Our Terms and Conditions were last updated on August 10, 2023Please read these Terms and Conditions carefully before using Our Service.
FIZIKL IQ-FZCO, Dubai Silicon Oasis, Techno Hub 2, 66th Street, Nr 20, I132-H, Nad Al Hessa, Dubai, the UAE, License Number 32779 (hereafter: the Company), publishes this Terms and Conditions provision of paid services, which is a public contract-offer (offer) to Clients.
As used in these Terms and Conditions, the following terms shall have the following meanings:
The Company, We, Us or Our: a company, including any of its representatives or employees, which provides remote informational support and familiarization with available nutrition and training programs for natural persons (the “services”).
Client, You: a natural person who applied for the provision of services and accepted this offer in accordance with the terms and conditions set forth in this agreement.
Platform: specialized virtual platform (software package) used for services provision according to the Terms and Conditions shaped as mobile app and/or web-app.
Platform Administration: the Company’s staff members or third parties involved in the provision of services, who directly provides services.
Season: virtual groups created on the Platform, administered by the Company on the dates determined by the Company, one of which the Client becomes a participant based on the acceptance of the Terms and Conditions and the information specified on the Client's Personal Account.
Season Content: informational materials, the rights to which belong to the Company posted by the Company, the Platform Administration during the Season, namely: nutrition and training programs, video materials (including video lectures), articles and any images, as well as any other materials posted in the Season and used to provide services.
Services: remote informational support during the Season, including familiarizing the Client with the available nutrition and training programs, the Supervisor’s assistance and advice provision based on Your individual requests, and/or provision of pre-designed or tailored to Your personal characteristics and requirements training programs.
Personal Account: the Client's personal page on the Platform, which becomes available to the Client after the payment for Services in accordance with the Terms and Conditions.
AcknowledgmentThese are the Terms and Conditions governing the provision of the Services and the agreement that operates between the Client and the Company. These Terms and Conditions set out the rights and obligations of all Clients regarding the use of the Services.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Services.
Your access to and use of the Services are also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, which is posted on the Company's website on the Internet at
http://physical-transformation.com/policy/. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Services, the website
http://physical-transformation.com/, the corresponding mobile or web apps, and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the Services.
Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all Clients who access or use the Services.
By accessing or using the Services You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Services.
The payment for the Services by the Client will be considered as an acceptance of the Terms and Conditions and will indicate the conclusion of the contract by the parties under provided Terms and Conditions. Therefore, the contract has the same legal effect as a contract signed by the parties themselves in a written form.
The Company has the right to unilaterally make changes to these Terms and Conditions, which come into effect the moment of publishing the new ones on the website at
http://physical-transformation.com/offer/, and/or placing on the corresponding mobile/web app. The Client, in turn, undertakes to independently monitor the presence of changes in the Terms and Conditions.
Governing LawThe laws of the United Arab Emirates shall govern this Terms and Conditions and Your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.
The ServicesThe Company undertakes to provide Services by registering the Client for the Season, providing the Client with access to the Personal Account (login and password), and remote informational support during the Season, including Client’s familiarization with available nutrition and training programs, the Supervisor’s assistance, providing consultations on individual Client’s requests, and the Client undertakes to accept and pay for the Services under these Terms and Conditions.
The dates of each Season are determined by the Company in advance, information about which is posted by the Company on the Internet (on the Company's website, social networks and/or other sources). By accepting this Terms and Conditions, the Client confirms his familiarization and agreement with the dates of the Season.
Upon the Client's request and for an additional fee, the Company can offer Services that include providing the Client with pre-designed and/or personalized workout programs tailored to the Client's individual characteristics and requirements. The provision of such Services is carried out by the Company on a separate platform - TransformMate mobile app. The Client can choose to order these Services either together with or separately from the Services specified in paragraph 1 of this section.
The Company’s obligations The Company undertakes the fulfillment of its obligations to the Client under the terms outlined by these Terms and Conditions.
No later than 2 (two) calendar days before the intended date of commencing the Services provision, notify the Client about it using any available methods agreed upon by both parties.
