Terms of service for coaches in the United States

You must accept the following terms of service in order to use our products or services.

Quick Overview 🤓

We know that Terms of Service can be very boring, but it is important to us that you read them before using our services. Therefore we’ve compiled a quick overview of what we believe to be the most important aspects of our Terms of Service and Privacy Policy. You might have a different opinion on what’s important, therefore you should read through both documents yourself.

1. We don’t do refunds.
2. We don’t sell your data to anybody, but we might use it in order to market and improve our own products.
3. You must be at least 18 years old to use our services.
4. We reserve the right to close, delete or disable your account if you don’t follow our Terms of Service, or if we decide that you’re not using our services for its intended use.
5. Our team will have access to some of the data we collect from you, which may be considered sensitive information in certain jurisdictions. We need access to this information in order to maintain and run our platform, and we will use it for this purpose alone. The following list is not complete, but includes what we believe to be the most important

• Data about you, including your name and email address.
• All payments are collected through our platform including your balances and revenues.
• We process the personal information of clients in accordance with our privacy policy, which you can view here Client Privacy Policy.
• In certain cases, our team may need to access your account to fix bugs and errors. When we access your account, our developers will be able to see what you see when using the platform–meaning all your data and all of your clients’ data.

     6. Some content that you create on our platform, we reserve the right to review and publish to others, if we find that other coaches can benefit from it. This includes:

• Exercise Types
• Food Recipes
• Food Ingredients

We will never publish any images or videos if they are not public elsewhere (for example on Youtube), unless we have your permission. If you don’t want us to do this, please inform us.

     7. If you use our platform to receive payments or sell products/services, we only facilitate the payments together with a third-party payment processor, and we are not included in the deal between you and your customer. Therefore, if your customer creates a dispute and requires a chargeback or anything similar, you must provide the funds to make this happen. You should review the applicable terms and policies of the payment processor, including their refunds, privacy and data gathering practices.

     8. We have different types of licensing types and price structures: 

• Fixed licenses – ie. fixed monthly pricing. These are always paid up front before using our service.
• Metered licenses – ie. pricing based on usage. These are always paid retroactively when an invoicing interval has ended (typically after a month has ended) – at this time we know what your usage has been.
• Mixed licensing – i.e. a combination of fixed and metered licensing. When using this licensing type two payments will be made for each invoicing interval. One payment made at the beginning of the interval (typically start of month), and one payment after interval has ended (typically after month has ended).
• Payment Fees – if you’re receiving payments from your customers through our platform, we will often keep a payment processing fee directly from the payments made to you from your customers. This fee can be percentual, fixed or both.

     9. When using metered licensing, we often use “active clients” as the variable. A client is considered active if it has been in the client list for more than 48 hours of a given invoicing interval (typically within a given month). A client will be in the client list until it is ended manually (deactivated). For example if an invoicing interval starts on Feb 1, 2022 a client must be ended (deactivated) before Feb 3, 2022 in order to NOT count as an active client in February. Also note, that a client is considered active regardless of the client status (ie. “active”, “pending”, “paused”, “on-hold”) – this is because all features are always available to you and the client regardless of client status. The client status is merely a tool for you to group your clients. In other words, the licensing starts when a client is created, and ends when the client is deactivated (ended).

    10. We have two different ways of receiving payments:

• Credit card,
• Withdrawal directly from your account balance on the third-party payment platform.

All payment processing fees will always be collected by withdrawal. Payment for the Services will typically be collected by credit card, but we also have the option to collect such payments by account withdrawal. When using account withdrawal for licenses, we will always discuss this with you first, but we reserve the right to use withdrawals without your consent, if you have outstanding balances.

Terms and conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the app.beefit.io website (“Website” or “Service”), “Beefit Coach” mobile application (“Mobile Application”), and any of the related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Benefit Technologies ApS (“Benefit Technologies ApS”, “we”, “us” or “our”). By accessing and using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website, the Mobile Application or the Services. You acknowledge that this Agreement is a contract between you and Benefit Technologies ApS, even though it is electronic and is not physically signed by you, and it governs your use of the Website, the Mobile Application and the Services.

