sales” shall mean any released sales made by the Company or the Merchant to any type of Customer(s) through any Approved Gateway on any Platform Services, including the Marketplace.
“Software” shall mean the application programs, including but not limited to any object code and updates, hosting, maintenance and support applications and materials, functional and technical specification described, whether online or offline, Admin Apps - Web and App-based Content Management System (“CMS”), including all current and future systems, modules and features; the Brand Website and App; White Label Product(s); Marketplace Website and App.
“Third-Party Social Media Service” shall mean any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available on the Platform or Platform Services.
"User" shall mean any individual or legal entity who views, accesses, uses, or utilizes the Website, the Platform, or the Platform Services, and with a combined reference to the Customer(s) and the Visitor(s).
"Visitor" shall mean any user who visits, views, accesses, or makes use or utilization of any Platform Service, whether direct or via any intermediary, and who may or may not have an Account on the Platform. It shall also include any person/entity who is not directly covered under the existing definition of the Customer(s), and who may be associated with the Company or the Customer(s), Distributors, Partners, Affiliates, Employees, Corporate Clients, or any other associated or un-associated or un-identified person/entity.
"Website" shall mean the domain - mevolife.com, its subdomains, and/or any affiliates, distributors, service providers, or third-party services and/or integrated domains and subdomains, and mobile applications.
“White Label Product” or “White Labeled Product” shall mean those generic and readymade client-facing products that are specifically made available by the Company to be allowed for rebranding by the Merchant and maintain the Merchant’s brand identity on them - “White Label Website” and “White Label Mobile Apps”, but utilizes the rest of the Platform and interconnected Platform Services that are for Merchant's access and use only.
- 1.1 These Terms are a binding legal agreement between the User(s) and the Company.
- 1.2 By using the Platform Services, the User(s) are agreeing to these Terms and confirming that the User(s) will comply with all policies and terms associated with the Platform Services, including but not limited to the Platform’s License Agreement, the Terms and Conditions (the “Terms”), the Commercial Sales Terms, the Privacy Policy, and Data Processing Agreement
- 1.3 The purpose of these Terms is to outline permissible use of the Platform by User(s) including but not limited to:
- • Get access to, use, or utilize the Platform Services in any way, with or without an account;
- • Signup, try, buy, or subscribe to any SaaS products, plans, add-ons, tools etc.;
- • To include purchase of subscription plans and/or add-ons, according to the applicable terms of the Commercial Sales Terms.
- • To access any content, features or functions over any medium of the Platform Services;
- • Sell and buy the Product(s), including the Digital Goods & Services, Physical Products on the Platform or the Marketplace,and other Platform Services;
- • Create an account on the Platform of any kind;
- • Implement the Pay Pro service;
- • Use the Pay Go service;
- • Use of any other additional service or other Platform Services based usage or services;
- • Use the Trial period and subscriptions according to the applicable terms of the Commercial Sales Terms
- • To allow Merchant(s) to publish, distribute, sell and promote the Merchant Product(s), brand, services, content, and any relevant information of the Merchant to User(s) over any permissible medium, such as Merchant Website and Apps facilitated and hosted using the Platform or Platform Services, including the White Label Product(s).
- 1.4. We reserve the right, at the Company’s sole discretion, to modify these Terms at any time. In such an event, the Company will notify the Merchant and User(s) by email and/or through the Platform Services. Continued access or use of the Platform Services after any such modification constitutes the User(s) agreement to such changes.
- 1.5. Ownership and Rights to Access, Use, and/or Utilize the Platform Services: By using the Platform Services and subject to the User(s) compliance with these Terms:
- (i) The Company and our licensors grant to the User(s) a limited, personal, non-exclusive, non-transferable, revocable right to access, use and/or utilize the Platform Services; and
- (ii) The User(s) agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sub-license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Platform Services without the express prior written permission of the Company; and
- (iii) Neither these Terms nor the User’(s’) access to, use, and/or utilization of the Platform Services transfers to the User(s) and/or any third party any rights, title, and/or interest in any intellectual property rights related to the Platform or Platform Services.
- 1.6. Reservation of Rights : The Platform Services and those of the Company’s licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties. Subject to the limited rights expressly granted hereunder, the Company and/or its third-party providers, distributors, affiliates, service providers, licensors, and suppliers reserve all rights, title, and interest in and to the Platform, including without limitation, all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
- 2.1. To list, sell, buy, and subscribe to any Products on the Platform, use and utilize certain Platform Services provided by the Company, and access the Platform, the User(s) must create an Account on the Platform.
- 2.2. By creating an Account on the Platform, the User(s) warrant the following:
- 2.2.1. The User(s) is a legal entity represented by the authorized representative or an individual over the age of 18 years, having the full legal capacity to enter into a contract under these Terms;
- 2.2.2. The User(s) will fulfill the orders and payments on time and in compliance with the standards and policies of the Platform;;
- 2.2.3. The information provided by the User(s) is accurate, complete, and up to date;
- 2.2.4. The User’(s’) use of the Platform Services complies with these Terms and all other agreements signed between parties (if any);
- 2.2.5. The User’(s’) use of the Service complies with applicable laws and regulations to this relationship and use of the Platform and Platform Services.
