RULES OF PARTICIPATION
in the PWP Program

last updated on Octber 31, 2024

As used in these Rules, the following terms shall have the following meanings:

Terms and Conditions: a public offer (hereinafter also referred to as the "Offer") which is posted on the Company's website on the Internet at http://physical-transformation.com/pwp/offer/.

The Company, We, Us or Our: FIZIKL IQ – FZCO, including any of its representatives or employees.

Client, You: natural person who has applied for the provision of services and accepted the Offer in accordance with the Terms and Conditions.

Contract: the contract which has been concluded between the Company and the Client as a result of the acceptance of the Offer by the Client in accordance with the Terms and Conditions.

Platform: specialized virtual platform (software package) used for services provision according to the Terms and Conditions 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 (assist the Clients).

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.

Participant: a Client who has reached the age of 18 and has no medical contraindications to the participation in the PWP Program. Pregnancy is also an absolute contraindication to the participation in the PWP Program.

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 services.

PWP Account: additional functionality of the Personal Account, necessary for the provision of services. PWP Account includes an online chat with a personal supervisor, as well as a repository of training blocks. It is available to the Client during the prepaid period of service provision.

PWP Full Plan: main tariff which offers all scope of services () included in the PWP Program under the Terms and Conditions 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 under the Terms and Conditions which may be offered exclusively to new Clients who have not used any services specified in the Terms and Conditions before.



1.    Acknowledgement

1.1. These Rules of Participation in the PWP Program (hereinafter referred to as the “Rules”) provide a general set of rules which should be followed by all Participants and include the rules of participation and interaction between the Participants and the Platform Administration or with other Participants during the PWP Program, as well as establish liability for violation of these rules.

1.2. In everything else that is not directly regulated by these Rules, the parties are guided by the Terms and Conditions. In case of inconsistency between these Rules and the provisions of the Terms and Conditions, the provisions of the Terms and Conditions shall prevail.


2. Conditions of participation

2.1. The Participant can participate in the PWP Program subject to the following conditions (applied together):
- The Participant has a cell phone with video recording capability and internet access.
- The Participant has a tripod for their cell phone.
- The Participant has downloaded TransformMate mobile app and registered the Personal Account. In addition, it is a prerequisite for participation in the PWP Program that the Participant has access to a gym for the duration of the PWP Program. The minimum required gym equipment is determined individually for each Participant by their personal supervisor.

2.2. In order to receive services and achieve the goals of participation in the PWP Program, the Participant undertakes to independently and regularly perform the exercises included in the Participant's individual training block following the instructions and recommendations provided by the Platform Administration (the Participant’s personal supervisor), and upload data on such training (weights, number of repetitions, etc.) to the appropriate section of the Platform (hereinafter referred to as “training reports”).

2.3. In order to receive services and achieve the goals of participation in the PWP Program, the Participant makes a video recording of their performance of the exercises specified in paragraph 2.2 of these Rules and uploads the finished video recordings to the Platform immediately after the exercise session.

2.4. If the Participant knows that for any reason (personal/family matters business trips, etc.) the Participant will not be able to fulfill any of the obligations specified in paragraphs 2.2–2.3 hereof for three (3) or more consecutive calendar days, they shall notify the Participant’s personal supervisor using the functionality of the Platform.

2.5. The Participant undertakes not to publish or otherwise distribute materials and information, published by the Platform Administration on the Platform or in the Participant's PWP Account or provided by the Platform Administration to the Participant in any other way, without prior written permission of the Platform Administration. In each case of such permitted publication, the Platform shall be mentioned as the source of such information (materials).

2.6. Without obtaining any prior permission in accordance with paragraph 2.5 of these Rules, the Participant has the right to publicly retell in their own words, including in their personal social media accounts, the information received during the participation in the PWP Program, as well as to share any of their results, interim or final. In each case, the Platform should be mentioned as the source of such information.


3.    Training blocks and feedback

3.1. After conclusion of the Contract, provided that the Participant has the Personal Account, the Platform Administration shall provide the Participant with access to the PWP Account through which the services are rendered.

3.2. The provision of services under the PWP Program does not begin before the start date of the service period prepaid by the Participant. However, prior to the start date of the prepaid service period, the Company may send a preliminary (introductory) training block of exercises to the Participant who has access to the PWP Account.

3.3. During the period of the participation in the PWP Program, individual training blocks are developed by the Participant's personal supervisor based on the information provided by the Participant and the goals set by the Participant in the PWP Program. For this purpose, the Participant fills out a special questionnaire on the Platform.Individual training blocks are accessed through “Training Block Storage” section of the PWP Account.