Accounts and membership

You must be at least 18 years of age to use the Website, Mobile Application and the Services. By using the Website, Mobile Application and the Services, and by agreeing to this Agreement, you warrant and represent that you are at least 18 years of age. If you create an account on the Website or the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

Any content owned by you that you submit on the Website or the Mobile Application in the course of using the Service shall continue to be your property. You shall bear the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted content. We may monitor and review the content on the Website or the Mobile Application submitted or created using our Services by you but are not obligated to do so. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any content that, in our opinion, violates any of our policies or is in any way harmful or objectionable. By submitting content to the Website or the Mobile Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right (1) to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such content for any purpose/according to your account settings and this Agreement, (2) to use, reproduce, adapt, modify, publish or distribute the content for commercial, marketing or any similar purpose, and (3) to use such content to the extent permitted by our Privacy Policy.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website, the Mobile Application and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Payment Processors

We use a third party payment service provider  as the underlying payment gateway when processing payments in connection with these Terms. This third party is Stripe Inc. (US) , Payments Europe, Ltd. and/or their affiliates (the “Payment Processor”). You are required to set up a Stripe Connect account when registering for an account. You acknowledge and agree that the Payment Processor’s terms will govern your agreement and interactions with the Payment Processor and that our terms and policies do not govern the processing of your payment by the Payment Processor, and further that we have no liability arising from your use of or access to their services. We are not responsible for any errors by the Payment Processor. You should review the applicable terms and policies of each Payment Processor, including their privacy and data gathering practices.

Taxes

Each party shall be solely responsible for the payment of all taxes and duties imposed by all governmental entities, as they pertain to that respective party’s duties, obligations, and performance under the Agreement, with the exception of general sales tax, which we will collect, withhold, report and remit with regards to client payments. If applicable, you must be VAT registered.

Accuracy of information

Occasionally there may be information on the Website or the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website, the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website or the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or the Mobile Application should be taken to indicate that all information on the Website, the Mobile Application or the Services has been modified or updated.

Backups

We perform regular backups of the Website and the Mobile Application and their content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to other resources

Although the Website, the Mobile Application and the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website, the Mobile Application and the Services. Your linking to any other off-site resources is at your own risk.

Refund Policy

There’s no refunds on any of our services to you as a coach or coaching business. 

Client Services

You are responsible for delivering quality services and managing relationships with your clients. We may provide tools to assist in client management, but you are solely responsible for the effectiveness and outcome of your coaching services.  You acknowledge and agree that we are independent businesses and you are not an employee, agent, or representative of ours. 

Public-facing contact information and terms

You acknowledge and agree to provide public-facing contact information, terms of service and a privacy policy for your clients on your trainer Mobile Application or website, as required by applicable law.

Compliance with Laws

You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the US or Denmark. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your trainer Mobile Application or website, provide your coaching services, or that may otherwise be held by you) in your use of the Services and your performance of obligations under these Terms.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website, the Mobile Application and the Services or content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, the Mobile Application and the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website, the Mobile Application, and the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website, the Mobile Application and the Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Benefit Technologies ApS or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Benefit Technologies ApS. All trademarks, service marks, graphics and logos used in connection with the Website, the Mobile Application and Services, are trademarks or registered trademarks of Benefit Technologies ApS or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website, the Mobile Application and the Services may be the trademarks of other third parties. Your use of the Website, the Mobile Application and the Services grants you no right or license to reproduce or otherwise use any of Benefit Technologies ApS or third party trademarks.

Grant

During the term of this Agreement, and subject to the terms and conditions set forth in this Agreement, Benefit Technologies ApS hereby grants to you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, install and/or use the Mobile Application and Website for virtual coaching.

You hereby grant to Benefit Technologies ApS a royalty-free, fully paid-up, non-exclusive right and license to use any material uploaded to the Website and the Mobile Application by you or a client, including, without limitation, plans, guides, pictures, videos, audio, and other materials generated or owned by a client or you without the use of the Services (“External Materials”) solely as necessary to incorporate them into, or otherwise use them in connection with the Mobile Application and the Website and otherwise as necessary to provide the Services under this Agreement, which shall include without limitation the right to reproduce, process, host, cache, index, store, and format your External Materials.

