Terms of Use

Effective Date: These Terms of Use are effective as of January 16, 2025, and will apply to all users who download, install, access, or use the HerFitBod.me from this date forward.

Overview of the App’s Purpose: HerFitBod.me is designed to empower users to achieve their fitness goals by providing accessible, innovative, and personalized workout solutions. The app offers a range of features including tailored workout plans, real-time fitness tracking, community support forums, and expert guidance to enhance your health and fitness journey. Our goal is to support you in maintaining an active lifestyle, improving your fitness levels, and fostering a positive and motivational fitness community.

Overview of the Website’sPurpose: The HerFitBod.me website serves as a comprehensive platform for fitness enthusiasts, offering a seamless experience to purchase workout PDFs, access customer support, and stay connected. Sign up for our newsletter to receive updates, tips, and insights that inspire and motivate you to achieve your health and fitness goals.

By downloading, accessing, or using the HerFitBod.me app or website, you acknowledge and agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you must not use this app. Your continued use of the app constitutes your agreement to these Terms of Use as updated or amended. We recommend that you review the Terms of Use regularly to ensure that you are aware of any changes and how they may affect you.

HerFitBod.me reserves the right to modify or update these Terms of Use at any time to reflect changes in our services, practices, or applicable laws. Any amendments will be effective immediately upon posting the revised Terms of Use on the app or our website. We will also send an email notification to the address associated with your account to alert you of any significant changes.

It is your responsibility to review the Terms of Use periodically to stay informed of any updates. Your continued use of the app after such changes have been communicated and posted will constitute your acceptance of those changes.

Eligibility Criteria: To create and maintain an account with HerFitBod.me App and website, you must be at least 13 years old. By creating an account, you represent and warrant that you meet this age requirement and that you can legally agree to these Terms of Use.

Account Creation Process and Requirements:

App: To access the full features of the app, you must complete the account registration process, which includes providing a valid email address, creating a password, and completing payment for any subscription services. Access to certain features of the app will only be granted once payment is successfully processed.

Website: To access the full features of the website, you must complete the account registration process, which includes providing a valid email address, creating a password, and completing payment for any Product. Access to certain workout PDFs will only be granted once payment is successfully processed.

Responsibilities for Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. We recommend using a strong password that includes a combination of letters, numbers, and symbols. You must notify us immediately of any unauthorized use of your account or any other breach of security.

Conditions for Account Suspension or Termination: HerFitBod.me reserves the right to suspend or terminate your account if you engage in any activity that violates these Terms of Use, including but not limited to sharing your account with non-subscribers, redistributing content from the app without authorization, or any illegal activities. Such actions may lead to permanent termination of your account and legal action where applicable.

Types of Subscription Plans: HerFitBod.me app offers various subscription plans to meet your needs. You can choose from the following durations:

• 1 month
• 1 year

Each subscription is billed in advance according to the plan’s duration.

HerFitBod.me website offers various workout PDFs you can choose from and purchase for a one-time payment.

Details on Billing, Renewal, and Cancellation: Your subscription to the HerFitBod.me app is automatically charged to your provided payment method. Subscriptions renew automatically at the end of each billing cycle unless you cancel your subscription. You can cancel your subscription at any time through your account settings, but please note that there are no refunds for unused time. Additionally, memberships cannot be frozen.

Refund Policy: We do not offer refunds on any app subscriptions or purchases from the website except as required by applicable law.

Information on Free Trials and Promotions: From time to time, HerFitBod.me may offer free trials or promotional discounts. These offers are subject to specific terms and will be provided at the time of the promotion. Please be aware that upon completion of a free trial, your subscription will automatically convert into a paid subscription unless canceled before the end of the trial period.

Explanation of Possible Modifications to the App or Features: BarbellaApp.com continuously seeks to improve and enhance the user experience. Therefore, we reserve the right to make changes, modifications, or improvements to the app, its features, or its content at any time without prior notice. These changes may include the addition of new features, modification of existing features, or the removal of features.