3.4. During the period of participation in the PWP Program, the Participant performs exercises and uploads data on their performance (training reports), including relevant videos, to their PWP Account in accordance with paragraphs 2.2–2.3 of these Rules.

3.5. The Participant’s personal supervisor studies the data provided by the Participant on the performance of the exercises (training reports) and relevant videos, and on their basis provides the Participant with feedback in the form of comments, targeted guidance (instructions) or adjustments to the technique of the exercises. If necessary, the personal supervisor makes adjustments to the Participant’s individual training block (in terms of weights, number of repetitions, etc.).

3.6. The Platform Administration, including the Participant’s personal supervisor do not provide feedback on the performance of the preliminary (introductory) training block (paragraph 3.2) by the Participant.

3.7. All instructions provided by the Participant’s personal supervisor regarding training are mere recommendations. The Participant shall independently evaluate their own strength and capabilities, taking into account their health condition, physical indicators, endurance and other personal characteristics, and decide whether it is possible and reasonable to follow such guidance (instructions). Neither the Company nor the Platform Administration shall be liable for any harm caused by the Participant to themselves or any third parties as a result of following the instructions of the Participant’s personal supervisor or performing the exercises included in the training blocks available on the Platform, i.a. individual training blocks.


4.    Communication and interaction rules

4.1. All communication between the Participant and the Participant’s personal supervisor takes place in the chat room, in “My topic” section of the PWP Account, via text messages and media files.

4.2. Unless otherwise agreed by the Company and the Client, the Platform Administration (including the Participant’s personal supervisor) answers your questions on business days. The average response time is within twenty-four (24) hours. Weekends and public holidays are considered to be non-business days; therefore, the Platform Administration reserves the right to answer the questions asked during such periods on the next following business day.

4.3. Answers to most of the questions that may arise during participation in the PWP Program can be found on the Platform in “PWP guidelines” section.

4.4. In case the Participant experiences any difficulties in interacting or communicating with their personal supervisor or any other member of the Platform Administration, the Participant shall inform the Company about such difficulties at the Company's e-mail address specified in paragraph 9.2 of these Rules.

4.5. All Participants can join the PWP general chat room on Telegram. To the Participant who has purchased the PWP Full Plan, the PWP Program general chat room is made available during the second or third week of their participation in the PWP Program. In case the Participant has purchased the PWP 14-day Demonstration Plan, the PWP Program general chat room is made available during the second week of their participation in the PWP Program. The PWP Program general chat room stays available to all Participants for the entire period of participation in the PWP Program. Participation in the PWP Program general chat room is not mandatory and is voluntary.

4.6. The PWP Program general chat room is created for the sole purpose of providing the Participants with the opportunity to communicate, receive support from other Participants, and share their results of participation in the PWP Program.

4.7. The PWP Program general chat room rules of conduct:
- any advertising is prohibited;
- it is prohibited to create or advertise any third-party chat rooms;
- it is prohibited to share information which is not related to the PWP Program ("flood");
- it is prohibited to send voice messages, video messages, and “stickers”;
- it is prohibited to send several short messages in a row instead of sending a single message;
- any inappropriate behavior (e.g., accusations, insults, aggression) is prohibited (the Platform Administration reserves the right to assess the Participant's behavior in the chat room at the discretion of the Platform Administration represented by the general chat room moderators);
- it is prohibited to discuss the personality or job performance of any member of the Platform Administration, including personal supervisors, moderators of the general chat room, etc.;
- it is prohibited to share information which demoralizes other participants; this includes complaints about the Participant’s physical or emotional condition, lack of progress, etc. (these issues should be discussed with a personal supervisor in "My topic" section of the PWP Account);
- it is prohibited to share information or post images (photos) which do not comply with the current legislation or accepted norms of morality;
- it is prohibited to provide other Participants with recommendations regarding training (during the PWP Program, this right belongs exclusively to the Platform Administration);
- any discussion of medical diseases, conditions or treatment, including provision of medical advice, is strictly prohibited;
- it is prohibited to ask and discuss personal questions regarding participation in the PWP Program, including those related to the individual training block (these questions can be discussed with the Participant’s personal supervisor in “My topic” section of the PWP Account).

4.8. The moderators of the PWP Program general chat room monitor the compliance with the general chat room rules provided by paragraph 4.7 by each Participant. The Platform Administration, represented by the general chat room moderators, reserves the right to decide whether the information and images (photos) posted by the Participant comply with the general chat room rules. In case the information or image (photo) posted by the Participant does not comply with the general chat room rules, the moderators have the right to delete such information or image (photo) or exercise the rights provided by paragraph 7.4of these Rules.