Restrictions

You shall not, and shall not permit any other person to:

1. copy the Mobile Application and the Website, in whole or in part, except as expressly permitted by this Agreement;

modify, translate, adapt, or otherwise create derivative works or improvements, whether patentable or not patentable, of the the Mobile Application and the Website;

2. remove, delete, alter, or obscure any trademark or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Mobile Application and the Website, including any copy thereof;
3. use the the Mobile Application and the Website for purposes of: (i) developing, using, or providing a competing product or service; or (ii) any other purpose that is to our detriment or commercial disadvantage;
4. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobile Application and the Website to any third party, including on a network where it is capable of being accessed, except to your clients to as expressly permitted by this Agreement;
5. combine the Mobile Application or the Website or any part thereof with, or incorporate the Mobile Application or the Website or any part thereof in, any other programs, or
6. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Mobile Application or the Website or any part thereof.

Ownership

As between the parties, Benefit Technologies ApS retains all right, title, and interest, including all intellectual property rights, in and to the Website, the Mobile Application, the Services and any and all underlying software and technology, relevant documentation, and any derivative works, modifications or improvements of any of the foregoing. You acknowledge and agree that the Mobile Application and Website are provided under a license, and not sold to you. You do not acquire any ownership interest in the Mobile Application or Website under this Agreement, or any other rights thereto other than to use the Mobile Application or Website in accordance with the sub-license expressly granted hereunder, and subject to all terms, conditions, and restrictions, set forth in this Agreement.

Reservation of Rights

Benefit Technologies ApS and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Website and the Mobile Application, including any and all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Accordingly, Benefit Technologies ApS, its licensors and affiliates shall remain free to exploit the intellectual property and to allow any number of other licensees or sublicensees to also exploit the same intellectual property without any restrictions of any sort. As such, we may, at any time, grant a third party (including your competitors) user rights to the Website or the Mobile Application similar to those granted to you.

You further acknowledge and agree that Benefit Technologies ApS, our licensors and affiliates are not restricted in any use of the Website and the Mobile Application, and we, our licensors and affiliates may therefore simultaneously market and/or sell services to you and third parties.

External Material

You warrant and represent to us that you are the owner of any intellectual property that you upload onto the Website or the Mobile Application, and you will not upload any third-party intellectual property onto the Website or the Mobile Application unless you have permission from that party or is otherwise legally entitled to do so.

Improvements

Benefit Technologies ApS retains all right, title, and interest, including all intellectual property rights, in and to any modification of or improvement or enhancement to the Services, including to the Mobile Application and Website (collectively, “Improvements”), and we shall, at our sole discretion, decide which of these Improvements, if any, will be shared with you.

In the event that you are granted the right of use to any Improvements, you shall only have such right for the term of the Agreement under the same terms and conditions as the rights granted under these Terms.

Limitation of liability

EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL BENEFIT TECHNOLOGIES APS, OUR RELATED ENTITIES, OR ANY OF THEIR REPRESENTATIVES, BE LIABLE TO YOU, ANY CLIENT, OR THIRD PARTY, FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOSS OF PROFITS, REVENUES, DATA, OR USE, REPLACEMENT SERVICES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE MOBILE APPLICATION, YOUR RELATIONSHIP WITH ANY CLIENT OR PROSPECTIVE CLIENT INCLUDING INJURIES, OR YOUR WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM IN WHICH ANY ACTION IS BROUGHT.

