General Terms and Conditions

1. Introduction

1.1. These General Terms and Conditions (the “Agreement”) governs the entire relationship between you the Client and the Company.  

1.2. Before the Distance contract is concluded, the Client will be provided with the text of this Agreement electronically or in other durable format. If this is not reasonably possible, the Company will indicate, before the Distance contract is concluded, in what way this Agreement is available for Client`s review at the Company`s premises and that they will be sent free of charge to the Client, as soon as possible, at the Client`s request.

1.3. THE CLIENT IS OBLIGED TO CAREFULLY READ THIS AGREEMENT BEFORE ACCEPTING IT AND USING THE SERVICES OF THE COMPANY. THE CLIENT AGREES THAT HIS/HER USE OF THE SERVICES ACKNOWLEDGES THAT THE CLIENT HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY IT.

1.4. This Agreement contains a mandatory arbitration provision that, as further set forth in Section 17 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

2. Definitions

2.1. Unless this Agreement provide otherwise, wherever used in this Agreement, including the introductory part, the following terms when capitalized shall have the following meanings:

(a) Agreement Agreement for providing Services and/or Goods concluded online by the Company and the Client.

(b) Client user of the Company’s Services and the buyer of Goods as explained in this Agreement.

(c) Company shall mean UAB "Greatness", company code 306027320, registered address at Aludarių g. 3, Vilnius, Lithuania, office address at Aludarių g. 3, LT-01113, Vilnius, Lithuania, e-mail: [email protected]  which is responsible for providing the subscription services and handling Client's inquires, including refunds chargebacks and  for the Services provided via the Website and Mobile app.

(d) Offer the offer to enter into this Agreement of Services and/or Goods provided by Company to the Client through the Website or Mobile app.

(e) Privacy Policy the privacy policy of the Company published on the Website or Mobile app.

(f) Services the Digital content provided by the Company to the Client as well as the accessibility to the Website or Mobile app, including information, text, images offered or provided there.

(g) Digital content individual digital meal, weight loss plans, digital books and/or other digital content sold from time to time online by the Company.

(h) Goods books and/or other products in physical form sold online by the Company.

(i) Distance contract a contract concluded between the Company and the Client within framework of system organized for the distance sale of Digital content and/or Goods.

(j) Website the website of the Company available at beyondbody.me.

(k) Mobile app the mobile application of the Company "Greatnesss: Beyond Body", that may be downloaded by the Client from App Store and/or Google Play. 

3. Submission of the Offer

3.1. The Company will provide the Client with a possibility of receiving an Offer.

3.2. The Client will be asked to provide certain information through before receiving the Offer by choosing provided options or typing requested details. The Client is obliged to provide current, correct and comprehensive information that is requested to be provided.

3.3. Upon submission of the information established in Section 3.2 of this Agreement, the Client will be provided with the Offer. The Offer will include information on the following:

3.3.1. payment amount for the relevant Services and/or Goods,

3.3.2. payment options: via credit card or other allowable payment form,

3.3.3. other information Company finds important to include in the Offer.

3.4. Accepting the Offer

3.4.1. The Client accepts the Offer once he/she ticks the box “I agree with the Terms & Conditions”. Once the Client agrees with the Terms & Conditions, the Client will be required to press the button “Submit secure payment”.

4. Distance contract

4.1. The Distance contract will be concluded at the moment when the Client accepts the Offer and as indicated in paragraph 3.4.1.

4.2. As the Client will accept the Offer electronically, the Company will confirm receipt of acceptance of the Offer electronically. In case the Client purchases Digital content, such will be provided to the Client`s e-mail address provided by the Client or on the Mobile app.

4.3. IN CASE THE AGREEMENT BETWEEN THE COMPANY AND THE CLIENT CONSISTS OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM THE CLIENT AGREES TO LOSE HIS/HER RIGHT OF WITHDRAWAL OF THE AGREEMENT. 

THE COMPANY SHALL STORE THE COPY OF DIGITAL CONTENT (E-BOOK) FOR 3 MONTHS AFTER THE PURCHASE. THE CLIENT HAS TO DOWNLOAD THE COPY OF DIGITAL CONTENT (DIGITAL BOOK) TO ITS DEVICES. IF CLIENT LOSES THE DIGITAL CONTENT (E-BOOK) AFTER THE LINK IS EXPIRED, CLIENT HAS TO CONTACT COMPANY’S CUSTOMER SUPPORT TEAM BY E-MAIL [email protected]. 

