Acceptance of the Terms of Service

These terms of service are entered into by and between you and BuddyPT.com (Powered by Vcinch Technologies, Pvt Ltd. (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of Buddypt.com (the “Website, web app and mobile app “) including any content, functionality, and services offered on or through the Website, whether as a client or trainer.

Please read the Terms of Service carefully before you start to use the Website/Application. By using the Website/Application or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service, and our Privacy Policy, all of which are incorporated herein by reference. If you do not agree to these Terms of Service, and/or the Privacy Policy, you must not access or use the Website/Application.

This Website is offered and available to users of any age. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company

Changes to the Terms of Service

We reserve the right to revise and update these Terms of Service at our discretion. Any changes become effective immediately upon posting and apply to all subsequent access and use of the Website/Application.

By continuing to use the Website/Application after revised Terms of Service are posted, you signify your acceptance and agreement to these changes. It’s recommended to review this page regularly when accessing the Website/Application to stay informed of any updates, as they are binding upon you.

In addition to changes in the Terms of Service, we may also modify, suspend, or discontinue any aspect of the Website/Application at any time, including the availability of any features or content. We may also impose limits on certain features or restrict access to parts or all of the Website/Application without notice or liability.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website/application, or the entire website/application, to users, including registered users.

You are responsible for both:

• Make all arrangements necessary for you to have access to the Website/application.
• Ensuring that all persons who access the Website/application through your internet connection are aware of these Terms of Service and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information under our Privacy Policy.

If you choose, or are provided with, a user name, OTP, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person access to this Website or any part of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Terms of Sale Trainers

The service that we offer to trainers (the “Trainer Service”) is a website and mobile platform that allows you to build, deliver and monitor training programs for your clients on a monthly subscription model.

Each account is organized as a licensed workspace (“Workspace”) for billing purposes, with the number of seats for trainers and clients determined by the subscription package chosen. There is one owner for each Workspace (which starts out as the first user of the Workspace). The owner may invite any number of other users to join as trainers in the Workspace depending upon availability of trainer seats. Each of these users will have account-level permissions as determined by the owner. In order to free up trainer or client seats, existing trainers or clients can simply be deactivated.

Each account has a set limit of client and trainer seats based on the package the account holder has chosen for that subscription tier. Please note that pricing and features are subject to future changes in our discretion, and that software updates may also impact future services offered.

Fees and Payments

When Trainers use the Services, we need personal information about them in order to bill them for subscription fees and any other applicable payment service fees.

We are typically only serving as a processor with respect to any Trainers who access the Platform through the gym or studio where they are employed; the gym or studio owner will be the controller and ultimately accountable for how their staff’s personal information is utilized.

However, in order to protect our legal rights, we could be compelled to act as the controller for the following types of Trainer personal data processing. Basic information about yourself, such as your name, date of birth, gender, and email address. Identifying information about your company, such as its size and nature. Our payment provider collects and processes payment information.

Fees and Payments

A trainer can subscribe to BuddyPT services based on a monthly payment schedule or an annual payment schedule.

Monthly payments: The fee is based on the subscription package chosen, payment is collected based on the set cycle either monthly/Yearly. After payment, the account will have access to services included in the package for the entire month/Year until the next billing period begins.

Renewal of services: We do offer subscriptions and auto renewal by saving you card information in a secure stripe environment, for now we are not providing other payment methods such as UPI, netbanking, Wallets for every monthly and annual payment cycles.

Refunds: No refunds will be granted

Free Trial Plans: You acknowledge and agree that we may, from time to time in our sole discretion, offer trial usage plans, and that: (i) you shall comply with any and all additional terms, restrictions and/or limitations imposed by us on any such plan; and (ii) we may at any time and for any reason, without liability to you or any other person alter, amend, modify or cancel any aspect of such plan, including without limitation, the term, access rights, fees, nature, scope, features, functionality, operation and content associated therewith.

Account usage: Your access to your Workspace and to our proprietary services are through a license, which is limited, revocable, personal, non-transferable, non-assignable, non-sublicensable and non-exclusive. