TERMS AND CONDITIONS OF PERSONALIZED WORKOUT PLANS (PWP) PROGRAM Our Terms and Conditions were last updated on October 31, 2024 Please read these Terms and Conditions carefully before using Our Service. FIZIKL IQ – FZCO, We, Us, Our: a company, registered with the Dubai Integrated Economic Zones, the United Arab Emirates, with license number 32779 (hereinafter referred to as “the Company”), publishes these Terms and Conditions, which are the terms and conditions of a service agreement and also a public offer to the Company’s clients. When the term “Company” is used, it also includes any of its branches and representative offices, as well as other persons engaged by the Company for the purpose of providing Services in accordance with these Terms and Conditions. As used in these Terms and Conditions, the following terms shall have the following meanings: Client, You: natural person who has applied for the provision of services and accepted this offer in accordance with these Terms and Conditions. Platform: specialized virtual platform (software package) used for the provision of Services in accordance with these Terms and Conditions and shaped as a mobile application – TransformMate mobile app. Platform Administration: the Company’s staff members or third parties involved in the provision of services who directly provides services. PWP Program: personalized workout plan(s) (PWP) developed for the Client based on the Client’s personal characteristics and goals, as well as other information provided by the Client, during the period of service provision and assisted (supervised) during this period by the Platform Administration (personal supervisor) remotely, on the Platform. Services: all scope of services included in the PWP Program under these Terms and Conditions and provided by the Company in accordance with the chosen tariff and over the period of time prepaid by the Client. Services are provided exclusively remotely, on the Platform. Personal Account: personal account of the Client on the Platform, created (registered) by the Client and allowing the Company to identify the Client by means of individual login and password. Registration of the Personal Account by the Client is a necessary condition for receiving the Services. PWP Account: additional functionality of the Personal Account, necessary for the provision of the Services. The PWP Account includes an online chat with a personal supervisor, as well as a repository of training blocks. Access to the PWP Account is offered to the Client after the payment for Services in accordance with section 10 of these Terms and Conditions and remains over the prepaid period. PWP Full Plan: main tariff which offers all scope of Services included in the PWP Program during the period of service provision (usually one (1) month). PWP 14-day Demonstration Plan: special promotional tariff with time-limited 14-day access to the Services which may be offered exclusively to new Clients who have not used any Services specified in these Terms and Conditions before (see section IV). Physical 2.0 Terms and Conditions: terms and conditions governing the provision of the Services within Physical 2.0 Season and the agreement that operates between the clients who purchased such services and the Company. Physical 2.0 Terms and Conditions are published by the Company on the Company’s website at https://physical-transformation.com/offer/. Physical 2.0 Premium Plan: a special tariff under Physical 2.0 Terms and Conditions. I. Acknowledgment1.1. These are the Terms and Conditions of the PWP Program governing the provision of the Services and representing 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.1.2. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Services. 1.3. By accepting these Terms and Conditions, You confirm that You are aware that absolute contraindications for receiving the Services are pregnancy or the presence of relevant medical contraindications or illnesses. Your acceptance of these Terms and Conditions signifies Your confirmation that You do not have any absolute contraindications for receiving the Services.1.4. The dates of enrollment in the PWP Program and the dates of the PWP Program itself are determined by the Company in advance; the information about the specified dates is posted by the Company on the Company's website at http://physical-transformation.com/pwp/, in the Company's accounts on social media or made available through other public sources. By accepting this offer the Client confirms his familiarization and agreement with the specified dates.1.5. 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/pwp/policy/. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Services or the website http://physical-transformation.com/pwp/, and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the Services. By using TransformMate mobile app, You also consent to the specific privacy policy applicable to this mobile application. In the event of a conflict between the Privacy Policy referred to in this paragraph and the privacy policy applicable to TransformMate mobile app, the privacy policy applicable to TransformMate mobile app shall prevail.1.6. 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.1.7. 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.1.8. The payment for the Services by the Client will be considered as an acceptance of these 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 with wet signatures.1.9. The Company has the right to unilaterally make changes to these Terms and Conditions, which come into effect from the moment of publishing them on the Company’s website at http://physical-transformation.com/pwp/offer/ or posting them on the corresponding mobile app. The Client, in turn, undertakes to independently monitor the presence of changes in these Terms and Conditions. II. Governing Law2.1. The laws of the United Arab Emirates shall govern these 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. III. The Services3.1. The Services include: 3.1.1. – provision of access to the PWP Account, including access to the repository of training blocks, over the period prepaid by the Client and in accordance with the chosen tariff;3.1.2. - development of the PWP Program for the Client, i.e. development and (if necessary) subsequent