THE AGGREGATE CUMULATIVE MONETARY LIABILITY OF US FOR ANY AND ALL DIRECT DAMAGES FOR ANY AND ALL CLAIMS, EVENTS OR OCCURRENCES ARISING UNDER OR RELATING TO THE AGREEMENT, NOTWITHSTANDING THE FORM IN WHICH ANY SUCH ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO  THE AMOUNTS RECEIVED BY US UNDER THIS OR SEPARATE AGREEMENT FOR THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM, EVENT OR OCCURRENCE GIVING RISE TO THE DIRECT DAMAGES GIVING RISE TO THE CLAIM.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT BE PERMITTED, INCLUDING THE EXCLUSIONS FOR PERSONAL INJURY, CONSEQUENTIAL DAMAGES, OR INCIDENTAL DAMAGES, THEREFORE THIS LIMITATION MAY NOT APPLY. THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

You and us acknowledge and agree that the parties entered into the Agreement in reliance upon the limitations of liability set forth in this section, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

Indemnification

You shall indemnify, defend, and hold harmless  Benefit Technologies ApS and its officers, directors, subsidiaries, employees, agents, affiliates, subcontractors, successors, and permitted assigns (each, an “Indemnified Party,” and collectively “Indemnified Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by the Indemnified Parties, arising out of or relating to any third-party claim alleging, and to the extent of any obligation imposed on any Indemnified Party in connection with:

1. any obligation to pay withholding taxes or similar items; 
2. you being determined not to be an independent contractor;
3. breach or non-fulfillment of any provision of this Agreement by you your employees, agents or contractors (“Coach Personnel”);
4. any negligent or more culpable act or omission of you or Coach Personnel (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement, including but not limited to relating to any client;
5. use of the Website, the Mobile Application or the Services, in whole or in part, by or on behalf of you that is outside the purpose, scope, or manner of use authorized by this agreement, or in any manner contrary to our instructions, including but not limited to use that infringes upon the intellectual property rights of any third party;
6. any bodily injury, death of any person, or damage to real or tangible personal property caused by you or Coach Personnel;
7. any failure by you or your employees or contractors to comply with any applicable federal, state or local laws, regulations, or codes in the performance of its obligations under this Agreement, including but not limited to the unlicensed provision of medical, dietary, or nutritional advice or counseling; and
8. any claim that the use of your products, services, or actions (including actions by Coach Personnel) infringes or misappropriates any intellectual property or other rights of any third party in any country. 

Indemnification Procedure

We shall notify you in writing of any claim that the Indemnified Party believes falls within the scope of the indemnifications provided under this Agreement. 

We may cooperate with you at your sole cost and expense. You shall immediately take control of the defense and investigation of such action and shall employ counsel to handle and defend the same, at your sole cost and expense. You shall not settle any third-party claim without our prior written consent. We may participate in and observe the proceedings at our own cost and expense with counsel of our own choosing.

Disclaimer of Warranties

YOUR USE OF THE SERVICES, THE WEBSITE, THE MOBILE APPLICATION, OUR TRADEMARKS AND OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION ALL EXTERNAL AND THIRD-PARTY CONTENT, IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE SERVICES, THE WEBSITE, THE MOBILE APPLICATION, OUR TRADEMARKS AND OTHER INTELLECTUAL PROPERTY ARE PROVIDED “AS-IS” AND “AS AVAILABLE ”. EXCEPT WHERE PROHIBITED BY LAW AND EXCEPT WHERE EXPRESSLY SET OUT HEREUNDER, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR UNDERTAKINGS AND TO THE MAXIMUM EXTENT ENFORCEABLE BY LAW WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, UNDERTAKINGS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES UNDERTAKINGS, TERMS OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, SYSTEM INTEGRATION, PERFORMANCE, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, WE FURTHER DISCLAIM ALL REPRESENTATIONS, WARRANTIES UNDERTAKINGS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, THAT THE SERVICES, THE WEBSITE, THE MOBILE APPLICATION, OUR TRADEMARKS AND OTHER INTELLECTUAL PROPERTY SATISFY ALL OF YOUR OR YOUR CLIENT’S REQUIREMENTS OR SHALL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

WE TAKE NO RESPONSIBILITY FOR THE ACTIONS AND INTERACTIONS OF CLIENTS ON COMMUNITY GROUPS, INCLUDING BUT NOT LIMITED TO ANY UPLOAD OF CONTENT THAT IS DEFAMATORY OR INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, THE SPREAD OF HARMFUL MISINFORMATION, OR ORGANIZATION OF CRIMINAL ACTIVITIES AND THE LIKE.

