Terms of Service

User Agreement

This User Agreement (hereinafter referred to as the "Agreement") is an agreement between "you" and Fitness is Freedom LLC, DBA Off the Couch Fitness (hereinafter referred to as "OTC Fitness","we", "us", or "our", as the context requires) governing your access to and use of our services, software, and educational content (collectively referred to as the "Services") with the characteristics and features described on our website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (hereinafter collectively referred to as the "Platform").

By accessing the Platform at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms herein. This Agreement applies to all visitors, users, and others who access the Service (collectively referred to as the "Users"). Your access to and use of the Services is conditioned upon your acceptance of and compliance with this Agreement. If you do not understand this Agreement or do not agree with the terms contained herein in its entirety, you are expressly prohibited from using the Platform and our Services and you must discontinue use and/or access immediately.

1. Access to Platform and Services

We have created this Platform to provide Users with fitness education, workout programming, coaching guidance, and related wellness services. We allow you to access our Platform and use our Services on a limited basis until you follow these terms of use and are not in violation of the terms contained herein. We reserve the right to withdraw or amend the Platform and/or Services (or any features within the Services) that we provide without serving prior notice to you.

We will not be liable if for any reason our Platform or the Services are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Platform, or our entire Platform, to Users for our convenience.

2. Intellectual Property Rights

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, workout programs, educational content, and course materials on the Platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.

Any use of this Platform, its Content, or Marks, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use without our permission is strictly prohibited. Except as expressly provided in these terms, no part of our Platform, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written consent.

By accepting the terms hereunder you agree that we do not transfer/assign the title to the Platform to you, and nothing in these terms shall imply or be deemed or construed to mean that any right, title, and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by us.

3. User Representations

By using the Platform, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity, and you agree to comply with these Terms of Use.
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Platform.
• You will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Platform for any illegal or unauthorized purpose.
• Your use of the Platform will not violate any applicable law or regulation.
• You will use the Platform solely for your personal and non-commercial use unless otherwise authorized.
• You are physically capable of engaging in fitness activities and have consulted with a medical professional if you have any health concerns.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform.

4. Account Registration and Security

To access certain features of the Services, you may be required to register with the Platform. Upon registration, you agree to keep your password confidential and understand that you will be solely responsible for all use of your account and password.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

By providing your email address and/or phone number to us, you expressly consent to our using your contact information to send you Service-related notices, updates, promotional materials, and other communications in accordance with our Privacy Policy.

5. Subscriptions and Payments

Some features of the Platform require a paid subscription. By subscribing to a paid plan, you agree to pay all applicable fees as described on the Platform at the time of purchase.

• Billing: Subscription fees are billed in advance on a recurring basis (monthly, quarterly, or annually) depending on the plan you select.
• Automatic Renewal: Your subscription will automatically renew unless you cancel it before the renewal date.
• Price Changes: We reserve the right to change subscription prices at any time. Any price changes will be communicated to you in advance and will apply to the next billing cycle.
• Payment Methods: We accept payment through various methods as displayed on the Platform. You are responsible for ensuring your payment information is accurate and up to date.

6. Fitness and Health Disclaimer

The fitness programs, workout routines, nutritional information, and other content provided through our Services are for educational and informational purposes only. They are not intended to be a substitute for professional medical advice, diagnosis, or treatment.

You acknowledge and agree that:

• You should consult with a qualified healthcare provider before beginning any exercise program, especially if you have any medical conditions or concerns.
• Participation in physical exercise carries inherent risks including but not limited to muscle strains, sprains, and other physical injuries.
• You are solely responsible for your own health and safety while using our Services.
• We are not liable for any injuries, health problems, or other issues that may arise from following the workout programs or advice provided through our Platform.
• Results may vary and are not guaranteed. Individual results depend on many factors including but not limited to adherence to the program, existing fitness level, and individual physiology.

7. Prohibited Activities

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Platform, you agree not to:

• Systematically retrieve data or other content from the Platform to create a collection, compilation, database, or directory.
• Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users to send unsolicited email.
• Use the Platform to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform.
• Engage in unauthorized framing of or linking to the Platform.
• Trick, defraud, or mislead us and other users.
• Attempt to bypass any measures designed to prevent or restrict access to the Platform.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Copy or adapt the Platform's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit viruses, Trojan horses, or other malicious material.
• Use the Platform as part of any effort to compete with us or for any revenue-generating endeavor.
• Share, distribute, or reproduce any course materials, workout programs, or educational content without authorization.

8. User-Generated Content

The Platform may provide you with the opportunity to create, submit, post, display, transmit, or otherwise make available content including but not limited to text, photos, videos, and other materials ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Platform and our business.

9. Third-Party Links and Services

The Platform may contain links to third-party websites, services, or content that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party websites or services.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTC FITNESS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PLATFORM.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM DURING THE THREE (3) MONTHS PRIOR TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Platform will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Platform is free of viruses or other harmful components.

12. Indemnification

You agree to defend, indemnify, and hold harmless OTC Fitness, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) use of the Platform; (3) breach of this Agreement; (4) any breach of your representations and warranties set forth herein; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Platform.

13. Term and Termination

This Agreement shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION.

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this Agreement.

If you wish to terminate your account, you may simply discontinue using the Platform or contact us to request account deletion.

14. Refund Policy

Please refer to our separate Refund Policy for detailed information regarding refunds and cancellations.

15. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any legal proceedings. Such informal negotiations commence upon written notice from one party to the other.

If the parties are unable to resolve the dispute through informal negotiation, any legal proceedings shall be conducted in the courts located in [Your Jurisdiction], and you consent to the personal jurisdiction of such courts.

16. Changes to Terms

We reserve the right to revise the terms of use at any time by amending this page. The revised terms shall be posted on the Platform and any supplemental terms or documents posted on the Platform from time to time shall be deemed to be expressly incorporated herein by reference.

We will alert you about any changes by updating the "Last updated" date of these Terms. You agree to check this page from time to time to take notice of any changes we make. All changes are effective as soon as we post them, and by continuing to use the Platform, you agree to be bound by the revised terms.

17. Electronic Communications

Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM.

18. Miscellaneous

• Entire Agreement: This Agreement and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us.
• Waiver: Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
• Assignment: We may assign any or all of our rights and obligations to others at any time without notice to you.
• Severability: If any provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
• Force Majeure: We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
• No Agency: There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of this Agreement or use of the Platform.

19. Contact Information

If you have any questions about these Terms of Service, please contact us: