TERMS OF SERVICE OVERVIEW

This website is operated by SoftwareCy Charalambous Ltd. (Xeniosfitness). Throughout the site, the terms “we”, “us”, and “our” refer to SoftwareCy Charalambous Ltd. (Xeniosfitness). SoftwareCy Charalambous Ltd. (Xeniosfitness) offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service”. You agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all site users, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. You agree to be bound by these Terms of Service by accessing or using any part of the site. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 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. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes. Our store is hosted on SoftwareCy Inc. They provide 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 represent 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 you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion 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 express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, 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. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without 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. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour 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. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We 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. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

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, household, or order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided when the order was made. In our sole judgment, we reserve the right to limit or prohibit orders that 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, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor have any control or 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 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 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.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include third-party materials. Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties. We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with any third-party websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send 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 are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 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.

SECTION 10 – PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the store. To view our Privacy Policy.

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, including pricing information, 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 related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are 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; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (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 or of any related website, other 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; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

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 that may be 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 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 Xenios Charalambous Fitness, 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 XC Fitness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless 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 or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

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

SECTION 16 – TERMINATION OF AGREEMENT TERMS

Xeniosfitness is dedicated to maintaining a positive experience for all clients. As such, Xeniosfitness reserves the right to limit, suspend, or terminate services and agreements, including but not limited to live, recorded, social media-based, or digital interactions, 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.

Any obligations and liabilities incurred prior to termination will remain in effect after the termination of this agreement. The Terms of Service remain in force 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.

If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or 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. We also reserve the right to deny you access to our Services (or any part thereof).

SECTION 17 – REFUND POLICY

Given the unique nature of our services, our Spartan Coaching™ Elite program offers a 90-day action-based money-back guarantee. To qualify for a refund, you must meet all the following criteria:

(a) Complete 90 days in the program and consistently log all required information in the Xeniosfitness mobile application every day. The 90-day period commences after you schedule your 1:1 onboarding call, which must be booked within 7 days of purchasing the program.

(b) Maintain a daily log of your weight and food intake, demonstrating adherence to the macros and calorie targets provided by us each week.

(d) Regularly respond to our messages via private 1:1 chat, schedule at least six (6) 1:1 coaching calls with your assigned coach, and three (3) 1:1 coaching calls with Xenios.

(e) If daily logs are incomplete or you repeatedly receive warnings from your coach for non-compliance with instructions, you will be ineligible for a refund.

(f) If your fitness goal was “weight loss/fat loss”, we will verify that your weight, body fat, and lean muscle readings are not improved from when we began. If your weight is higher, body fat is lower, and lean muscle mass is higher than the initial readings, you will not qualify for a refund.

(g) If your fitness goal was to address a “skinny fat” body type, we will review your progress based on the goals set during the first few months. For instance, if muscle gain was the goal, an increase in weight and body fat from the starting point is anticipated.

Please note: This 90-day action-based money-back guarantee is exclusive to the Spartan Coaching™ Elite program. If you withdraw from the program before completing 90 days, or if you request a refund more than 120 days after initial purchase, you will not be eligible for a refund. Similarly, if you fail to schedule the 1:1 onboarding call, you forfeit your eligibility for a refund. This policy operates on the principle of rewarding consistent effort and adherence to program guidelines.

Cost of Devices: As part of the Spartan Coaching™ Elite program, we provide various tools including Xeniosfitness resistance bands, a food scale, smart weight scale, wristband, and blood check kit. If you are eligible for a refund, we will deduct $1500 from your refund amount to cover the cost of these tools.

Example of an eligible refund request:

The client enrolled on January 1, 2023, and started the program on January 11, 2023, weighing 250 lbs with a weight-loss goal. The client recorded daily food intake, workouts, and weight, adhered to all instructions from the dedicated coach, followed the prescribed workout progressions, and scheduled more than six 1:1 coaching calls, maintaining excellent collaboration with the dedicated coach. The client requested a refund on April 21, 2023 (day 100), as the weight had increased to 260 lbs.