5.    Test Period

5.1. The first seven (7) days of the PWP Program under the PWP Full Plan are considered to be a trial (test) period. During the trial (test) period, the Participant has the right to unilaterally and without giving reasons refuse further participation in the PWP Program and receive a refund of the paid cost of the relevant services in full.

5.2. The right to a trial (test) period provided for in paragraph 5.1 of these Rules is granted to the Participant, who has purchased the PWP Full Plan, once, when entering into the Contract for participation in the PWP Program for the first time, and therefore it does not apply to periods associated with the Participant's subsequent extension of the period of participation in the PWP Program and/or re-entry into the Contract.

5.3. After the expiration of the term set forth in paragraph 5.1 of these Rules, the Participant's refusal to participate in the PWP Program (refusal to receive services) and the return of funds shall be carried out in accordance with the provisions of the Contract.

5.4. In accordance with the Terms and Conditions (including in accordance with paragraph 13.2.4 of the Terms and Conditions), the provisions of paragraphs 5.1–5.3 of these Rules shall not apply to the PWP 14-day Demonstration Plan. The Company shall not reimburse the price of the PWP 14-day Demonstration Plan, either in full or in part, under any circumstances.


6.    Medical contraindications

6.1. The Company and the Platform Administration, i.a. the Participant’s personal supervisor, do not provide medical services, do not diagnose any diseases, do not prescribe treatment, and do not interpret or comment on the medical tests results of the Participants.

6.2. By accepting the Terms and Conditions and concluding the Contract, the Participant confirms that they have no medical (or other) contraindications for the participation in the PWP Program.

6.3. The Participant takes complete and sole responsibility for the state of their health. If the Participant has concerns about the presence of medical contraindications for the participation in the PWP Program that arise before the conclusion of the Contract or during its validity period, or if the Participant starts to experience any negative symptoms during the PWP Program, the Participant must immediately seek appropriate medical advice from their physician or healthcare provider and follow the recommendations of such physician or healthcare provider.

6.4. The Participant is obliged to immediately inform the Platform Administration about any deterioration in the Participant’s health or about the appearance of any negative symptoms during the PWP Program.


7.    Responsibility for violation of the Rules

7.1. For failure to comply with these Rules, the Participant shall be liable as provided by these Rules, the Contract, or applicable law.

7.2. If the Participant fails to fulfill the obligations specified in paragraphs 2.2–2.4 of these Rules, the Company reserves the right to exclude the Participant from the PWP Program and terminate the provision of services until the end of the prepaid service period.

7.3. Any accusations, insults, threats, or aggression against members of the Platform Administration or any of the Participants, as well as any other inadequate behavior is prohibited within the framework of participation in the PWP Program, both on the Platform or through over sources of communication, including the PWP Program general chat room (paragraph 4.5). The adequacy of behavior is assessed by the Platform Administration. The Platform Administration reserves the right to immediately exclude the Participant from the PWP Program and terminate the provision of services until the end of the prepaid service period in case of inadequate behavior of such Participant.

7.4. If the Participant violates the provisions of paragraph 4.7 of these Rules, the Company reserves the right (without any explanation) to remove the Participant from the PWP Program general chat room:
    7.4.1. in case of initial violation – for one (1) day;
    7.4.2. in case of repeated violation – for three (3) days;
    7.4.3. in case of a threefold violation – for one (1) week;
    7.4.4. further, in case of multiple violations – until the end of their participation in the PWP Program.


8.    Confidentiality of the Participant’s data

8.1. The Company and the Platform Administration shall take all necessary technical and organizational measures to ensure the protection of confidential information received from the Participant before or during the PWP Program. Personal data, as well as other information posted by the Participant in the Personal Account, except for the information posted by the Participant in the PWP Program general chat room, are available only to the Participant and the Platform Administration and are used by the Platform Administration only for the purposes stated in the applicable privacy policy.


9.    Other provisions

9.1. Unless otherwise provided by these Rules, by the Contract or by any additional agreement of the parties, the Participant’s access to the services and content of the PWP Program (PWP Account) is terminated upon expiration of the prepaid service period.

9.2. If You have any further questions, concerns, or complains in relation to these Rules or the Contract, please do not hesitate to email Us at info@physical-transformation.com.

9.3. These Rules are an integral part of the Terms and Conditions and the Contract.

9.4. The Company reserves the right to unilaterally amend these Rules from time to time. Any updates will come into force at the moment of publication of such updates on the Company’s website at https://physical-transformation.com/pwp/rules/ and apply to the Contracts concluded after the moment of such publication.