Rambody Terms of Service

 

Definitions and Interpretation

 

Unless otherwise defined herein, capitalized terms used in the Terms of Service shall have the meanings set forth in Exhibit “A” attached hereto.

 

Acceptance

 

By accessing or using Rambody's services (the “Services”) provided by Rambody (the “Vendor”), or by clicking the acceptance button, you: (i) signify your agreement to be bound by these terms and conditions (the “Terms of Service”) and the Vendor’s privacy policy at https://rambody.ca/privacy, which are incorporated by reference; and (ii) represent that you are over 18 years of age and have the authority to enter into and comply with these Terms of Service.

The Vendor reserves the right to amend these Terms of Service at any time. The most current version will always be available at http://Rambody.ca/terms. Your continued use of the Services following any amendment signifies your acceptance of the amended terms.

If you do not agree to these Terms of Service or any amendments, you and your Agents must cease using the Services immediately.

 

Special Consents and Acknowledgements

 

By using the Services, you acknowledge and agree that:

• If you have an emergency, urgent health concern, or need medical advice, you should immediately contact your physician or go to the nearest hospital.

• The information provided through the Services is general and does not constitute medical advice. It should not replace consultations with your physician.

• The Vendor makes no representations or warranties regarding the content provided through the Services, including workout plans and exercise videos.

• Participating in any exercise program or diet carries the risk of injury, and you do so at your own risk.

 

License to Use Services

 

Subject to your compliance with these Terms of Service, the Vendor grants you a revocable, personal, non-exclusive, non-sublicensable, non-assignable, and non-transferable license to use the Services as procured and/or purchased by you.

All rights, title, and interest in and to the Services and the Vendor's trademarks remain with the Vendor and its licensors. You are prohibited from using any content from the Services for commercial purposes or outside the intended scope of the Services without the Vendor's explicit written authorization.

 

Information and Access IDs

 

To use the Services, you must provide accurate and current information, including your full legal name, email, and phone number. You may also need to provide payment information. You must maintain the security of your Access IDs and notify the Vendor promptly of any unauthorized use. Access IDs must not be shared unless agreed to in writing by the Vendor.

 

Payment Processing and Fees

 

Payment processing for the Services is provided by Stripe Payments Canada Ltd., and their affiliates. You authorize the Vendor to share necessary financial information with these providers. The Vendor is not liable for any misuse of such information by these providers.

You agree to pay all fees according to your Usage Plan, calculated as per the Fee Schedule. Fees are non-refundable unless determined otherwise by the Vendor. Failure to pay fees may result in suspension or termination of your access to the Services.

 

General Use of the Services – Permissions and Restrictions

 

You must not use the Services to violate any rights or laws. Prohibited actions include, but are not limited to:

• Copying, modifying, or distributing any part of the Services.

• Using automated systems to access the Services.

• Interfering with the Services or related networks.

• Using the Services for illegal activities.

 

Content

 

You retain ownership of Your Content but grant the Vendor a license to use, host, and distribute it as necessary to provide the Services. The Vendor may remove Your Content at its discretion and is not responsible for the accuracy or legality of Your Content.

 

Feedback

 

Any feedback you provide to the Vendor will become the Vendor’s property. You assign all rights in such feedback to the Vendor.

 

Termination, Modification, and Suspension

 

You may terminate these Terms of Service at any time by following the account cancellation process at https://Rambody.com and discontinuing use of the Services. The Vendor may terminate, suspend, or modify your access to the Services at any time, with or without notice.

 

Warranty Disclaimer

 

The Services are provided "as is" and "as available." The Vendor disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. The Vendor does not guarantee the accuracy or completeness of the Services or any linked content.

 

Limitation of Liability

 

The Vendor’s liability is limited to direct damages not exceeding the lesser of CAD $100.00 or the amount you paid in the three months preceding the claim. The Vendor is not liable for any indirect, incidental, or consequential damages.

 

Indemnity

 

You agree to defend, indemnify, and hold harmless the Vendor from any claims or damages arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

 

Assignment

 

You may not transfer or assign your rights under these Terms of Service. The Vendor may transfer or assign its rights without restriction.

 

Governing Law and Jurisdiction

 

These Terms of Service are governed by the laws of Alberta, Canada. Any disputes will be resolved in the courts of Calgary, Alberta.

 

General

 

These Terms of Service constitute the entire agreement between you and the Vendor. If any provision is deemed invalid, the remaining provisions will remain in effect. The Vendor's failure to enforce any provision is not a waiver of its right to do so later.

 

Contact Information

 

For questions, complaints, or claims regarding the Services, contact the Vendor at info@Rambody.com.

 

 

Exhibit “A” - Definitions and Interpretation

“Access IDs”: Unique identification names and passwords assigned to users to access the Services.

“Agents”: A Party’s agents, employees, consultants, contractors, or authorized representatives.

“Content”: Any material posted, submitted, uploaded, or made available through the Services.

“Fee Schedule”: The Vendor’s fee schedule for Usage Plans and In-Application Purchases.

“In-Application Purchases”: Supplementary products, services, and/or functionalities offered for sale by the Vendor.

“Services”: The services offered by the Vendor, including the Rambody software platform.

“Trainee”: A person accessing the Services as a trainee.

“Trainer”: A person accessing the Services as a trainer.

“Trial Usage Plans”: Free or discounted Usage Plans.

“TSR Customer”: A person who procures Services from the Vendor.

“Updates”: Functional enhancements, modifications, error corrections, and/or fixes relating to the Services.

“Usage Plans”: Access plans to the Services offered by the Vendor.

“Your Content”: Content posted, submitted, or made available by you through the Services.