TERMS AND CONDITIONS Our Terms and Conditions were last updated on November
19, 2025Please read these Terms and Conditions carefully before using Our Service.
FIZIKL IQ-FZCO: a company, registered with the Dubai Integrated Economic Zones, the United Arab Emirates, with license number 32779 (“the Company”, “the Service Provider”), publishes these Terms and Conditions, which are the terms and conditions of a service agreement and also a public offer addressed to the Company’s clients.
As used in these Terms and Conditions, the following terms have the following meanings:
Service Provider: the Company, or one of the Company’s branches, or other persons (third parties) engaged by the Service Provider in the provision of the Services.
Client, You: a natural person who has applied for the provision of the Services and accepted this offer in accordance with these Terms and Conditions.
Platform: specialized virtual platform (software package) used for the provision of the Services in accordance with these Terms and Conditions and shaped as a mobile app or web-app.
Platform Administration: the Company’s staff members or third parties involved in the provision of the Services, who directly assist the Clients.
Season: virtual groups created on the Platform, administered by the Platform Administration over the period of time 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. The provisions concerning Season shall apply to the Client on the Premium Plan only insofar as they are not inconsistent with the Premium Plan and its conditions.
Open Season: is a special Season format whose participation terms differ from those of the standard Season. The specific features of this format are established by this offer (in particular, paragraph 3.6) and on the website at: http://physical-transformation.com/evergreen. All provisions of this offer relating to the Season and not contradicting the aforementioned specific features of the Open Season shall apply to the Open Season in full.
Physical Mentor: is a special Season format whose participation terms differ from those of the standard Season. The specific features of this format are established by this offer (in particular, paragraph 3.7) and on the website at: http://physical-transformation.com/mentor. All provisions of this offer relating to the Season and not contradicting the aforementioned specific features of the Physical Mentor shall apply to the Physical Mentor in full.
AI-mentor: is software based on a set of technological solutions designed to emulate human cognitive functions (artificial intelligence) and intended for automated informational support of the Client within the Physical Mentor with limited involvement of the Company or the Platform Administration (including supervisors).
Season Content: informational materials, the rights to which belong to the Company posted, by the Company or the Platform Administration on the Platform before or during the Season, namely: nutrition and training programs; lectures, video materials (including video lectures), and articles on nutrition; photos and any other images; materials of Physical Psychology as well as any other materials posted on the Platform before or during the Season and used by the Service Provider to provide the respective Services. Such materials are divided into parts, and access is granted step-by-step in accordance with the schedule established by the Service Provider for the respective Season.
Premium Plan Content: the full scope of the Season Content, provided without division into parts and without step-by-step access in accordance with the schedule established by the Service Provider for the respective Season.
Physical Psychology: an informational program that includes webinars conducted by a practicing psychologist, provision of pre-developed practical assignments, techniques, and exercises, review of completed assignments, open practical sessions, and other related activities. The dates of the program are determined by the Service Provider. This informational program is not a medical service.
Services: remote informational support provided to the Client, either within the timeframe of the Season or independently of the Season schedule (for Clints who have purchased the Premium Plan), including:
- access to Season Content (for Clients participating in the Season),
- access to Premium Plan Content (for Clints who have purchased the Premium Plan),
- access to Physical Psychology (for all Clients, except for Clients participating in the Physical Mentor),
- familiarization of the Client with the available nutrition and training programs, provision of nutrition recommendations, provision of educational materials on nutrition and healthy lifestyle, a supervisor’s assistance (or AI-mentor’s for those participating in the Physical Mentor) and advice provision based on the Client’s individual requests (for all Clients),
- provision of services in accordance with section 7 of this offer (for Clints who have purchased the Premium Plan),
- other services, the possibility of which is stipulated by this offer or in accordance with it (for all Clients).
Personal Account: the Client's personal page on the Platform, which becomes available to the Client after the payment for the relevant Services in accordance with these Terms and Conditions.
Premium Plan: a tariff which is characterized by a higher cost, the terms and features of which are specified in section 7 of this offer.
Loyalty Program: a rewards system called "Leagues and Tasks", the rules of participation in which are located at https://physical-transformation.com/loyalty/.