- 2.3. The User(s) are responsible for maintaining the confidentiality of the User’(s’) Account information, including password, and for all activity that occurs under the User’(s’) Account. The User(s) agree to notify the Company immediately of any unauthorized use of the User’(s’) Account or password or any other security breach. The User(s) may not share the password or other Account access information with any other party, temporarily or permanently, and the User’(s’) agree to accept responsibility for all activities that occur under the User’(s’) Account or password, whether or not the User(s) have authorized such activities.
- 2.4. The Merchant(s) and/or any Client(s) who are Corporate Customer(s) confirm that any Platform Services provided by the Company are to carry on a business activity and not for any personal, household, or family purpose. The Merchant(s) and/or any Client(s) who are Corporate Customer(s) also explicitly indicate and accept that these services are for professional use only and that this is a business transaction to which consumer rules do not apply.
- 2.5. The User(s) agrees not to reproduce, duplicate, copy, license, sub-license, sell, resell, or exploit any portion of the Platform Services without the express written permission of the Company.
- 2.6. Use of Services and Availability: The Company retains the right, in its sole and absolute discretion, to deny access to and/or use of the Platform Services to anyone at any time and for any reason. While the Company uses reasonable efforts to keep the Platform Services accessible, the Platform Services may be unavailable from time to time. The User(s) understand and agree that there may be interruptions to the Platform Services and/or use of and/or access to the Customer(s) Account due to circumstances both within our control (e.g., routine maintenance) and outside of the Company’s control. The User(s) are solely responsible for ensuring that the User(s) access to and/or use of the Platform and Platform Services complies with all laws, rules, and regulations applicable to you and the right to access and/or use the Platform Services is revoked where your access to and/or use of the Platform Services is prohibited. Further, the Platform Services are offered only for one person or one entity use, per one account, and/or in compliance with the applicable terms of the Commercial Sales Terms that are currently subscribed, and not for the use and/or benefit of any third party.
- 2.7. Creating an Account: To sign up, access, use, and/or utilize a certain level of the Platform and Platform Services, the User(s) must create an Account. The Customer Account is required to (i) indicate agreement to these Terms, (ii) provide contact information, and (iii) submit any other form of authentication required during the registration process, as determined by the Company in its sole and absolute discretion. The Customer agrees not to create an Account and/or use the Platform and the Platform Services if such Customer has been previously removed by the Company and/or banned from the Platform. The Customer agrees that the Company will not be liable to the Customer and/or to any third party for any suspension and/or termination of the Customer Account and/or any refusal of any access to and/or use of the Platform Services (or any portion thereof). The Customer must provide accurate and complete information and keep the Customer Account information updated. The Customer shall not: (a) select and/or use as a username a name of another person with the intent to impersonate that person; and/or (b) use as a username a name that is otherwise offensive, vulgar, and/or obscene. Each Customer is solely responsible for maintaining the security of their/her/his Account, and the Customer is fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. The Customer’s user license is non-transferable and may not be sold, combined, and/or otherwise shared with any other person. A user license must be used by one assigned individual/legal entity only and/or according to the provisions of the Commercial Sales Terms currently subscribed. If the Customer violates these Terms, the Company may terminate the Account immediately. The Customer must notify the Company immediately of any change in the Customer’s eligibility to use the Platform and the Platform Services (including any changes to and/or revocation of any licenses from state authorities), breach of security, and/or unauthorized access to and/or use of Account. The Customer must never publish, distribute, and/or post login information for the Account. If the Company terminates the Customer’s Account, such a Customer may not subscribe under a new Account unless the Company formally invites such a Customer in writing.
- 2.8. Publicity and Communication: By signing up or entering into a commercial or business relationship with us, the Customer(s) agree to allow us to announce new client agreements or closures on our Platform, Platform Services, social media platforms, or other 3rd Party sites. If the Customer(s) do not wish for us to make such announcements, please let us know in writing before the start of such a business relationship.
- 2.9. Visitors: Visitors have the right to access a certain level of the Platform and Platform Services, which are available and kept open by the Company for Visitors without creating an Account on the Platform.
- 3.1 The Commerce Terms become applicable on a number of individual or collective conditions, and accordingly, such Commercial Sales Terms shall apply:
- 3.1.1 The type of User(s): whether a “Customer(s)”, or “Client(s)”, or a “Visitor(s)”;
- 3.2.2 The type of service: whether a “SaaS Product(s)”, or “Digital Good(s)”, or “Digital Service(s)”, or “Physical Product(s)”;
- 3.2.3 The type of interaction: whether with the “Company”, or the “Merchant” or the “Marketplace”;
- 3.2.4 The type of commerce medium used: whether the “Company Gateway”, or the “Platform Gateway”, or the “Merchant Gateway”;
- 3.2 Based on the above conditions, one or more of the following Commerce Terms may be applicable to you:
- 3.2.1 SaaS Platform Terms. These Terms of Use ("Terms") become effective upon accessing, signing up, trying, using, utilizing, subscribing to, or purchasing any Software as a Service (SaaS) Products offered through the Platform Services. The comprehensive details of the commercial terms pertinent to SaaS products are elucidated in the "Commercial Sales Terms”. Furthermore, your usage is subject to additional governance by the "Commercial Addendum”.
