Terms Of Service
This Agreement is between you and Bodybybill App (“Trainer”, “we”, “us”, “our”, and other pronouns that can be reasonably interpreted to refer to us.)
We provide various products and services, including websites and mobile applications to view, post, do, and track workouts, and participate in communities. In this document, we’ll use the word “Products” to refer to the websites, mobile applications, and any products, services, and anything else we build or offer.
This document has the rules for using our Products. We’ll use the word “Rules” to refer to this document, all the rules it contains, and any other rules we put in our Products.
Our Rules apply when you’re using our Products. By using any of our Products, you agree to our Rules. If you don’t follow these Rules, we may cancel your account.
We may change our Rules from time to time. New versions of the Rules won’t apply retroactively. If you keep using our Products after a change, that means you accept the new rules going forward.
These Terms have a section called “Dispute Resolution” on how we’ll settle any disputes with you, including an arbitration clause and class action waiver. By accepting these terms, you agree to those clauses. Please read them carefully.
1. Creating an Account
To sign up for an account, you need to be 18 or older. You’re responsible for your account and all the activity on it. Any information you give to us must be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights.
2. Payments and Use of Our Products
You’ll find more detail in each Product on the pricing and how the product works.
We offer refunds at our discretion. We want our Clients to be satisfied, but we also don’t want you to use our Products and not pay for them. We and our Partners work hard on the Products and deserve to be compensated for that work.
You use our Products at your own risk. Be sure to consult a doctor before you start any exercise program. Any injuries or health issues you have as a result of using our Products are your responsibility.
3. Prohibited Activities
Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Products.
Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Products (whether it belongs to us or another party).
Don’t abuse other users’ personal information.
Don’t try to interfere with the proper workings of the Products.
Don’t bypass any measures we’ve put in place to secure the Products.
Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to us or another party.
Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers.
Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of our Products.
Don’t take apart or reverse engineer any aspect of our Products to access things like source code, underlying ideas, or algorithms.
4. Additional Fees and Taxes
You’re responsible for paying any additional fees or taxes associated with your use of our Products.
5. Other Websites
When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
We partner with other companies for payment processing. When you pay for any part of our Products, you’re agreeing to the payment processor’s rules too.
6. Your Intellectual Property
You may be able to post different kinds of content through our Products, from workouts, to images, to comments and messages (your “Content”). We don’t own anything you post on our Products. But we do need certain licenses from you to run our Products. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
You agree that you have the rights to use any Content you post on our Products.
You will pay all royalties and other amounts owed to any person or entity based on your Content, or on our hosting of that Content.
If we or our users use your Content in any way for our Products, it will not infringe or violate the rights of any third party, such as any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
All information submitted to us, whether publicly posted or privately transmitted, is the responsibility of the person submitting it. We’re not responsible for mistakes or omissions.
7. Our Intellectual Property
Our Products are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Products. You also agree not to change, translate, or otherwise create derivative works of the Products.
We grant to you a license to reproduce content from our Products for personal use only. This license covers both our own protected content and Content posted by others in our Products. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from us or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. We comply with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent can be reached through the contact information in the app.
9. Our Rights
To operate, we need to be able to maintain control over what happens on our website.
We can make changes to our Products without notice or liability.
We can decide who’s eligible to use our Products. We can cancel accounts or decline to offer our Products to anyone for any reason at any time. If these things are prohibited by law where you live, then we revoke your right to use our Products there.
We’re not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
10. Warranty Disclaimer
You use our Products solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied. If you do any of the exercises or workouts in our Products, you do so at your own risk. Please be sure to consult a doctor before you do any exercises or workouts.
We do not check the backgrounds of anyone who posts exercises, workouts, or anything else in our Products. We are a platform where people view, post, and do workouts. We assume none of the risk of the relationship between the person who posts the content and who uses the content.
WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of our Products. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
12. Limitation of Liability
To the fullest extent permitted by law, in no event will we, our directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use our Products; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party. In no event shall our liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars.
13. Dispute Resolution and Governing Law
13.1 Arbitration Agreement. You and Trainer agree that any dispute, claim, or controversy arising out of or relating to these Rules or their breach, termination, enforcement, interpretation, or validity, or to the use of the Products (collectively, Disputes) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Trainer are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Trainer otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of these Terms.
13.2 Arbitration Rules and Governing Law. These Terms are governed by the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. This agreement to arbitrate evidences a transaction in interstate commerce, therefore the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the AAA Rules) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
13.3 Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in New York State and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
13.4 Arbitration Location and Procedure. Unless you and Trainer otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Trainer submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
13.5 Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with jurisdiction. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of reasonable attorneys’ fees and expenses, to the extent provided under applicable law. Trainer will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
13.6 Fees. Responsibility for all fees associated with any Disputes will be paid as set forth in the AAA Rules.
13.7 Changes. If Trainer changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated ” date above or in the date of Trainer’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Trainer in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
14. Other Points
These Rules and the other material referenced in them are the entire agreement between you and us with respect to our Products. They supersede all other communications and proposals (whether oral, written, or electronic) between you and us with respect to our Products and govern our future relationship. If any provision of these Rules is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Rules otherwise will remain in full force and effect and enforceable. The failure of either you or us to exercise any right provided for in these Rules in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Rules without your consent.