1. Acknowledgment1.1. These are the Terms and Conditions governing the provision of the Services within Season (Physical Transformation)/Open Season and regardless of the Season (Premium Plan) 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.
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. Your access to and use of the Services are also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy, which is posted on the Company's website at
http://physical-transformation.com/policy/, as well as Your acknowledges the specific features of interaction with the AI-mentor (artificial intelligence). 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/, http://physical-transformation.com/mentor or the corresponding mobile or web apps (may be subject to specific privacy policy), and tells You about Your privacy rights and how the law and organizational and technical measures we implement protect You and Your personal information. Please read Our Privacy Policy carefully before using the Services.
1.3.1. The aforementioned Privacy Policy applies to participants of the Physical Mentor, taking into account the following specifics:
1.3.2. Interaction with the AI-mentor (artificial intelligence) is carried out exclusively using depersonalized information. The Client’s personal data is not transferred to the AI-mentor (artificial intelligence).
1.3.3. Depersonalized information means information from which elements allowing direct or indirect identification of the Client have been removed or altered.
1.3.4. The Client undertakes not to attempt to circumvent the mechanisms for depersonalizing information. In the event that the Client violates the obligation set forth in this clause, the Client shall bear full responsibility for any disclosure of personal data to the AI-mentor (artificial intelligence).
1.3.5. To ensure the operation of the AI-mentor (artificial intelligence), the Company may engage third parties who provide software, computing resources, and other technical means.
1.3.6. The AI-mentor (artificial intelligence) generates responses based on algorithms processing depersonalized information, the Company's internal database, and pre-defined logic, with limited involvement of the Company or the Platform Administration (including supervisors). All recommendations provided by the AI-mentor are for informational purposes only.
1.4. 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.
1.5. 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.
1.6. 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 a written contract by the parties under these Terms and Conditions.
1.7. The Company has the right to unilaterally make changes to these Terms and Conditions, which come into effect at the moment of publishing them on the website at http://physical-transformation.com/mentor/offer/ or posting them on the corresponding mobile/web-app. The Client, in turn, undertakes to independently monitor the presence of changes in these Terms and Conditions.
1.8. By accepting these Terms and Conditions, the Client agrees to the rules of participation in the Loyalty Program. However, the Loyalty Program does not apply to the Premium Plan, to the Open Season and to the Physical Mentor.
1.9. When providing the Services specified in these Terms and Conditions, the Service Provider does not provide any medical services or medical advice.
2. Governing Law2.1. The laws of the United Arab Emirates 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.
3. The Services3.1. The Company undertakes to provide the Services by registering the Client in the Season/Open Season/Physical Mentor or Premium Plan, granting the Client access to the Personal Account (login and password), and offering remote informational support within the Season/Open Season/Physical Mentor or Premium Plan. In turn, Client agrees to accept and pay for the Services under the terms and conditions set forth in this offer.
3.2. The dates of each Season are determined by the Company in advance, and the relevant information is published by the Company on the Company's website, social networks or any other available means. By accepting these Terms and Conditions, the Client confirms their familiarization and agreement with the dates of the Season.
3.3. Upon the Client's request and for an additional fee, the Company can offer Services that include providing the Client with pre-designed 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). Unless otherwise provided in this offer, the Client may order such Services either together with or separately from the Services provided for in this offer.
3.4. When rendering Services for the Premium Plan, the Company provides the Client with access to the Personal Account (login and password) and undertakes to provide remote support to the Client, including access to Premium Plan Content, access to Physical Psychology (except for Clients participating in the Physical Mentor), familiarization of the Client with the available nutrition and training programs, formation of dietary recommendations, provision of educational materials on nutrition and healthy lifestyle topics, support of the supervisor (or AI-mentor’s for those participating in the Physical Mentor), provision of consultations at the Client's individual requests, and the Client undertakes to accept and pay for the Services on the Terms and Conditions stipulated by this offer. The provision of the Services on the Premium Plan is not tied to the dates of the Season and does not depend on the Season as such.
3.5. The Company may offer the Client various options of Services. In this case, the Client independently selects a convenient option from those offered by the Company. Information on available options, their content and features are provided by the Company at: http://physical-transformation.com/ or http://physical-transformation.com/evergreen or http://physical-transformation.com/mentor or on the Platform. The Company also reserves the right to offer the Client a change from the selected option to another one at no additional cost. In this case, the Client may request information on such possibility from the Platform Administration or the Company.