- 3.2.2 Merchant Sales Terms.These Terms of Use ("Terms") are mandatory upon accessing, signing up, trying, using, utilizing, subscribing to, or purchasing any Products provided by the Merchant(s) to Preexisting Client(s) through the Platform Services. All pertinent commercial terms for Merchant Sales are detailed in the "Commercial Sales Terms)”. In such instances, your usage is subject to additional governance by the “Commercial Addendum”.
- 3.2.3 Marketplace Sales. These Terms of Use ("Terms") are obligatory upon accessing, signing up, trying, using, utilizing, subscribing to, or purchasing any Products provided by the Merchant(s) to the Marketplace-based Client(s) through the Platform Services. All pertinent commercial terms for Marketplace Sales are elucidated in the "Commercial Sales Terms”. In such cases, your usage is subject to additional governance by the "Commercial Addendum”.
- 4.1. As a part of the Platform, the Company may offer additional services that are designed to provide additional features and/or improve the experience of the User(s). These services are optional and may come with additional charges.
- 4.2. The nature, scope, cost, and availability of these additional services will be made available on the Platform. By choosing to use these services, the User(s) agree to comply with any additional terms and conditions and pay any fees associated with these services according to these Terms.
- 4.3. The Company reserves the right to modify, add, or remove these additional services and/or their price and/or charges at any time without prior notice to the User(s). However, changes will not affect any orders already placed and confirmed
- 4.4. WHITE LABEL PRODUCTS
- 4.4.1. Any right to offer a White Labeled Product(s) of the Platform Services is subject to the Merchant(s) agreement of these additional terms, applicable towards White Labeled Product(s).
- 4.4.2. We permit the Merchant(s) on a subscription and purchase of such White Label Products a special, supplemental right to employ the configuration tools available on our Platform and Platform Services to display the Merchant(s)’ brand name(s) to Client(s) while masking the brand names of MevoLife on such White Label Product(s), under the terms of this agreement.
- 4.4.3. The Merchant(s) is not authorized to associate its business and brands with any trademark, service mark, trade name, logo, advertising, or other commercial symbols confusingly similar to our Marks, nor to state or imply that MevoLife endorses Merchant(s) business, products or services.
- 4.4.4. A subscription to White Label Product(s) on our Platform does not include the configuration of the Platform by us for the utilization of the White Label Product(s) or the Platform Services. The Company provides guidance and training materials to the Merchant(s) to configure the Platform, but the Company would not be responsible for configuring the Platform; the Merchant(s) would have to complete the configuration themselves or subscribe to such support or configuration-based Plans or Add-ons if and when available on our Platform.
- 4.4.5. The White Label Product offering is limited to only having the same product that can be used as it is, with features available as per the Plan and/or Add-on version subscribed to by the Merchant(s) with no level of customization of the user interface, functionality/features of the Platform or Platform Services or anything else on the part of the Platform or the Company, except for the minimal level of customization tools for branding and customization flexibility provided on such White Label Product(s) via the CMS, that allow such customization of the White Label Product’s User Interface that appears to Merchant’s Client(s) or its User(s).
- 4.4.6. A White Label Product is essentially a Front-End User Interface (UI) based wrapper, customized for and/or by the Merchant(s) with such features as made available by the Platform from time to time, like background, font colors, styling, themes, logos, screen background, color combinations and other such styles and styling features of the Merchant(s)’ brand and incorporated by the Merchant utilizing the Platform and Platform Services.
- 4.4.7 White Label Products only infers to the products defined in the Definition of this overall Agreement, and except for these, nothing else in the Platform, whether express or implied, is included with these specific terms for White Label Products, including but not limited to the CMS, System, Services, Products, Platform, Platform Services, or anything else in the entirety of the Platform Services.
- 4.4.8. Merchant(s) is permitted to have the right to be able to interact with the Client, list, sell, support their plans and Products, provide information and services, and other such features and provisions that are available to them in the White Label Product(s).
- 4.4.9. The White Label Products shall support commerce through the ‘Approved Gateways’ of the Company, and the Merchant(s) is required to have the “Pay Go” or “Pay Pro” account to run the commerce services for sales of their Products.
- 4.4.10. White Label Product may require a subscription to other Plans/Add-ns of the Platform and Platform Services, for the Merchant(s) to be able to utilize the White Label Product services.
- 4.4.11. Ownership of Intellectual Property on White Labeled Products and Services is and remains the property of the Company and/or its Affiliates.
- 4.4.12. The intellectual property rights of the Merchant(s), remains the property of the Merchant(s), including all copyright, trademark, design, imagery, logos, content, information and such other data that is configured and made available on the White Label Product(s) by the Merchant(s).
- 4.4.13. Nothing in these special terms for the White Label Products infers to or allows the Merchant(s) to resell, license, or sub-license the White Label Product, or the Platform and Platform Services in any way, unless there is a separate agreement that sets forth the specific terms and conditions thereof acceptable to the Company. That agreement (the “White Label Service Level Agreement”) will also incorporate these Terms as well as certain mandatory additional terms.
- 4.4.14. The Merchant(s) can publish, distribute, sell and promote the Merchant Product(s), and the Merchant White Labeled Product(s) to its Client(s) that are facilitated and hosted using the Platform or Platform Services under the applicable License Terms.