WE DISCLAIM ALL RESPONSIBILITY FOR ANY DAMAGES OR CLAIMS THAT ARISE FROM YOUR ADVICE, COUNSELING, AND YOUR USE OF THE WEBSITE, THE MOBILE APPLICATION OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ADVICE RELATING TO ANY PLANS, WORKOUTS, OR EXERCISES.

Relationship of the Parties

The relationship between you and us is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. Nothing in this Agreement shall give you the right to instruct, supervise, control, or direct the details and manner of the completion of the Website, the Mobile Application or the Services by us.  

You shall be solely responsible for the manner and hours in which virtual coaching is performed under this Agreement.

You shall not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing, or retirement benefits, or any other fringe benefits or benefit plans offered by us to our employees, and we shall not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining workers’ compensation insurance on your behalf. 

You acknowledge and agree that you are obligated to report as income all compensation received by you pursuant to this Agreement, and you agree to and acknowledge the obligation to pay all taxes, including without limitation all federal and state income tax, social security taxes and unemployment, disability insurance and workers’ compensation applicable to you and any person who performs virtual coaching or other services in connection with this Agreement. You shall be responsible for, and shall indemnify us against, all such taxes or contributions, including penalties and interest.

Any persons employed or engaged by you in connection with the performance of the services shall be your employees or contractors and you shall be fully responsible for them and indemnify us against any claims made by or on behalf of any such employee or contractor.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Any arbitral award determination shall be final and binding upon the Parties. Judgment on the award may be entered in any court having jurisdiction.

The Parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

ARBITRATION SHALL PROCEED ONLY ON AN INDIVIDUAL BASIS. THE PARTIES WAIVE ALL RIGHTS TO PURSUE ANY CLASS OR COLLECTIVE CLAIMS AGAINST EACH OTHER IN COURT, ARBITRATION, OR ANY OTHER PROCEEDING. 

Each Party shall only submit their own individual claims against the other and shall not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the Parties. In the event the prohibition on class or collective claims is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement shall remain in full force and effect.

THE PARTIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OTHERWISE THE PARTIES HEREBY AGREE THAT SUCH RIGHT WILL SHALL BE FOREVER BARRED AND WAIVED.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website, the Mobile Application  and the Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website, the Mobile Application or the Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website, the Mobile Application  or the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website, the Mobile Application  and the Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@beefit.io.

This document was last updated on December 9, 2024

Refund policy

Since the Service offers non-tangible, irrevocable goods we do not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product on the Services. Please make sure that you’ve carefully read service description before making a purchase.

Contacting us

If you would like to contact us concerning any matter relating to this Refund Policy, you may send an email to support@beefit.io

This document was last updated on January 6, 2025.

Acceptable use policy

This acceptable use policy (“Policy”) sets forth the general guidelines and acceptable and prohibited uses of the app.beefit.io website (“Website”), “Beefit Coach” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). If we notice that you do not adhere to this Policy we may give you notice and allow you to self-correct, or, as a last resort, take account-level action.

Prohibited activities and uses

You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

• Distributing malware or other malicious code.
• Disclosing sensitive personal information about others.
• Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
• Distributing pornography or adult related content.
• Promoting or facilitating prostitution or any escort services.
• Hosting, distributing or linking to child pornography or content that is harmful to minors.
• Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
• Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
• Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
• Facilitating pyramid schemes or other models intended to seek payments from public actors.
• Threatening harm to persons or property or otherwise harassing behavior.
• Purchasing any of the offered Services on someone else’s behalf.
• Misrepresenting or fraudulently representing products or services.
• Infringing the intellectual property or other proprietary rights of others.
• Facilitating, aiding, or encouraging any of the above activities through the Services.

System abuse

Any User in violation of the Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

• Use or distribution of tools designed for compromising security of the Services.
• Intentionally or negligently transmitting files containing a computer virus or corrupted data.
• Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
• Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

Service resources

You may not consume excessive amounts of the resources of the Services or use the Services in any way which results in performance issues or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

• Deliberate attempts to overload the Services and broadcast attacks (i.e. denial of service attacks).
• Engaging in any other activities that degrade the usability and performance of the Services.