3.6. The following specific features apply to the Clients participating in the Open Season:
3.6.1. The start date of participation is not tied to the start date of a specific Season and shall be established by the Company on the website http://physical-transformation.com/evergreen, in the Company's social media accounts or other public sources;
3.6.2. The Loyalty Program does not apply;
3.6.3. Access to the Season Content is not provided after completion of participation in the Open Season;
3.6.4. Other specific features indicated on the website http://physical-transformation.com/evergreen.
3.7. The following specific features apply to the Clients participating in the Physical Mentor:
3.7.1. The Physical Mentor is a pilot Season format adapted for interaction with the AI-mentor;
3.7.2. The start date of participation is not tied to the start date of a specific Season and is set on the day of payment for the corresponding Services;
3.7.3. Client support is provided by the AI-mentor;
3.7.4. Physical Psychology is not provided;
3.7.5. The Loyalty Program does not apply;
3.7.6. The web version of the Platform is not available;
3.7.7. Access to Season Content after completion of participation in the Physical Mentor is not granted;
3.7.8. Other specific features indicated on the website: http://physical-transformation.com/mentor.
4. The Company’s obligations4.1. The Company undertakes the fulfillment of its obligations to the Client under these Terms and Conditions.
4.2. No later than 1 (one) calendar day before the intended date of commencing the Services provision, the Company shall notify the Client about it using any available methods agreed upon by both parties.
5. The Company’s rights 5.1. The Company may change the prices for the Services that have not yet been paid for by the Client; modify the payment terms, or the methods and timelines of the provision of the Services, as well as other terms and conditions specified in these Terms and Conditions.
5.2. The Company may transfer its rights and obligations under these Terms and Conditions to any third parties, as well as engage any third parties into the provision of the Services, without any additional consent, written or oral, of the Client.
6. The Client’s obligations 6.1. 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.
6.2. 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.
6.3. The Client shall make full payment for the Services in accordance with these Terms and Conditions.
6.4. The Client shall not reproduce, copy, distribute, or use in any other way the information obtained during the Season or the Premium Plan for any purposes other than personal use.
6.5. 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 and in the Personal Account; the Client shall not post any information that discredits the Company or the Platform Administration, as well as any information containing illegal, discrediting, or threatening content.
6.6. The Client shall not disclose the login and password required for access to their Personal Account and used to receive the Services under these Terms and Conditions. The Client shall make all necessary efforts to ensure the confidentiality of the data mentioned in this paragraph.
6.7. The Client shall independently monitor changes to these Terms and Conditions.
6.8. Before accepting these Terms and Conditions and paying for the Services, the Client undertakes to familiarize themselves with the Rules of Participation in the Physical Transformation, which are posted on the Company's website at
http://physical-transformation.com/rules/. The Client also agrees to familiarize themselves with the rules of other services provision (paragraph 3.3. section “The Services”), which are posted on the respective platform if the Client places an order for such Services.
6.8.1. The specified Rules of Participation apply to Physical Mentor participants to the extent not conflicting with the Physical Mentor and its provisions, subject to the following features:
6.8.1.1. The AI-mentor may act as the Platform Administration (including supervisors).
6.8.1.2. A response from the AI-mentor is provided within 1 (one) hour after receiving a request from the Client.
6.8.1.3. Webinars are not available for participants of the Physical Mentor.
6.8.1.4. Access to Season Content is not provided after completion of participation in the Physical Mentor.
6.9. The Client shall comply with these Terms and Conditions, as well as the Rules of Participation in the Physical Transformation, and other applicable rules and recommendations of the Company and Platform Administration. Specific violations of these Terms and Conditions or the rules mentioned in this section 6 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 loss of profit. 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.
6.10. By accepting these Terms and Conditions, You confirm that You are aware that absolute contraindications for receiving the Services is 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.
7. Premium Plan special provisions 7.1. Regardless of the Season, the Service Provider has the right to offer a Premium Plan. The Service Provider may limit the number of Clients who can purchase the Premium Plan, including due to the limited number of qualified resources within the Platform Administration.