4.4. The Company makes reasonable efforts to ensure that Services operate as intended, however such Services are dependent upon internet and other services and providers outside of the control of the Company. By using Company`s Services, the Client acknowledges that the Company cannot guarantee that Services will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Services.

4.5. From time to time and without prior notice to the Client, we may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to the Client, and the Client use of the Services do not entitle the Client to the continued provision or availability of the Services.

4.6. The Client furthermore agrees that:

4.6.1 he/she shall not access Services (including for purchasing Goods) if he/she is under the age of 18;

4.6.2 The Client will deny access of Services to children under the age of 18. The Client accepts full responsibility for any unauthorized use of the Services by minors.

5. Payments

5.1. During the period of validity indicated in the Offer, the price for the Services and/or Goods being offered will not increase, except for price changes in VAT-tariffs.

5.2. The Client agrees to:

5.2.1. pay all additional costs, fees, charges, applicable taxes and other charges that can be incurred by the Client. 

5.2.2. purchase Services and/or Goods by using valid credit card or other allowed form of payment;

5.2.3. provide Company current, correct and comprehensive information as detailed in the purchase order form. If Company discovers or believes that any information provided by Client is not current, inaccurate or incomplete, Company reserves the right to suspend the Service and/or delivery of Goods at its sole discretion and Client forfeits any right to refund paid amount.

5.3. After the Client is transferred to the third party payment service provider, the risk of loss or damages will pass to the Client and/or third party service. The Client’s online credit or debit card payments to the Company will be handled and processed by third party payment service provider and none of the sensitive data in relation to your payment will be stored on or used by the Company. The Company shall not be liable for any payment issues or other disputes that arise due to the third party payment services. The Company may change the third party payment service provider from time to time.

5.4. All prices and costs are in US Dollars unless otherwise indicated.

5.5. All Goods remain Company’s property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents’ permission to buy from the Company.

5.6. All transfers conducted through the Company are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

5.7. In order to ensure that Client does not experience an interruption or loss of Services, the Services might be offered on AUTOMATIC RENEWAL. 

5.7.1. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. For example, if Clients last service period is for one year, the renewal period will typically be for one year.

5.7.2. Unless Client cancels the subscription, Company will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the Service in Client’s account. 

5.7.3. The Company may change the subscription plans and the price of the Services from time to time. Renewals will be charged at Company’s then-current rates (1-month subscription plan price: $54.99 or equivalent nominal price in other currencies; 3-month subscription plan price: $83.97 or equivalent nominal price in other currencies; 6-month subscription plan price: $119.94 or equivalent nominal price in other currencies), which Client acknowledges and agrees may be higher or lower than the rates for the original service period. Limited time offers might be subject to different terms of automatic renewal. If you decide not to continue with our services, you can cancel your subscription before the charge occurs by following cancelation procedure described in our T&C.

5.7.4. IF CLIENT DOES NOT WISH FOR SERVICE TO AUTOMATICALLY RENEW, he may elect to cancel the subscription at least 48 hours before the end of current period, in which case, the Services will be terminated upon expiration of the then current term, unless he manually renew the Services prior to that date.

5.7.5. IN CASE THE CLIENT OPTED-IN A SUBSCRIPTION WITH PHYSICAL BOOK OR E.BOOK PURCHASE AND WISHES TO CANCEL THE SUBSCRIPTION BEFORE SECOND SUBSCRIPTION CHARGE IS MADE, THEN THE COMPANY WILL REQUIRE THE CLIENT TO RETURN ALL ADDITIONAL DISCOUNTS FOR BOOKS APPLIED. OUR SUBSCRIPTION PLANS WITH PHYSICAL BOOK OR E.BOOK ARE OFFERED AT A DISCOUNTED PRICE COMPARED TO THE SINGLE PURCHASE PRICE OF PHYSICAL BOOK OR E.BOOK. CLIENTS WHO WISH TO CANCEL THEIR SUBSCRIPTION BEFORE SECOND SUBSCRIPTION CHARGE WILL BE REQUIRED TO PAY THE DIFFERENCE OF THE SUBSCRIPTION PLAN PRICE AND THE REGULAR PHYSICAL BOOK OR E.BOOK PRICE (FOR PHYSICAL BOOK IT WILL BE 60$ AND FOR E.BOOK IT WILL BE 39.99$) TO THE COMPANY, IN CASE CLIENT SELECTS THE TERMINATION, THEN COMPANY WILL AUTOMATICALLY CHARGE THE PRICE DIFFERENCE. This measure is taken by the Company to avoid circumvention attempts by the Client.