adjustment of the individual training blocks based on the Client's personal characteristics and goals, as well as other information provided by the Client, during the period prepaid by the Client and in accordance with the chosen tariff;3.1.3. - provision of services of a personal supervisor via online chat within the PWP Account during the period prepaid by the Client and in accordance with the chosen tariff.3.2. The Services are not educational, therapeutic, or medical. Upon the termination of service provision, the Company does not issue any certificates. IV. PWP 14-day Demonstration Plan special provisions 4.1. The Company has the right, at its own discretion, to establish and implement a special promotional tariff – PWP 14-day Demonstration Plan. This plan is offered to and may be purchased exclusively by new Clients who have not used any Services specified in these Terms and Conditions before.4.2. The PWP 14-day Demonstration Plan provides time-limited (for specific fourteen (14) calendar days determined by the Company) access to the PWP Program without the right to use it again, renew, or credit for the subsequent purchase of PWP Full Plan. 4.3. The announcement, dates of enrollment/access, price, and other specific details of the PWP 14-day Demonstration Plan are published by the Company on the Company’s website at https://physical-transformation.com/pwp/trial/, in the Company's accounts on social media, or made available through other public sources.4.4. Unless otherwise specified by the Company additionally, the provision of the corresponding Services begins on the day following the day of the payment for such Services. V. The Company’s obligations5.1. The Company undertakes the fulfillment of its obligations to the Client under these Terms and Conditions.5.2. No later than 1 (one) calendar day before the intended start date of PWP Program, the Company shall notify the Client about it using any available methods, including the Client’s email address. VI. The Company’s rights 6.1. The Company has the right to change the prices for the Services that have not yet been paid by the Client; modify the payment terms of the Services, the methods, and timelines of their provision, as well as other terms and conditions specified in these Terms and Conditions.6.2. The Company has the right to transfer its rights and obligations under these Terms and Conditions to third parties without any additional agreement with the Client. 6.3. Block the Client or terminate the Client's access to the Platform (Personal Account) or to the PWP Account (refuse to provide the Services) without the Client’s right to refund in case of (applied independently):a) violation by the Client of these Terms and Conditions or the Rules of Participation in the PWP Program;b) insulting representatives of the Company, the Platform Administration, other participants of the PWP Program;d) general unjustified calls for distrust to the Company and the Platform Administration;e) in other cases stipulated by these Terms and Conditions, the Rules of Participation in the PWP Program or by the current legislation. VII. The Client’s obligations 7.1. Prior to the payment for the Services, the Client shall familiarize themselves with these Terms and Conditions, including the list of available Services provided by the Company and the payment procedure.7.2. The Client shall provide the Company with up-to-date information necessary for their identification, the conclusion of the agreement based on the acceptance of these Terms and Conditions, the provision of the Services, as well as for the efficient communication with the Client. 7.3. The Client shall make full payment for the Services in accordance with these Terms and Conditions.7.4. The Client shall not reproduce, copy, distribute, or use in any other way the information obtained in the process of rendering Services for any purposes other than personal use within the framework of the contract concluded based on the acceptance of these Terms and Conditions.7.5. The Client shall not post any advertising information, including information about any products or services that are competitive to the Company’s products or services, on the Platform, i.a. the Client’s Personal Account and PWP Account; the Client shall not post any information that discredits the Company and the Platform Administration, as well as any information containing illegal, discrediting, or threatening messages.7.6. The Client shall not disclose the login and password required for access to their Personal Account and PWP Account and used for receiving the Services under these Terms and Conditions and make necessary efforts to ensure the confidentiality of the data mentioned in this paragraph.7.7. The Client shall independently monitor changes to these Terms and Conditions.7.8. The Client undertakes to familiarize themselves with the Rules of Participation in the PWP Program, which are posted on the Company’s website at https://physical-transformation.com/pwp/rules/, before accepting these Terms and Conditions and ordering the Services specified in paragraph 3.1. of these Terms and Conditions. 7.9. The Client shall comply with these Terms and Conditions, as well as the Rules of Participation in the PWP Program, and other applicable rules and recommendations of the Company or Platform Administration. Specific violations of these Terms and Conditions and the rules mentioned in this section 7 may be considered by the Company as grounds to unilaterally refuse to provide the Services, retain the full cost of the Services and claim for damages, including punitive damages. The Client’s acceptance of these Terms and Conditions implies the Client’s understanding and agreement with the exhaustive list of rules, recommendations, and sanctions for their violation. VIII. Physical 2.0 Premium Plan special provisions 8.1. In accordance with provision 7.1.6 of Physical 2.0 Terms and Conditions, Clients who have purchased the Physical 2.0 Premium Plan also purchase the PWP Program (under PWP Full Plan).8.2. If for any reason the Physical 2.0 Premium Plan service contract is terminated, the PWP Program service contract concluded in accordance with provision 7.1.6 of Physical 2.0 Terms and Conditions shall considered to be automatically terminated as well. IX. Procedure for obtaining access to the Services 9.1. The Client places an order for the provision of the Services by filling out an electronic form on the website http://physical-transformation.com/pwp/ 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 these Terms and Conditions and the Rules of Participation in the PWP Program and agrees to provide the Company with all necessary information for the proper provision of the Services, including any inquiries made by the Platform Administration through the Platform or the Client’s Personal Account or the PWP Account.9.2. After the Client has paid for the Services, provided that the Client has a Personal Account, the Company shall grant the Client access to the PWP Account through which the Services are provided. The Client who has paid for the Services but does not yet have a Personal Account must register (create) their Personal Account on the Platform. 