These Terms of Use (together with the documents referred to on it) apply to your use of https://helloembody.com (“Website”), _______ mobile application (" App"), made available to you by Us.
By signing up for, or otherwise using the Our Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, then you must not use the Our Services or access any Content.
Information about us
We operate the website https://helloembody.com and ____ mobile application (" App").
We (or the Company) are Eprive Limited, a company registered in Cyprus under company number HE 459099 and with our registered office at Kalymnou, 1 "Q MERITO", 4-th floor Agios Nikolaos, Kamares, 6037, Larnaca, Cyprus.
Definitions
“Services” - means the Website, the App, and any features, content, products, subscriptions, or functionalities made available to you by Us.
“Products” - means the Website, the App, and any other digital services, platforms, software or features made available by Us.
“Content” - means any text, graphics, images, videos, audio recordings, software, interactive features, and other materials available on or through the Services.
“App Content” - digital materials (including fitness videos, exercise instructions, tutorials, and other intangible media) specifically delivered via our App. App Content is provided through immediate digital access and is intended for your personal use as part of our Services. Once the App Content has been made available for download, streaming, or interactive participation, it is deemed immediately supplied digital content.
“User Content”- means any material you create, upload or share through our Services (including the App and the Website) —such as text, images, audio, video, data or other files. You keep ownership, but you grant us a perpetual, worldwide, royalty‑free, non‑exclusive license to use, reproduce, modify, distribute, display and create derivative works of your User Content as described in Section 7.
“Commitment Period” - the fixed period during which we agree to maintain your Subscription at a specified price and plan.
“You” - an individual person who accesses, uses, or registers for the Services.
“Trial Period” - any period in which you are provided with a discount at first purchase.
“Four-Week Period” - your recurring four-week (28-day) subscription, under which fees are automatically charged at the start of each four-week billing period, unless canceled or modified in accordance with these Terms of Use. “Twelve-Week Period” - your recurring twelve-week (84-day) subscription, under which fees are automatically charged at the start of each twelve-week billing period unless canceled or modified in accordance with these Terms of Use.
In order to use the Service and access any Content, you need to be:
1) 18 years of age (or the age of full legal capacity and majority in your country of residence) or older,
2) have parent or guardian consent if you are a minor in your home country,
3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and
4) reside in a country where the Service is available.
You also promise that any registration information that you submit to Us is true, accurate, and complete, and you agree to keep it that way at all times.
If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. If you do not meet the minimum age requirements then you should not register as a user.
Subject to your compliance with these Terms of Use, We grant you a limited, non-transferable, non-exclusive, revocable license to access and use Our Services for your own personal, non-commercial purposes. This license includes the right to view Content available on the Services. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted in writing by an authorized representative of the Company, You will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services or Content, nor will you take any measures to interfere with or damage the Service. All rights not expressly granted by Us in this Agreement are reserved.
Services Provided: App Content, including, but not limited to workout programs, fitness tracking, and other services available via the Website and App.
3.1 Subscription
3.1.1 In order to use certain features of the Service, including services available via the App, you may need to subscribe to Our Services via______________(e-mail?) and provide certain information about yourself as prompted by the subscription form.
3.1.2 By subscribing to Our Services, you represent and warrant to Us that: (i) all information provided by You is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.
3.2 Subscription Plan and Fees
3.2.1 When you first sign up for a Subscription, you may be required to agree to a specific price and plan, which may include a Commitment Period. Upon expiration of the Commitment Period, your Subscription will automatically continue on the same chosen period at the then-current price for your Subscription level unless you choose to cancel or modify your plan.
3.2.2 We may offer a trial subscription for the service, either at no cost or for a nominal fee. If you do not cancel before the trial period ends, the subscription fee for the selected term will be automatically charged on the previously chosen period, as displayed on the payment screen. If a trial is included, it will be clearly stated on the payment screen prior to checkout. If no such notice appears, your subscription will proceed without a trial period.
4.1 Cancelation: Your subscription renews automatically at the end of each period until you cancel. Note that deleting the app does not cancel your subscriptions. You may cancel a trial or a subscription anytime by sending a letter to our e-mail [email protected]. To avoid being charged, cancel the subscription at least 24 hours before the end of the trial or the current subscription period.
4.2 Refunds: See our Refund Policy.
5.1 When you purchase a Subscription, we will automatically create an account for you using the email address provided during checkout. Once your payment is confirmed, we will send your login credentials or access instructions to that same email address. Please ensure the email you provide is valid and accessible. If you encounter any issues accessing your account, contact us at [email protected].
6.1 When you use our Service, you confirm that:
- You are legally able to agree to these Terms, and you promise to follow them;
- You are 18 years old or older;
- You won't use bots, scripts, or other automated tools to access our Service;
- You won't use our Service for any illegal or unauthorized activities;
- Your use of the Service won't break any laws or regulations.
