Last updated: 18/09/2025
These Terms of Use (the "Terms") apply and govern your use of Shapely. Please read them carefully. By proceeding through any screen/feature/button which directly refers to these Terms and to the respective consent resulting from proceeding so, you confirm that you agree to be bound by these Terms.
If you do not agree to these Terms or any part thereof, you shall not use Shapely.
NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT REQUIRES DISPUTES RELATED TO YOUR USE OF SHAPELY TO BE RESOLVED IN ARBITRATION (NOT IN COURT) ON AN INDIVIDUAL BASIS (NOT THROUGH CLASS ACTION OF ANY KIND). IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW THAN IN COURT. ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES RELATED TO YOUR USE OF SHAPELY AND IS MANDATORY, WITH A FEW EXCEPTIONS SPECIFIED IN SECTION 12 (FOR EXAMPLE, YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION AGREEMENT, INCLUDING CLASS ACTION WAIVER PROVISIONS, WITHIN 30 DAYS OF ACCEPTING THESE TERMS).
YOUR SUBSCRIPTION TO SHAPELY WILL AUTOMATICALLY RENEW UNTIL CANCELED AS FURTHER DESCRIBED IN SECTION 5 (FOR WEB PURCHASES OR IN-APP PURCHASES, RESPECTIVELY).
THESE TERMS CONTAIN IMPORTANT DISCLAIMERS. PLEASE SEE DETAILS IN SECTION 4.
IF YOU HAVE ANY QUESTIONS OR COMPLAINTS REGARDING SHAPELY, PLEASE COMMUNICATE THEM TO THE APPROPRIATE CUSTOMER SUPPORT AGENTS. WE ENCOURAGE YOU TO COMMUNICATE WITH US VIA EMAIL, IN WHICH CASE WE CAN EFFECTIVELY PROCESS YOUR REQUEST AND RESOLVE THE ISSUE RAPIDLY.
| 1.1 | Shapely is a product providing fitness guides including easy-to-follow workout programs and interval training plans designed to lose weight and efficiently burn calories, available via the link www.shapely.coach (the “Website”) and the related mobile application distributed via online application stores (the “App”), collectively referred to as the “Product”. In these Terms, online application stores (the “App Store”) mean the Apple App Store and/or Google Play Market. |
| 1.2 | The The Website is made available to you by SOUL STRETCH LTD, a company incorporated in Cyprus under company No. HE 476137, with its registered address at Georgiou Vizyinou, 1, 1080, Nicosia, Cyprus (the “Company”, along with “we”, “us”, “our”, and “ourselves”). For consistency, “user”, “consumer”, along with "you" and “your”, refers to any person who agrees to be bound by these Terms, as described herein. |
| 1.3 | The Product available via the Website may also be distributed to you by our authorized merchants of record or agents. In case the Product is distributed to you by any of our authorized merchants of record or agents mentioned above, then for the purposes of these Terms the term "Company" shall include any of such authorized merchants of record or agents (as applicable), and the reference to the Company (along with “we”, “us”, “our”, and “ourselves”) shall be construed also as a reference to such authorized merchant of record or agent that you purchased the Product from. |
| 1.4 | The Product provides you with content in the health and fitness field, including software, designs, graphics, photos, images, illustrations, animations, videos, scripts, texts, music, sounds, voiceover, interactive features, wellness plans, and all other materials and content accessible within the Product (the “Product Content”). When we refer to the Product in these Terms, we are referring to the Product Content as well. |
| 1.5 | Your use of the Product is limited to your personal, non-commercial use only. You are granted a personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Product, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Product, except where permitted by applicable law. You agree not to access the Product by any means other than provided by the Company. Your breach of these restrictions shall mean your violation of our rights as a licensor. At that, you may be subject to prosecution and damages. |
