Last modified: October 15, 2019
Welcome to Bodyforge! Please read these Terms of Use and our Privacy Policy (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of this application and Bodyforge’s services, as described further below.
These terms of use are entered into by and between you and Daniel Smith (“Bodyforge,” “we,” “our,” or “us”), and they govern your access to and use of this application (“Application”), including any content, functionality, and services offered on or through the Application, whether as a guest or a registered user.
Please read the Terms carefully before you start to use the Application. By using the Application, or by agreeing to these Terms by creating an account on the Application, you agree to be bound by our Terms. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Application or any Bodyforge services, but please get in touch with us so we can try to help.
If you have questions about our billing procedures, see the Subscriptions and Payments section below.
This agreement remains in full force and effect while you use the Application and provisions that would naturally survive after you stop using the Application of Bodyforge’s services will remain in effect.
The Application is intended only for access and use by individuals at least thirteen (13) years old. If you are not at least thirteen (13) years old, you are prohibited from using the Application.
We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and your continued use of the Application following the posting of revised Terms means you agree to the changes.
ALL INFORMATION CONTAINED ON THE APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEDICAL OR NUTRITIONAL ADVICE. INFORMATION ON THE APPLICATION IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY A QUALIFIED AND LICENSED MEDICAL PROFESSIONAL. YOU SHOULD NOT USE INFORMATION ON THE APPLICATION FOR THE DIAGNOSIS OR TREATMENT OF A HEALTH PROBLEM. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER BEFORE MAKING ANY FITNESS OR NUTRITIONAL ROUTINE CHANGES. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THE TERMS, BODYFORGE DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE APPLICATION.
You acknowledge that Bodyforge does not guarantee weight reduction or improvement in physical conditioning and fitness.
The Application includes information about exercise, weightlifting, and nutrition so that you can make choices about your workout routines and meals. However, the information on the Application is meant for a general audience, and does not take into account any individual restrictions, limitations, or needs that you may have, including any nutrient deficiencies, allergies, or any other food-related health problems.
Therefore, you are solely responsible for ensuring that your use of the Application and any information on or from the Application complies with your personal dietary restrictions and physical needs and limitations. Any reliance you may place on the information on the Application, or your use of any of the information on the Application, including information received from a coach, is strictly at your own risk. Bodyforge is not responsible or liable for any injuries or damages that may arise from your use of information on the Application.
The Application may include videos and other instructions for exercising, weightlifting, and other activities. We strongly advise you to read all instructions carefully and completely, as we try to include helpful tips for different activities. However, the videos do not take into account individual bodies, injuries, experience levels, dietary restrictions, or other factors that may impact your success or potential for injury or harm. Your use of and reliance on the videos is at your own risk, and Bodyforge is not responsible or liable for any injuries or damages that may arise from the videos or other content on the Application.
If you receive information from a coach through private messaging on the Application, the coach has limited information about you, your medical history, and your physical attributes, and your use of the coach’s information is strictly at your own risk. Bodyforge and the coaches are not responsible for any act or omission of the coach or your reliance on any information from a coach. The coach’s suggestions are not intended to be or replace medical advice.
The Application may include content or items provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Bodyforge, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Bodyforge. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties on or through the Application.
You must have an account, which is accessed through your Facebook login information, to use the Application. All information that you provide on the Application must be correct, current, and complete, and this information is governed by our Privacy Policy. You consent to all actions we take with respect to your information consistent with our Privacy Policy.
You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You should immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account, with or without your knowledge.
We have the right to terminate, suspend access to, or disable any account at any time in our sole discretion, including if, in our opinion, you have violated any provision of the Terms.
We may update the content on the Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Application may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to withdraw or amend the Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period.
Bodyforge may allow you to try the Application with a Free Trial. When you sign up for the Free Trial, you will be asked to authorize payment for a subscription to the Application at the end of the Free Trial period. If you do not cancel the subscription by the end of the Free Trial period, your account will be automatically charged for the subscription. If you sign up for a subscription prior to the end of the Free Trial, any unused portion of the Free Trial period is forfeited. The current subscription options, including the rates, are listed in the Application.
All subscriptions automatically renew, unless you cancel them from your iTunes account at least 24 hours before the end of the current billing period. Accounts will be charged for renewal within 24 hours prior to the end of the current period. Refunds will not be given once a payment has been made, but you can cancel the subscription at any time to ensure that future payments are not made. Bodyforge reserves the right to modify its fee or payment structure at any time. If the fee increases, you will be asked to agree to the new rate, otherwise your subscription will expire at the end of your current billing cycle.
All payments for the Application are controlled and managed by Apple. Payments will be charged to your iTunes account upon confirmation of purchase.
For more information about payments, cancellations, or managing your subscriptions and auto-renewal, please contact Apple or go to your iTunes account settings within your mobile device. Apple also offers the following information about managing your Apple subscriptions: https://support.apple.com/en-us/HT202039.
You are solely liable for all the taxes, fees, and commissions resulting from use of the Application. These Terms of Use do not create a joint venture, partnership, or principal-agent relationship between you and Bodyforge, and nothing in these Terms may be used to imply such a relationship.
In the event that you provide us any feedback related to Application, you agree we may use the feedback to improve and promote Application in any manner we choose, and that you will not be due any compensation for your feedback that is used in these ways.
The information that we collect on the Application is governed by our Privacy Policy. You may also choose to share information from the Application voluntarily through social media platforms, and such sharing is done at your own risk and discretion.
If you download the Application, you agree and understand that the Application is licensed, not sold, to you for use only under these Terms. Bodyforge reserves all rights not expressly granted to you. This license is in addition to any license terms required by Apple, Google, or any other source from which you may download the Application, and all are binding on you. In the event that this license conflicts with other license terms, these terms control.
This license granted to you for the Application by Bodyforge is limited to a non-transferable license to use the Application on any device that you own or control and as permitted by these Terms and any other terms that may apply when you download the Application.
The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Bodyforge, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Application for your personal, non-commercial use only, subject to the following restrictions:
You may use the Application only for lawful purposes and in accordance with the Terms. You agree not to use the Application:
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Application is controlled and operated from the United States and is subject to its laws. If you choose to access the Application outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BODYFORGE NOR ANY PERSON ASSOCIATED WITH BODYFORGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER BODYFORGE NOR ANYONE ASSOCIATED WITH BODYFORGE REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE APPLICATION IS FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE APPLICATION IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL, NUTRITIONAL, OR ANY OTHER PROFESSIONAL ADVICE OR TREATMENT. THE APPLICATION DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NUTRITIONAL, DIETETIC, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT. BODYFORGE ADVISES USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH, FITNESS, NUTRITION, OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID, OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR BECAUSE OF INFORMATION YOU OBTAINED FROM THE APPLICATION.
BODYFORGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL BODYFORGE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APPLICATION, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BODYFORGE AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO BODYFORGE FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Bodyforge, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or your use of the Application, including, but not limited to, your use of the Application’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Application.
All matters, disputes, and claims relating to the Application and the Terms are governed by the laws of the State of California without giving effect to any conflict of law provisions or rules.
At Bodyforge’s sole discretion, it may require you to submit any disputes arising from the use of the Terms or the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
No waiver by Bodyforge of any term or condition set forth in the Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bodyforge to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Bodyforge with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application.
The Application is operated by Daniel Smith, a sole proprietorship in California.
All feedback, comments, requests for technical support and other communications relating to the Application should be directed to legal@bodyforge.com.