The duration of the Premium Plan is determined unilaterally by the Service Provider, whereby the Service Provider has the right to set several options for purchasing Premium Plan, depending on the duration of each option, as well as to allow the Client to determine the duration of the Premium Plan (but within the time limit set by the Service Provider).
The price of the Services for the Premium Plan shall be set by the Service Provider independently and may be determined by the Service Provider on the basis of various criteria, including such criteria as the duration of the provision of the Services.
The Service Provider has the right to provide Clients who have purchased the Premium Plan with the Services specified in paragraphs 7.1.1.–7.1.6. of these Terms and Conditions. The Service Provider has the right to exclude any of the Services specified in paragraphs 7.1.1.–7.1.6. from the list of those that will be provided under the Premium Plan within a particular Season or include in the Premium Plan another service that is not specified in these Terms and Conditions.
The specific list of Services included in the Premium Plan within each Season is determined by the Service Provider separately and published by the Service Provider on the website http://physical-transformation.com/ or on other resources on the Internet, where there is the possibility for ordering and paying for the Services rendered by the Service Provider. By paying for the Premium Plan, the Client confirms their familiarization and agreement with the list of Services set by the Service Provider. The Client has the right to refuse any particular Service; however, such refusal does not affect the cost of the Premium Plan, which shall not be subject to recalculation in this case.
7.1.1. Services for organizing the collection and analysis of biological materials.
7.1.1.1. The Service Provider has the right to conclude an agreement with any organization chosen by the Service Provider (which has the right to carry out the relevant activities), according to which such organization provides services for collecting biological materials of Clients and conducting analysis (tests) of these materials, and the Service Provider pays for these Services. The list of tests performed within this Service is determined by the Service Provider. At the request of the Client, the Service Provider provides the list of tests performed.
7.1.2. Services for organizing interaction with an endocrinologist, gastroenterologist, or dermatologist.
7.1.2.1. The Service Provider has the right to conclude an agreement with any specialist chosen by the Service Provider, according to which such specialist shall provide Clients (at their request) with information services in the fields of endocrinology, gastroenterology, or dermatology, and the Service Provider, in turn, shall pay of the price of such information services to this specialist.
7.1.2.2. The services of third parties specified in paragraph 7.1.2.1. of these Terms and Conditions are informational, and, under the agreement contract they concluded with the Service Provider, these specialists do not provide medical services to Clients.
7.1.3. Search services for specialists in various fields of medicine.
7.1.3.1. At the request of the Client, the Service Provider helps the Client to find a specialist of another field of medicine defined by the Client.
7.1.3.2. The Service Provider does not guarantee to the Client, that he will be able to find a specialist at their request, nor does the Service Provider bear any responsibility for the quality and timeliness of the services provided to the Client by such specialists. In the course of provision of the services specified in this paragraph, the Service Provider does not enter into any legal relations with the chosen specialists, either on behalf of the Client or on his own behalf.
7.1.4. Advice on the use of dietary supplements.
7.1.4.1. At the request of the Client, the Service Provider provides the Client with advice on the selection and use of dietary supplements that are not medicinal products.
7.1.4.2. Upon a separate request of the Client, the Service Provider may search for vendors who sale specific dietary supplements on the Internet. However, the Service Provider does not guarantee the result of this Service, meaning it may not be able to find an offer for the sale of the corresponding product. In addition, when providing the Services specified in this paragraph, the Service Provider does not enter into any legal relations with sellers of dietary supplements, which he searches for, either on behalf of the Client or on his own behalf.
7.1.5. Additional consulting services and assistance in the field of daily nutrition and organization of food ordering, as well as in the organization of purchase and delivery of equipment for physical education and sports.
7.1.5.1. At the request of the Client, the Service Provider provides assistance in drawing up a list of food products for the Client for each week of the Client’s participation in the Season (during the paid Premium Plan) and provides its recommendations on menu preparation (including recipes).
7.1.5.2. At the request of the Client, the Service Provider provides assistance in finding offers for the sale of food, ready meals, equipment for physical education and sports, as well as provides assistance in finding persons who deliver these goods. However, the Service Provider does not guarantee the result of this Service, meaning it may not be able to find an offer for the sale or delivery of the corresponding product. In addition, the Service Provider does not enter into any legal relations with sellers of food products (and equipment for physical education and sports), which he searches for, either on behalf of the Client or on its own behalf, when providing services specified in this paragraph.