| 1.6 | To get access to the Product you need to buy a subscription (either directly on the Website or via the App Store). The subscription is billable and renews automatically at the end of the chosen period (e.g. 1 week, 1 month, 3 months, 6 months, 1 year) until you cancel. You may be offered free trial access to the Product for a certain period of time, and once it lapses, your access to the Product will automatically continue and you will be billed the applicable fees for the paid subscription. To avoid being charged for auto-renewal (auto-continuance), you must affirmatively cancel the free trial or paid subscription at least 24 hours before it ends based on these Terms. KINDLY NOTE THAT DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTION OR FREE TRIAL (IF APPLICABLE). Within the Product, you may also be offered add-on items for an additional fee, either one-off or recurrent (e.g. fitness guides, VIP customer support service, additional subscriptions). In case you purchased add-on items with recurrent billing, the cancellation of the original subscription leads to the cancellation of recurring payments for add-on items as well. The cancellation of only the recurring payments for add-on items will not affect the original subscription. To learn more about purchases (including subscriptions), please refer to the section “Fees and Payments”. |
| 1.7 | To create your personalized plan, we may ask you to supply certain relevant information, e.g. your current and desired physical characteristics, physical performance level, lifestyle, eating habits, goals, and target zones. This quiz is referred to as the "onboarding process" in the Terms. |
| 1.8 | In order to use the Product, you need to have a smartphone with an operating system of the following or later: iOS 16 or Android 8.0. Also please make sure you are using the latest version of your web browser when accessing the Website, as that will help prevent security problems and ensure all the Website features work for you. |
| 1.9 | We may enable access to the App on certain smartwatches and/or tablets. If this happens, you acknowledge that your ability to use certain features of the App may require you to purchase a smartwatch and/or tablet, and that your use of the App on a smartwatch and/or tablet will only be possible after subscribing to the App on your smartphone. Your access to the App on smartwatches and/or tablets shall be regulated by these Terms. |
| 2.1 | In order to use the Product, you must conclude a contract with us. You acknowledge and understand that when you indicate your consent to these Terms by proceeding through any screen/feature/button which directly refers to these Terms and to the respective consent resulting from proceeding so, you are submitting a legally binding electronic signature and are concluding a contract with us, and thus, you are agreeing to be bound by these Terms, which together constitute the entire contract between you and us in respect to your use of the Product. |
| 2.2 | Your contract is concluded with SOUL STRETCH LTD. |
| 2.3 | We also understand that you are agreeing to cooperate with us under these Terms when you start the onboarding process within the Product and/or make a purchase from us (either on the Website or via the App Store), and/or create your user account with us, and/or use the Product, and/or download any materials from the Product. |
| 2.4 | The Product is not intended for individuals under the age of 16. You hereby represent and warrant to the Company that you meet the foregoing qualification. Otherwise, please do not use the Product. |
| 2.5 | No one other than a party to these Terms (namely, you or us) has any right to enforce any provision thereof. |
| 3.1 | Along with these Terms, you also acknowledge the applicability of and agree to the following policies, which shall be considered an integral part of the Terms: |
| 3.2 | Our Privacy Notice , which explains how and why we process your personal data, your rights in relation to your personal data and how to exercise such rights, cookies and similar technologies used by our Website, etc. |
| 3.3 |
Our Subscription Terms for iOS, namely:
|
| 3.4 |
Our Subscription Terms for Android,
namely:
|
| 3.5 | Our Refund Policy , which explains general refund rules, conditions under which you are eligible to receive a refund, how you can get your money back, etc. Our Refund Policy applies to you if you purchased the Product directly on the Website. Purchases made via the App Store are subject to such store's refund policies: Request a refund on Apple App Store , Request a refund on Google Play Market . |