- 4.4.15. Merchant(s) will indemnify, defend, and hold the Company harmless from and against all losses, etc. that result from Merchant(s)’ customization and operation of the White Label Products, including IP claims, Client(s) claims, User(s) claims, or any other claims.
- 4.4.16. White Label Products allows for the Merchant(s) brand’s customization of the User Interface as provided in the functionality of the Platform and Platform Services, However, such customization shall not include the addition of any functionality or the incorporation of new features/functionality or any other service, unless mutually agreed by the Company and the Merchant(s) for a separate consideration and terms between the Company and the Merchant(s). Any such additional features/functionality/services if incorporated, including under the additional consideration made to the Company, will remain the exclusive rights and property of the Company with absolutely no rights to the Merchant(s), and will be licensed or made available to other Merchant(s) at the Company’s sole discretion under existing or new Plans/Add-Ons, with no communication or consideration towards the Merchant(s).
- 5.1. General Violation and Consequences: Violation of these Terms, any relevant Company policies, or any other agreement the Customer(s) have with the Company constitutes a material breach of these Terms. In such a breach, the Company reserves the right to suspend or terminate the Customer(s) Account, halt any pending transactions, and withhold any funds in the Customer(s) Account. The Company may also take further legal action as deemed necessary.
- 5.2. Reporting Violations: The Customer(s) are required to promptly report any knowledge of violations of these Terms or any suspicious activities on the Platform.
- 5.3. Investigations: The Company reserves the right to investigate any suspected breaches of these Terms and to take any action the Company deems appropriate. This includes but is not limited to reporting suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary for such individuals to investigate a potential breach, including the Customer(s) profile, email addresses, usage history, IP addresses, and traffic information.
- 5.4. Revision, Amendment, and Notification of Changes: The Company may revise or amend these Terms at any time by posting the amended terms on the Platform. The Customer(s) will be notified of any major changes to these Terms through the email address associated with the Customer(s) Account and/or through the Platform Services. The Customer(s) continued use of the Platform and the Platform Services after the effective date of any such amendments means that the Customer(s) agrees with the amendments to these Terms.
- 5.5. The following activities are prohibited:
- 5.5.1. Child Exploitation: The Merchant(s) may not offer goods or services, or post or upload any materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children sexually.
- 5.5.2. Harassment, Bullying, Defamation, and Threats: The Merchant(s) may not offer goods or services, or post or upload any materials, that harass, bully, defame or threaten a specific individual.
- 5.5.3. Hateful Content: The Merchant may not use the Platform to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status, or other forms of discriminatory intolerance. The Merchant may not use the Platform to promote or support organizations, platforms, or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
- 5.5.4. Illegal Activities: The Merchant may not offer goods or services, or post or upload any materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which the Merchant operates or does business.
- 5.5.5. Malicious and Deceptive Practices: The Merchant may not use the Platform to transmit malware or host phishing pages. The Merchant may not perform activities or upload or distribute any materials that harm or disrupt the operation of the Platform or other infrastructure of the Platform or others, including the Platform’s third-party providers. The Merchant may not use the Platform for deceptive commercial practices or any other illegal or deceptive activities.
- 5.5.6. Personal, Confidential, and Protected Health Information:
- • The Merchant may not post or upload any materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords, without the consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
- • The Merchant may not as applicably use the Platform to collect, store, or process any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of protected health information.
- • The Merchant will not use the Platform Services and the Platform to collect any sensitive personal information, such as health information (including "protected health information" as defined in 45 C.F.R. §160.103), social security numbers, financial information, payment card numbers, driver's license numbers, and passport numbers unless otherwise permitted by these Terms or the Company consented to the collection of the information in writing.
- 5.5.7. Self-Harm: The Merchant(s) may not offer Products - goods or services, or post or upload any materials that promote self-harm.
- 5.5.8. Spam: The customer(s) may not use the Platform to transmit unsolicited commercial electronic messages.
- 5.5.9. Terrorist Organizations: The Merchant may not offer Products - goods or services, or post or upload any materials that imply or promote support or funding of, or membership in a terrorist organization.
- 6.1. The Merchant shall underwrite a valid Product/Commodity Liability insurance policy under these Terms and provide the Company with proof of such insurance upon request.
- 6.2. The Merchant is willing to insure any Product(s) in the delivery to the Client(s). This is not a required action.
- 7.1. Confidentiality: The Customer(s) on the Platform may have access to certain confidential information relating to the Company, its services, and its users ("Confidential Information"). The Customer(s) agrees to keep all such Confidential Information strictly confidential and not to disclose it to any third parties without the Company's prior written consent.
- 7.2. Use of Confidential Information: The Customer(s) may only use the Confidential Information to fulfill the Customer(s) obligations and exercise the Customer(s) rights under these Terms. Any other use of the Confidential Information is strictly prohibited.
- 7.3. Data Protection: We are protecting the Personal Data of the Customer(s) according to the Company's Privacy Policy and DPA.
- 7.4. Data Security: The Company implement and use all possible features to protect the collected data on the Company's cloud storage according to the Privacy Policy
- 7.5. Breach Notification: In case of any breach of data security, the Company will notify the Customer(s) immediately regarding such an event and afford all possible actions to stop any violation or restrict any third party's access to the collected personal data.