7.1.5.3. At the request of the Client the Service Provider informs the persons indicated by the Client (personal assistant, cook, family members, etc.) about the recommendations for the Client to draw up a list of food products and menus (as specified in paragraph 7.1.5.1.) and coordinate these persons with sellers of food products, ready meals, equipment for physical education and sports (as well as with persons who those who deliver these goods).
7.1.6. Services of Personalized Workout Plans (PWP) Program.
7.1.6.1. Clients who purchase the Premium Plan also acquire services of
PWP Program (PWP Services) for the entire period during which the Premium Plan purchased by the Client is in effect. These Services are provided in accordance with the terms and conditions of the Personalized Workout Plans Program (PWP), posted on the Service Provider’s website on the Internet at: http://physical-transformation.com/pwp-offer/. By paying for the Premium Plan, the Client agrees to such terms and conditions of the Personalized Workout Plans Program (PWP). In the event of a conflict between these Terms and Conditions and the terms and conditions of the Personalized Workout Plans Program (PWP), these Terms and Conditions shall prevail. The Client does not incur any additional costs for PWP services, as their cost is included in the price of the Premium Plan.
7.1.6.2. The Service Provider provides PWP Services online on a separate platform - TransformMate mobile application. In respect of the PWP Services, the Client with the Premium Plan shall be guided by the rules of participation in the PWP Program posted on the Service Provider's website on the Internet at: http://physical-transformation.com/pwp-rules/.
7.1.7. When rendering Services specified in paragraphs 7.1.1., 7.1.2, 7.1.3. of these Terms and Conditions, the Service Provider does not provide medical services, as well as does not collect or process any information about the Client's health status (including any personal data regarding their health), any biological materials or any results of their tests.
7.1.8. When third parties provide services to the Client (or sell goods to them), the organization of the provision (sale, or delivery) of which is provided by the Service Provider in accordance with paragraphs 7.1.1., 7.1.2., 7.1.3., 7.1.4., 7.1.5. of these Terms and Conditions, the Service Provider is not responsible for the provision of such services by third parties (or for the sale of products) to the Client, including for the quality, provision (or delivery) of such services (goods).
7.1.9 The Service Provider determines the period of Premium Plan provision available for payment by the Client. The Client has the right to determine the start date of the Premium Plan within the period set by the Service Provider (and paid for by the Client).
7.1.10 In case of a one-time payment for two or more calendar months of Premium Plan, the Client has the right to suspend the provision of services. The period for which the provision of the Services may be suspended is determined by the Service Provider (the number of days for which the Client may suspend the provision of the Services may not exceed the period of provision of the Services on the Premium Service). The Client may exercise the right to suspend the provision of the Services only during the Premium Plan for which it has paid. After the end of the suspension period, the period of provision of the Services that has not expired before the beginning of the period shall continue to run.
7.1.10.1 In case of suspension of the Services, the Service Provider has the right to provide the Client with access to the Premium Plan Content, whereby the Service Provider unilaterally determines the content of materials on the Premium Plan Content to which the Customer has access for the period of suspension of the Services. During the period of suspension of the Services, the Client is not entitled to use the Services specified in paragraphs 7.1.1-7.1.6. of this Terms and Conditions, as well as supervisor support and other Services, access to which the Service Provider restricts for the period of suspension of the Services.
7.1.11. The Client who has purchased the Premium Plan is entitled to access the Premium Plan Content on the terms and conditions determined by the Service Provider.
7.1.12. The Client who receives Services under the Premium Plan is not considered to be a participant in the Loyalty Program.
7.1.13. The Service Provider shall be entitled to provide the Client with access to Premium Plan Content for a period of up to 3 (three) months after the end of the Premium Plan period paid for by the Customer. In this case, the Service Provider unilaterally determines the content of the Premium Plan Content available to the Client (during the specified period).
7.1.14. If, after the end of the Premium Plan period paid for by the Client, the Client acquires a new Premium Plan period, the provision of access to Premium Plan Content on the terms and conditions specified in clause 7.1.13. of this Terms and Conditions shall be terminated on the date of commencement of Premium Plan provision for the new period. However, at the end of such new period of Premium Plan provision paid by the Client, the Service Provider may again provide the Client with access to the Premium Plan Content on the terms and conditions specified in clause 7.1.13. of this Terms and Conditions.