| 4.1 | YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THESE TERMS WITH YOU, IN PARTICULAR, IN RELIANCE UPON THE IMPORTANT DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY SECTIONS SET FORTH IN THESE TERMS, WHICH ALLOCATE THE RISKS BETWEEN US AND FORM THE BASIS OF A BARGAIN BETWEEN US. ABSENT SUCH PROVISIONS, THESE TERMS AND YOUR ACCESS TO THE PRODUCT WOULD BE MATERIALLY DIFFERENT (OR WE MAY BE UNABLE OR UNWILLING TO PROVIDE SUCH ACCESS AT ALL). |
| 4.2 | WE DO NOT PROVIDE ANY MEDICAL ADVICE. THE PRODUCT IS PROVIDED FOR GENERAL INFORMATION AND ENTERTAINMENT PURPOSES ONLY. YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT PROVIDING MEDICAL ADVICE VIA THE PRODUCT. The Product Content is not intended to be and should not be used in place of: (a) the advice of your physician or other medical professional; (b) a visit, call, or consultation with your physician or other medical professional; and/or (c) information contained on or in any product packaging or label. Should you have any health-related questions, please call or see your physician or other medical professional promptly. Should you have an emergency, please call the emergency service (e.g. 911 for the United States) immediately. You should never disregard medical advice or delay in seeking medical advice because of any Product Content, nor should you use any Product Content for diagnosing or treating a health problem. The transmission and receipt of the Product Content, in whole or in part, or communication via email or other means, does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and us. |
| 4.3 | LISTEN TO WHAT YOUR BODY IS TELLING YOU. YOU EXPRESSLY AGREE THAT A CONDITION FOR THE USE OF THE PRODUCT IS THAT YOU MUST BE IN A GOOD GENERAL STATE OF HEALTH. IF YOU HAVE KNOWLEDGE OF ANY PRE-EXISTING MEDICAL CONDITIONS YOU MUST SEEK MEDICAL ADVICE FROM YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL BEFORE YOU START USING THE PRODUCT. The following general rule applies: listen to what your body is telling you. Before using the Product for the first time and/or while using the Product, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea, or dizziness), consult your physician or other medical professional before starting and/or continuing using the Product. You are solely responsible for determining, in conjunction with medical professional(s) if necessary, whether or not you should use the Product based on your current health. |
| 4.4 | RESULTS WILL DIFFER FOR EACH INDIVIDUAL. YOU EXPRESSLY AGREE THAT WE MAKE NO GUARANTEES CONCERNING THE SPECIFIC LEVEL OF SUCCESS YOU MAY ACHIEVE AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL SINCE EACH INDIVIDUAL HAS: (a) A UNIQUE HEALTH, PHYSICAL DISPOSITION, AND GENETIC PROFILE; (b) A UNIQUE BACKGROUND, LIFE EXPERIENCE, DEDICATION, DESIRE, LEVEL OF COMMITMENT, AND MOTIVATION; AND/OR (c) A UNIQUE STARTING POINT AND PRECONDITIONS. MOREOVER, WE MAKE NO GUARANTEES THAT: (a) YOU WILL ACHIEVE THE SAME OR SIMILAR RESULTS AS MAY BE PROVIDED IN THE TESTIMONIALS AND/OR OTHER ILLUSTRATIVE EXAMPLES ON THE PRODUCT SINCE THESE CONCERN THE SPECIFIC EXPERIENCE OF THE PERSON/GROUP REFERRED TO IN SUCH TESTIMONIALS/EXAMPLES, AND THUS, MAY DIFFER FOR ANY OTHER PERSON; (b) EXAMPLES OF YOUR PAST FITNESS RESULTS CAN BE REPEATED IN THE FUTURE; (c) YOU WILL ACHIEVE VISIBLE RESULTS IF YOU DO NOT FOLLOW OUR RECOMMENDATIONS; AND/OR (d) YOU WILL MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT. |
| 4.5 | WE MAKE NO GUARANTEES IF YOU GIVE US INACCURATE DATA. IN ORDER TO CREATE A PLAN FOR YOU, WE ASK YOU TO COMPLETE THE ONBOARDING PROCESS. FOR EXAMPLE, WE ASK YOU TO INFORM US OF YOUR CURRENT AND DESIRED PHYSICAL CHARACTERISTIC, PHYSICAL PERFORMANCE LEVEL, LIFESTYLE, EATING HABITS, GOALS, TARGET ZONES, ETC. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL INFORMATION PROVIDED BY YOU DURING THE ONBOARDING PROCESS IS TRUE AND ACCURATE. IN THE EVENT YOU PROVIDE US WITH INACCURATE OR INCOMPLETE DATA DURING THE ONBOARDING PROCESS, WE ARE NOT RESPONSIBLE FOR ANY OUTCOMES, IN PARTICULAR, THE SUITABILITY OF THE PLAN CREATED FOR YOU. |
