Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY COVER IMPORTANT INFORMATION ABOUT THE SERVICE, SUBSCRIPTIONS AND FEES, AUTOMATIC RENEWAL, CHANGES TO THESE TERMS, HEALTH AND FITNESS RISKS, AND LIMITATIONS OF LIABILITY.

These Terms of Service ("Terms") govern your access to and use of the Hot Body Fitness mobile application, the website at hotbodyfitnessapp.com, and related products and services, including any blog, community, forum, online shop, and coaching tools (together, the "Service" or the "Platform"). These Terms are entered into by and between you ("User," "you," or "your") and Click Digital, Inc. ("Hot Body Fitness," "Hot Body," "we," "us," or "our"). They replace any earlier terms you may have agreed with Hot Body in connection with the Service.

By downloading, accessing, or using the Service, you agree to these Terms and to our Privacy Policy at https://www.hotbodyfitnessapp.com/privacy, which is incorporated by reference. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.

If you live in a country whose mandatory consumer laws give you rights that cannot be waived, those rights still apply. Nothing in these Terms limits rights that cannot legally be limited.

1. Eligibility

You must be at least 18 years old to create an account or use the Service. By using the Service you represent that you are at least 18, that you have full power and authority to agree to these Terms, that the information you provide is accurate and complete, and that you have not been previously suspended or removed from the Service. The Service is not directed to children. We do not knowingly permit anyone under 18 to create an account.

We may, at our discretion and subject to applicable law: limit the number of accounts you may hold; set additional conditions for opening or keeping an account; or refuse to create an account.

2. Accounts and Security

To use certain features you must create an account with information we request, such as your name, email address, password, date of birth, and a username if you use community features. You may also be able to register with a third-party login, such as Apple, Google, or Facebook, where we offer it.

You are responsible for keeping your credentials confidential, for all activity under your account (with or without your permission), and for the security of the device you use. Do not share your password or let anyone else use your account. Notify us promptly at support@hotbodyfitnessapp.com of any unauthorized use or other security breach. We are not liable for loss arising from your failure to safeguard your credentials.

We may suspend or terminate your account at any time if you breach these Terms, if we are required to by law, or as otherwise described in Section 14, subject to applicable law. These Terms continue to apply after your account ends or you stop using the Service.

3. Subscriptions, Trials, and Payments

3.1 Subscriptions

The Service may offer free features, one-time purchases, and recurring subscriptions to premium features, coaching, programs, or digital or physical products. Subscription periods may include monthly, quarterly, annual, or other periods we offer. Current fees are shown on hotbodyfitnessapp.com or in the app store from which you download the app, before you complete a purchase.

Eligibility for a promotion or discount is determined when you subscribe and cannot be changed during that subscription term. Read the terms of any promotion before you accept it. We may change fees and packages at any time. Fee changes apply to subscriptions entered into after the change takes effect, and to renewals where we have given any notice required by law or by the app store.

3.2 Free trials

We may offer a free trial for a period we set. Unless a promotion says otherwise, trials are for new users only. We may cancel a trial if we learn you already had a trial on another account or email address. Attempts to take another trial on the same account or email may result in being charged the applicable fee.

After the trial, the subscription renews automatically at the then-current price unless you cancel before the trial ends. Cancel during the trial using the steps in Section 3.4.

3.3 Payment

Payments may be processed by Stripe, PayPal, or the app store where you subscribed (Apple App Store, Google Play, Amazon Appstore, or a similar store; together, "App Stores"). By using a paid feature you also agree to the applicable processor or App Store terms. We do not store your full payment card number.

Price and currency are shown during checkout and may vary by country. Website and shop charges are in United States dollars (USD) unless we state otherwise. If you view prices in another currency, that display is for reference and may not match the rate your bank uses. Your bank or card issuer may charge a foreign-transaction or currency-conversion fee. You are responsible for those fees and for any taxes on your purchases.

You represent that you are authorized to use the payment method you submit. If we do not receive payment authorization, or an authorization is cancelled, we may suspend or end paid access. We may contact your bank, payment provider, or law enforcement if we suspect fraud. If a payment fails, we may suspend or downgrade paid features.

3.4 Automatic renewal and cancellation

Your subscription renews automatically for successive periods at the then-current price unless you cancel at least twenty-four (24) hours before the end of the current period. You authorize us and the applicable processor or App Store to charge your payment method for each renewal.

You may cancel at any time in your account or profile settings, or through the App Store if you subscribed there. Cancellation takes effect at the end of the current billing period. You keep access for the time you have already paid for. If you subscribed through an App Store, cancellation and refunds are also governed by that store's terms.

3.5 Refunds

If you subscribed on our website (not through an App Store), you may cancel and receive a full refund of the subscription amount within fourteen (14) days after the day you subscribed (the "Cooling-off Period"), subject to the following:

- If you start a free trial, the Cooling-off Period for the paid subscription tied to that trial ends fourteen (14) days after the trial starts. If you use the Service during the trial and do not cancel the paid subscription before the trial ends, you lose the right to withdraw from that paid subscription. - If you purchase a subscription without a trial, the Cooling-off Period is fourteen (14) days after you pay, but it ends once you use the Service during that period.

