Introduction
a. Welcome to Enfiity, a platform that focus on mind and body health through the combined expertise of psychologists, personal trainers, and nutritionists.
b. By accessing or using Enfiity, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use the platform.
Services Offered
a. Enfiity provides a platform for users to book online sessions with psychologists, personal trainers, and nutritionists, read articles, participate in events, join or create groups, follow other users, and engage in community discussions.
b. The app also offers challenges, online programs, and other features that may be updated from time to time.
Commissions and Fees
a. Enfiity collects up to 15% commission from psychologists, personal trainers, and nutritionists for the services they provide through the platform.
b. Users are charged a 5-10% commission on their online sessions with professionals for the reason of buyer protection.
c. Enfiity reserves the right to collect a percentage of ticket sales for events hosted through the app, with the exact percentage to be determined at the company's discretion.
Health Disclaimer
a. Enfiity is not responsible for any injuries, health problems, or adverse effects that may result from using the platform or following the advice provided by professionals on the platform.
b. Users are encouraged to consult with a healthcare provider before starting any new exercise, nutrition, or mental health program.
User Accounts and Registration
a. Users must create an account to access certain features of the app, such as booking sessions, participating in challenges, and joining groups.
b. Users must provide accurate and complete information during registration and keep their account information up-to-date.
c. Users are responsible for maintaining the confidentiality of their account credentials and are liable for any activities that occur under their account.
User Conduct
a. Users must not engage in any unlawful, harmful, or disruptive behavior while using Enfiity.
b. Users are prohibited from posting or sharing any content that is offensive, defamatory, or otherwise inappropriate.
c. Users must not impersonate other users or professionals on the platform.
Professional Conduct
a. Psychologists, personal trainers, and nutritionists are responsible for providing accurate and professional advice to users.
b. Professionals must abide by all applicable laws, regulations, and professional standards in their respective fields.
Intellectual Property Rights
a. Enfiity and its licensors own all rights, titles, and interests in the platform, including all intellectual property rights, such as copyrights, trademarks, and patents. b. Users may not copy, modify, distribute, or otherwise infringe upon Enfiity's intellectual property rights.
Third-Party Services and Content
a. Enfiity may integrate with or provide links to third-party services and content, but is not responsible for the content or functionality of these third-party services.
Limitation of Liability
a. To the maximum extent permitted by law, Enfiity shall not be liable for any damages, losses, or injuries resulting from the use of the platform or the advice provided by professionals on the platform.
Indemnification
a. Users agree to indemnify, defend, and hold harmless Enfiity, its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to their use of the app, their violation of these Terms, or any infringement of any intellectual property or other rights of any third party.
Disclaimer of Warranties
a. Enfiity is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
b. Enfiity does not warrant that the app will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
Payment Processing
a. Enfiity uses a third-party payment processor to handle transactions for online sessions, events, and other in-app purchases.
b. Users are responsible for providing accurate and up-to-date payment information and agree to pay all applicable fees and charges related to their use of the platform.
c. All fees and charges are non-refundable unless otherwise specified in these Terms or required by law.
Cancellations and Refunds
a. Users may cancel their online sessions with professionals, subject to the cancellation policy set forth by the respective professional.
b. Refunds for cancellations are subject to the professional's refund policy and may be subject to a processing fee.
c. Event tickets are generally non-refundable unless otherwise specified by the event organizer or required by law.
User Content and License Grant
a. Users retain ownership of any content they create, upload, or share on Enfiity but grant Enfiity a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, distribute, and display the content in connection with the platform and for promoting and redistributing part or all of the platform.
b. Users represent and warrant that they have all necessary rights and permissions to grant this license and that their content does not violate any third-party rights or applicable laws.
Modifications to the App and Terms
a. Enfiity reserves the right to modify, suspend, or discontinue the platform or any part of it at any time and without notice.
b. Enfiity may also revise these Terms from time to time and will notify users of any significant changes. Continued use of the platform after such notification constitutes acceptance of the revised Terms.