5.7.6. If Client have purchased the subscription on Companies website, Client will not be able to control it through the Apple App Store or Google Play. Instead, Client may easily cancel the subscription by logging in to the Users Account on Companies website or contacting the support team by [email protected].

5.7.7. If Client have purchased the subscription through the Apple App Store or Google Play, client might cancel the subscription only through his Apple or Google Account. Client understands that deleting the app does not cancel the subscriptions.

5.8. From time to time the Company might offer the Special Deals which may contain additional terms and conditions applicable together with this Agreement.The Company may offer the trials of paid subscriptions for the limited time at a special price or without payment (“Trial”). The Company will automatically begin charging the Client for the subscription on the first day following the end of the Trial on recurring basis of the interval what Company discloses in the Special Deal, chosen by the Client. If Client doesn’t want to be charged, he must cancel the subscription before the end of the Trial.

6. Refund  Policy

6.1. The Company follows a no refund policy, unless the product is proven to be not as described or faulty. In such cases, Client must contact our customer support at [email protected] within 14 days upon purchase and provide detailed information proving Company’s product fault (with visual proof attached). 

6.1.1. Once a refund is issued, Client no longer has the access to Company’s product. 

6.1.2. All refunds are applied to the original method of payment. 

6.1.3. By purchasing Services, Client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment or legal actions.

6.1.4.  Once the refund form has been received and checked by our staff, a refund will be authorised by the same method that the payment was made. Please be advised that the refund may take up to 14 working days to reach your bank account. If the Client fails to meet the deadlines of our refund policy, we will be unable to offer a refund

6.2. Once the refund form has been received and checked by our staff, a refund will be authorised by the same method that the payment was made. Please be advised that the refund may take up to 14 working days to reach your bank account. If the Client fails to meet the deadlines of our refund policy, we will be unable to offer a refund.

6.3. The Company will not be responsible for the refund or reshipping the order to the other address if Client didn’t provide correct or full delivery or contact information (including delivery address, email address).

6.4. The Client agrees and confirms, that deleting an account on the Mobile app does not imply any right to refunds. Since such account deletion is irrevocable, the Client undertakes to contact the Company in case of any inquiries before deleting an account on the Mobile app.

7. Intellectual Property Rights

7.1. As between Company and Client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights and any other proprietary rights in or to related to the Services and Services-related content are owned by the Company.

7.2. The Client must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display or perform, or publish or otherwise make available the Services including but not limited to Digital content, in whole or in part without Company’s prior written consent.

7.3. The Client hereby grants to the Company a perpetual, irrevocable, worldwide, fully paid-up and royalty‑free, non-exclusive license, including the right to sublicense (through multiple tiers) and assign to third parties, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit in any way now known or in the future discovered, his/her User Content (except for User Trademarks) as well as all modified and derivative works thereof. To the extent permitted by applicable laws, the Client hereby waives any moral rights he/she may have in any User Content. “User Content” means any User Trademarks, communications, images, writings, creative works, sounds, and all the material, data, and information, that the Client uploads, transmits or submits through the Services, or that other users upload or transmit. By uploading, transmitting or submitting any User Content, the Client affirms, represents and warrants that such User Content and its uploading, transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third‑party rights, and that the Client has permission from any third party whose personal information or intellectual property is comprised or embodied in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code.

7.4. No part of this Agreement is or should be interpreted as a transfer of intellectual property rights in relation to the Services or Services-related content, except as expressly set forth in Section 8.1 below.

8. Use of Digital content

8.1. All intellectual property rights specified in Article 7.1 and relating to Digital content are owned by the Company. Digital content is licensed pursuant to this Section 8 and is not sold. The Client will only be granted a limited, revocable, non-exclusive, non-transferable and non-sublicensable license, subject to the terms and conditions of this Agreement, to use (solely for the Client’s individual use) any Digital content provided by Company to the Client.

8.2. The term of this license shall be for a term of 5 years from the date of the Client receiving the applicable Digital content, unless earlier suspended or terminated in accordance with this Agreement.

8.3. Unless expressly otherwise provided, the Client must not use any Digital content except for personal, non-commercial purposes.

8.4. The Client must not edit, reproduce, transmit or lend the Digital content or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the license provided in this Section 8 by the Company.

