Terms Of Service

This website is operated by SoftwareCy LLC. (DBA Xeniosfitness). Throughout the site, the terms “we”, “us”, and “our” refer to SoftwareCy LLC. (DBA Xeniosfitness). SoftwareCy LLC. (DBA Xeniosfitness) provides this website, including all information, tools, and services available from this site, strictly subject to your compliance with all terms, conditions, policies, and notices outlined herein. Your access to and use of our Service – including but not limited to visiting our site, purchasing products or services, and contributing content – is predicated on your acceptance of and adherence to these Terms of Service (“Terms”). These Terms govern your use of our site and apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content. By accessing or using any part of the site, you agree to be legally bound by these Terms. If you do not accept these terms in their entirety, you must not access or use our website. These Terms of Service constitute a legally binding agreement between you and SoftwareCy LLC. (DBA Xeniosfitness).

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website, and it is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes binding acceptance of those changes. Our store is hosted on SoftwareCy LLC. servers., providing us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given your express consent to allow any of your minor dependents to use this site. Our products and services must be used exclusively for lawful purposes and in a manner that complies with all applicable local, state, national, and international laws and regulations, including but not limited to copyright laws. You are strictly prohibited from using our site or its contents: (a) for any illegal, unauthorized, or unethical purpose; (b) in any manner that contravenes these Terms of Service or infringes on any intellectual property rights; or (c) to upload, transmit, distribute, or otherwise disseminate any harmful computer code, viruses, or other forms of destructive or malicious software.

A violation or breach of any of the Terms will result in an immediate termination of your Services and may expose you to civil and/or criminal liability. Additionally, we reserve the right to pursue any remedies available to us at law or in equity for such violations.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time at our sole discretion. In using our Service, you understand that your content (excluding credit card information), may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Be aware that credit card information is always encrypted during transfer over networks.

You are strictly prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any aspect of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission. Such unauthorized use or exploitation constitutes a breach of these Terms and may subject you to civil and/or criminal penalties under applicable law.

The headings included in this agreement are for convenience only and will not limit or otherwise affect these Terms. We reserve the right to enforce these Terms in our sole discretion, and failure to enforce any part of these Terms at any time does not constitute a waiver of our right to enforce the same or any other part of these Terms in the future.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

While we strive to provide accurate, complete, and current information on our site, we do not warrant that all such information is error-free, comprehensive, or up-to-date. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information which, by its nature, is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information, including but not limited to prices and product descriptions. You agree that it is your responsibility to monitor changes to our site, and we disclaim all liability for any failure to update information on our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without prior notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Such changes may include, but are not limited to, changes in price, suspension or discontinuance of service. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

We endeavor to ensure that all pricing information on the website is accurate, but occasionally there may be an error. In the event of a pricing error in an order you have placed, we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat the order as canceled.

Your continued use of or access to our website or the Service following any changes constitutes your acceptance of such changes and your agreement to be bound by the modified Terms.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to our Return Policy. While we make every effort to accurately display the colors and images of our products at the store, we cannot guarantee that your device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, on a case-by-case basis. We may exercise this right based on our own discretion. Furthermore, we reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. The use of the products or services offered on this site is at your own risk and discretion.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Failure to provide accurate, complete, and current information may result in the refusal of your order, delay in the delivery of your order, or termination of your account.

It is your responsibility to safeguard your account information, including your username and password, and to promptly notify us of any unauthorized use of your account. We are not responsible for any loss or damage arising from your failure to comply with this obligation.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We also recommend consulting a professional to ensure the tools are suitable for your intended use.

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. Your use of these new features or tools will be regarded as acceptance of the Terms of Service as applicable to them.

SECTION 8 – THIRD-PARTY LINKS

Content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party sites and we do not warrant, endorse, guarantee, or assume responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm, damages, losses, or negative consequences that may result from your purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transactions or relying on the information from these third-party sites, please review the third-party’s policies and practices carefully and ensure you understand them. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Your use of third-party links and resources is at your own risk and discretion, and you should make an informed decision before engaging with any such third-party resources.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (e.g., contest entries), or without our request, you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We shall have no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We reserve the right but have no obligation to monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or which violates any party’s intellectual property or these Terms of Service. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

You agree that your comments will not violate any right of a third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You must not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments. We shall have the right to remove or edit such content but have no obligation to do so.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. By using our Service, you agree to the collection, use, and sharing of your personal information as outlined in our Privacy Policy, which you should review thoroughly.

