PLEASE READ THESE TERMS OF SERVICE CAREFULLY (IN PARTICULAR, SECTION 6 “PAYMENTS AND REFUNDS” AND SECTION 7 “CREDIT BALANCE”) BEFORE MAKING A PURCHASE.
Immediately after payment, you will have instant access to your plan. Please follow the instructions after payment.
1.1. These Terms and Conditions (the “Terms”) govern the relationship between you and iShape Company (CNPJ 54.573.376/0001-14), headquartered at Rua Luz Interior, 320, Juiz de Fora, Minas Gerais, Brazil, regarding your use of the Company’s website and other services (the “Website” or the “Service”), including all texts, graphics, videos, music, software, and other content available through the Service (the “Content”).
1.2. Your access to and use of the Service constitutes your agreement to be bound by these Terms of Service (the “Terms”), which establish a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE. If you do not agree to all of these Terms, you are expressly prohibited from using the Service and must discontinue use immediately.
1.3. Supplemental terms, policies, or documents that may be published on the Service from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
1.4. Any translation of the English version is provided for your convenience only. In the event of any discrepancy in meaning or interpretation between the Portuguese version of these Terms available at [POLICY LINK] and any translation, the Portuguese version shall prevail. The original English text will be the only legally binding version.
1.5. We will notify you of any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each change.
1.6. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and deemed to have acknowledged and accepted any revised Terms by continuing to use the Service after the date such revised Terms are posted.
1.7. THESE TERMS CONTAIN DISCLAIMERS (SECTIONS 2 AND 14), LIABILITY LIMITATIONS (SECTION 15), AND PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, COURT HEARING, AND PARTICIPATION IN A CLASS ACTION LAWSUIT (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT-OUT WITHIN 30 DAYS OF YOUR FIRST USE OF OUR SERVICE AS PROVIDED IN SECTION 11, ARBITRATION IS THE EXCLUSIVE AND MANDATORY DISPUTE RESOLUTION METHOD, EXCEPT AS SPECIFIED IN SECTION 11 BELOW.
2.1. THE COMPANY DOES NOT PROVIDE OR OFFER ANY MEDICAL ADVICE, HEALTH INSURANCE, OR OTHER HEALTHCARE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE, OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS, OR WELLNESS, OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS, OR TREATMENT OF ANY INJURY, DISEASE, ILLNESS, OR CONDITION (COLLECTIVELY, “HEALTH SERVICES”).
2.2. THE SERVICE MAY NOT BE SUITABLE FOR EVERYONE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL THAT MAY BE USEFUL FOR ACHIEVING YOUR GENERAL HEALTH AND FITNESS GOALS. YOU ACKNOWLEDGE THAT YOUR EXERCISE ACTIVITIES INVOLVE RISKS, INCLUDING THE RISK OF BODILY INJURY OR DEATH, AND YOU ASSUME THESE RISKS. BEFORE ACCESSING OR USING THE SERVICE, YOU AGREE TO RELEASE AND WAIVE THE COMPANY FROM ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, ARISING FROM YOUR USE OF THE SERVICE.
2.3. YOU SHOULD CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE IF THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AGAINST MEDICAL ADVICE OR IF IT MAY POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE, AND WELL-BEING, AS WELL AS FOR THE HEALTH, LIVES, AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.
2.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE THROUGH THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER FROM US OR THIRD PARTIES (EVEN IF CLAIMING TO BE A DOCTOR), IS NOT INTENDED TO BE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR (I) ADVICE FROM YOUR DOCTOR OR OTHER PROFESSIONALS, (II) A VISIT, CALL, OR CONSULTATION WITH YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS, OR (III) INFORMATION CONTAINED IN OR ON ANY PRODUCT PACKAGING OR LABEL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE SERVICE. IF YOU HAVE ANY HEALTH-RELATED QUESTIONS, CALL OR CONSULT YOUR DOCTOR OR ANOTHER HEALTH PROFESSIONAL IMMEDIATELY. IF YOU HAVE AN EMERGENCY, CALL YOUR DOCTOR OR LOCAL EMERGENCY SERVICES IMMEDIATELY.
2.5. YOUR USE OF THE SERVICE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.
2.6. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR INACCURACIES OR MISREPRESENTATIONS REGARDING FOOD RECIPES, EXERCISES, OR OTHER CONTENT FROM THE SERVICE. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY FOOD MANUFACTURERS, WHETHER ONLINE OR ON ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGENS, CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A FOOD PRODUCT, CONTACT THE MANUFACTURER DIRECTLY.
2.7. WE MAKE NO GUARANTEES ABOUT THE LEVEL OF SUCCESS YOU MAY ACHIEVE, AND YOU ACCEPT THE RISK THAT RESULTS MAY VARY FOR EACH INDIVIDUAL. TESTIMONIALS AND EXAMPLES PROVIDED ABOUT THE SERVICE ARE EXCEPTIONAL RESULTS THAT DO NOT APPLY TO THE AVERAGE PERSON AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO GUARANTEE THAT PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. WE ALSO CANNOT GUARANTEE THAT YOU WILL MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.
2.8. EACH INDIVIDUAL’S HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON THEIR TRAINING, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY HEALTH-RELATED SERVICE, YOUR RESULTS MAY VARY AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO YOUR INDIVIDUAL CAPABILITY, LIFE EXPERIENCE, UNIQUE HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERIENCE, AND COMMITMENT LEVEL. YOUR USE OF THE SERVICE SHOULD BE BASED ON YOUR OWN DUE DILIGENCE, AND YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SUCCESS OR FAILURE OF YOUR PHYSICAL CONDITION THAT IS DIRECTLY OR INDIRECTLY RELATED TO YOUR PURCHASE AND USE OF THE SERVICE.