To use this right, email support@hotbodyfitnessapp.com. After the Cooling-off Period, subscription fees are non-refundable and there is no credit, unless applicable law requires a refund. App Store purchases are handled by the store.

3.6 Orders for products

Digital products (such as ebooks and training videos) are sold to end consumers only. Buying them for resale is prohibited. We may restrict sales or cancel orders that appear to be for resale.

We may check orders, including delivery address and payment details, for security and fraud, and may contact your bank, payment provider, or authorities if activity looks suspicious. We keep title to physical products until the full price, including shipping and taxes, is paid.

4. Acceptable Use

Use the Service only for lawful purposes and in line with these Terms. You will not:

- Violate any applicable law, or use the Service for activity involving illegal proceeds or illegal material. - Infringe intellectual property, privacy, publicity, or other rights of any person. - Upload or transmit content that is unlawful, harassing, abusive, defamatory, obscene, hateful, discriminatory, violent, or otherwise objectionable. - Defame, abuse, extort, harass, stalk, or threaten any person, or incite hate or violence. - Impersonate any person or misrepresent your affiliation. - Post advertising, spam, or solicitations, or promote third-party brands, except where we expressly allow it. - Submit content you know is false or misleading, or another person's personal or confidential information without their consent. - Attempt to gain unauthorized access to the Service, other accounts, or our systems, including by password mining or using someone else's account. - Interfere with or disrupt the Service, or introduce malware, viruses, or other harmful code. - Reverse engineer, decompile, or attempt to extract source code, except where the law allows it. - Use bots, scrapers, or similar tools to harvest data, including other users' contact or payment details. - Transfer your account or access rights to someone else. - Attempt to defraud us or anyone else, or give us false or misleading information.

We may remove content and suspend or terminate access for conduct we reasonably believe violates these Terms. We may monitor conduct and content on the Service, but we are not obligated to do so.

5. Health and Fitness Disclaimer

Hot Body Fitness provides general fitness, exercise, nutrition, and wellness information and tools for informational purposes only. It is not medical advice, diagnosis, or treatment, and it is not a substitute for professional medical care. AI coaching, meal logging, workout programs, and any recommendations are general information, not personalized medical advice.

Consult a qualified physician or other licensed professional before beginning any exercise program, changing your diet, or acting on information from the Service, especially if you are pregnant, nursing, or have any medical condition or injury. Bloodwork tools, if offered, display and discuss information you provide. They do not diagnose conditions or replace your clinician.

You use workouts, programs, and recommendations entirely at your own risk. Physical exercise has inherent risks, including injury. You assume those risks. Stop exercising and seek medical care if you feel pain, dizziness, shortness of breath, or discomfort.

6. Intellectual Property

The Service and its content, features, and functionality — including text, graphics, logos, workout programs, video, software, and the Hot Body Fitness name and branding — are owned by Hot Body Fitness, its licensors, or other providers, and are protected by copyright, trademark, and other laws. This does not include your user content, which is covered in Section 7.

We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own personal, non-commercial use, subject to these Terms. You may not copy, modify, distribute, sell, lease, or commercially exploit any part of the Service, or content obtained through it, except as these Terms expressly allow. You may not remove proprietary notices. We may monitor use and may change or revoke this license at any time. The license ends when your account ends.

7. Your Content

You retain ownership of content you submit, such as photos, notes, measurements, check-ins, workout logs, nutrition entries, and lab uploads ("User Content").

For private User Content (including progress photos, measurements, check-ins, and bloodwork), you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display that content only as needed to operate and provide the Service to you, including AI features you choose to use. This license ends when the content is deleted from active systems, except for residual copies in routine backups and where we must retain information by law.

For content you post in a public area, such as a blog, forum, or community feed ("Public Content"), you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, distribute, reproduce, display, and otherwise make that Public Content available on and through the Service. You waive moral rights in Public Content to the extent the law allows. Some Public Content may remain available after your account closes, subject to your right to request removal where the law requires it.

You are responsible for your content. You represent that you own or control it, that you have the rights to submit it, and that it does not violate Section 4. If you believe content on the Service violates these Terms or the law, including copyright, email support@hotbodyfitnessapp.com.

8. Shop and Physical Products

This section applies to orders for products on the Service, other than subscriptions, which are covered by Section 3. If you do not agree, do not place a product order.

8.1 Placing an order

You can order from the shop on hotbodyfitnessapp.com by selecting products and checking out. Your browser may need to accept functional cookies and pop-ups for the cart to work. If there is an error in your order, email support@hotbodyfitnessapp.com immediately.

After you submit an order we will email an acknowledgement to the address on your account. When products ship, we will email a shipping confirmation ("Email Confirmation"). The Email Confirmation is our acceptance of the order and forms a contract on these Terms. Prices are those displayed at checkout, including shipping and taxes shown there. Later price changes do not affect orders we have confirmed. Keep a copy of these Terms and the Email Confirmation.