| 4.6 | USE AT YOUR SOLE RISK, ON AN "AS IS" BASIS. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK, AND THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS. THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, AND LICENSORS (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. In particular, the Released Parties make no, and expressly disclaim any, warranty that: (a) the Product will meet your requirements; (b) any Product Content or other information or other material purchased or obtained by you through the Product will meet your expectations or be complete or accurate; (c) the Product will be uninterrupted, timely, secure, or error-free, and/or (d) any errors in the Product will be corrected. We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, including interruption of the Product for any technical reason, or typographical errors in any Product Content, as well as violation of any ethical or moral standards applicable in your community to sexual education and related materials. Any Product Content obtained through the use of the Product is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material. THE PRODUCT MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES, AND WE MAKE NO REPRESENTATION THAT THE FUNCTIONALITY OF THE PRODUCT WILL BE APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. |
| 4.7 | WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES. THE PRODUCT MAY CONTAIN LINKS TO THIRD PARTIES AND/OR THIRD-PARTY WEBSITES. WE DISCLAIM ANY RESPONSIBILITY FOR THE PRODUCTS, SERVICES, OR CONTENT OFFERED BY ANY THIRD PARTY (REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK USERS TO SUCH THIRD PARTIES AND/OR THEIR WEBSITES OR RECEIVE ANY COMPENSATION FOR SUCH LINKING OR PROMOTION). You expressly agree that you need to take appropriate steps to determine whether accessing the third-party websites, acquiring or using the third-party products or services, and relying on the third-party content is appropriate and safe, including protecting your personal information and privacy. To be aware of the terms under which the third-party products, services, or content are provided to you, please refer to the relevant policies and/or user agreements of those third parties. We do not guarantee that any third-party product will function with the Product or will be error-free. |
| 4.8 | REFERENCE TO OTHER PRODUCTS OR EXPERTS IS NOT AN ENDORSEMENT. FROM TIME TO TIME, WE MAY REFER TO OTHER PRODUCTS OR EXPERTS. ANY SUCH REFERENCE IS NOT INTENDED TO BE AN ENDORSEMENT OR STATEMENT THAT THE INFORMATION PROVIDED BY THE OTHER PARTY IS ACCURATE. THE COMPANY PROVIDES THIS INFORMATION AS A REFERENCE FOR USERS. IT IS YOUR RESPONSIBILITY TO CONDUCT YOUR OWN INVESTIGATION AND MAKE YOUR OWN DETERMINATION ABOUT ANY SUCH PRODUCT OR EXPERT. |
| 4.9 | RESERVATION OF RIGHTS. THE PRODUCT ITSELF, AS WELL AS ALL CONTENT THEREIN, INCLUDING SOFTWARE, DESIGNS, GRAPHICS, PHOTOS, VIDEOS, SCRIPTS, TEXTS, MUSIC, SOUNDS, AND VOICEOVER, IS OUR INTELLECTUAL PROPERTY, PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS GLOBALLY. ALL TRADEMARKS, SERVICE MARKS, GRAPHICS, AND LOGOS USED IN CONNECTION WITH THE PRODUCT ARE TRADEMARKS OR REGISTERED TRADEMARKS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THESE TERMS DO NOT GRANT YOU ANY RIGHT, TITLE, OR INTEREST IN THE PRODUCT, CONTENT WITHIN THE PRODUCT, OR IN ANY TRADEMARKS, WHETHER REGISTERED OR NOT. ALL INTELLECTUAL PROPERTY RIGHTS, TITLE, AND INTEREST IN RELATION TO THE PRODUCT WILL (AS BETWEEN THE PARTIES) REMAIN WITH US. |
| 4.10 | ENGLISH TEXT OF THE TERMS PREVAILS. THESE TERMS WERE ORIGINALLY WRITTEN IN THE ENGLISH LANGUAGE. IF AN INTERPRETATION OF A TRANSLATED VERSION OF THE TERMS CONFLICTS WITH THE ENGLISH VERSION MEANING, THE ENGLISH VERSION SHALL PREVAIL. |
| 4.11 | THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF APPLICABLE STATUTORY RIGHTS OF THE CONSUMER, SO THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. |