Notification Procedures for These Changes: Whenever significant modifications are made to the functionality or features of the app, we will make every effort to notify you in advance through the app itself or via an email notification to the address associated with your account. Minor changes that do not significantly affect the user experience may be made without prior notification.

By continuing to use the app after these changes are made, you agree to be bound by the modified terms and conditions. We encourage you to review the app and its updates regularly to ensure you are aware of any changes.

Permitted Activities: Users of HerFitBod.me are encouraged to:

• Use the app and workout PDFs for personal fitness and wellness purposes.
• Engage with app features in a manner that is respectful of the rights and dignity of others.
• Follow all instructions and recommendations provided within the app and workout PDFs to ensure safety and effectiveness in fitness routines.

Prohibited Activities: To maintain a safe and positive experience for all users, the following activities are strictly prohibited within HerFitBod.me:

• Misusing the app or the website in any way that could interfere with other users’ experiences or the functionality of the app.
• Engaging in illegal activities of any kind, including but not limited to violating applicable copyright and intellectual property laws.
• Using the app or website to transmit or upload harmful or malicious software or data.
• Attempting to gain unauthorized access to any part of the app, website, or to any other user’s accounts.
• Using the app or website for commercial purposes without explicit permission from HerFitBod.me.

Policies and Guidelines for Content Posted by Users: HerFitBod.me allows users to post content with the HerFitBod.me app, including but not limited to, personal achievements, fitness milestones, and before-and-after photos. We encourage you to share your progress and experiences while respecting the following guidelines:

• Content must be appropriate, relevant, and respectful to all users.
• Content must not contain explicit language, offensive imagery, or promote harmful behaviors.
• Users must ensure that any content posted does not violate the privacy or rights of others.

Intellectual Property Considerations: By posting content on HerFitBod.me, you grant HerFitBod.me a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, distribute, publish, and process the information and content that you provide through our services, without any further consent, notice and/or compensation to you or others. You are responsible for the content you post and must have the necessary rights to distribute it.

If you choose to remove your content, the license granted above will automatically expire, however you acknowledge that the company may retain archived copies of your content. HerFitBod.me respects intellectual property rights and expects you to do the same. Consequently, any content you upload must be your original work or you must have the right or permission to post it.

It is important for all users to adhere to these guidelines to help ensure that HerFitBod.me remains a productive and positive environment for personal growth and fitness.

Intellectual Property Rights Pertaining to App Content and User Contributions: All content provided on HerFitBod.me, including text, graphics, logos, images, as well as the compilation thereof, and any software used on the app, is the property of HerFitBod.me or its suppliers and protected by copyright and other intellectual property laws. This extends to all content created by users, which is licensed to HerFitBod.me under the terms specified in the “User-Generated Content” section.

User Rights to Use the App and Its Content: HerFitBod.me grants you a limited, non-exclusive, non-transferable, and revocable license to access and use HerFitBod.me for your personal, non-commercial use. This license is provided solely to enable you to benefit from the app as provided by HerFitBod.me, in the manner permitted by these Terms of Use. You agree not to use, copy, modify, distribute, reproduce, or exploit any part of the app or website for commercial purposes without express written permission from HerFitBod.me. Additionally, you may not reverse engineer or attempt to extract the source code of the software, unless laws prohibit these restrictions or you have written permission from HerFitBod.me.

Reference to the Privacy Policy: HerFitBod.me is committed to protecting your privacy and securing your personal information. Our practices regarding the collection, use, and disclosure of your personal information are detailed in our Privacy Policy. We strongly encourage you to read the Privacy Policy to understand how we handle your personal data. You can access the Privacy Policy at any time by clicking on this link: https://www.herfitbod.mehttps://www.herfitbod.me/privacy-policy/.

Information on Data Collection and Usage: We collect and use your information primarily to provide and improve our services. This includes:

• Personal information you provide when creating an account, such as your name, email address, and payment information.
• Data generated through your use of the app, such as workout history and fitness progress.
• Information collected through cookies and similar technologies to enhance user experience and for analytical purposes.

By using HerFitBod.me, you consent to the collection, use, and sharing of your information as outlined in our Privacy Policy. We take the responsibility of handling your information very seriously and employ various measures to protect your personal data.

