Terms of Service - Xeniosfitness.com

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 committed to providing all clients with a positive experience. Thus Xeniosfitness may, at its sole discretion, limit, suspend, or terminate the agreement, live, recorded, social media-based, or digital, without refund or forgiveness of remaining payments due if the Client:

(a) Becomes disruptive or difficult to work with;

(b) Fails to provide Xeniosfitness with necessary material or information;

(d) Does not follow our instructions properly and doesn’t show patience;

(e) Does not respect Xeniosfitness office hours which are 08:00 am – 11:00 am and 17:00 to 23:00 EST – Monday to Friday;

(f) Fails to complete any payments;

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are practical unless and until terminated by you or us. 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 judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, without a refund, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – REFUND POLICY

Due to the nature of our business and the services we sell, we have a 90-days action-based money-back guarantee only for the Spartan Coaching™ Scientist program. To be eligible for a refund, you have to meet all of the following criteria:

(a) You have completed 90 days within the program and logged every information we asked for in the Xeniosfitness mobile application on all those days. The 90-days will start after you schedule the 1:1 onboarding call.

(b) We want to see your weight and food log daily according to the macros and calories we gave you each week. We want to make sure that you are hitting the targets we gave you every week.

(d) You always responded to our messages on the private 1:1 chat and scheduled at least six (6) 1:1 coaching calls with your dedicated coach.

(e) If any day is missing based on our checks from the mobile application, or you were constantly getting warnings from your dedicated coach that you are not following the instructions as we prescribed them to you, then you won’t be eligible for this refund which means you didn’t do the work we asked you to do, which obviously you won’t get the results we promised you.

(f) If your fitness goal was “weight loss/fat loss”, then we need to check your weight, body fat and lean muscle to ensure they are worse than what we originally started. If your weight is higher than we originally started, your body fat is lower, AND your lean muscle mass is higher, then I am afraid you won’t be eligible for a refund.

(g) If your fitness goal was to fix the “skinny fat body type physique”, we will need to look at what goal we set for you for the first few months. (for example, if our goal was to gain muscle mass, then it is typical for your weight and body fat to be higher than what you started.)

Note: As mentioned above, this is a 90-day action-based money-back guarantee for the Spartan Coaching™ Scientist program only which describes above how the eligibility works. If you have joined the Spartan Coaching™ Scientist program and changed your mind anytime before the 90 days, you will NOT be eligible for any refund. Also, a refund can not be requested after 120-days of the initial purchase day. This is an “action-based” money-back guarantee which works by you doing the work.

Cost of Devices: Part of the Spartan Coaching™ Scientist program is the Xeniosfitness smart scale and wristband. If you’re eligible for a refund, keep in mind that we will deduct $1000 from the total amount we will refund you.

Example of an eligible refund request:

The customer signed up on the 1st of January, 2021. Has started the program on the 11th of January 2022 at 250 lbs with the goal of losing weight. Has logged all his food, workouts, and weight on a daily basis. Has followed all the instructions of the dedicated coach. Has followed the progression of the workouts. Has scheduled more than six 1:1 coaching calls and had a fantastic collaboration with the dedicated coach. He requested a refund on the 21st of April 2021 (100th day) as his weight was 260 lbs.

The refund is accepted (minus $1000 for the cost of devices) as the customer meets (b) (c) (e) (d) (e) (f) from Section 17 and has requested the refund before the 120-day duration from the initial purchase of the program and after 90-days of being in the program.

Example of a NON-eligible refund request:

The customer signed up on the 1st of January, 2021. Has started the program on the 11th of January 2022 at 250 lbs with the goal of losing weight. He has logged all his food, workouts, and daily weight; however, he was not following the instructions properly from the dedicated coach. The progression was not followed as well. Has scheduled more than six 1:1 coaching calls. He requested a refund on the 21st of April 2021 (100th day) as his weight was 260 lbs.

The refund is declined as the customer didn’t meet (b) (c) (e) from Section 17.

Example of an extreme NON-eligible refund request:

The customer signed up on the 1st of January, 2021. Has started the program on the 11th of January 2022 at 250 lbs with the goal of losing weight. Has logged all his food, workouts, and weight on a daily basis. Has followed all the instructions of the dedicated coach. Has followed the progression of the workouts. Has scheduled more than six 1:1 coaching calls and had a fantastic collaboration with the dedicated coach. He requested a refund on the 10th of July 2021 (180th day) as his weight was 260 lbs.

The refund is declined as the customer has requested this after 120-days from the initial purchase of the program.

Spartan Coaching™ Entry, Spartan Coaching™ Starter, Spartan Coaching™ Elite, and additional purchases like paid 1:1-Coaching Calls, Program Duration Extensions, T-Shirts, and Accessories Refund Policy

For clients who decide to join the Spartan Coaching™ Entry, Spartan Coaching™ Starter, and Spartan Coaching™ Elite, due to the nature of how those programs are designed, they are NOT eligible for any refund.