| 4.12 | WE ARE NOT RESPONSIBLE FOR THE CONTENT YOU POST. ALL THE INFORMATION, DATA, TEXT, SOFTWARE, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES, POSTS, TAGS, OR OTHER MATERIALS YOU CREATE AND SHARE IN CONNECTION WITH THE PRODUCT (“USER CONTENT”) IS OWNED BY YOU. YOU ACKNOWLEDGE THAT YOU BEAR FULL RESPONSIBILITY FOR ALL THE USER CONTENT YOU UPLOAD, POST, EMAIL, TRANSMIT, OR OTHERWISE SHARE THROUGH THE PRODUCT, AND NOT THE COMPANY. THE COMPANY DOES NOT ACTIVELY REVIEW OR MONITOR THE USER CONTENT POSTED BY ITS USERS, AND THEREFORE, CANNOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF SUCH USER CONTENT. BY USING THE PRODUCT, YOU AGREE THAT THE COMPANY IS NOT ACCOUNTABLE FOR AND DOES NOT ENDORSE THE USER CONTENT YOU UPLOAD. YOUR USER CONTENT WILL NOT BE TREATED AS CONFIDENTIAL BY THE COMPANY, EXCEPT AS OUTLINED IN OUR PRIVACY POLICY . WE WILL NOT BE HELD LIABLE FOR ANY USE OR DISCLOSURE OF THE USER CONTENT YOU PROVIDE. |
| 5.1 | We offer subscriptions to the Product Content which may be purchased via the following means: (a) directly on the Website (the “Web Purchase”) or (b) via the App Store (the “In-App Purchase”). All applicable fees will be provided to you on the payment screen and at checkout before you authorize any payment within the Product. Some limited Product Content may be made available to you free of charge. |
| 5.2 |
WEB PURCHASE
|
| 5.3 |
IN-APP PURCHASE
|
| 5.4 | FREE TRIALS. We may offer you free trial access to the Product Content, but we are not obliged to do so. Such access will be given for a certain period of time and according to the details specified when you sign up for the offer. Unless you cancel the free trial at least 24 hours before it ends, your access to the Product will automatically convert into a paid subscription on the basis described when you enrolled in the trial and you will be charged the applicable fees for the Product upon such conversion as well as periodically thereafter upon renewal depending on the term and periodicity of the subscription you purchased. DO REMEMBER THAT DELETING THE APP DOES NOT CANCEL YOUR FREE TRIAL. We may send you a reminder when your free trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer and your access to the Product during the free trial without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials. |
| 5.5 | FEE CHANGES. To the extent permitted by applicable law, we may change subscription fees at any time (such changes will become effective upon your next renewal). We will give you reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification. If you do not agree to the price change, you must cancel the applicable subscription prior to the change going into effect. |
| 5.6 | If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to terminate these Terms and your access to the Product (and we may do so without notice). |
| 6.1 | In order to use the Product, you may need to register a user account. Please follow the on-screen instructions if that is the case. |
| 6.2 | During registration, you agree to provide true and accurate information and not to misrepresent your identity by registering an account in the name of another person. You should keep your user account information accurate and up-to-date (particularly your email address - if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in). |
| 6.3 | We may also allow you to access the Product Content without registration. Please bear in mind that in this case your data may not be backed up and you may lose it if you delete the App, lose your smartphone, etc. |
| 6.4 | You acknowledge and understand that you are solely responsible for maintaining the confidentiality of your user account information, as well as for all activities that occur under your user account. We endeavor to use reasonable security measures to protect against unauthorized access to your user account. We cannot, however, guarantee the absolute security of your user account and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Product. You agree to immediately notify the Company of any unauthorized use of your user account or any other breach of security. |
| 7.1 |
As a user of the Product, you agree not to use
the Product:
|
| 7.2 |
As a user of the Product, you also agree not to:
|