- 7.6. Data Processing Agreement: Where applicable, the Customer(s) agree to enter into a data processing agreement with the Company to ensure the proper protection of personal data according to the Company's Privacy Policy.
- 7.7. Confidentiality of Compliance Information: All information and documents related to compliance with the Terms, including information about business methods, procedures, policies, information about resellers, and Sales information, are strictly confidential unless they are already in the public domain and shall be used only according to clause 7.2 of these Terms.
- 7.8. Liability for Data Protection Violations: The Company is liable for Data Protection violation according to the terms and conditions defined in the Company's Privacy Policy.
- 7.9. The Platform and the Platform Services materials may contain links to third-party web sources. Such linked websites are not under the Company’s control, and the Company is not responsible for their content.
- 7.10. The Company has the right to cooperate with third parties and provide your data to third parties without your written permission if you used/clicked the third party’s link on the Platform.
- 8.1. Compliance with Laws: Adherence to laws relating to consumer protection, data protection, and product safety is crucial and obligatory on the Platform.
- 8.2. Relationship of the Parties: Nothing in these Terms creates any partnership, joint venture, agency, franchise, Sales representative, or employment relationship between the Customer(s) and the Company. The Customer(s) have no authority to make or accept any offers or representations on behalf of the Company.
- 8.3. Governing Law and Jurisdiction: These Terms are governed by the laws of the jurisdiction in which the Company is based. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
- 8.4. Entire Agreement: These Terms supersede any previous agreements, arrangements, understandings, or representations (whether written or oral) between the Customer(s) and Company.
- 8.5. Changes to these Terms: The Customer(s) continued use of the Platform following any modifications will be considered as an acceptance of these changes.
- 8.6. Severability: If any provision of these Terms becomes invalid, it shall be modified to the minimum extent necessary to make it valid. If such modification is not possible, the provision shall be deemed deleted. This does not affect the validity of the rest of these Terms.
- 8.7. Waiver: No failure or delay by the Company in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.
- 8.8. Assignment: The Customer(s) may not assign the User(s) rights under these Terms without the prior written consent of the Company. However, the Company may freely assign its rights and obligations.
- 8.9. Notices: Any notices shall be sent by email to the administrative email address added to the Customer(s) Account. It is the Customer(s) responsibility to keep the email address valid. The Customer(s) will be deemed to have received any email sent to the Account when the Company sends the email.
- 9.1. Respect for Intellectual Property: Each party agrees to respect the intellectual property rights of the other party. This includes but is not limited to, all copyright, patent, trademark, design rights, trade secrets, and all other forms of intellectual property.
- 9.2. Ownership: All intellectual property rights in the services provided by the Company or based on the license from the licensor, including but not limited to any software, design, text, images, or other material used, are and will remain the property of the Company or its licensors.
- 9.3. Use of Intellectual Property: The User(s) is granted a limited, non-exclusive, revocable license to use the intellectual property of the Company solely to use the services provided by the Company under these terms. Any unauthorized use of the Company's intellectual property by the Customer(s) breaches these Terms and may also violate copyright, trademark, and other laws.
- 9.4. Notification of Infringement: If either party becomes aware of any infringement or suspected infringement of the other party’s intellectual property rights, it shall promptly notify the other party.
- 9.5. Intellectual Property Takedown Notice: If the Platform contains any materials, interfaces, logos, designs, products, or something else that is not the intellectual property of Company and Company doesn’t have licenses for using it, the licensor has the right to request to delete its intellectual property from the Platform according to the procedures defined in the Digital Millennium Copyright Act (hereinafter – “DMCA”) and/or Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC (hereinafter – “EUCD”).
- 9.6. The Company may provide the Customer(s) with the right to use a sub-domain within the Platform for one or more of the Platform Services. All such sub-domains are solely our property, and we reserve the right to determine the appearance, design, functionality, and all other aspects of such sub-domains. If we provide the Customer(s) with a sub-domain, the Customer(s) right to use it will continue only for so long as the Customer(s) are actively selling the Products on the Platform and provided the Customer(s) comply with the Terms. We may change or terminate the Customer(s)’ sub-domain or their right to use the sub-domain for any reason without notifying the Customer(s) in any way, and the Company is not obliged to provide the Customer(s) with a new sub-domain.
- 9.7 The intellectual property rights of the Merchant(s), remains the property of the Merchant(s), including all copyright, trademark, design, imagery, logos, content, information and such other data that is configured and made available on the Platform Services by the Merchant(s).
- 10.1. Termination for Breach: The Company reserves the right to terminate these Terms with immediate effect by giving written notice to the Customer(s) if the Customer(s) commits a material breach of any term of these Terms and (if such breach is remediable) fails to remedy that breach within fourteen days after being notified to do so.
- 10.2. Termination for Insolvency: The Company may terminate the Customer(s) account with immediate effect by giving written notice to the Customer(s) if the Customer(s) becomes insolvent, enters into liquidation or bankruptcy proceedings, makes an arrangement with its creditors, has a receiver or manager appointed over it or any part of its assets, or undergoes a similar or analogous event.
- 10.3. Suspension: The Company may suspend the Customer(s) access to its services under these Terms in case of any breach by the Customer(s) of these Terms pending investigation and/or remediation of that breach.