7.2. Special Communication and Interaction rules for the Clients with the Premium Plan:
7.2.1. The Client who has paid the Premium Plan has the right to interact with the Platform Administration both on the Platform itself or through other relevant applications designed for communication (also where voice messages are not prohibited) and agreed with the Platform Administration through the Platform.
7.2.2. The average time the Platform Administration responds to the Client who has paid the Premium Plan is within two (2) hours. The Platform Administration provides feedback and answers the Client’s questions even on weekends. In urgent cases, the Platform Administration may respond at nighttime. The question of whether to consider the case urgent is at the discretion of the Platform Administration.
7.2.3. The Platform Administration carries out additional online meetings as follows*:
· One (1) initial 45-minute meeting.
· Weekly 30-minute meetings to provide feedback and discuss the Participant’s results and individual goals (at the end of each week).
*The maximum number of meetings and their maximum duration. The time of each meeting is to be determined by the Platform Administration and the Client subject to the time intervals proposed by the Platform Administration and suitable for the Client.7.2.4. The Client who has paid the Premium Plan has the right to receive the Services specified in section 7 of these Terms and Conditions. In case the Client wants to receive any of these services, the Client shall inform the Client’s personal supervisor by contacting them.
7.2.5. In order to provide services to the Client with the Premium Plan, the Service Provider appoints a specialist from the Platform Administration, who serves as the Client’s personal supervisor and has knowledge and expertise both in nutrition and training. In order to provide Services to the Client outside the Client’s personal supervisor’s working hours, the Platform Administration appoints another acting supervisor.
8. Procedure for obtaining access to the Services 8.1. The Client places an order for the provision of the Services by filling out an electronic form on the website http://physical-transformation.com/ or http://physical-transformation.com/evergreen or http://physical-transformation.com/mentor 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 agrees to provide the Company with all necessary information for the proper provision of the Services, including information regarding any inquiries made by the Platform Administration through the Platform.
8.2. After the payment for the Services, 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.
9. Payments9.1.
The Services are provided on a prepaid basis, thus, are subject to one hundred (100) percent advance payment. The Client undertakes to pay for the Services prior to the beginning of their actual provision, unless otherwise agreed by the parties in writing.
9.2.
The price of the Services is set by the Service Provider and determined on the basis of various criteria, including such criteria as the duration of the provision of the Services.
9.3. Payment for the Services can be made through various payment methods the Company has available on the Platform or on other resources on the Internet where it is possible to order and pay for the Services.
9.4. Payment cards (credit or debit cards) are subject to validation checks and authorization by Your card issuer. If the Company or the Company’s provider of payment services does not receive the required authorization, the Company will not be considered liable for non-delivery of the Services.
9.5. By mutual agreement, payment for the Services provided in paragraph 3.1. 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:
9.5.1. The Client pays 100% of the cost for the first four weeks of the Season/Premium Plan before the Company starts providing the Services as outlined in paragraph 3.1/section 7.
9.5.2. The Client pays 100% of the cost for the fifth to eighth week (inclusive) before the end of the fourth week of the Season/Premium Plan.
9.5.3. The Client pays 100% of the cost for the ninth to twelfth week (inclusive) before the end of the eighth week of the Season/Premium Plan.
9.5.4. The Client pays 100% of the cost for the thirteenth to sixteenth week (inclusive) before the end of the twelfth week of the Season/Premium Plan.
9.5.5. 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 paragraphs 9.5.1.–9.5.4., while granting a discount at the discretion of the Company.
9.5.6. For participants of the Open Season/Physical Mentor, the provisions of paragraph 9.5 shall apply taking into account the commencement date of the relevant Services. The Company shall be entitled to propose individual payment terms to the Client for the Open Season/ Physical Mentor.
9.6. The cost of the Services is calculated based on the volume of Services required by the Client.
9.7. Payment for the Services is made in the currency agreed upon by the parties during the Client's order placement process.