You are responsible for ensuring the accuracy and completeness of all personal information you provide to us. Inaccurate, incomplete, or outdated information may result in the termination of your account and an inability to access or use our Service. We are not responsible for any problems or liabilities arising from your failure to maintain the accuracy of your personal information.

We take reasonable measures to protect your personal information but cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Please be aware that our site may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or the handling of your personal information by third parties.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on a related website has been modified or updated.

You acknowledge that such errors, inaccuracies, or omissions may relate to product descriptions, pricing, and availability, and we expressly reserve the right to cancel any order related to such errors, inaccuracies, or omissions without liability to you or any third party. It is your responsibility to monitor our site for changes and to verify the accuracy of the information provided before making any purchasing decision.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are expressly prohibited from using the site or its content:

(a) For any unlawful purpose;

(b) To solicit others to perform or participate in any unlawful acts;

(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) To submit false or misleading information;

(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, related websites, or the Internet;

(h) To collect or track the personal information of others;

(i) To spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) For any obscene or immoral purpose;

(k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Violation of any of these prohibitions will result in immediate termination of your Services and may subject you to civil and/or criminal penalties. We reserve the right to investigate any such violations and to cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall SoftwareCy LLC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SoftwareCy LLC.. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, your violation of any law or the rights of a third party, or your use of our Service.

This indemnification obligation will survive the termination or expiration of these Terms of Service and your use of the Service. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without our prior written consent.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. Any unenforceable portion shall be deemed to be severed from these Terms of Service, but such determination shall not affect the validity and enforceability of any other remaining provisions.

This severability clause ensures that if one part of these Terms is found to be invalid or unenforceable, it does not affect the validity of the rest of the Terms. Our intention is to have any unenforceable provisions replaced with enforceable provisions that achieve the same or similar objectives as the original provisions to the extent permissible under the law.

SECTION 16 – TERMINATION OF AGREEMENT TERMS

Xeniosfitness is committed to ensuring a positive experience for all clients. Accordingly, we reserve the right to limit, suspend, or terminate our services and agreements, including but not limited to live, recorded, social media-based, or digital interactions, at our sole discretion, without refund or cancellation of remaining payments due, under the following conditions:

(a) The Client acts in a disruptive manner or becomes uncooperative;

(b) The Client fails to provide Xeniosfitness with necessary materials or information;

(d) The Client consistently fails to adhere to instructions or demonstrates a lack of patience;

(e) The Client does not respect Xeniosfitness office hours (08:00 am – 11:00 am and 17:00 to 23:00 EST, Monday to Friday);

(f) The Client fails to fulfill any payment obligations.

All obligations and liabilities incurred by either party prior to the termination date will remain in effect after the termination of this agreement. The Terms of Service are binding unless and until terminated by either party. You may terminate these Terms of Service by notifying us that you no longer wish to use our Services, or when you cease using our site.

Should you fail, in our sole judgment, to comply with any term or provision of these Terms of Service, or if we suspect such failure, we may terminate this agreement at any time without notice. Following termination, no refunds will be issued, and you will remain responsible for all amounts due up to and including the date of termination. Additionally, we reserve the right to deny you access to our Services (or any part thereof).

SECTION 17 – REFUND POLICY

Our services, including Spartan Coaching™ Warrior, Spartan Coaching™ Commando, Spartan Coaching™ Elite, and Spartan Coaching™ Advanced Blood Analysis, are tailored to each individual’s needs. Due to the personalized nature of our programs, the inclusion of specialized blood tests, and the provision of essential tools for your transformation journey, we maintain a strict no-refund policy for all our services post-payment. This policy ensures we can dedicate the necessary resources and attention to each client from the onset of their program.

The only exception to our no-refund policy is the Spartan Coaching™ Deposit, which is refundable within the first 7 days of purchase. After this period, the deposit becomes strictly non-refundable. We emphasize transparency before any purchase, making it clear that all sales are final upon payment.

This approach reflects our commitment to providing high-value, customized coaching experiences from the moment you decide to join us. We urge all prospective clients to review our terms carefully and acknowledge their agreement with this policy before proceeding with any payment.

SECTION 18 – AUTOMATIC PAYMENTS ON SUBSCRIPTIONS AND THIRD-PARTY FINANCING

For clients who enroll in the Spartan Coaching™ program under a subscription model, the following terms apply:

(a) Automatic Payment Authorization: You authorize SoftwareCy LLC. to automatically charge the payment method on file according to the agreed payment schedule. This typically occurs every thirty (30) days.

(b) Payment Reminders: We will send an email reminder three (3) days before each scheduled payment, detailing the upcoming charge and allowing for any necessary updates to your payment method.