Governing Law and Dispute Resolution
a. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Enfiity is based, without regard to its conflict of law provisions.
b. Any disputes arising from these Terms or the use of the app shall be resolved through amicable negotiations, mediation, or arbitration, as agreed upon by the parties.
Severability and Waiver
a. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
b. The failure of Enfiity to enforce any right or provision in these Terms does not constitute a waiver of such right or provision.
Contact Information
a. For any questions or concerns about these Terms or the Enfiity app, users can contact the company using the contact information provided on the app or its website
User-Generated Groups and Events
a. Users may create groups and events within the app, subject to Enfiity's approval and compliance with these Terms.
b. Group and event organizers are responsible for ensuring their activities adhere to applicable laws, regulations, and community guidelines.
c. Enfiity reserves the right to remove or suspend any user-generated group or event that violates these Terms or is deemed inappropriate, without prior notice.
Community Guidelines and Moderation
a. Users are expected to follow Enfiity's community guidelines, which promote a respectful, inclusive, and supportive environment for all users.
b. Enfiity may moderate user-generated content, groups, and events to enforce the community guidelines and these Terms.
c. Users can report content or activities that violate the community guidelines or these Terms for review by Enfiity's moderation team.
User Ratings and Reviews
a. Users may rate and review professionals on the app based on their experience with their services.
b. Ratings and reviews must be honest, accurate, and not defamatory, offensive, or otherwise inappropriate.
c. Enfiity reserves the right to remove any rating or review that violates these Terms or is deemed inappropriate, without prior notice.
Promotions and Rewards
a. Enfiity may offer promotions, discounts, or rewards to users for their participation in the app's activities or their engagement with professionals.
b. Promotions, discounts, and rewards are subject to specific terms and conditions, which will be communicated to users at the time of the offer.
Data Retention and Deletion
a. Enfiity retains user data in accordance with its Privacy Policy and any applicable laws and regulations.
b. Users may request the deletion of their account and personal data by contacting Enfiity through the provided contact information.
Prohibited Activities
a. Users and professionals are prohibited from engaging in any activity that may interfere with the proper functioning of the platform or other users' enjoyment of the platform.
b. Prohibited activities include, but are not limited to, hacking, data mining, sending unsolicited messages, or attempting to gain unauthorized access to other users' accounts.
Assignment
a. Users may not assign or transfer their rights and obligations under these Terms without Enfiity's prior written consent.
b. Enfiity may assign or transfer its rights and obligations under these Terms to a third party, upon providing notice to users.
Notices
a. Any notices or communications required or permitted under these Terms shall be in writing and sent to the parties' designated contact information.
b. Users are responsible for providing and maintaining accurate contact information on their Enfiity account.
Relationship between Parties
a. The relationship between users, professionals, and Enfiity is that of independent contractors, and nothing in these Terms creates a partnership, joint venture, or employer-employee relationship.
Third-Party Rights
a. These Terms are for the benefit of Enfiity, its users, and professionals, and do not confer any rights or benefits on any third parties, except as expressly provided in these Terms.
Confidentiality
a. Users and professionals must maintain the confidentiality of any personal or sensitive information they receive from other users or professionals through the platform.
b. Users and professionals are prohibited from disclosing such information to any third party without the express consent of the individual concerned, unless required by law.
Intellectual Property Infringement Claims
a. If a user or professional believes their intellectual property rights have been infringed upon by content on the platform, they should notify Enfiity in writing, providing details of the alleged infringement and the specific content involved.
b. Enfiity will review and investigate the claim and may remove or disable access to the allegedly infringing content, in accordance with applicable laws and regulations.
Backup and Storage of User Data
a. Enfiity takes reasonable measures to protect user data and content, but does not guarantee the availability or integrity of such data or content.
b. Users are responsible for maintaining their own backup copies of any important data or content submitted to the platform.
Accessibility
a. Enfiity is committed to making the platform accessible to users with disabilities and will make reasonable efforts to comply with applicable accessibility standards and regulations.
b. Users with disabilities who encounter accessibility barriers or have suggestions for improving the platform accessibility may contact Enfiity using the provided contact information.