8.5. The Company may impose restrictions on the scope of the license or the number of devices or types of devices on which Digital content can be used.

8.6. If the Client violates this Section 8, the Company may suspend access to the relevant Digital content, without limiting any of Company’s rights or remedies under this Agreement or applicable law, including Company’s right to recover from the Client the loss suffered as a result of or in connection with the infringement including any expenses incurred.

9. Sale of Digital Content Prohibited

9.1. The Client is prohibited from selling, offering for sale, sharing, renting out or lending Digital content, or copies of Digital content.

10. Privacy Policy

10.1. The processing of Client’s personal data is governed by the Privacy Policy. It is recommended for the Client to print and keep a copy of the Privacy Policy together with this Agreement.

11. Indemnity

11.1. The Client will indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of Client’s breach of this Agreement or use of the Services, or Client’s violation of any law or the rights of a third party in conjunction with Client’s breach of this Agreement or use of the Services.

12. Liability

12.1. INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR THE CLIENT USE, AND HE/SHE SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE WEBSITE OR MOBILE APP, INCLUDING INFORMATION RECEIVED THROUGH CLIENT`S USE OF THE SERVICES, ARE HIS/HER SOLE RESPONSIBILITY.

12.2. THE CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (i) THE USE OR INABILITY TO USE SERVICES, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iii) THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH LINKED WEBSITES OR MOBILE APP, (iv) CLIENT`S RELIANCE ON ANY OF THE SERVICES; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF THE SERVICES OR ANY PORTION THEREOF, (vi) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY INFORMATION, OR (vii) ANY MATTER OTHERWISE RELATED TO THE CLIENT`S USE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO THE CLIENT RELATING TO HIS/HER USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).

12.3. A party to the Agreement shall be released from responsibility for non-fulfilment if it proves that this Agreement was not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war or natural events or due to other occurrences for which the Company is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure, which prevents the fulfilment of this Agreement, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by e-mail or on the Website or Mobile app if possible.

12.4. Liable company: Greatness UAB is  an administrator of the Website or Mobile App and provider of the Services and the Goods, responsible for the managing subscription services and payments for Services and Goods, refunds and chargebacks THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT LOSSES, UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.

12.5. Due to the nature of Services and/or Goods that the Company provides and as the Company cannot control the Client’s adherence to the provided use instructions, the Company provides no warranty as to any results or outcomes coming from using Services and/or Goods.

12.6. When using Services the Client may receive links to other websites or mobile apps that are not owned and/or controlled by the Company. These are provided 

“as is”. The Client acknowledges and agrees that the Company is not responsible for the operation of such links. Furthermore, the Company is not responsible or liable for any content, advertising, products or other materials that may be accessed through such links and therefore the Client agrees that the Company shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods, services available on or through any such websites or mobile apps.

13. Medical disclaimer

13.1. BEFORE TRYING MEAL PLAN BASED DIET AND/OR GOODS BY THE COMPANY, THE CLIENT SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER.

13.2. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NOTHING WITHIN THE SERVICES PROVIDED BY THE COMPANY IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS. THE CLIENT IS SOLELY RESPONSIBLE FOR EVALUATING AND ASSESSING HIS OWN HEALTH, INCLUDING ANY NEED TO SEEK APPROPRIATE GUIDANCE FROM A HEALTH CARE PROVIDER.

13.3. The Company encourage the Client to seek appropriate medical advice or assistance before using Company`s Services.

13.4. The Client should not disregard medical advice or delay visiting a medical professional because of something Client read on the Companies website or Mobile app, or on other Companies communication channels.

14. Validity and Termination

14.1. This Agreement is effective after the Client accepts and electronically expresses his/her consent to comply with them, and they shall remain in effect until terminated in accordance with the following section.

14.2. The Company may terminate the relationship with the Client at any time in the following cases: (1) the Client does not agree with the Agreement; (2) the Client commits any breach of the Agreement; (3) the Client does not provide information requested by the Company and/or provides incorrect and/or incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.

15. Changes to Agreement

15.1. This Agreement, Privacy Policy and any additional terms and conditions that may apply are subject to change. The Company reserves the right to modify and update the Agreement from time to time and such changes shall be effective immediately upon posting to the Company’s Website or Mobile App.

15.2. All amended Agreement, Privacy Policy and any additional terms and conditions will be posted online. The Company may give notice to the Client of any upcoming changes by sending an email to the primary email address provided by the Client, or notifying through the Website or Mobile app.

