1. INTRODUCTION

Welcome to NuProCore Fitness Co. (“Company”, “we”, “our”, or “us”). These Terms of Service (“Terms”) govern your use of our fitness services, including our website, mobile applications, and any related services (collectively, the “Services”). By accessing or using our Services, you agree to these Terms. If you do not agree with any part of these Terms, you must not use our Services.

2. SERVICES

2.1. Overview

Our Services include but are not limited to, providing fitness plans, workout routines, nutrition advice, and access to fitness-related content. We offer both digital and physical products, including memberships, subscriptions, and one-time purchases.

2.2. Changes to Services

We reserve the right to modify or discontinue any part of our Services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. ACCOUNTS

3.1. Account Creation

To access certain features of our Services, you may need to create an account. You must provide accurate and complete information during the registration process and keep your account information updated.

3.2. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3. Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or if we believe your account poses a risk to our Services or other users. You may also terminate your account at any time by contacting us.

4. USER RESPONSIBILITIES

4.1. Acceptable Use

You agree to use our Services in accordance with applicable laws and regulations. You must not:

– Use our Services for any unlawful or unauthorized purpose.

– Engage in any activity that interferes with or disrupts our Services or servers.

– Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.

– Transmit any harmful, defamatory, or offensive content.

4.2. Content Submission

If you submit any content (such as reviews, comments, or suggestions) to us, you grant us a worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, and display such content in connection with our Services.

5. FEES AND PAYMENTS

5.1. Pricing

Our Services may be offered on a subscription, membership, or one-time purchase basis. Pricing and payment terms are specified at the time of purchase. We reserve the right to change our pricing and payment terms at any time.

5.2. Payment Methods

You agree to provide valid and current payment information. By providing your payment information, you authorize us to charge the applicable fees to your payment method.

5.3. Refunds

Refunds are subject to our refund policy, which is available on our website. Please review our refund policy for more information on eligibility and procedures.

6. INTELLECTUAL PROPERTY

6.1. Ownership

All content and materials provided through our Services, including but not limited to text, graphics, logos, images, and software, are the property of NuProCore Fitness Co or its licensors and are protected by intellectual property laws.

6.2. License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes.

7. DISCLAIMERS

7.1. No Medical Advice

Our Services are for informational and educational purposes only and do not constitute medical or professional advice. Always consult with a healthcare professional before starting any fitness or nutrition program.

7.2. No Warranty

Our Services are provided “as is” and “as available.” We do not warrant that our Services will be uninterrupted, error-free, or free from viruses or other harmful components. We disclaim all warranties to the fullest extent permitted by law.

8. LIMITATION OF LIABILITY

8.1. Exclusion of Damages

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of our Services.

8.2. Limitation of Liability

Our total liability to you for any claim arising out of or relating to these Terms or your use of our Services shall not exceed the amount you have paid to us in the past 12 months.

9. INDEMNIFICATION

You agree to indemnify and hold harmless NuProCore Fitness Co, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of our Services or your violation of these Terms.

10. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or our Services shall be resolved in the competent courts of [Your Jurisdiction].

11. ARBITRATION

11.1. Dispute Resolution

Any disputes, claims, or controversies arising out of or relating to these Terms or your use of our Services that cannot be resolved through informal negotiation will be settled by binding arbitration. Arbitration will be conducted in accordance with the rules of [Arbitration Institution, e.g., the American Arbitration Association (AAA) or the International Chamber of Commerce (ICC)].

11.2. Arbitration Process

The arbitration will be conducted at a location we disclose. The arbitration will be conducted by a single arbitrator appointed by our Arbitration Institution. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

11.3. Class Action Waiver

You agree that any arbitration will be conducted on an individual basis and not on a class, consolidated, or representative basis. You waive any right to participate in a class action or collective action.

11.4. Exception

Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in the courts of Texas for any violation of our intellectual property rights or to enforce the arbitration provisions of these Terms.

12. INTERNATIONAL COMPLIANCE

12.1. General Data Protection Regulation (GDPR)

For users in the European Union, we comply with the GDPR requirements. This includes respecting your rights to access, correct, delete, and restrict the processing of your personal data. You can exercise these rights by contacting us at info@nuprocore.com.

12.2. California Consumer Privacy Act (CCPA)

For users in California, we comply with the CCPA requirements. You have the right to request information about the personal data we collect, use, and share. You may also request to delete your personal data. To exercise these rights, please contact us at info@nuprocore.com.