10. Provision of the Services10.1. The Client agrees that the Company or the Platform Administration may interact with them directly through various means of communication, including but not limited to the following: postal mail, SMS or other text messages, email, phone, social media accounts, and others.
10.1. The Company provides the Services remotely, via the Internet.
10.2. The Services are provided by the Company through granting the Client an 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.
10.4. The Services include, but are not limited to:
- access to the Season Content or Premium Plan Content during the prepaid period of Services provision,
- providing curator services (or AI-mentor for those participating in the Physical Mentor) and consultations through an online chat and other means of communication during the prepaid period of Services provision,
- formation of dietary recommendations,
- provision of educational materials on nutrition and healthy lifestyle topics,
- access to Physical Psychology (except for Clients participating in the Physical Mentor),
- providing other services, the list, terms, timelines, and costs of which are determined separately by the Company.
An additional description of the Services and it options is provided by the Company on the website: http://physical-transformation.com/ or http://physical-transformation.com/evergreen or http://physical-transformation.com/mentor or on the Platform.
10.5. The Services provided in accordance with paragraph 3.3. are rendered by the Company through the TransformMate mobile app 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).
10.6. The Services are provided by the Company within the period prepaid by the Client. The Service Provider has the right to provide the Client with access to the Platform and the Season Content after the period prepaid by the Client or after the end of the Season in the cases specified in these Terms and Conditions or in the Rules of Participation in the Physical Transformation. The Service Provider shall notify the Client no later than two (2) calendar days prior the access expiration date.
10.7. 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.
11. Content and conduct restrictions11.1. The 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 who uses Your Personal Account.
11.2. You may not transmit any content or commit any conduct that is unlawful, offensive, upsetting, 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.
- Infringement upon any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonation of any person or entity including the Company and its employees or other representatives.
- Violation of the privacy of any third person.
- False information and features.
- Content or actions that disrespect religious beliefs.
- Actions that undermine the state system, symbols, or institutions.
- Content or actions that harm international relations of the state.
- Content or actions that disrespect cultural or national heritage.
- Content or actions that incite interfaith, regional, tribal, or social discord, promoting violence, hatred, terrorism, or otherwise undermine societal stability.
- Violation of legal, economic, judicial, or security systems, including intellectual property rights or currency/economic regulations.
- Promotion of illegal activities.
- Publication or distribution of materials that violate public morality.
- Dissemination of rumors or false information, including fake documents or misattributed content.
11.3. 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, and refuse or remove such content from the Platform or any chat room. 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 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. Services cancellation12.1. The Client entitled to terminate the provision of the Services by the Company at any time by sending a clear notification via email: info@physical-transformation.com. These Terms and Conditions will be considered terminated on the day following the day the Company receives the respective notification.
12.2. The Company will reimburse You for the Services based on following conditions:
- In case the provision of the Services is terminated before the start of their provision or within seven (7) calendar days after their start, the payment will be fully refunded to the Client.
- In case the provision of the Services is terminated after seven (7) 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 the provision of the Services is terminated caried out under paragraph 3.3., the payment is subject to partial refund minus the cost of the Services proportionally to the number of days of actual Services provision.
12.3. The Company will reimburse the Client no later than ten (10) business days from the day on which the Company receives 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 request.
12.4. The Company has the right to immediately suspend the provision of the Services or refuse to provide the Services entirely (terminate the provision of 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 Physical Transformation, or rules of other services provision, or recommendations specified in paragraphs 6.9. and 6.10. Additionally, the Company may refuse to provide the Services if, for a continuous period of three (3) 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.
12.5. The Company has the right to immediately suspend the provision of the Services or refuse to provide the Services entirely (terminate the provision of the Services), including without any refund, if the Client fails to fulfill their obligation to make payments for such Services within the specified period, as outlined in section “Payments”.
13. Copyright and Intellectual Property 13.1. The Platform, the Season Content, the Premium Plan 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.
13.2. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
13.3. By using the Platform or the Season Content, the Premium Plan Content 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, the Premium Plan Content, or the content of the corresponding mobile/web app, as well as their structure and appearance (visual) are protected by copyright, trademarks, or other related intellectual property rights.
13.4. The Client agrees to provide a link to the Platform or other corresponding mobile/web app when quoting the information presented on the Platform or the Season Content or the Premium Plan Content.