15.3. The Client understands and agrees that any continued use and access to the Services after any posted updates of the Agreement, means that Client voluntary agrees to be bound by this Agreement. If Client does not agree to be bound by the updated Agreement, he/she should not use (or continue to use) the Services.

16. Communication

16.1. In general, the Company prefers communication by e-mail. By accepting this Agreement, the Client accepts communication by e-mail. For this purpose, the Client is requested to have a valid e-mail address and provide it when filling required information as stipulated in Section 3.2. The Company may publish information related to this Agreement or Services on the Website or Mobile app as well. The Client should check his/her e-mail messages as well as information provided on the Website or the Mobile app regularly and frequently. E-mails may contain links to further information and documents. 

16.2. Where applicable laws require provision of information on a durable medium, the Company will either send the Client an email with an attachment or send the Client a notification referring to the Website with download function to retain such information and documents permanently for future reference. It is the Client’s responsibility requested to keep copies of all communications from the Company.

16.3. The Client may request a copy of this Agreement or any other contractual document by contacting [email protected].

16.4. The communication with the Client will be made in English, unless the Company and the Client agree to communicate in another language.

16.5. The Client may contact us at any time by sending a message to [email protected].

17. Dispute resolution

17.1. Governing Law. This Agreement is governed by the laws of Texas without regard to its principles of conflicts of law, and regardless of Client’s location.

17.2. Informal Dispute Resolution. Client agrees to participate in informal dispute resolution before filing a claim against the Company.

17.2.1. Any complaints in relation to the Company, subscriptions, refunds, chargebacks and the Services and/or Goods provided to the Client should be addressed to the Greatness UAB by contacting [email protected]

17.2.3. Client should clearly indicate that a complaint is being submitted and specify the grounds and circumstances concerning the complaint. The Company will send a complaint acknowledgement to the e-mail address from which the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days of the day of receipt of a relevant complaint. If a dispute is not resolved within 30 calendar days of the day of receipt of a relevant complaint, Client or Company may bring a formal claim

17.3. Arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between Client and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Client and Company agrees that Client and Company are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.

17.4. Client agrees that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and Client is agreeing to give up the ability to participate in a class action.

17.5. Client may opt out of this agreement to arbitrate by emailing [email protected] with Client’s first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that Client declines this arbitration agreement.

17.6. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Client or Company that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude Client from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

18. Miscellaneous

18.1. No person other than the Client shall have any rights under this Agreement.

18.2. Client may not assign any rights under this Agreement to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under this Agreement in full or in part to any third party.

18.3. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.

18.4. THE USE OF THE SERVICES IS SOLELY AT CLIENT`S OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CLIENT. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET CLIENT`S REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. CLIENT UNDERSTAND AND ACKNOWLEDGE THAT HIS/HER SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE TO USE THE SERVICES. CLIENT MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

18.5. BY USING OR ACCESING THE SERVICES, CLIENT HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

Terms of Beyond Body Challenge (“Terms”)

 

1. Eligibility

 

1.1. UAB “Greatness” (“Company” or “Beyond Body”) Beyond Body Challenge (“Challenge”) is open to natural persons who are at least 18 years old at time of entry and are new to (first time buyers, unless otherwise provided in these terms) Beyond Body subscription plans (“Participant(s)” or “you”). The Challenge is subject to all applicable federal, state and local laws and regulations and is void where prohibited.

 

2. Challenge Period

 

2.1. Challenge lasts for the first 28 days of your initial subscription term (the term starts on the first day of your subscription). After you complete the Challenge, you may receive a print version of your book if you fulfill the Challenge conditions (stipulated below). PLEASE NOTE THAT THE END OF THE CHALLENGE DOES NOT CONSTITUTE THE CANCELATION OF YOUR ACQUIRED SUBSCRIPTION (WHICH MIGHT BE OFFERED ON AUTORENEWAL BASIS, FOR MORE DETAIL PLEASE CHECK GENERAL TERMS AND CONDITIONS). 

3. How the Challenge works?

 

3.1. The Challenge is based on the following principles:

Subscription and payment. 

3.1.1. To enter the Challenge, you must buy Beyond Body subscription for the first time or at least 6 (six) months should have passed since end of your last subscription ended.