(c) Handling Failed Transactions: In case of a failed payment, we reserve the right to re-attempt processing within a reasonable timeframe. Persistent failure may lead to service suspension or termination.

(d) Additional Fees for Dishonored Payments: For payments not honored by your bank or financial institution, an additional handling fee, as outlined in our pricing policy, may apply. You are responsible for any uncollected amounts.

(e) Responsibility for Account Funds: Ensure your account has sufficient funds to cover automatic payments. Promptly update any changes to your billing information.

(f) Delinquent Payments: Late payments may incur additional fees, collection actions, and potential credit bureau reporting, as detailed in Section 19.

Clients who enroll in the Spartan Coaching™ program through third-party financing options such as Affirm, Klarna, or AfterPay are responsible for fulfilling all payment obligations to these financing companies. It is the client’s responsibility to review and agree to the terms and conditions of the financing provider prior to committing to their service. Xeniosfitness is not affiliated with these financing services and assumes no responsibility for transactions and agreements made between clients and these third-party financial institutions. Clients are encouraged to thoroughly understand the financial terms, including interest rates and repayment schedules, as dictated by their chosen financing service.

SECTION 19 – PAYMENT OVERDUE POLICY

This policy outlines the procedures and consequences for late or missed payments in connection with our services:

(a) Courtesy Reminder: Issued one (1) day after the due date if payment is not received, requesting immediate settlement of the overdue amount.

(b) Overdue Notice: Sent four (4) days after the due date if the payment remains outstanding, warning that a late payment fee will be applied if the payment is not received within three (3) days.

(c) Final Warning and Late Payment Fee: Dispatched seven (7) days after the due date, applying a Late Payment Penalty Fee as a percentage of the outstanding invoice. This notice demands payment within seven (7) days to avert service suspension.

(d) Suspension of Service: Issued eight (8) days after the due date if payment is still pending, informing you of the imminent service suspension on the following business day due to non-payment.

(e) Default Notice: Sent ten (10) days after the due date, indicating that all services have been suspended and you are in breach of the agreement due to non-payment. Full settlement of the outstanding balance and a portion of the current invoice is required to reactivate services. Non-payment may lead to debt referral to a collections agency.

Maintain current billing information and ensure timely payment to prevent these actions. If you foresee difficulty in making a payment, please contact us in advance to discuss possible solutions.

SECTION 20 – MEMBERSHIP DURATION, INACTIVITY, AND PROGRAM PAUSE POLICY

(a) Membership Duration: The duration of our Spartan Coaching™ Programs is specified at the time of purchase and may include options such as 3-Months, 6-Months, or 12-Months. The membership duration is continuous from the date of purchase and includes every day, irrespective of your activity level in the program.

(b) Inactivity: We understand that there may be periods when you are unable to actively participate in the program. However, please note that periods of inactivity do not extend the original duration of your membership. The program’s benefits and services are available for the duration originally purchased, regardless of usage.

(c) Program Pause: If you need to temporarily pause your participation in the program, we offer a Spartan Coaching Pause Plan. This plan, available at a cost of $14.99 per month, allows you to pause your participation while preserving the original duration of your program. To activate this pause, you must notify us in writing before the start of your intended pause period.

(d) Resumption of Program: Upon resumption, your program will continue from where it was paused, and the remaining duration of your original purchase will be available for use. It is your responsibility to inform us when you are ready to resume the program.

(e) Non-Transferability: Membership benefits and durations are non-transferable and are solely for the use of the registered member.

This policy is designed to offer flexibility while maintaining the integrity and value of our Spartan Coaching™ Programs. We encourage you to communicate with us regarding any changes in your circumstances that might affect your participation in the program.

SECTION 21 – REFERRAL COMMISSION

Our referral program offers incentives for clients who recommend our Spartan Coaching™ programs to new clients. The following terms apply:

(a) Eligibility for Commission: A 10% commission is awarded for every new client you refer who enrolls in our Spartan Coaching™ Warrior, Commando, or Elite programs. This commission is applicable whether the referred client makes a one-time payment or chooses a subscription payment model.

(b) Commission Payment Schedule: Commissions are paid out 90 days after the referred client has joined the program. This waiting period ensures that the new member is committed to and remains active in the program.

(c) Method of Payment: All referral commissions are paid exclusively via Bank Transfer. It is your responsibility to provide accurate banking details for commission payments.

(d) Subscription-Based Referrals: For referrals that choose a subscription payment method, the 10% commission will be calculated on each successful transaction made by your referral, for as long as the subscription remains active.