- 10.4. Termination by the User(s): The User(s) has the right to terminate these Terms by notifying the Company via email. A notice period of thirty days will be applied before the termination takes effect. The Agreement shall continue to be in force until the User(s) terminates the Platform Account, all its obligations and payments are already completed successfully, and the User(s) stops using and accessing the Platform Services completely, before the start of the termination period of 30 days.
- 11.1. The Company is not responsible for the accuracy of the Platform work and the accuracy of functionality.
- 11.2. The Company is not responsible for “user error” or the incorrect setting and using the Platform in a certain way that results in any damage to the User(s).
- 12.1. The Platform is made available to the User(s) on an “as is” and “as available” basis, with the express understanding that the Company has no obligation to monitor, control, or vet the Content or data appearing on the Platform.
- 12.2. The User(s) uses the Platform and the Platform Services at the User(s) discretion and risk and takes full responsibility for the User(s) using the Platform and the Platform Services.
- 12.3. The Company makes no claims or promises about the Platform's and Platform Services’ quality, accuracy, or reliability and expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- 12.4. By accessing or using the Platform or the Platform Services, or by clicking on the “I accept” or similar button for these Terms, the User(s) are indicating acceptance to be bound by these Terms. If the Customer(s) do not accept these Terms, the Customer(s) must not access or use the Platform or the Platform Services. If the Customer(s) are dissatisfied with these Terms or any rules, policies, guidelines, or practices applicable to the Platform or Platform Services, the Customer(s) sole and exclusive remedy is to discontinue the use of the Platform and Platform Services.
- 12.5. If the individual is entering into these Terms on behalf of a company or other legal entity, such individual represents that he/she/they have the authority to bind such an entity to these Terms and conditions, in which case the Terms will refer to such entity. If the individual does not have such authority, or if the individual does not agree with these Terms, he/she/they must not use the Platform and/or the Platform Services.
- 12.6. You explicitly indicate and accept that the Services are for professional use only and that this is a business transaction to which consumer rules do not apply.
- 3.1. The Merchant(s), including, but not limited to coaches, trainers, nutritionists, gyms, and health clubs, are the ones providing the fitness advice (via Digital Goods and Services) and fitness goods to fitness Client(s) are solely and directly responsible for all accidents, injuries, health hazards, death and other related cases, if any, with the Client(s).
- 13.2. The protection and safety of all collected data directly from the Client(s) regarding the Client's disease, ailments, allergies, and health records according to HIPAA rules, if applicable, shall be subject to the Data Protection Agreement entered into between the Merchant(s) and the Company.
- 13.3. The Merchant(s) is responsible for compliance with the HIPAA rules and regulations and processing of the Client(s) Personal Data, if applicable. The HIPAA rules and regulations are defined in our Privacy Policies.
- 13.3.1 All damages to the Client(s), related to the Merchant(s) Products are solely and direct responsibility of the Merchant(s).
- 13.4. The Company is not responsible for the quality and quantity of the provided Products and/or Digital Services by the Merchant(s).
- 13.5. The User(s) agree to indemnify, defend, and hold harmless the Company, its Affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or violation of any law or the rights of a third party, or any activity related to the User(s) Account (including negligent or wrongful conduct) by the User(s) or any other person accessing the Platform and the Platform Services using the Account.
- 13.6. Furthermore, the User(s) agrees not to bring any legal action or claim against the Company, its affiliates, or their respective officers, directors, employees, and agents for any reason whatsoever in relation to a dispute that concerns this Agreement or their use of the Platform or the Platform Services. The User(s) acknowledge and agree that the User(s) sole recourse in the event of any such dispute with the Company is to terminate the Customer(s) access and use of the Platform, the Platform Services, and the Customer(s) Account.
- 13.7. The Customer(s) understand and agree that the Customer(s) are personally responsible for their behavior on the Platform and any consequences thereof. The Customer(s) agree to comply with all applicable laws, rules, and regulations and agree not to take any action that would infringe upon the rights of others or that would restrict or inhibit others from enjoying the Platform and the Platform Services.
- 13.8. Other Disclaimers:
- 13.8.1. Tools (weight calculation, etc.)
- 13.8.1.1. 13.8.1.1. The tools that are provided on the Platform are meant for informational and educational purposes only. It's important to note that these tools cannot accurately determine the User(s) actual condition or take into account individual factors (including but not limited to: health condition, genetic makeup, body fat nutritional habits, bad habits, history of diseases, etc.). These tools are not intended to be a substitute for medical advice or diagnosis. Always consult your doctor, physician, or other qualified healthcare provider before implementing any suggestions provided by such tools. It's crucial not to disregard professional medical advice or delay seeking it because of something you have read on the Platform, Platform Services, the Company’s social media pages, or any other channels of the Company.
- 13.8.2 Platform's Nutrition Menus and Advice
- 13.8.2.1. Merchant Product(s): The Company is not responsible for screening coaches, dieticians, or any services they offer, including training programs, techniques, nutrition advice, menus, etc. The Company is not obligated to determine whether these Merchant(s) are qualified or authorized by law to provide their services or to verify the accuracy of the information they provide. It's the User(s) responsibility to do due diligence and research regarding any coaches, trainers, nutritionists, or services provided.