The Company’s rights The Company has the right to change the prices for the Services that have not yet been paid for by the Client; modify the payment terms of the Services, the methods, and timelines of their provision, as well as other conditions specified in these Terms and Conditions.
Transfer Our rights and obligations under the Terms and Conditions to third parties without any additional agreement with the Client.
The Client’s obligations Prior to the payment for the Services, familiarize oneself with the Terms and Conditions, including the list of available Services provided by the Company and the procedure of their payment.
Provide truthful personal information necessary for Your identification and sufficient for the conclusion of the contract with the Company and proper Services’ provision.
Make full payment for the Services according to the terms and conditions established by these Terms and Conditions.
Do not reproduce, copy, distribute, or use in any other way the information obtained during the Season for any purposes other than personal use within the framework of the contract concluded based on the acceptance of these Terms and Conditions.
Do not post any advertising information, including information about any products or services that are competitive to the Company on the Platform and in the Personal Account; do not post any information that discredits the Company and Platform Administration, as well as any information containing illegal, discrediting, or threatening messages.
Do not disclose the login and password required for access to Your Personal Account and used for participation in the Season and receiving the Services under the Terms and Conditions and make necessary efforts to ensure the confidentiality of the data mentioned in this paragraph.
Provide the Company with up-to-date information necessary for the quality provision of the Services and the execution of the Terms and Conditions, as well as for efficient communication with the Client.
Independently monitor changes to these Terms and Conditions.
The Client undertakes to familiarize themselves with the Rules of Participation during the Season, which are posted on the Company's website on the Internet at
http://physical-transformation.com/rules/, before accepting the Terms and Conditions and ordering the Services provided in paragraph 1 section “The Services” of this offer. The Client also agrees to familiarize themselves with the rules of other services provision (paragraph 3 section “The Services”), which are posted on the respective platform if the Client places an order for such Services.
Specific violations of the rules mentioned in this paragraph are grounds for the Company to unilaterally refuse to provide the Services, including retaining the full cost of the Services and applying penalties, including monetary fines. The Client's acceptance of the Terms and Conditions regarding the services provided in paragraph 1 section “The Services” implies the Client's understanding and agreement with the exhaustive list of rules, recommendations, and sanctions for their violation.
Comply with the Terms and Conditions, as well as the Rules of Participation during the Season, and other applicable rules and recommendations of the Company and Platform Administration.
By accepting these Terms and Conditions, You confirm that You are aware that absolute contraindications for receiving the Services are pregnancy and/or the presence of relevant medical contraindications and illnesses. Your acceptance of the Terms and Conditions signifies Your confirmation that You do not have any absolute contraindications for receiving the Services.
Procedure for obtaining access to the Services The Client places an order for the provision of the Services by filling out an electronic form on the website
http://physical-transformation.com/ or other resources on the Internet where it is possible to order and pay for the Services. When placing an order for the Services, the Client confirms that they have familiarized themselves with the Terms and Conditions and agrees to provide the Company with all necessary information for the proper provision of the Services, including any inquiries made by the Company through the Platform or Personal Account.
After the payment, the Company sends the Client a login and password (or information for obtaining them independently), which are necessary for accessing the informational resources required to receive the Services.
PaymentsPayment for the Services can be made through various payment methods the Company has available in the Services or website interface.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If the Company does not receive the required authorization, it will not be liable for non-delivery of the Services.
By mutual agreement, payment for the Services provided in paragraph 1 section “The Services” may be divided into several installments (“payment in installments”). When making installment payments, the Client shall make payments for the Services according to the following schedule:
1. The Client pays 100% of the cost for the first four weeks of the Season before the Company starts providing the Services as outlined in paragraph 1 section “The Services”.
2. The Client pays 100% of the cost for the fifth to eighth week (inclusive) before the end of the fourth week of the Season.
3. The Client pays 100% of the cost for the ninth to twelfth week (inclusive) before the end of the eighth week of the Season.
4. The Client pays 100% of the cost for the thirteenth to sixteenth week (inclusive) before the end of the twelfth week of the Season.