(e) Notification of Eligibility: You will be notified via email when your referral commission becomes eligible for payout.

(f) Compliance with Terms: Participation in the referral program requires adherence to these Terms of Service. Any violation may result in forfeiture of referral commissions.

This program is designed to reward our loyal clients who help expand the Spartan Coaching™ community. We appreciate your support and advocacy in sharing the benefits of our programs.

SECTION 22 – INTELLECTUAL PROPERTY, NON-COMPETITION, AND COMMUNITY CONDUCT POLICY

Purpose and Scope

This policy safeguards Xeniosfitness’s proprietary methodologies, content, and trademarks, ensuring a respectful and secure community environment. By engaging with our services, participants agree to respect our intellectual property rights and abstain from any actions that would harm the company’s interests or community integrity.

Intellectual Property Rights

Participants are prohibited from replicating, distributing, or utilizing Xeniosfitness’s proprietary content, methodologies, or trademarks without explicit, written consent. Our intellectual assets are protected under U.S. federal law and the laws of the State of Delaware, encompassing, but not limited to, all forms of media, training materials, and branding elements.

Non-Competition Clause

To maintain the unique value of Xeniosfitness services, clients agree not to establish or participate in any business endeavors that directly compete with Xeniosfitness offerings. This includes, but is not limited to, businesses that employ similar methodologies, target the same client base, or operate within the fitness and wellness sectors in a manner that could be construed as competitive, for a duration of two years post the last engagement with Xeniosfitness.

Prohibited Conduct within the Community

Engaging in unauthorized solicitation, advertising, or promotion within the Xeniosfitness community, including direct or indirect attempts to poach clients or disseminate competing services and products, is strictly forbidden. Such conduct will trigger immediate termination of any service agreements without refund and may lead to further legal actions.

Enforcement and Legal Action

Xeniosfitness reserves the right to enforce this policy through all available legal remedies, including but not limited to litigation for infringement of intellectual property, breach of contract, and any other relevant legal actions, seeking both injunctive relief and damages.

Dispute Resolution

Disputes arising from or related to the enforcement of this policy will be resolved under the jurisdiction of the laws of the State of Delaware, USA. We favor amicable resolutions; however, if necessary, arbitration under the American Arbitration Association (AAA) rules will be pursued before resorting to litigation.

Amendment and Notification

Xeniosfitness may modify this policy at any time. Such modifications are effective immediately upon posting on the Xeniosfitness website or notification to the community. Participants are responsible for regularly reviewing these terms to stay informed of their obligations and rights.

By engaging with Xeniosfitness, you acknowledge your acceptance and agreement to adhere to this comprehensive Intellectual Property, Non-Competition, and Community Conduct Policy, which is designed to protect both the business interests of Xeniosfitness and the well-being of its community.

SECTION 23 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and SoftwareCy LLC.. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. It is our intent that these Terms of Service provide clear guidelines and understanding of your use of our services. Your acceptance of these Terms of Service represents your understanding that these terms are the complete and exclusive statement of the agreement between us, negating any other agreements or understandings.

SECTION 24 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Delaware State USA, without regard to its conflict of law principles.

By agreeing to these Terms and using our services, you consent to the exclusive jurisdiction and venue of the courts in Delaware State USA for all disputes arising out of or relating to the use of our services or these Terms of Service. This choice of jurisdiction applies regardless of where you are located at the time of using our services or engaging in transactions with us.

This governing law clause ensures that any legal matters related to our services will be adjudicated under the laws of Delaware State USA, providing a clear legal framework for both parties.

SECTION 25 – CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check our website periodically for these changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Changes may address new features, services, or changes in regulatory requirements, and can include modifications to existing terms, addition of new terms, or the removal of outdated terms. We will endeavor to provide reasonable notice of significant changes when feasible. However, it is ultimately your responsibility to review the Terms of Service regularly to stay informed of any modifications.

By continuing to use or access our services after changes to the Terms of Service are made and posted, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

SECTION 26 – CONTACT INFORMATION

For any questions, concerns, or clarifications regarding these Terms of Service, or if you need assistance with any aspect of our services, please contact us at via https://www.xeniosfitness.com/contact

Our customer support team is dedicated to providing timely and helpful responses to all inquiries. We encourage you to reach out with any issues or questions you may have, as open communication is vital for a satisfactory service experience.

Please ensure that your inquiries are detailed and specific to enable us to provide the most accurate and helpful information in our response. This contact information is exclusively for queries related to the Terms of Service and our services, and should not be used for marketing or unsolicited commercial communications.