Terms

AGREEMENT TO OUR LEGAL TERMS

We are Uzayr Wani, trading as Bodyfold ("we," "us," "our").

We operate the website https://bodyfold.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Bodyfold is a stretching app for desk workers. You answer a short questionnaire, get a personalised stretching routine, and follow along.

You can contact us by email at support@bodyfold.com.

These Legal Terms are a legally binding agreement between you and Uzayr Wani, trading as Bodyfold, about your access to and use of the Services. By subscribing to or using the Services, you agree to these Legal Terms. If you do not agree, please do not use the Services.

Our Privacy Policy (https://bodyfold.com/privacy) and Health Disclaimer (https://bodyfold.com/disclaimer) also apply to your use of the Services.

Changes to these Legal Terms. We may update these Legal Terms from time to time, for example to reflect changes in the law or in the Services. If a change materially affects subscribers, we will email you before it takes effect. If you do not agree to the change, you can cancel your subscription before it takes effect. Minor changes (such as fixing typos) take effect when posted.

Age. The Services are only for adults aged 18 or over. By using the Services, you confirm that you are at least 18.

We recommend that you save or print a copy of these Legal Terms for your records.

Your statutory rights. If you are a consumer, nothing in these Legal Terms affects your legal rights, including your rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

1. OUR SERVICES

The Services provide personalised stretching routines made up of guided stretches with video and audio. Routines are generated from the answers you give in our questionnaire.

The Services are not intended for distribution to or use by any person in any country where that would be contrary to law. If you access the Services from outside the United Kingdom, you are responsible for complying with your local laws.

2. HEALTH AND SAFETY

The Services provide general fitness and wellbeing information. They are not medical advice and are not a substitute for advice from a doctor, physiotherapist or other qualified professional. Your routine is based on your answers and is not a medical assessment. Please read our Health Disclaimer (https://bodyfold.com/disclaimer) before you start. Stop any stretch that causes pain, and seek professional advice if you have any doubts about whether stretching is suitable for you.

3. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained in them (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and other intellectual property rights and unfair competition laws) and treaties in the United Kingdom and around the world.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and use the Content solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. To request permission, email support@bodyfold.com.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

4. USER REPRESENTATIONS

By using the Services, you confirm that: (1) the information you give us, including your questionnaire answers, is true and accurate; (2) you are at least 18 years old; (3) you will not access the Services through automated or non-human means, such as a bot or script; (4) you will not use the Services for any illegal or unauthorised purpose; and (5) your use of the Services will not break any applicable law or regulation.

5. YOUR ACCOUNT

You sign in to Bodyfold using secure sign-in links sent to your email address. There is no password. You are responsible for keeping access to your email account secure, and for activity on your Bodyfold account. Please tell us straight away at support@bodyfold.com if you think someone else has accessed your account.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Apple Pay
• Google Pay

Payments are processed by Stripe. All prices are in US dollars and include any taxes we are required to charge. Your bank or card provider may charge a currency conversion fee, which we do not control.

You agree to provide current, complete, and accurate payment information, and to keep it up to date, so that we can complete your payments.

If we make an obvious pricing error, we will contact you before your subscription starts, and you can choose whether to go ahead at the correct price. If you have already paid, we will refund you if you do not want to go ahead.

We may refuse a purchase, for example where we suspect fraud. If we do, we will not charge you.

7. SUBSCRIPTIONS, CANCELLATION AND REFUNDS

Plans

Bodyfold is available as a monthly subscription ($9.99 per month) or an annual subscription ($79.99 per year). There is no free trial. The price and billing period are shown before you pay.

Billing and renewal

Your subscription starts when your payment is confirmed and renews automatically at the end of each billing period, at the same price unless we have told you about a change in advance. You authorise us (through Stripe) to charge your payment method at the start of each billing period until you cancel.

Cancelling

You can cancel at any time by signing in to your account and opening "Manage subscription", or by emailing support@bodyfold.com. Cancelling stops future renewals. You keep access until the end of the period you have already paid for, and you will not be charged again.

Your 14-day right to cancel

If you are a consumer, you have a legal right to cancel within 14 days of subscribing. At checkout, you ask us to give you access straight away, and you acknowledge that if you cancel within the 14 days you will pay for the access you have already used. If you cancel within 14 days of subscribing, we will refund your payment minus a proportionate amount for the days before you told us you wanted to cancel. To cancel under this right, email support@bodyfold.com or use "Manage subscription". We will refund you within 14 days of you telling us, to your original payment method.

After 14 days, we do not give refunds for the current billing period, except where the law requires it (for example, if the Services are faulty or not as described).

Delete my data

If you use "Delete my data" in your account while you have an active subscription, your subscription is cancelled immediately and your access ends straight away, because we can no longer provide your personalised routine without your data. We do not refund the rest of the billing period in this case, except where you are still within the 14-day cancellation period described above or the law otherwise requires a refund.

Price changes

We may change subscription prices from time to time. We will email you at least 30 days before a new price applies to you. The new price will apply from your next renewal after that notice. If you do not want to pay the new price, you can cancel before it takes effect.