5. The Company provides the Client with a payment link for the next installment before the due date of each respective payment. The Company may also offer the Client the option to make multiple payments at once from those specified in clauses 1–4 of this paragraph, while granting a discount at the discretion of the Company.
The cost of the Services is calculated based on the volume of Services required by the Client.
Payment for the Services is made in the currency agreed upon by the parties during the Client's order placement process.
Provision of the ServicesThe Client agrees that the Company or the Platform Administration may interact with them through direct contacts using various means of communication, including but not limited to the following: postal mailing, SMS messaging, email, phone, social media accounts on the Internet, and others.
The Company provides the Services remotely, via the Internet.
The Services are to be provided by the Company by granting the Client access to the Services through the Client's Personal Account on the Platform. The Client independently consumes the Services at their convenience within the prepaid period of Services provision. The Client independently decides whether to implement the information received during the provision of the Services or not.
The Services include, but are not limited to:
- granting access to the Season Content during the prepaid period of Services provision;
- providing curator services and consultations through online chat and other means of communication during the prepaid period of Services provision;
- providing other related services by specialists invited by the Company, the list, timelines, and costs of which are determined separately by the Company.
The Services provided in accordance with paragraph 3 section “The Services” are rendered by the Company through the mobile app TransformMate and may include:
- providing the Client with various pre-developed workout programs created by the Company for an unspecified group of individuals;
- individual (remote) coaching services and the development of personalized workout programs (taking into account the Client's individual needs and physical characteristics).
The Services are provided by the Company during the period prepaid by the Client. The duration of access to the Services is indicated in the Client's Personal Account and/or the corresponding mobile app and is determined by the paid amount of cost. The Company notifies the Client no later than 2 (two) calendar days before the expiration of such access period.
The Services are considered to be properly provided and accepted by You if the Company does not receive written motivated objections from You within 5 (five) calendar days after the end of the provision of the Services. After the specified period, Your claims regarding deficiencies in the provided Services, including their quantity and quality, will not be accepted.
Content and Conduct RestrictionsThe Company is not responsible for the conduct of the Services’ users (the Clients) and the content they post on the Platform. You expressly understand and agree that You are solely responsible for the posted content, your conduct and for all activity that occurs under your Personal Account, whether done so by You or any third person using Your Personal Account.
You may not transmit any content or commit any conduct that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content or conduct include, but are not limited to, the following:
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any content or conduct is appropriate and complies with these Terms and Conditions, refuse or remove such content. The Company further reserves the right to make formatting and edits and change the manner of any content. The Company can also limit or revoke the use of the Service. As the Company cannot control all content posted by the Clients and/or third parties on the Platform, you agree to use the Platform at your own risk. You understand that by using the Platform You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Services CancellationThe Client entitled to cancel the provision of Services by the Company at any time by sending a clear statement/notification via email: info@physical-transformation.com. The Terms and Conditions will be considered terminated on the day following the day the Company received relevant notification.
The Company will reimburse You for the Services caried out under paragraph 1 section “Services” based on following conditions:
- In case of the Services cancelation before the start of their provision or within 7 (seven) calendar days after their start, the payment will be fully refunded to the Client.
- In case of the Services cancelation after 7 (seven) calendar days after the start of the Services provision, the payment will be refunded to the Client proportionally to the number of days of actually provided Services.
- In case of the Services cancelation caried out under paragraph 3 section “Services”, the payment is subject to partial refund minus the cost of the Services proportionally to the number of days of actual Services provision.
The Company will reimburse the Client no later than 10 (ten) business days from the day on which the Company received the relevant notification. The funds are returned to the Client according to the details of the Client's personal bank account specified in the relevant notification/refund application.
The Company has the right to refuse to provide the Services, including without refunding the funds, in the event of the Client's violation of the Terms and Conditions, the Rules of Participation during the Season, rules of other Services provision, and recommendations specified in paragraphs 9 and 10 section “The Client’s obligations”. Additionally, the Company may refuse to provide the Services if, for a continuous period of 3 (three) weeks, the Client fails to provide the information necessary for the provision of the Services to the Company or Platform Administration, as requested through the Client's Personal Account or a chat of the corresponding mobile/web app. In these specified cases, the Client's access to the Services is to be terminated, and the Services are to be considered to have been provided by the Company properly and in full.