Participation conditions: 

3.1.2. You need to:

3.1.2.1. purchase an initial subscription plan; 

3.1.2.2. track your meals for 28 days in a row (at least 3 meals per day) in Beyond Body app.;

3.1.2.3. take 4 progress pictures during the Challenge period. The first picture shall be taken on the first days of the Challenge and last one after you complete the Challenge. The person in the picture must be you, it is not necessary to show your face in the picture, if we determine that the person in the pictures is not you or there are different persons in the picture or any other attempted frauds you will not be eligible for a prize and other offered benefits; 

3.1.2.4. Track and log your weight at least once a week.

3.1.3. Successful Completion and Reward. If you successfully complete the Challenge and send the proofs within 5 days after the completion, you are entitled for a reward

Receive print version of Beyond Body book;

3.1.4. Upon successful completion you must send to Beyond Body customer support ([email protected] please add a headline “Beyond Body Challenge”) following information: 

3.1.4.1. Your subscription order ID;

3.1.4.2. Email with which the subscription was bought;

3.1.4.3. 4 progress pictures (our customer support may clarify the form by which the pictures should be provided). 

3.1.5. If you will not send the requested information to our team within 5 days after the end of the Challenge period, you will not be entitled to receive a Reward. 

4. What happens if you fail the Challenge? 

4.1. If you have not successfully completed the Challenge, you shall not be entitled to a reward indicated in clause 3.1.3 of the Terms 

5. Data protection

5.1. Purpose of Collection: The photos you submit will be used solely for the purpose of tracking and documenting your progress in the weight loss challenge.

5.2. Compliance with GDPR and US Privacy Laws: We are committed to protecting your personal data and ensuring that your Photos are handled in compliance with the General Data Protection Regulation (GDPR) and applicable US privacy laws, including the California Consumer Privacy Act (CCPA) where applicable.

5.3. Retention Period: Your Photos will be retained for as long as necessary to fulfill the purposes outlined in this section, or as required by law. If you withdraw your consent, we will delete your Photos within 30 days of receiving your request.

6. Additional Details

6.1. Participants who cancel their subscriptions within the Challenge period shall not be eligible to further participate in the Challenge and receive rewards. 

6.2. In case there is any dispute regarding these terms application or eligibility for a reward Company shall have a right to make a final decision. 

7. Agreement 

 

7.1. Participant agrees to abide by and be bound by these Terms. Only Participants that fulfill the requirements in these Terms are eligible to participate and get a reward. Decisions of Company are final and binding in all matters related to these Terms.

7.2. Company may at is sole discretion to cancel or modify the challenge and or its Terms at any time. 

8. Release 

 

8.1. By receipt of any reward, each Participant agrees to release and hold harmless the Company, and its respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of Participant’s participation in the Challenge. 

9. Medical Disclaimer

9.1. BEFORE TRYING SUBSCRIPTION AND ENTERING INTO A CHALLENGE, PARTICIPANT SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER. PARTICIPANT SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER BEFORE ENTERING THE CHALLENGE, IF THE PARTICIPANT HAS ANY HEART OR OTHER MEDICAL CONDITIONS. IN THE EVENT OF ANY MEDICAL EMERGENCIES, THE PARTICIPANT MUST IMMEDIATELY STOP USING THE SERVICES AND CONSULT WITH A MEDICAL PROFESSIONAL. THE COMPANY IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM USING ITS SERVICES (IF EXCLUSION OF LIABILITY IS NOT ALLOWED BY APPLICABLE LAWS IN CERTAIN CASES, COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAWS). IF THE PARTICIPANT DECIDES TO ENTER INTO A CHALLENGE AND USE COMPANY’S SERVICES, THE PARTICIPANT AGREES TO DO SO VOLUNTARILY AND AT HIS/HER OWN RISK.

10. Limitations of Liability

10.1. Participants expressly understand and agree that the Released Parties shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Participant has been advised of the possibility of such damages), resulting from participation in the Challenge. 

10.2. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Challenge; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Challenge; (4) technical or human error which may occur in the administration of the Challenge or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail or email; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Challenge.

 

11. Product Terms and Conditions and Privacy Policy 

11.1. By participating in the Challenge, Participants are using Company's product and provide personal information to Company. These activities are subject to Company’s Terms and Conditions and Privacy Policy. For the avoidance of doubt the Challenge Terms only supplements Company’s General Terms and Conditions, these terms only clarify the Challenge rules, these Challenge Terms shall not be considered as substitution of the Company’s General Terms and Conditions.