9.3. The Company may provide the Client with access to the PWP Account before the start date of the PWP Program prepaid by the Client, however, the provision of the Services shall not begin earlier than the first day of the PWP Program in accordance with the chosen tariff. 9.4. The Company shall terminate the Client’s access to the PWP Account upon expiration of the period of Services provision prepaid by the Client, unless otherwise provided by these Terms and Conditions, the Rules of Participation in the PWP Program, or by an additional agreement of the parties.
X. Payments10.1. Payment for the Services can be made through various payment methods which are made available by the Company on the Company’s website http://physical-transformation.com/pwp/ or other recourses on the Internet. 10.2. As a general rule, payment for the Services shall be made by the Client on the terms of 100%-prepayment for one or, upon agreement of the parties, for several months of Services provision.10.3. By mutual agreement, payment for the Services may be divided into several payments (“payment in installments”). In this case, the Company provides the Client with a payment link for the next installment before the due date of each respective payment. The Company has the right to offer the Client the option to make several payments at once, while granting a discount (at the discretion of the Company).10.4. The cost of the Services is calculated based on the period of provision of Services and tariff ordered (chosen) by the Client. 10.5. The cost of Services under PWP Full Plan is usually specified for the period of one or several calendar months of their provision. The cost of Services under PWP 14-day Demonstration Plan is usually specified for the period of fourteen (14) calendar days.The current prices are published on the Company’s website at http://physical-transformation.com/pwp/ or http://physical-transformation.com/pwp/trial/, in the Company's accounts on social media, or made available through other public sources.10.6. Payment for the Services is made in the currency agreed upon by the parties during the Client’s order placement process. XI. Provision of the Services11.1. The 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: SMS and other text messages, email, phone, social media accounts on the Internet.11.2. The Services are rendered by the Company by providing the Client with access to the specified Services through the Client’s PWP Account. The Client independently consumes the provided Services during the prepaid period. The Client decides whether or not to perform certain exercises and whether or not to apply or not to apply certain information obtained through the PWP Program.11.3. The Services are provided by the Company during the period prepaid by the Client. The Company has the right to provide the Client with access to the Services after the period prepaid by the Client in the cases specified in these Terms and Conditions or the Rules of Participation in the PWP Program. 11.4. The Services are considered to be properly provided and accepted by You if the Company does not receive written motivated objections from You within five (5) calendar days after the end of the period prepaid by You. After the specified period, Your claims regarding deficiencies in the Services provided, including in their quantity and quality, may not be accepted. XII. Content and conduct restrictions and “Use at Your Own Risk” disclaimer12.1. The Company is not responsible for the conduct of the Services’ users (the Clients) and the content they post on the Platform or in the chat rooms on independent platforms. 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 or Your PWP Account whether done so by You or any third person using Your Personal Account or Your PWP Account.12.2. 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 parties.- False information and features.12.3. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether any content or conduct is appropriate and complies with these Terms and Conditions. The Company reserves the right to refuse, delete or edit 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.12.4. All information within 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, or consistency with a particular purpose.12.5. The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information received through the Services or for any consequential, special, or similar damages, even if advised of the possibility of such damages. XIII. Services cancellation13.1. The Client entitled to cancel the provision of Services by the Company at any time by sending a clear statement/notification to the Company’s email address: info@physical-transformation.com. The Terms and Conditions will be considered terminated on the day following the day the Company has received the relevant notification.13.2. The Company will reimburse You for the cost of the Services paid by You under these Terms and Conditions based on following conditions:13.2.1. In case of the Services cancelation before the start of their provision or within the first seven (7) calendar days of the first month of their provision, the payment will be fully refunded to the Client. This right is granted to the Client only once, when entering into the contract for participation in the PWP Program for the first time, and therefore it does not apply to any subsequent periods, including extension of or re-entry into the contract for the PWP Program. 