Given that the client met all conditions outlined in sections (b), (c), (d), and (f) of the refund policy and made the refund request within 120 days of program purchase but after 90 days of program engagement, the refund request is approved, minus $1500 for the cost of devices.

Example of a NON-eligible refund request:

The client enrolled on January 1, 2023, and started the program on January 11, 2023, weighing 250 lbs with a weight-loss goal. Despite daily logging of food intake, workouts, and weight, the client did not follow the instructions or the workout progressions provided by the dedicated coach. More than six 1:1 coaching calls were scheduled, and a refund was requested on April 21, 2023 (day 100), as the weight had increased to 260 lbs.

As the client failed to meet the conditions outlined in sections (b), (c), and (e) of the refund policy, the refund request is declined.

Example of an extreme NON-eligible refund request:

The client enrolled on January 1, 2023, and started the program on January 11, 2023, weighing 250 lbs with a weight-loss goal. The client recorded daily food intake, workouts, and weight, followed all instructions from the dedicated coach, adhered to the prescribed workout progressions, and scheduled more than six 1:1 coaching calls, maintaining excellent collaboration with the dedicated coach. The client requested a refund on July 10, 2023 (day 180), as the weight had increased to 260 lbs.

Given that the client made the refund request beyond 120 days from the program purchase date, the refund request is declined, regardless of program adherence.

Refund Policy for Spartan Coaching™ Entry, Spartan Coaching™ Warrior, Spartan Coaching™ Commando, Deposits, Additional Purchases, and Split Payment Plans

Please note that our Spartan Coaching™ Entry, Spartan Coaching™ Warrior, and Spartan Coaching™ Commando programs, due to their distinct structure, do not qualify for any refunds. This also applies to additional purchases such as paid 1:1-Coaching Calls, program duration extensions, and items such as t-shirts and accessories.

Payment Policies for Split Pay Plans

For clients who have opted for a split-pay option over the one-time discounted payment to enroll in any of our programs, all payments must be completed. For information about our automatic payments policy, please refer to Section 18. For guidelines on overdue payments, please refer to Section 19.

Reservation Deposits

For clients keen on joining the program with the incentive pricing discussed during our phone conversations, we offer a reservation option. This allows you to hold your spot even if you’re unable to make the full payment immediately. Key points to note:

Deposit Duration: Deposits secure your position for up to 6 months.
Refund Policy: The deposit is refundable within the first 7 days of making the payment. After the 7-day period, deposits become non-refundable. If you fail to inform us about your planned full payment date post this 7-day window, you risk losing your deposit and reserved spot.
Intention: This reservation mechanism is a part of the Spartan Coaching™ Entry program and caters predominantly to our highly committed clients.
Deadline: To avail this option, the deposit must be placed by the end of the day the offer is made.
Given the non-refundable nature of the deposit post the initial 7 days, we strongly recommend you to think through your decision before proceeding. If any uncertainties arise or further details are needed, kindly get in touch with our customer support team.

SECTION 18 – AUTOMATIC PAYMENTS ON INSTALMENTS, SPLIT PAYMENTS, AND SUBSCRIPTIONS

For clients who register for the Spartan Coaching™ Warrior, Spartan Coaching™ Commando, or Spartan Coaching™ Elite programs with an installment plan, split-pay, or subscription option, you give us permission to automatically charge your credit card on file, or a substitute account provided by you or your card issuer from time to time, for the amounts owed as outlined in the email prior to your registration for any of our services.

Our installment, split-pay, or subscription payments are automatically processed every thirty (30) days. We will send you an email reminder three (3) days before each upcoming payment, informing you about the upcoming charge and providing an opportunity for you to update your preferred payment method if necessary.