8.2 Rejecting or cancelling an order

We may reject an order for any reason before acceptance. If we reject it, you will not be charged. We may cancel a contract, and will refund what you paid for that order, if: you do not meet eligibility requirements; the product is unavailable; billing or shipping information cannot be verified; the order looks unusual or fraudulent; the displayed price was wrong; or a force majeure event occurs.

8.3 Cancellation before shipment and returns

Before we ship, you may be able to cancel and receive a full refund of the purchase price and shipping. We process orders promptly, so email support@hotbodyfitnessapp.com as soon as possible.

After shipment, you may ask to return a product within thirty (30) calendar days after delivery, with proof of purchase (such as our invoice). Email support@hotbodyfitnessapp.com. Return the product at your cost, without undue delay, and no later than thirty (30) calendar days after you tell us you want to return it. Products should be complete, in original packaging, with accessories and documentation, and unused. If the product's value is reduced because it is incomplete or used, we may deduct that amount. After we receive a qualifying return, we will refund the purchase price and original shipping through your original payment method, or, if you prefer, as a Hot Body Fitness gift card of equal value.

You may also return products that are defective or not as ordered, with proof of purchase. If the claim is justified, we will refund the purchase price and shipping. Nothing in these Terms limits non-waivable rights you have if goods are not in conformity with the contract.

If a force majeure event means you no longer want products you ordered, you may cancel the affected order and receive a full refund of the purchase price and shipping for those products.

9. Service Availability

We will use commercially reasonable efforts to keep the Service available. Access may be interrupted for maintenance, technical issues, overload, or events outside our control. We assume no liability if the Service is unavailable, except where the law does not allow that limitation.

You are responsible for your internet connection, your device, antivirus protection, and keeping your own backup of data you need. We are not responsible for your connectivity, your hardware, viruses on your device, or fees you pay to get online. Tell us at support@hotbodyfitnessapp.com if you become aware of a material malfunction. You may need to install app updates to keep access. If you do not, some features may be unavailable until you do.

10. Third-Party Services

The Service relies on third parties, including CDI for storage and authentication, Stripe and PayPal for payments, App Stores, Resend for email, and embedded players such as YouTube for demonstration video. Your use of those features may be subject to their terms and privacy practices. We do not control, endorse, or adopt third-party content or services unless we say so. We are not responsible for their acts, omissions, content, or policies. Dealings with third parties are between you and them, at your own risk.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOT BODY FITNESS AND ITS AFFILIATES, AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, BUSINESS, ANTICIPATED SAVINGS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS (USD 100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnity

You will indemnify and hold harmless Hot Body Fitness and its affiliates, and their directors, officers, employees, and agents, from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your User Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right, except to the extent caused by our negligence or willful misconduct, and except where applicable law does not allow this indemnity.

14. Termination

You may stop using the Service and delete your account at any time, in the app or by emailing support@hotbodyfitnessapp.com. We may suspend or terminate access, with or without notice, if you violate these Terms, if the law requires it, or if we discontinue the Service. On termination, your right to use the Service ends. Sections that by their nature should survive — including intellectual property, user-content licenses that have not ended, disclaimers, limitation of liability, indemnity, and governing law — survive.

15. Changes

We may change or discontinue any feature of the Service at any time. We may update these Terms by posting the revised Terms on the Service and updating the "Last updated" date. For material changes we will also provide additional notice in the Service or by email where appropriate. Continued use after the changes take effect is acceptance. If you do not agree, stop using the Service. Orders already accepted stay on the terms in effect when we accepted them, except where a change is required by law.

16. Force Majeure

A "Force Majeure Event" is an event beyond our reasonable control, including flood, extraordinary weather, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, government action, communications or power failure, or equipment or software malfunction. If one affects our ability to perform, we will contact you as soon as reasonably possible. Our obligations are suspended for the duration of the event, and time for performance is extended accordingly.

17. General

Privacy. We use personal information as described in the Privacy Policy at https://www.hotbodyfitnessapp.com/privacy.

Assignment. We may transfer our rights and obligations under these Terms to another entity. That transfer will not reduce your rights under these Terms. You may not transfer your rights or obligations without our consent.

Severability. If any provision is held unlawful or unenforceable, it is severed and the rest remain in effect.

Waiver. A waiver must be in writing. Failure to enforce a right is not a waiver of that right or any other right.

Relationship. These Terms do not create a partnership, joint venture, agency, or fiduciary duty.

Third-party rights. Only the parties to these Terms may enforce them, except that our affiliates and the people covered by Sections 12 and 13 may enforce those sections.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace prior agreements on that subject.

18. Governing Law

These Terms are governed by the laws of the State of California and the United States, without regard to conflict-of-law rules. Subject to mandatory consumer protections in your place of residence, the state and federal courts located in Orange County, California have exclusive jurisdiction over disputes arising out of these Terms or the Service, and you consent to that jurisdiction. If you are a consumer, you may also have the right to bring a claim in the courts of your home jurisdiction where the law requires it. Nothing in this section affects mandatory rights you cannot waive.

19. Contact

Hot Body Fitness Website: hotbodyfitnessapp.com Support: support@hotbodyfitnessapp.com Privacy: privacy@hotbodyfitnessapp.com

You may also use the support options in the app.