Disclaimers Regarding the Non-Medical Nature of Fitness Advice: The fitness and wellness content provided by HerFitBod.me, including all exercise programs, nutritional information, and other health-related advice, is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before starting any new treatment or fitness regimen.

Encouragement to Consult Healthcare Providers Before Starting New Regimens: Before beginning any fitness program or making changes to your current regimen, it is crucial to consult with a healthcare provider to ensure that it is appropriate for your individual health needs and goals. This is especially important if you have pre-existing health conditions, are pregnant, or are recovering from surgery or other medical procedures. HerFitBod.me does not offer personalized medical advice and strongly encourages you to consult a professional to tailor recommendations to your specific health circumstances.

Disclaimer of Warranties: HerFitBod.me is provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. HerFitBod.me does not guarantee that the app will always be safe, secure, error-free, or timely; nor does it guarantee that the app will always function without disruptions, delays, or imperfections. The use of HerFitBod.me and any reliance by you on the app’s functionality is at your own risk.

Limitations on the Company’s Liability: To the maximum extent permitted by applicable law, HerFitBod.me shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to, use of, or inability to access or use the app; (b) any conduct or content of any third party on the app, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content.

By using HerFitBod.me, you agree that the aggregate liability of HerFitBod.me for any and all claims relating to the use of the app is limited to the amount you paid to HerFitBod.me for access to and use of the app during the three months prior to the claim. This limitation of liability is part of the basis of the bargain between you and HerFitBod.me and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, law) and even if HerFitBod.me has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

User Agreement to Indemnify: You agree to indemnify, defend, and hold harmless HerFitBod.me, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the app using your account.

This indemnification includes, without limitation, liability arising from your use or misuse of HerFitBod.me, your breach of the Terms of Use, your content submitted to the app, or your violation of any law or the rights of a third party.

Disclaimer for Third-Party Links and Services: HerFitBod.me may contain links to third-party websites, services, or resources that are not owned or controlled by HerFitBod.me. These links are provided solely as a convenience to you and do not constitute an endorsement by HerFitBod.me of the content or materials on such third-party platforms.

HerFitBod.me has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that HerFitBod.me shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Terms and Conditions for Participation: HerFitBod.me may from time to time offer promotions, contests, or other incentives (collectively, “Promotions”) designed to enhance user engagement and reward our community. Participation in these Promotions is voluntary and subject to the following terms and conditions:

• Eligibility: Participation is open to registered users who meet the specific criteria outlined for each Promotion. HerFitBod.me reserves the right to verify the eligibility of participants.
• Entry: Details on how to enter will be provided with each Promotion. Entries must comply with the guidelines set forth and be submitted within the specified timeframe to be considered valid.
• Conduct: Participants must conduct themselves in a fair and respectful manner at all times during the Promotion. Any attempt to manipulate the outcome of a Promotion or disrupt its fair execution may result in disqualification and further action.
• Prizes: Prizes for winning entries will be specified in the Promotion details. Prizes are non-transferable and cannot be exchanged for cash. HerFitBod.me reserves the right to substitute a prize of equal or greater value at its discretion.
• Notification: Winners will be notified via the app or email based on the contact information associated with their account. Failure to respond within the specified period in the notification may result in forfeiture of the prize.
• Conditions: All Promotions are subject to cancellation or modification by HerFitBod.me at its discretion without prior notice. Participation in any Promotion constitutes agreement to these terms and any additional specific conditions outlined upon entry.

By participating in any Promotion, you agree to release HerFitBod.me and its agents from any and all liability related to the Promotion and acknowledge that the Promotion is in no way sponsored, endorsed, or administered by, or associated with, any other entity unless explicitly stated.