- 13.8.2.2. If the Merchant(s) represents themselves as a licensed coach, trainer or dietician, then they must ensure that they are licensed to provide the Product(s) or services they offer, and in the jurisdiction where they provide those Product(s) or services. By doing so, the Merchant(s) are representing and warranting that they hold a valid license for the Product(s) and services they provide.
- 13.8.3 General Training Disclaimers
- 13.8.3.1. You the User(s) acknowledge that engaging in physical activity, sports, and fitness programs carries inherent risks of injury or illness. You should always consult with a physician or other qualified healthcare provider before starting any exercise or fitness program, and you should immediately seek medical attention if you experience any symptoms such as chest pain, difficulty breathing, or dizziness.
- 13.8.3.2. If the User(s) experience any of the following symptoms during your workouts or any fitness coaching advice or any other fitness Product(s) and services, whether provided as information on the Platform Services, or by the Merchant(s), such as overheating, dizziness, fainting, fatigue, shortness of breath, or chest pain, you must stop your workout immediately and contact your physician.
- 13.8.4 General Content Disclaimers (Including Blogs)
- 13.8.4.1. All information presented on the Platform is for informational purposes only. The Company does not endorse or take responsibility for the accuracy or reliability of any opinion, advice, statement, or other information provided on the Site, Mobile applications, Platform, or Platform Services, including user-generated or Merchant(s) Content and third-party materials.
- 13.8.4.2. The Company’s content (including nutrition advice, training programs, menus, and any other content) has not been evaluated by qualified experts who can provide you with complete, accurate, or dependable information. The Company does not guarantee the accuracy, completeness, or usefulness of any such content. To the extent permitted by applicable law, the Company shall not be held responsible for any loss or damage resulting from your reliance on any such content. It is solely your responsibility to ensure that any nutrition advice, training programs, and menus you intend to use are accurate, complete, and useful.
- 13.8.4.3. The Company does not provide medical advice, and any information accessed through the Platform is intended solely for informational and educational purposes. This includes the Company’s content, Merchant(s) Content, and any other user-generated content. It's important to always consult with a qualified healthcare provider if you have any questions regarding your medical condition. Never ignore professional medical advice or delay seeking it due to something you have read on the Platform, Platform Services, the Company’s social media pages, or any other channels of the Company.
- 13.8.5 Medical Conditions and Treatments
- 13.8.5.1. Before relying on any content or using the Product(s) and services of the Merchant(s) - coaches, trainers or dietitians, beginning any dietary programs or plans, exercise regimen, or other fitness or wellness activities or plans available or accessible through the Platform or the Platform Services, it is important to seek the advice of a doctor or a medical professional with any questions you may have regarding your health. If you are currently being treated for a health condition or illness, taking prescription medication, or following a therapeutic diet to treat a disease, it is important to consult with your doctor or physician.
- 13.8.5.2. By using the Platform or services available on the Platform, you warrant, guarantee, and represent that you are not using them to seek medical attention. Additionally, you agree to consult your doctor or physician, particularly if you are at risk for problems resulting from exercise or changes in your diet, before starting exercising or going on a diet. If any information you receive or obtain from using the Site, Mobile Applications, Platform, or the Platform Services is inconsistent with the medical advice from your doctor or physician, you should follow the advice of your doctor or physician. The Company does not offer medical advice, and any information accessed through the Site, Mobile Applications, Platform, or the Platform Services is for informational and educational purposes only.
- 13.8.6 General Disclaimers not related to the Services Offered
- 13.8.6.1. We provide the Site, Mobile Applications, Platform, and the Platform Services on an "as-is" and "as-available" basis, and we (and our licensors) explicitly disclaim any warranties and conditions of any kind, whether express or implied, including but not limited to the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement, to the fullest extent permitted by applicable law. The Company (and our licensors) make no warranty that the Site, Mobile Applications, Platform, or Platform Services will:
- 13.8.6.1.1. Meet your requirements and expectations;
- 13.8.6.1.2. Be available on an uninterrupted, timely, secure, or error-free basis; or
- 13.8.6.1.3. Be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Please note that some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
These Terms do not give rise to any rights of the third parties to terminate, rescind, or agree to any amendment, waiver, variation, or settlement under or relating to these Terms are not subject to the consent of any other person.
- 15.1. As a condition of the Customer(s) use of the Platform and the Platform Services, the Customer(s) will not use the Platform and the Platform Services for any purpose that is unlawful or prohibited by these Terms. The Customer(s) may not use the Platform and the Platform Services in any manner that could damage, disable, overburden, disrupt, or impair any of the Platform’s servers or APIs, any networks connected to any of the Platform's servers or APIs, or that could interfere with any other party's use and enjoyment of the Platform and the Platform Services.
- 15.2. The Customer(s) may not exceed or circumvent, or try to exceed or circumvent, limitations in the Platform, including on any API calls, or otherwise use the Platform in a manner that violates any of the Customer(s) documentation or user manuals.
- 15.3. The Customer(s) shall not, and shall not, permit any authorized User(s) to use the Platform, the Platform Services, or any software component of the Platform for any purposes beyond the scope of the access granted in these Terms. The Customer(s) shall not at any time, directly or indirectly, and shall not permit any authorized User(s) to
- (i) Copy, modify, or create derivative works of the Platform, any software component of the Platform, in whole or in part;
- (ii) Rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform except as expressly permitted under these Terms;
- (iii) Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Platform, in whole or in part;
- (iv) Remove any proprietary notices from the Platform; or
- (v) Use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or another right of any person, or that violates any applicable law, regulation, or rule.