Geographic Restrictions
a. The platform may not be available in all geographic locations, and Enfiity reserves the right to restrict access to the app based on a user's location.
b. Users are responsible for ensuring their use of the app complies with all local laws and regulations.
App Updates and Maintenance
a. Enfiity may periodically release updates or patches to improve the plartform functionality, security, or performance.
b. Users are encouraged to keep the platform updated to the latest version to ensure optimal performance and security.
c. Enfiity may perform maintenance on the platform, which may temporarily impact the platform availability or functionality.
Age Restrictions and Parental Consent
a. Users must be at least the age of majority in their jurisdiction to use the platform, or have the express consent of a parent or legal guardian.
b. Parents or legal guardians who provide consent for a minor to use the app are responsible for monitoring the minor's use and ensuring their compliance with these Terms.
Disclaimers Related to Professional Services
a. Professionals on the platform are independent providers and are not employees, agents, or representatives of Enfiity.
b. Enfiity does not endorse or guarantee the qualifications, competence, or performance of any professional and is not responsible for the outcome of any services provided.
Suspension and Termination of User Accounts
a. Enfiity reserves the right to suspend or terminate user accounts for any reason, including but not limited to, violations of these Terms, fraudulent activity, or non-payment of fees.
b. Users whose accounts have been terminated may not create new accounts without Enfiity's express written permission.
No Waiver
a. Enfiity's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in any other instance.
Survival
a. Any provision of these Terms that, by its nature, is intended to survive the termination of these Terms or a user's account shall continue in effect after such termination.
User Verification and Background Checks
a. Enfiity may implement identity verification and background check processes for users and professionals to maintain a safe and secure environment on the app. b. Users and professionals may be required to provide additional information or documentation to verify their identity or qualifications.
Health and Safety Guidelines
a. Users and professionals must follow all applicable health and safety guidelines and recommendations when participating in any activities or events organized through the platform.
b. Enfiity is not responsible for any injury, illness, or adverse effects resulting from users' or professionals' failure to follow health and safety guidelines.
Limitation of Liability
a. To the maximum extent permitted by applicable law, Enfiity and its affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or other intangible losses resulting from users' or professionals' use of the platform, their inability to use the app, or any other matter relating to the platform.
Third-Party Links and Integrations
a. The platform may contain links to third-party websites, services, or resources that are not owned or controlled by Enfiity. Users and professionals access these third-party links at their own risk.
b. Enfiity is not responsible for the content, accuracy, or availability of third-party links and does not endorse or assume responsibility for any products, services, or information provided by such third parties.
Force Majeure
a. Enfiity shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, labor disputes, or government actions.
Non-Discrimination Policy
a. Enfiity is committed to providing an inclusive and welcoming environment for all users and professionals, regardless of race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, or any other legally protected characteristic.
b. Users and professionals are expected to treat all individuals with respect and not engage in any form of discrimination or harassment.
Privacy of Communications
a. Enfiity may monitor or record communications between users and professionals for quality assurance, training, or compliance purposes, in accordance with applicable laws and regulations.
b. By using the platform, users and professionals consent to such monitoring and recording of their communications.
Subscriptions and Auto-Renewal
a. Users may purchase subscriptions for certain features or services on the platform, which may automatically renew at the end of each subscription period, unless the user cancels the subscription before the renewal date.
b. Subscription fees will be charged to the user's designated payment method and are non-refundable, except as required by law or as otherwise stated in these Terms.
Compliance with Laws and Export Controls
a. Users and professionals must comply with all applicable laws, regulations, and export controls in connection with their use of the platform.
b. Users and professionals may not use the platform for any illegal purpose, nor may they export or re-export any part of the platform in violation of applicable export control laws and regulations.