13.2.2. In case of the Services cancelation after seven (7) calendar days of the first month of their provision, the payment will be refunded to the Client proportionally to the number of days the Services were actually provided.13.2.3. The amount of funds subject to refund in accordance with the previous paragraph may also be reduced by the Company by the amount of expenses incurred by the Company in connection with the provision of the Services, which amount to thirty (30) percent of the amount of money paid by the Client and include the costs associated with the allocation of space on the Platform, the lease of the PWP Account, the cost of payment for the Services of engaged specialists (third parties). By accepting this offer, the Client confirms that they have familiarized themselves with and agree with this amount of reimbursable expenses.13.2.4. Paragraph 13.2 does not apply to the PWP 14-day Demonstration Plan due to its promotional nature and the fact that its cost might be already lower when the amount of expenses to be incurred by the Company in connection with the provision of the corresponding Services. The Client who purchases the PWP 14-day Demonstration Plan acknowledges and agrees that the Company will not reimburse the price of this plan under any circumstances.13.3. The funds are to be returned to the Client according to the details of the Client’s personal bank account specified in the relevant notification/refund application.13.4. The Company has the right to refuse to provide the Services, including without any refund, in the event of the Client’s violation of these Terms and Conditions, the Rules of Participation in the PWP Program, or the rules of other Services provision. Additionally, the Company may refuse to provide the Services if the Client fails to provide the Company or the Platform Administration with the information necessary for the provision of the Services, as requested through the Client’s Personal Account or PWP Account. 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.13.5. 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”. XIV. Copyright and intellectual property 14.1. The Platform, its content and any other content provided (excluding any 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.14.2. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.14.3. By using the Platform, or any other mobile app intended for the provision of the Services or any other services provided by the Company, the Client acknowledges and agrees that all the content of the Platform or any corresponding mobile app, as well as their structure and appearance (visual design) are protected by copyright, trademark and other related intellectual property legislation. 14.4. The Client agrees to provide a link to the Platform or other corresponding mobile app when quoting information presented on the Platform. XV. License15.1. Scope of License:15.1.1. The Company grants You a revocable, non-exclusive, non-transferable, limited license to install and use the content of the PWP Program, 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.15.1.2. You may only use the Platform, its content, and the content of the PWP Program on a device that You own or control and as permitted by the respective mobile application’s terms of service.15.1.3. 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.15.2. License Restrictions:15.2.1. You agree not to, and You will not permit others to:15.2.2. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the content of the Platform, or the content of the PWP Program, or make such content available to any third party.15.2.3. 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 content of the Platform or the content of the PWP Program. XVI. Intellectual property infringement16.1. In 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. XVII. Your feedback to Us17.1. You assign all rights, title, and interest in any feedback You provide the Company with. 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. XVIII. Limitation of liability18.1. Notwithstanding 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 the foregoing shall be limited to the amount actually paid by You for the Services.18.2. 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. XIX. Disputes resolution19.1. All 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 ten (10) business days from the date of the delivery of the relevant claim (demand) to the party to which it was addressed.19.2. If any dispute is not resolved within ten (10) 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”).19.3. Disputes arising out of these Terms and Conditions or in connection with them may be referred to the DIFC Courts in accordance with paragraph 19.2. of this section only after the parties have taken measures for mandatory pre-trial settlement as provided by paragraph 19.1. of this section. XX. Severability20.1. If 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. XXI. Disclaimer21.1. The information provided to the Client as part of the Services provision is provided for general informational purposes only. 21.2. 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 training program. If You choose to use this information without prior consent of your physician, You agree to accept full responsibility for your decisions and hold harmless the Company.21.3. The Company assumes no responsibility for errors or omissions in the content of the Services.21.4. 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 content of the Services. The Company reserves the right to make additions, deletions, or modifications to the content of the Services at any time without prior notice. XXII. Views expressed disclaimer22.1. The 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.22.2. 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 a comment. The Company is not liable for any comments published by users and reserves the right to delete any comment for any reason whatsoever. XXIII.Contact Us23.1. If You have any questions about these Terms and Conditions, You can contact Us:- by visiting this page on Our website: https://physical-transformation.com/
pwp/, or- by 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.