6.2 Prohibited activities. You agree not to:
- use automated tools to collect data or content from our Services without our written permission;
- make any unauthorized use of the Services;
- modify, adapt, or create derivative works from our Services, Content or other Intellectual property without our permission;
- use the Services for any commercial gain or to build a competing product unless we specifically allow it;
- share the Service in a way that lets multiple people use it simultaneously if that isn’t intended;
- bypass, disable, or interfere with any security features of the Service;
- upload or share files containing viruses, worms, or other harmful software;
- use any automated system (like a spider, robot, or scraper) to access the Services without permission;
- send automated queries to websites or spam emails.
- disparage, harm, or damage Our reputation or reputation of the Services;
- use the Services in any way that violates the law.
- make any other actions that break these Terms.
7.1 By generating, transmitting, saving, uploading, publishing, or otherwise making content available through the Website (“User Content”), you grant Us an irrevocable, royalty-free, non-exclusive, worldwide, and unlimited license to use, reproduce, distribute, modify, adapt, publish, display, and create derivative works from such User Content in connection with the Platform and any affiliated or successor services. This includes the right to make edits or changes to your User Content, provided such edits do not unreasonably compromise your material interests. To the extent allowed by law, you waive any moral or similar rights to User Content you provide.
7.2 For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to the Company and grant the licenses set out above; (ii) the Company will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.
7.3 The Company does not claim ownership of any User Content. All rights to User Content remain with the user who created it. However, you acknowledge that the Сompany requires the license described in sec. 7.1. to operate, improve, and promote the Services.
8.1 You acknowledge that the Company Services contains software and other content that is protected by copyrights, patents, trademarks, trade secrets, and other proprietary rights, all of which are valid in any form, media, or technology now existing or later developed. All content generated by the Company or provided by its partners and licensors is protected under applicable copyright laws, and the Company owns the copyright in the selection, coordination, arrangement, and enhancement of all content on the Service.
8.2 Subject to your compliance with these Terms and only for as long as you are authorized to access and use the Services, the Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the content on the Services solely for your personal, non-commercial use. Unless expressly authorized, you may not copy, modify, or use any content for any other purpose, including use on any other website or networked environment.
8.3 The Company's name, logos, designs, and trademarks are solely owned by the Company or its affiliates. You may not use them with any product or service not provided by us, or in any way that might suggest we endorse or are affiliated with another product or service. Nothing on our Service gives you permission to use our trade names, trademarks, or other intellectual property without our written consent.
8.4 Any other trademarks displayed on the Service are the property of their respective owners. Our partners or service providers may also have additional proprietary rights in the content they supply through the Serviceы. All rights not expressly granted in this Agreement are reserved.
Basic Disclaimer:
The Company reserves the right to modify the Services, including, but not limited to, updating, adding to, enhancing, modifying, removing or altering any content or features of the Services, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Services. The Company has no obligation to screen or monitor any content and does not guarantee that any content available on the Services is suitable for all users or that it will continue to be available for any length of time.
The Company provides the Services on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Services at your own risk. Other than as expressly provided in writing by the Company in connection with your purchase of the Services, the Company expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, the Company makes no representations or warranties:
that the Services is or will be permitted in your jurisdiction;
that the Services will be uninterrupted or error-free;
concerning any content, including User Content;
concerning any third party's use of User Content that you submit;
that the Services will meet your personal or professional needs;
that the Company will continue to support any particular feature of the Services.
External Content and Links: Additionally, the Company does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. The Сompany does not make any representations or warranties with respect to products or services of third-party providers.
No Medical or Professional Advice: Any statements or content provided on or through our Service are for informational and entertainment purposes only and are not intended to replace professional medical, financial, legal, or other expert advice. Always consult a qualified healthcare professional or physician before starting a new fitness program or if you have any questions or concerns about your health. You should never disregard, avoid, or delay seeking professional medical advice due to something you have read on our Service. Nothing on our Service constitutes, nor is it intended to constitute, the practice of medicine, psychiatry, psychology, psychotherapy, or any other form of licensed healthcare. The Service is continually evolving, and we make no warranties (express or implied) about the accuracy, completeness, or appropriateness of the information. New findings in medical research may impact health, fitness, and nutritional advice over time, and we cannot guarantee all such updates are reflected here. Your use of any information or content on our Service is solely at your own risk.
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible losses.
The Company’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to the Company during the twelve (12) months preceding the date your first claim arose.
You agree to indemnify and hold harmless the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each (collectively, the “Company Parties”), from and against any claim or demand made by any third party, including reasonable attorneys’ fees and costs, arising out of or related to:
(i) your use of the Service or Products;
(ii) your User Content; or
(iii) your violation of these Terms.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of those claims. You shall not settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
This Agreement may be modified by Us at any time. We will notify you of any modifications by updating the "Last Updated" date at the top of this page. Unless we specify otherwise, all changes will take effect on the date they are posted.
The law of the Republic of Cyprus shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules. If you are a consumer habitually resident in the EU, you also enjoy the protection of the mandatory provisions of the law of your country of residence. The non-exclusive jurisdiction of the Court of Cyprus is agreed. This means that you may bring an action to enforce your consumer protection rights in connection with these Terms of Use either in Cyprus or in your country of residence.
For any questions or concerns about these Terms, please contact us at: [email protected]