12.3. Other International Laws

We are committed to complying with other applicable international data protection laws. If you have specific concerns related to your jurisdiction, please contact us for further information.

13. INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by NuProCore Fitness Co. in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NuProCore Fitness Co. NuProCore’s rights and remedies hereunder are cumulative and not exclusive.

14. SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES

14.1. Successors and Assignments

These Terms and any rights and licenses granted hereunder may not be assigned or transferred by you without our prior written consent but may be assigned by us without restriction. Any attempted assignment or transfer in violation of these Terms shall be null and void.

14.2. No Third Party Beneficiaries

These Terms are intended solely for the benefit of the parties hereto and are not intended to create any third-party beneficiaries. No third party shall have any rights to enforce any provision of these Terms.

15. TERMS CANCELLATION POLICY

15.1. Subscription Cancellation

You may cancel your subscription at any time through your account settings or by contacting our customer support team. Cancellations will be effective at the end of your current billing cycle. No refunds will be provided for partial months or unused services.

15.2. Membership Cancellation

To cancel your membership, please contact us directly. Your membership will be canceled at the end of the current billing period. Any applicable fees or charges incurred prior to cancellation are non-refundable.

15.3. One-Time Purchase Cancellation

For one-time purchases, cancellations or returns are subject to our return policy. Please review our return policy on our website for details on eligibility and procedures.

15.4. Special Offers and Promotions

Cancellations of subscriptions or memberships purchased through special offers or promotions may be subject to additional terms. Please refer to the specific terms and conditions provided with such offers.

16. CHANGES TO THESE TERMS

We may update these Terms from time to time. We will notify you of significant changes by posting the updated Terms on our website with the revised date. Your continued use of our Services after any changes indicates your acceptance of the revised Terms.

17. CONTACT US

If you have any questions about these Terms, our Services, or your personal information, please contact us at info@nuprocore.com. Thank you for choosing NuProCore Fitness Co. We look forward to supporting your fitness journey.

18. NOTICES

You consent to receive all communications including notices, agreements, disclosures, or other information from NuProCore Fitness Co. electronically. NuProCore Fitness Co. may communicate by email or by posting to the NuProCore Fitness Co. Service. For support-related inquiries, you may email Support. For all other notices, contact us at info@nuprocore.com. Nothing in these Terms or otherwise limits NuProCore Fitness Co.’s right to object to subpoenas, claims, or other demands.

19. MODIFICATION

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the NuProCore Fitness Co. website and/or through the NuProCore Fitness Co. service. Modifications will be effective on the date that they are posted to the NuProCore Fitness Co. website. You should review the Terms whenever we update them before you use the NuProCore Fitness Co. service. If you continue to use the NuProCore Fitness Co. service after we have posted updated Terms, you agree to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(9) “Effect of Changes on Arbitration,” you may not use the NuProCore Fitness Co. service anymore. Because the NuProCore Fitness Co. service has evolved we may change or discontinue all or any part of the NuProCore Fitness Co services, at any time and without notice, at our sole discretion.

20. FORCE MAJEURE

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non- conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

21. SMS TERMS

Email, SMS, and Telephone. You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us, or contact us using the details provided under the Contact Us on our website. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding NuProCore Fitness Co. and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

If you opt-in to “NuProCore Fitness Co. Account” text messages, you will receive text messages from NuProCore Fitness Co. ” NuProCore Fitness Co. Account ” text messages are non-promotional messages alerting you to important information, like the details of your delivery, failed subscription payments and other alerts related to your NuProCore Fitness Co. subscription or purchases. To opt out of receiving ” NuProCore Fitness Co. Account” text messages, text STOP to the number from which you received the message. We will send you one final message to confirm that you have been unsubscribed and will process your request within a reasonable time after receipt, in accordance with applicable laws. If you experience any issues with text messages from NuProCore Fitness Co., text HELP to the relevant number referenced above or email our Support team at support@nuprocore.com. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.

If you opt-in to ” NuProCore” text messages, you will receive text messages from NuProCore Marketing. ” NuProCore” text messages are recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from NuProCore at the cell number used when signing up. Consent is not a condition of any purchase. To opt out of receiving ” NuProCore” text messages, text STOP to the number from which you received the message. We will send you one final message to confirm that you have been unsubscribed and will process your request within a reasonable time after receipt, in accordance with applicable laws. If you experience any issues with text messages from NuProCore, text HELP to the relevant number referenced above or email our Support team at support@nuprocorecom. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.