No spam policy

You may not use the Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of the Services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with the Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.

Defamation and objectionable content

We value the freedom of expression and encourage Users to be respectful with the content they post. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or the Services, as determined in our sole discretion.

Copyrighted content

Copyrighted material must not be published via the Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we may, at our discretion, run an investigation and, upon confirmation, may remove the infringing material from the Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Services for the removal of any such material. If you believe your copyright is being infringed by a person or persons using the Services, please get in touch with us to report copyright infringement.

Security

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Services. You must protect the confidentiality of your login details, and you should change your password periodically.

Enforcement

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

• Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.
• Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Services, as determined by us in our sole discretion.
• Reporting violations to law enforcement as determined by us in our sole discretion.
• A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your account.

Suspended and terminated User accounts due to violations will not be re-activated.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

Reporting violations

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

Changes and amendments

We reserve the right to modify this Policy or its terms relating to the Services at any time, effective upon posting of an updated version of this Policy on the Services. When we do, we will send you an email to notify you. Continued use of the Services after any such changes shall constitute your consent to such changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Services.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to it, you may send an email to support@beefit.io.

This document was last updated on May 20, 2021

Disclaimer

This disclaimer (“Disclaimer”) sets forth the general guidelines, disclosures, and terms of your use of the app.beefit.io website (“Website”), “Beefit Coach” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Disclaimer is a legally binding agreement between you (“User”, “you” or “your”) and Benefit Technologies Aps (“Benefit Technologies Aps”, “we”, “us” or “our”). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Disclaimer. If you are entering into this Disclaimer on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Disclaimer, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Disclaimer, you must not accept this Disclaimer and may not access and use the Services. You acknowledge that this Disclaimer is a contract between you and Benefit Technologies Aps, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

Representation

Any views or opinions represented on the Services belong solely to the content creators and do not represent those of people, institutions or organizations that Benefit Technologies Aps or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

Content and postings

You may not modify, print or copy any part of the Services. Inclusion of any part of the Services in another work, whether in printed or electronic or another form or inclusion of any part of the Services on another resource by embedding, framing or otherwise without the express permission of Benefit Technologies Aps is prohibited.

You may submit new content and comment on the existing content on the Services. By uploading or otherwise making available any information to Benefit Technologies Aps, you grant Benefit Technologies Aps the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. You may not impersonate any other person through the Services. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person’s privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. By submitting or posting content on the Services, you grant Benefit Technologies Aps the right to edit and, if necessary, remove any content at any time and for any reason.

Fitness disclaimer

The information available on the Services is for general health information only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should not rely exclusively on information provided on the Services for your health needs. All specific medical questions should be presented to your own health care provider and you should seek medical advice regarding your health and before starting any nutrition, weight loss or any other type of workout program.

If you choose to use the information available on the Services without prior consultation with and consent of your physician, you are agreeing to accept full responsibility for your decisions and agreeing to hold harmless Benefit Technologies Aps, its agents, employees, contractors, and any affiliated companies from any liability with respect to injury or illness to you or your property arising out of or connected with your use of this information.

There may be risks associated with participating in activities presented on the Services for people in good or poor health or with pre-existing physical or mental health conditions. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.

The results obtained from the information available on the Services may vary, and will be based on your individual background, physical health, previous experience, capacity, ability to act, motivation and other variables. There are no guarantees concerning the level of success you may experience.

Changes and amendments

We reserve the right to modify this Disclaimer or its terms relating to the Services at any time, effective upon posting of an updated version of this Disclaimer on the Services. When we do, we will send you an email to notify you. Continued use of the Services after any such changes shall constitute your consent to such changes.

Acceptance of this disclaimer

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to access or use the Services.

Contacting us

If you would like to contact us to understand more about this Disclaimer or wish to contact us concerning any matter relating to it, you may send an email to support@beefit.io.

This document was last updated on January 6, 2025.