The Customer(s) acknowledges that they have read these Terms, understand it, and will be bound by its Terms.
- 16.1. The Company operates an anti-fraud and anti-money laundering compliance program and reserves the right to perform due diligence on all users of the Platform.
- 16.2. The Customer(s) agrees to provide the Company with all the information, documents, and access to their business premises that may be needed:
- 16.2.1. To verify the Merchant’s membership and the performance of their obligations under these terms and conditions;
- 16.2.2. For disclosure purposes, according to a valid order of a court or other governmental agency;
- 16.2.3. As required by applicable law or regulation.
- 17.1 The User(s) agrees to reasonably cooperate with the Company in resolving any disputes that arise in connection with the use of the Platform. The arbitration shall be conducted on a confidential basis before a single arbitrator mutually agreed to by the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. The arbitrator may award any prevailing party on a claim or defense some or all of its reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, out-of-pocket expenses such as copying and telephone, witness fees, and attorneys’ fees.
- 17.2 If there is a dispute between two or more persons or entities regarding account ownership, the Company will be the sole arbiter of that dispute and our decision (which may include termination or suspension of the Account) will be final and binding.
- 17.3 Arbitration Process: In the unlikely event that our customer support team is unable to resolve concerns, the User(s) and we each agree to resolve all disputes and claims between the User(s) and us, including any arising under or relating to these Terms, the User(s) use of the Platform and the Platform Services, or the User(s) and our relationship, through binding arbitration or (to the extent the claim qualifies) in small claims court, instead of in courts of general jurisdiction. As explained below, the appointed arbitrator will have the authority to enter all relief that would be available in court to the extent warranted by the claims. All arbitrations and small claims proceedings will proceed only on an individual basis. In no event may either we or the User(s) seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding, except as provided below. Binding arbitration is subject to minimal review. Only the appointed arbitrator – and not any court – will have the authority to resolve any dispute relating to these sections and these Terms, including any dispute regarding the scope, enforceability, and arbitrability of these Terms. The arbitrator shall issue a written decision or award which provides an explanation for all conclusions of law and fact. This arbitration provision will survive the termination of these Terms and any other agreement between the User(s) and the Company. These Terms evidence a transaction in interstate commerce, and the interpretation and enforcement are governed by the Federal Arbitration Act, notwithstanding the choice of law set forth below.
- 17.4 Applicability: These Terms to arbitrate apply to all legal disputes between the Merchant(s) and the Client(s), and the User(s) and the Company. It includes, but is not limited to (i) all claims relating to any aspect of the relationship between the Customer(s) and us, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) all claims that arose before this or any prior agreement (including claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or the Customer(s) use of the Platform and Platform Services.
- Notwithstanding these Terms to arbitrate, the User(s) or Company may choose to bring:
- • An action on an individual basis in small claims court (to the extent the applicable claim qualifies); or
- • Enforcement actions, validity determinations, or claims relating to theft, piracy, or unauthorized use of intellectual property in state or federal court, in the U.S. Patent or Trademark Office to protect the Customer(s) or our Intellectual Property Rights. "Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.
- • In addition, the portion of any dispute or complaint relating to our participation in the US-EU or US-Swiss Privacy Shield Frameworks is subject to the Dispute Resolution section of our Privacy Policy before being subject to this Section.
- 17.5 Selection of Arbitration and Place: The place of Arbitration is the United States of America, Delaware or another location mutually agreeable to the parties. The selection of Arbitration is up to the discretion of the Company.
- 18.1. As a global Company based in the United States with operations in other countries, we comply with certain export controls and economic sanctions laws. The Customer(s) should familiarize themselves with these restrictions, regardless of the Customer(s) location or the location of the Product(s) hosted by the Merchant(s) on the Platform.
- 18.2. The Customer(s) represent and warrant that:
- 18.2.1. The Customer(s) are not located in, and the Customer(s) are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia, or Canada has embargoed goods and/or services of the same type as the Services, including Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine; and
- 18.2.2. The Customer(s) is not a person or entity, or owned by, under the control of, or affiliated with, a person or entity that:
- - Appears in the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State's Terrorist Exclusion List; the Bureau of Industry and Security's Denied Persons, Entity or Unverified List; the Consolidated List of Targets published by the U.K. HM Treasury; the Consolidated List published by the A.U. Department of Foreign Affairs and Trade;
- - Is subject to sanctions in any other country; or
- - Is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
If the Customer(s) has any questions or concerns about these Terms or the Platform, please contact the Platform’s customer support service at: hello(at)mevolife(dot)com.
The Customer(s) have the right to send Feedback to the Company at: hello(at)mevolife(dot)com.
Client Management
Client Progress
Client Engagement
Program Builder
Member Plans
E-commerce Store
Fitness Templates
Habit Coaching
Client App
Deals & Promotions
Branded App
Fitness Market
Loyalty Rewards
Sales Automation
Marketing Manager
Business Website
Coaches/Trainers 
Studios/Clubs 
Gyms/Franchises 
Dietitians/Nutritionists 
Find a Coach 
Get the Free Fitness App 
Fitness 
Health 