14. License14.1. Scope of License:
14.1.1. The Company grants You a revocable, non-exclusive, non-transferable, limited license to install and use the Season Content or the Premium Plan 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.
14.1.2. You may only use the Season Content or the Premium Plan Content or the content of nutritional or training programs on a device that You own or control and as permitted by terms of use of the respective mobile app.
14.1.3. The license that is granted to You by the Company is solely for Your personal, non-commercial use strictly in accordance with these Terms and Conditions.
14.2. License Restrictions:
14.2.1. You agree not to, and You will not permit others to:
14.2.2. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Season Content or the Premium Plan 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 parties.
14.2.3. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or licensors of the Season Content or the Premium Plan Content or the content of nutritional and training programs.
15. Intellectual Property Infringement15.1. 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.
16. Your Feedback to Us16.1. You 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.
17. Limitation of Liability17.1. Notwithstanding any damages that You might incur beyond that amount, the entire liability of the Company or any of its subcontractors under these Terms and Conditions and Your exclusive remedy for all the foregoing is limited to the amount actually paid by You for the respective Services in the respective period.
17.2. To the maximum extent permitted by applicable law, in no event will 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, for business interruption, for personal injury, arising out of or in any way related to the use of or inability to use the Service, third-party software 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.
18. Disputes Resolution18.1. All disputes, disagreements, or claims arising out of these Terms and Conditions or in connection with them will 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.
18.2. If any dispute, disagreement, or claim 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, disagreement, 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, will be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (the “DIFC Courts”).
18.3. Disputes, disagreements, or claims arising out of these Terms and Conditions or in connection with them may be referred to the DIFC Courts in accordance with paragraph 18.2. of this section only after the parties have taken measures for mandatory pre-trial settlement as provided by paragraph 18.1. of this section.
19. Severability19.1. 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.
20. Disclaimer20.1. The information contained in the Services is for general information purposes only.
20.2. The Company assumes no responsibility for errors or omissions in the contents of the Services.
20.3. To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages whatsoever, whether in an action of contract, negligence, or other tortious act, arising out of or in connection with the use of the Services or the contents thereof. The Company reserves the right to make additions, deletions, or modifications to the contents on the Services at any time without prior notice.
20.4. The Company does not provide medical services, perform diagnoses, administer treatment, prescribe medications or other substances, and does not interpret or comment on the results of medical tests and examinations. The Company does not give medical advice, nor does it recommend, prescribe, cancel, or adjust dosages of any medications or preparations. Use of any medicines, pharmaceutical products, dietary supplements, food products, etc. is the Client’s sole responsibility. Responsibility for the choice, use, or consequences of using any medicines, pharmaceutical products, dietary supplements, food products, etc., as well as for the necessity to obtain prior consultation from a physician or other specialist, lies solely with the Client. All recommendations provided by the Company are evaluated by the Client independently, taking into account their own health condition, physical indicators, strength, endurance, etc., based on which the Client makes an independent decision regarding the possibility and appropriateness of following such recommendations. The Client’s health is their own responsibility. If the Client has any doubts regarding the presence or absence of medical contraindications for participating in the Season/Premium Plan, whether arising before entering into the agreement or during its term, or if there is a deterioration in health condition or appearance of any negative symptoms during participation in the Season/Premium Plan, the Client is obliged to immediately consult with a qualified specialist (physician) and follow the recommendations given by such specialist (physician). The Client is obliged to immediately inform the Company about any worsening of health condition or appearance of any negative symptoms during the period of participation in the Season/Premium Plan.
20.5. The Company is not responsible for the functionality, performance, security, or quality of third-party applications, services, platforms, or integrations that are outside the Company's control and used in conjunction with the Services or to receive It. All actions performed by the Client related to the use of third-party software are carried out at the Client's own responsibility.
21. Fitness & Nutritional Information Disclaimer21.1. The Season Content or the Premium Plan 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.
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 nutrition or training program.
21.3. 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.
22. Views Expressed Disclaimer22.1. The Services may contain views and opinions that 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.
23. "Use at Your Own Risk" Disclaimer23.1. All 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.
23.2. The Company is not liable for any decisions or actions taken based on the information provided through the Services.
24. Contact Us24.1. 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,
- 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.