2.9. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, THE COMPANY DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE. YOU ARE ENCOURAGED TO CONSULT YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS REGARDING THE INFORMATION CONTAINED OR ACCESSED THROUGH THE SERVICE.
Here is the English translation of your text:
3.1. To use the Service, you must provide certain information about yourself.
3.2. If you use the Service, you represent and warrant to the Company that:
(i) all required information you submit is true and accurate;
(ii) your use of the Service does not violate any applicable laws or regulations or these Terms. Otherwise, the Service may not function properly, and we may not be able to contact you with important notices.
3.3. The Service is not intended for use by individuals under the age of 18. You represent and warrant to the Company that you meet the above qualification. All users who are minors in their jurisdiction of residence (typically under 18 years old) must have permission from and be directly supervised by their parents or guardians to use the Service. If you are a minor, you must have your parents or guardians read and agree to these Terms before using the Service.
3.4. The Company reserves the right to suspend or terminate your use of the Service or your access to the Service, with or without notice, if you violate these Terms.
3.5. By using the Service, you agree to receive certain communications, such as Service updates or a periodic newsletter via email from the Company. You may opt out of non-essential communications by unsubscribing from email notifications.
3.6. The Service may be modified, updated, discontinued, or suspended at any time without prior notice to you or liability on our part.
4.1. You acknowledge and agree that the availability of our applications depends on the third party from which you obtained the application, such as the Apple App Store and/or other app stores (collectively, “App Stores,” and each individually, an “App Store”).
4.2. You agree to pay all fees charged by the App Stores and by us in connection with the App. You agree to comply with, and your license to use the App is conditioned on your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce these Terms.
4.3. You acknowledge that all text, images, trademarks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software, and materials displayed on the Service or used by the Company to operate the Service (excluding any User Content, as defined below) are our property or that of third parties.
4.4. The Company expressly reserves all rights, including all intellectual property rights, in all of the above. Except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation thereof is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.
4.5. The information you submit to us, as well as any data, text, and other materials you may submit or post on the Service (“User Content”), remains your intellectual property, and the Company does not claim ownership of copyright or other proprietary rights over such information and User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all information and User Content and use such information and User Content as reasonably necessary or incidental to its operation of the Service, as described in these Terms and the Privacy Policy.
4.6. You grant the Company the non-exclusive, worldwide, transferable, perpetual, and irrevocable right to publish, distribute, publicly display, and perform the User Content in connection with the Service.
4.7. Subject to these Terms, the Company grants you a non-transferable, non-exclusive license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes and to install and use the App exclusively on your own portable mobile device (e.g., iPhone, Android, etc., as applicable) and solely for your personal, non-commercial purposes.
4.8. You agree, represent, and warrant that your use of the Service, or any part thereof, will be consistent with the above license, covenants, and restrictions and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties. Additionally, you agree to comply with all applicable laws, regulations, and ordinances related to the Service or your use of it, and you will be solely responsible for your individual violations of such laws.
4.9. You are solely responsible for obtaining the equipment and telecommunications services necessary to access the Service and all associated fees (such as computing devices and Internet service provider and airtime fees).
4.10. We reserve the right to implement any changes to the Service (whether for free or paid functionalities) at any time, with or without notice. You acknowledge that various Company actions may harm or prevent you from accessing the Service at certain times and/or in the same way, for limited or permanent periods, and you agree that the Company has no liability or obligation as a result of such actions or outcomes, including, without limitation, the deletion of or failure to make available to you any content or services.
4.11. Your access to and use of the Service is at your own risk. The Company shall have no liability for any damage to your computer system, loss of data, or other harm to you or third parties, including, without limitation, any bodily injury resulting from your access to or use of the Service or reliance on any information or advice.
4.12. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide customer support from time to time at its sole discretion.
5.1. By using the Service, you represent and warrant that:
6.1. Certain features of the Service may be offered for a fee. You may make a purchase directly from the Company or through an App Store (a “Purchase”).
6.2. To the fullest extent permitted by applicable law, we may change Purchase fees at any time. We will give you reasonable notice of such price changes by posting the new prices on the Service or sending an email notification.
6.3. You authorize us and the App Stores to charge the applicable fees to the payment method you submit.
6.4. Our Service may offer subscriptions that automatically renew. Unless you cancel your subscription before the end of the subscription period, you authorize us to charge for the renewal term. The terms of the automatic renewal and cancellation procedure will be disclosed to you in the Service.
7.1. We may make an account balance (“Credit Balance”) available to you. It functions as a balance that allows you to use certain Services according to the restrictions and conditions detailed below.
7.2. Please note that the Credit Balance:
18. GENERAL PROVISIONS
18.1. These Terms and any policies or operational rules published by us on the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms operate to the maximum extent permitted by law. We may assign any or all of our rights and obligations to third parties at any time. We shall not be liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
18.2. If any provision or part of a provision of these Terms is found to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Service.
18.3. We may transfer or assign any and all of our rights and obligations under these Terms to any other person in any manner, including by novation, and by accepting these Terms, you consent to any such assignment and transfer. You acknowledge that posting a version of these Terms on the Service indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of our rights and obligations under these Terms (unless expressly stated otherwise).
18.4. You agree that these Terms shall not be construed against us by reason of having been drafted by us. You waive any and all defenses you may have based on the electronic form of these Terms and the lack of signatures by the parties to execute these Terms.
19. CONTACT DETAILS
If you wish to send any notice under these Terms or have any questions about the Service, you may contact us at: support@ishape.app.
I HAVE READ THESE TERMS AND AGREE TO ALL THE PROVISIONS SET FORTH ABOVE.