The Company has the right to immediately suspend the provision of the Services or refuse to provide the Services entirely if the Client fails to fulfill their obligation to make payments for such Services within the specified period, as outlined in section “Payments”.
Copyright and Intellectual Property The Platform, the Season Content and any other content provided (excluding content provided by You or other Clients), as well as the Platform’s features and functionality are and will remain the exclusive property of the Company.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
By using the Platform, the Season Content, and/or any other mobile app intended for the provision of the Services, the Client acknowledges and agrees that all the content of the Platform, the Season Content or of the corresponding mobile/web app, as well as their structure and appearance (visual) are protected by copyright, trademark, and other related intellectual property legislation.
The Client agrees to provide a link to the Platform or other corresponding mobile/web app when quoting information presented on the Platform or the Season Content.
LicenseScope of LicenseThe Company grants You a revocable, non-exclusive, non-transferable, limited license to install and use the Season Content or the content of pre-designed or tailored to Your personal characteristics and requirements training programs, purchased as part of the Services, strictly in accordance with these Terms and Conditions.
You may only use the Season Content or the content of aforementioned training programs on a Device that You own or control and as permitted by the respective application store's terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with these Terms and Conditions.
License RestrictionsYou agree not to, and You will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Season Content or the content of pre-designed or tailored to Your personal characteristics and requirements training programs or make such content available to any third party.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Season Content or the content of aforementioned training programs.
Intellectual Property InfringementIn case of violation by the Client of the provisions of these Terms and Conditions regarding the protection of copyright and other intellectual property rights, the Company has the right to demand compensation for all losses caused, including lost profits, as well as a fine for each violation of such rights.
Your Feedback to UsYou assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Limitation of LiabilityNotwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Services.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms and Conditions), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Disputes ResolutionAll disputes, disagreements or claims arising out of these Terms and Conditions or in connection with them shall be settled, if possible, through negotiations. The parties agree to take measures for mandatory pre-trial settlement through negotiations within 10 (ten) business days from the date of the delivery of the relevant claim (demand) to the party to which it was addressed.
If any dispute is not resolved within 10 (ten) business days from the date of delivery of the relevant claim to the party to which it was addressed, then any dispute, difference, controversy or claim arising out of or in connection with these Terms and Conditions, including, but not limited to, any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (the “DIFC Courts”).
Disputes arising out of these Terms and Conditions or in connection with them may be referred to the DIFC Courts in accordance with paragraph 2 of this section only after the parties have taken measures for mandatory pre-trial settlement as provided by paragraph 1 of this section.
United States Legal ComplianceYou represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
SeverabilityIf any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
DisclaimerThe information contained in the Services is for general information purposes only.
The Company assumes no responsibility for errors or omissions in the contents of the Services.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Services or the contents of the Services. The Company reserves the right to make additions, deletions, or modifications to the contents on the Services at any time without prior notice.
Fitness & Nutritional Information DisclaimerThe Season Content or the content of training programs may contain health, fitness and nutritional information including, without limitations, advice and recommendations, that are provided solely for general informational purposes.
Use of the advice and information contained within the Services is at your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning any nutrition or exercise program.
If You choose to use this information without prior consent of your physician, You are agreeing to accept full responsibility for your decisions and agreeing to hold harmless the Company.
Views Expressed DisclaimerThe Services may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
"Use at Your Own Risk" DisclaimerAll information in the Services is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Services or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Contact UsIf you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on our website:
https://physical-transformation.comBy sending us an email: info@physical-transformation.com
FIZIKL IQ-FZCO,
Registered in Dubai Silicon Oasis, Techno Hub 2, 66th Street, Nr 20, I132-H, Nad Al Hessa, Dubai, the UAE
License Number 32779