Additionally, clients who purchased paid 1:1-Coaching Calls, program duration extensions, t-shirts, and accessories are NOT eligible for any refund.

Split Pay Plans

All payments must be completed for clients who have chosen to join any of our programs with a split-pay option rather than the 1x time discounted payment. Please read Section 18 for our automatic payments policy. As for any payments that are not completed, please read Section 19, which explains the payment overdue policy.

Reservation Deposits

We accept reservations through a deposit for our clients who decide to join the program with the incentive pricing we offer over the phone but can’t make the payment during that time. All deposits we take are NOT refundable, so make sure you think twice before placing a deposit with us. We offer the reservation option only for very serious clients. The reservation is part of the Spartan Coaching™ Entry program. If anything is unclear or you have more questions, contact our customer support team.

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

For clients who sign up for the Spartan Coaching™ Starter or Spartan Coaching™ Scientist program with instalments, split-pay or a subscription, you hereby authorize us to charge to your credit card on file or a substitute account provided from time to time by you or your card issuer, the amounts you owe as listed on the email before you signed up for any of our services automatically.

Our instalments, split-pay, or a subscription are charged automatically every thirty (30) days. One (1) day before the upcoming payment, we always send you an email reminder to inform you about the payment and also allow you to update the credit card you would like to pay the due amount.

Dishonoured Requests for Payments: If a payment transaction is not honoured by your bank or other financial institution, we have the right to charge the amount of any such transaction to the customer. You remain responsible for any uncollected amounts and charges for late payment allowed by our agreement and applicable law. Please read SECTION 19 to understand failed transactions and overdue payments.

SECTION 19 – PAYMENT OVERDUE POLICY

This is our Overdue Policy which sets out how Xeniosfitness manages overdue payments. If you are having difficulties in facilitating payment or are disputing any fees payable on an invoice, you must notify us via email at support@xeniosfitness.com in writing within seven (7) days of receipt of the relevant invoice. There are five notice actions for overdue accounts:

1. Courtesy Reminder – Sent one (1) day after the due date. If the agreed payment term does not receive payment, a Courtesy Reminder notice will be sent requesting full payment. If payment of the overdue balance is not received within three (3) days after the courtesy reminder notice, late payment penalty fees may apply.

2. Overdue Notice – Sent four (4) days after the due date. If payment is not received within three (3) days of the Courtesy Reminder being sent, an Overdue Notification will be issued advising you that a late payment fee will be applied to your account if payment is not received within three (3) days.

3. Final Warning Notification and Late Payment Fee – Sent seven (7) days after the due date. Should payment not be received by this date, a Late Payment Penalty Fee will be applied as a payment equal to a percentage of your outstanding invoice. The Late Payment Fee will appear on your next invoice as a debit charge. This notice will also request payment to be made within seven (7) days from the notification date to avoid end-user suspension.

4. Suspension of Service Notice – Sent eight (8) days after the due date. If payment is not received by this date, a fourth notice will be sent advising that login access has been disabled and end-user services will be suspended the following business day for non-payment. As per your agreement with Xeniosfitness, you will now breach your agreement.

5. Default Notice – Sent ten (10) days after the due date. A fifth notice is issued, advising that all end-user services have been suspended and the customer is in default and in breach of their Agreement for non-payment. Payment must be made in full of their outstanding monies and part payment of the current invoice to re-enable end-user services. Payment must be made directly to Xeniosfitness before end-user services are enabled. If payment is not received, the debt owed to Xeniosfitness will be sent to our collections agency, where default and judgment will be sought.

SECTION 20 – LIFETIME MEMBERSHIP TERMS AND RE-ACTIVATION FEES

Some of our Spartan Coaching™ Programs come with a lifetime membership duration; however, if you’re planning to be inactive for more than 30-days from the Xeniosfitness app & our Support with your dedicated coach WITHOUT informing us, then we will deactivate your account and re-activation fees are applied in case you want to return in the program. To avoid re-activation fees, you will need to inform us in advance why you will be inactive and how many days, weeks, or months you will be inactive. The re-activation fee is either a one-time payment of $300 USD or $47 USD per month.

SECTION 21 – REFERRAL COMMISSION

To our programs Spartan Coaching™ Starter, Premium & Elite, we pay a 10% commission for every referral you recommend to us and buy any of the programs mentioned. If the referral you brought to us buys any of those programs with our subscription payment method, then we will pay you a 10% commission on every successful transaction your referrals pay. We only pay the referral commission via Bank Transfer. Keep in mind that any existing client who bought the Spartan Coaching™ Starter, Premium & Elite with special offers or discounts won’t qualify for a commission on your first referral. You will get paid 10% on the 2nd referral you bring to us.

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.