| 7.3 | Many countries periodically impose restrictions on dealings with certain territories, regimes, or persons that pose a threat to international peace and security or are otherwise targeted. By using the Product, you confirm that you are neither a resident of, nor located in, any territory currently embargoed by the United Nations, the European Union, the United Kingdom, or the United States, and that you are not otherwise restricted from using the Product. You also agree that you will not use the Product for any purposes prohibited by applicable law. In particular, but without limitation, you may not export, or permit the export of, the Product to any of the embargoed territories, or to anyone otherwise restricted from using the Product. You understand and agree that we may modify, limit, or disable your access to the Product at any time to comply with applicable law. In particular, but without limitation, you agree that the Product available to you in your home country may not be available to you when traveling outside of your home country, and the Product may also cease to be available in your home country, as a result of the above. |
| 7.4 | In other words, you must comply with the law and these Terms, and you promise not to take any action that is prohibited or harmful, including violating or attempting to violate the security of the Product and/or any applicable sanction regulations. |
| 8.1 | WE ARE BUILDING THE BEST PRODUCT WE CAN FOR YOU BUT WE CANNOT PROMISE IT WILL BE PERFECT. WE ARE NOT LIABLE FOR VARIOUS THINGS THAT COULD GO WRONG AS A RESULT OF YOUR USE OF THE PRODUCT OR THAT ARE BEYOND OUR CONTROL. |
| 8.2 |
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR
SUBSIDIARIES, AFFILIATES, RELATED PARTIES,
SUCCESSORS, OFFICERS, AGENTS, REPRESENTATIVES,
EMPLOYEES, CONTRACTORS, PARTNERS, OR LICENSORS
(THE “RELEASED PARTIES”) BE LIABLE TO YOU
OR ANY
THIRD PARTY FOR: (I) ANY LOSS OF PROFIT (WHETHER
INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS
OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV)
ANY LOSS OF DATA SUFFERED BY YOU; (V) ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES (EVEN IF THE
RELEASED PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES); OR (IV) ANY PERSONAL
INJURY, INCLUDING DEATH, ARISING OUT OF OR
RELATING TO:
|
| 8.3 | NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY PURSUANT TO THESE TERMS IS LIMITED TO THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO THE COMPANY WITHIN THE LAST 12 MONTHS OR (II) $50 USD. |
| 8.4 | BY ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY, OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”. |
| 8.5 | WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS MAY INCLUDE, FOR EXAMPLE, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR THAT OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS. MOREOVER, WHERE ANY PROVISION OF THESE TERMS IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. |
| 8.6 | ANY CLAIM UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS FOREVER BARRED. |
| 9.1 |
To the extent permitted by applicable law, you
will indemnify, defend, and hold us, our
subsidiaries, affiliates, related parties,
successors, officers, agents, representatives,
employees, contractors, partners, and licensors
(the “Indemnified Parties”) harmless from
any
claim or demand, including reasonable attorneys’
fees, made by any third party due to or arising
out of:
|
| 9.2 | We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. |
| 10.1 | These Terms and your access to the Product shall remain in effect unless and until terminated by either you or us. Termination of these Terms automatically terminates all rights and licenses granted to you under these Terms, including all rights to use the Product. |
| 10.2 | YOUR RIGHT TO TERMINATE THESE TERMS. You have the right to terminate these Terms by canceling your subscription or free trial access to the Product (if such a trial is offered by the Company). You may do this at any time and at your sole discretion, but fees may apply. For more details, please see our Refund Policy . In order to cancel your subscription or free trial access to the Product, please do so directly on the Website (if your purchase was made via the Website), or follow instructions on cancellation of subscription from Apple or from Google (if your purchase was made, accordingly, via App Store or via Google Play Store). After cancellation, you will still be able to use the Product for the term you have already paid for or until the end of the free trial. If you enjoyed your above right to terminate these Terms and unless these Terms were terminated by us earlier, these Terms and your rights to use the Product will terminate on: (a) the last day of your paid subscription period or (b) the last day of your free trial. DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTION OR FREE TRIAL. TO AVOID BEING CHARGED FOR AUTO-RENEWAL, YOU MUST CANCEL YOUR SUBSCRIPTION OR FREE TRIAL AT LEAST 24 HOURS BEFORE THE END OF THE PAID SUBSCRIPTION PERIOD OR FREE TRIAL. Once your subscription or free trial access is canceled, you may also terminate your user account by using the appropriate deletion functions, if available through the Product. |