Entire Agreement
a. These Terms, together with any additional terms, policies, or guidelines referenced herein, constitute the entire agreement between users, professionals, and Enfiity with respect to the app and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
Severability
a. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Currency and Taxes
a. All fees, charges, and payments made through the platform are denominated in the currency specified by Enfiity.
b. Users and professionals are responsible for any applicable taxes, duties, or other governmental charges associated with their use of the platform or any services provided therein.
License to User Content
a. By submitting, posting, or displaying content on or through the platform, users and professionals grant Enfiity a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods.
b. Users and professionals represent and warrant that they have all the rights, power, and authority necessary to grant the license described in this section.
Feedback and Suggestions
a. Users and professionals may submit feedback, suggestions, or ideas about the app or its features ("Feedback") to Enfiity.
b. By submitting Feedback, users and professionals agree that Enfiity is free to use, disclose, reproduce, modify, license, or otherwise exploit such Feedback for any purpose, without any compensation, attribution, or liability to the user or professional providing the Feedback.
Notifications and Electronic Communications
a. By using the platform, users and professionals consent to receive electronic communications from Enfiity, including but not limited to emails, text messages, or in-app notifications.
b. Users and professionals may opt out of receiving certain types of electronic communications, subject to any legal or contractual obligations to receive such communications.
Governing Law and Jurisdiction
a. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction specified by Enfiity, without regard to its conflict of law provisions.
b. Users and professionals agree to submit to the personal and exclusive jurisdiction of the courts located within the specified jurisdiction for the resolution of any disputes arising out of or relating to these Terms or the platform.
Reporting Misconduct or Violations
a. Users and professionals are encouraged to report any violations of these Terms or any misconduct by other users or professionals to Enfiity.
b. Enfiity will investigate reported violations or misconduct and take appropriate action, in its sole discretion.
Use of Logos and Trademarks
a. Users and professionals are prohibited from using Enfiity's logos, trademarks, or other intellectual property without Enfiity's prior written consent.
b. Users and professionals who obtain consent to use Enfiity's logos, trademarks, or other intellectual property must comply with any guidelines or requirements provided by Enfiity.
Beta Testing and Feedback
a. Enfiity may invite users and professionals to participate in beta testing or provide feedback on new features, functionalities, or services.
b. Users and professionals who participate in such beta testing or provide feedback agree that any information or data they provide to Enfiity may be used for any purpose, including improving the platform or developing new products or services.
Intellectual Property Rights
a. The platform, its content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio, video, and software, are the exclusive property of Enfiity and are protected by copyright, trademark, and other intellectual property laws.
b. Users and professionals agree not to copy, reproduce, distribute, reverse engineer, or otherwise exploit any part of the app or its content, except as expressly permitted by these Terms or with the prior written consent of Enfiity.
Support and Maintenance
a. Enfiity may provide technical support or maintenance for the platform, at its sole discretion.
b. Enfiity is not obligated to provide any specific level of support or maintenance or to address any specific issues or concerns raised by users or professionals.
No Medical Advice
a. Enfiity does not provide medical advice, diagnosis, or treatment, and the app and its content are intended for informational purposes only.
b. Users and professionals should consult with a qualified healthcare professional before making any decisions or taking any actions related to their health, fitness, or nutrition.
Relationship Between Users and Professionals
a. Users and professionals acknowledge that their interactions and communications through the platform do not create any employer-employee, partnership, joint venture, or other legal relationship between them and Enfiity.
b. Enfiity is not responsible for any disputes, claims, or issues that may arise between users and professionals.
Entire Agreement
a. These Terms, together with any additional terms and conditions or policies referenced herein or available on the platform, constitute the entire agreement between Enfiity and users and professionals and supersede any prior agreements, understandings, or representations, whether written or oral, regarding the subject matter of these Terms.
Confidentiality
a. Users and professionals agree to maintain the confidentiality of any proprietary or confidential information they may receive from Enfiity or other users and professionals through the platform, and not to disclose such information without the express written consent of the disclosing party.
Language a. These Terms are written in English. Any translations of these Terms provided by Enfiity are for convenience only, and in the event of any discrepancy between the English version and a translated version, the English version shall prevail.
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