Dishonoured Requests for Payments: If a payment transaction is not honoured by your bank or other financial institution, we reserve the right to charge the customer for the amount of any such transaction. You will continue to be responsible for any uncollected amounts, as well as any late payment charges as permitted by our agreement and applicable laws. Please refer to SECTION 19 for more details on handling failed transactions and overdue payments.

SECTION 19 – PAYMENT OVERDUE POLICY

The following outlines our Overdue Policy, which describes how Xeniosfitness manages late payments. If you’re having trouble facilitating a payment or disputing any charges on an invoice, you must inform us in writing within seven (7) days of receiving the relevant invoice at support@xeniosfitness.com. We have a five-stage notice process for overdue accounts:

1. Courtesy Reminder – Dispatched one (1) day after the due date. If payment isn’t received as per the agreed payment term, a Courtesy Reminder will be sent requesting full payment. If payment of the overdue balance isn’t received within three (3) days following the courtesy reminder, late payment penalty fees may apply.

2. Overdue Notice – Dispatched four (4) days after the due date. If payment isn’t received within three (3) days of the Courtesy Reminder, an Overdue Notice will be sent, notifying you that a late payment fee will be applied to your account if payment isn’t received within three (3) days.

3. Final Warning Notice and Late Payment Fee – Dispatched seven (7) days after the due date. If payment isn’t received by this date, a Late Payment Penalty Fee, equivalent to a percentage of your outstanding invoice, will be applied. This fee will appear as a debit charge on your next invoice. This notice will also request payment to be made within seven (7) days from the notification date to avoid service suspension.

4. Suspension of Service Notice – Dispatched eight (8) days after the due date. If payment isn’t received by this date, a fourth notice will be sent, informing you that login access has been disabled and services will be suspended on the following business day due to non-payment. This constitutes a breach of your agreement with Xeniosfitness.

5. Default Notice – Dispatched ten (10) days after the due date. A fifth notice is issued, advising that all services have been suspended and the customer is in default and in breach of their agreement for non-payment. Full payment of outstanding balances and a portion of the current invoice must be paid to re-enable services. Payment must be made directly to Xeniosfitness before services are reactivated. If payment isn’t received, the debt owed to Xeniosfitness will be referred to our collections agency, where we will seek a default judgment.

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

Our Spartan Coaching™ Programs are designed with varying duration options including 3-Months, 6-Months, or 12-Months. To fully benefit from the program, it’s important to actively engage with the Xeniosfitness app and communicate with your dedicated coach throughout your membership duration.

We understand there may be times when life circumstances require you to be less active or put your engagement in the program on pause. However, please note that your membership duration is continuous from the date of purchase, and counts every single day regardless of your activity level.

If you foresee a period of inactivity or need to pause your program, we advise subscribing to the Spartan Coaching Pause Plan. This plan costs $9.99 per month and allows you to preserve your original program’s duration for future use. This means if you need to take a break, you won’t lose any of the duration you’ve already purchased.

We encourage you to keep us informed about any changes to your participation. This ensures you get the most out of your Spartan Coaching™ Program and allows for a seamless continuation of your fitness journey when you’re ready.

SECTION 21 – REFERRAL COMMISSION

For our Spartan Coaching™ Warrior, Commando, & Elite programs, we offer a 10% commission for every referral you bring to us who purchases any of these mentioned programs. If the referral you brought to us chooses our subscription payment method, then we will pay you a 10% commission on every successful transaction made by your referral.

Please note that we will pay out the commissions 90 days after your referral has joined the program. This is to ensure that the new member stays within the program.

We only pay the referral commission via Bank Transfer.

By participating in our referral program, you have the potential to earn significant rewards for helping to grow the Spartan Coaching™ community.

SECTION 22 – 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 concerning The Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any 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 interpreting these Terms of Service shall not be construed against the drafting party.

SECTION 23 – 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 63 Gialousas, Limassol, 3071, Cyprus.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for 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.

SECTION 25– CONTACT INFORMATION Questions about the Terms of Service should be sent to us at support@xeniosfitness.com.