Questions

If you have any questions or are unhappy with the Services, please email us at support@bodyfold.com.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, database, or directory without our written permission.
• Trick, defraud, or mislead us or other users, including any attempt to obtain someone else's sign-in links or account information.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the copying of Content or enforce limits on the use of the Services.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with the operation of the Services.
• Engage in any automated use of the Services, such as using scripts, bots, scrapers, data mining, or similar data gathering and extraction tools, except as a result of standard search engine or browser use.
• Delete the copyright or other proprietary rights notice from any Content.
• Impersonate another person.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to them.
• Harass, abuse, or threaten anyone involved in providing the Services.
• Attempt to bypass any measures designed to prevent or restrict access to the Services, or any part of them, including the paywall.
• Copy or adapt the Services' software, or, except as permitted by law, decompile, disassemble, or reverse engineer it.
• Create accounts by automated means or under false pretences.
• Use the Services or the Content for any revenue-generating endeavour or commercial enterprise, or to compete with us.
• Sell or otherwise transfer your account.
• Share your account, sign-in links or subscription access with other people, or resell access to the Services.
• Copy, record, download or redistribute our stretch videos, routines, audio or other content, other than for your own personal use.

9. FEEDBACK

Users cannot post content on the Services. If you send us questions, comments, suggestions, ideas or feedback about the Services ("Feedback"), you agree that we may use and share that Feedback for any lawful purpose without paying you or crediting you. Please do not send us confidential information.

10. PRIVACY POLICY

We care about data privacy and security. Please read our Privacy Policy: https://bodyfold.com/privacy. It explains what personal information we collect, how we use it, where it is processed, and your rights.

11. TERM AND TERMINATION

These Legal Terms remain in force while you use the Services.

We may suspend or end your access to the Services if you seriously or repeatedly break these Legal Terms (for example, by sharing your account, attempting to bypass the paywall, or copying our Content), or if we reasonably suspect fraud. Where reasonable, we will tell you first and give you a chance to fix the problem. If we end your access for one of these reasons, we will not refund the rest of your billing period, except where the law requires it.

We may also stop providing the Services altogether. If we do, we will give you reasonable notice by email where we can, and refund any amount you have paid for the period after the Services stop.

If we end your account because you broke these Legal Terms, you may not create a new account without our permission.

12. MODIFICATIONS AND INTERRUPTIONS

We may change, update or improve the Services and their content from time to time, for example to add or replace stretches. If we make a change that significantly reduces what you get under your subscription, we will tell you, and you can cancel and receive a refund for the rest of the period you have paid for.

We cannot guarantee that the Services will be available at all times. We may experience technical problems or need to carry out maintenance, which can cause interruptions, delays or errors. We will try to keep these to a minimum and fix problems promptly. If the Services are unavailable for an extended period because of a problem on our side, please contact us and we will consider a refund or credit where appropriate.

13. GOVERNING LAW AND DISPUTES

These Legal Terms are governed by the law of England and Wales. You and we both agree that the courts of England and Wales have non-exclusive jurisdiction. If you live in Scotland or Northern Ireland, you can also bring proceedings in your local courts. If you live in the EU, you also keep the protection of the mandatory consumer laws of your country of residence and can bring proceedings in your local courts.

If you have a problem with the Services, please contact us first at support@bodyfold.com. We will try to resolve it quickly and fairly.

14. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We may correct any errors and update the information on the Services at any time.

15. DISCLAIMER

We provide the Services with reasonable care and skill. Apart from that, and from your statutory rights, the Services are provided "as is" and "as available". We do not promise that the Services will meet a particular goal (such as reducing pain or improving flexibility by a specific amount), that they will be uninterrupted or error-free, or that the content is complete. We are not responsible for third-party websites or services linked from the Services.

16. LIMITATIONS OF LIABILITY

Nothing in these Legal Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or anything else that cannot be excluded or limited by law, including your rights under the Consumer Rights Act 2015.

Subject to that:

• We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Legal Terms or failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time you subscribed, both you and we knew it might happen.
• We are not responsible for loss or damage that is not foreseeable.
• We only provide the Services for domestic and private use. We are not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• Our total liability to you for all other losses is limited to the amount you paid us in the 12 months before the event giving rise to the claim.

17. INDEMNIFICATION

If you use the Services for business purposes, you agree to compensate us for any losses, costs or claims made by third parties that arise from your breach of these Legal Terms or your infringement of anyone else's rights. If you are a consumer, this section does not apply to you, but you remain responsible for losses you cause by breaking these Legal Terms where the law allows.

18. USER DATA

We keep data you provide to the Services to run and improve them, as set out in our Privacy Policy. We take regular backups and use reasonable care to protect your data. Our responsibility for any loss or corruption of your data is set out in section 16.

19. ELECTRONIC COMMUNICATIONS

Visiting the Services, sending us emails, and completing online forms are electronic communications. You agree to receive communications from us electronically, by email and on the Services, and that agreements, notices and other communications we provide electronically satisfy any legal requirement that they be in writing.

20. CALIFORNIA USERS AND RESIDENTS

If a complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

21. MISCELLANEOUS

These Legal Terms, together with our Privacy Policy and Health Disclaimer, are the entire agreement between you and us about the Services. If we do not enforce any right or provision straight away, that does not mean we give it up. We are not responsible for delays or failures caused by events outside our reasonable control. We may transfer our rights and obligations under these Legal Terms to another organisation, and we will tell you if this happens; it will not reduce your rights. You may not transfer your rights under these Legal Terms to anyone else. If any provision is found to be unlawful or unenforceable, the rest of these Legal Terms remain in force. Nothing in these Legal Terms creates a partnership, employment or agency relationship between you and us. No one other than you and us has any right to enforce these Legal Terms.

22. CONTACT US

To resolve a complaint about the Services or for more information about using them, please contact us at:

Uzayr Wani, trading as Bodyfold United Kingdom support@bodyfold.com