Commitment to Accessibility: HerFitBod.me is committed to ensuring accessibility for all users, including those with disabilities. We strive to enhance the accessibility of our app through the following efforts:

• Design and Development: We continuously work on the app’s design and development to ensure it complies with best practices and standards for accessibility, such as those outlined in the Web Content Accessibility Guidelines (WCAG).
• Features: The app includes features designed to improve usability for users with disabilities. These features may include text-to-speech functionality, adjustable text sizes, color contrast options, and more.
• Feedback: We welcome feedback on the app’s accessibility from our community. This feedback is invaluable as we seek to make continuous improvements. Users can submit accessibility feedback via our contact form.
• Training: Our team receives regular training on accessibility issues to ensure a deep understanding of the challenges faced by users with disabilities and how to address them effectively.

By prioritizing accessibility, we aim to ensure that HerFitBod.me is usable by everyone, including those with disabilities, to fully engage with all the features and benefits our app has to offer.

Consequences of Account Termination: You may terminate your account with HerFitBod.me at any time through the account settings within the app. Upon termination, your account will be deactivated, and you will no longer have access to the app and any data or content associated with your account.

HerFitBod.me also reserves the right to terminate your account if you are found to be in violation of these Terms of Use or engaged in activities harmful to the app or other users. Such termination may be without prior notice, although HerFitBod.me will strive to provide timely communication where feasible.

Handling of User Data Post-Termination: Upon termination of your account, whether initiated by you or by HerFitBod.me, your data will be handled as follows:

• Data Retention: HerFitBod.me will retain your personal data only as long as necessary for legal or regulatory purposes or for legitimate business purposes.
• Data Deletion: After the retention period, your personal data will be deleted from our systems in accordance with our data protection policies and applicable laws.
• Access: You will not have access to your data following the deactivation of your account; however, you may request a copy of your data before account termination by contacting our support team.

Please note that certain anonymized data may be retained and utilized by HerFitBod.me to improve app functionality and compliance with applicable laws.

Mandatory Arbitration Agreement: By agreeing to these Terms of Use, you acknowledge and agree that any dispute, claim, or controversy arising out of or relating to your use of HerFitBod.me or these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be resolved exclusively through final and binding arbitration, rather than in court. This includes any claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration. The arbitration will be conducted in accordance with the arbitration laws of the United Arab Emirates.

Arbitration Process:

• Procedure: The arbitration will be conducted by a neutral arbitrator who is legally trained and who is independent of HerFitBod.me. The specific rules for the arbitration process will be in accordance with the arbitration laws of the United Arab Emirates.
• Location: The arbitration will take place in Dubai, UAE, or if not agreed, determined by the arbitrator.
• Costs: Unless otherwise explicitly agreed upon in writing by all parties, each party will bear their own costs and fees related to the arbitration proceedings.

Waiver of Jury Trial: By using HerFitBod.me, you explicitly waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Instead, by agreeing to these terms, you elect to have all claims and disputes resolved by arbitration.

Limitation on Class Actions: You and HerFitBod.me agree that any arbitration will be limited to the dispute between HerFitBod.me and you individually. To the full extent permitted by Jordan law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions: You and HerFitBod.me agree that the following disputes are not subject to the above provisions concerning binding arbitration: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of HerFitBod.me’s intellectual property rights; (ii) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

Applicable Law: These Terms of Use and any disputes arising out of or related to your use of HerFitBod.me shall be governed by and construed in accordance with the laws of the Jordan, without giving effect to its conflict of law principles.

Jurisdiction: For any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the app, the courts of Amman, Jordan, shall have exclusive jurisdiction. By using the app, you consent to the jurisdiction and venue of courts in Aman, Jordan in all disputes arising out of or relating to the use of HerFitBod.me.

Enforceability of the Terms: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms of Use will remain in full force and effect. The failure of HerFitBod.me to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Assignment and Transfer: HerFitBod.me may assign or transfer these Terms of Use, and any rights and licenses granted hereunder, to a third party without restriction and without prior notice or consent from you. However, you may not assign or transfer your rights or obligations under these Terms of Use to another party without the prior written consent of HerFitBod.me.

If you have any questions or concerns regarding these Terms of Use or any aspect of HerFitBod.me, please do not hesitate to contact us at:

• Email: support@herfitbod.me

Our dedicated customer support team is available to assist you and ensure your experience with HerFitBod.me is as smooth and enjoyable as possible. We aim to respond to all inquiries within 72 hours.