| 10.3 |
OUR RIGHT TO SUSPEND YOUR ACCESS OR TERMINATE
THESE TERMS. We have the right to
terminate
these Terms according to the procedure
stipulated below.
|
| 11.1 | These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of the Republic of Cyprus, without regard to Cyprus's choice or conflicts of law principles. In addition, if you reside in the United States or the European Union, or the United Kingdom, the law of your place of residence may also be applicable where such law contains mandatory consumer law provisions. |
| 12.1 | INFORMAL PROCESS FIRST. We are always interested in resolving disputes amicably and efficiently. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us and provide a brief, written description of the dispute. The parties agree to use their best efforts to settle any dispute, question, or disagreement directly through negotiations therebetween. |
| 12.2 |
ARBITRATION AGREEMENT. PLEASE READ THIS
SECTION
(THE “ARBITRATION AGREEMENT”) CAREFULLY,
SINCE
IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR
RIGHT TO FILE A LAWSUIT IN COURT.
|
| 13.1 | If any provision (part of a provision) of these Terms is held by an arbitrator or a court of competent jurisdiction to be illegal, invalid, or unenforceable, then such provision (part of the provision) shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. |
| 13.2 | The Company may assign its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms, you give the Company consent to any such assignment. Updated Terms indicating the assignee will be published within the Product, and you hereby confirm such approach to be enough and valid notice of the assignment of the Company’s rights and obligations under these Terms. You may not assign, delegate, or otherwise transfer your account or your rights and obligations under these Terms to any other person without our prior written consent. |
| 14.1 | We may make changes to these Terms from time to time by notifying you in advance of such changes by any reasonable means, including by posting the updated Terms within the Product (provided that, for material changes, we will seek to supplement such notice by an in-app pop-up message and/or an email). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Product following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Product under the updated Terms, you may terminate them in accordance with the section "Termination of These Terms". The effective date set forth at the top of this document indicates when these Terms were last changed. |
| 14.2 | From time to time we may automatically update the Product to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. Alternatively, we may ask you to update the Product for these reasons. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the Product. |
| 15.1 | COMMUNICATION PREFERENCES. We will send you information relating to your account and use of the Product (e.g. invoices, messages, notices) in electronic form only, for example via emails to the email address used for your account or push notifications. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. |
| 15.2 | To communicate any questions or complaints regarding the Product, submit any notice under these Terms, or request a copy of these Terms, please contact us via support@shapely.couch or to SOUL STRETCH LTD, Georgiou Vizyinou, 1, 1080, Nicosia, Cyprus We encourage you to communicate with us via email, in which case we can effectively process your request and quickly resolve the issue or answer your questions. If you communicate your request on paper to our registered address and do not include enough identifiable information therein, we will not be able to find you in our user system and thus, will not be able to help. |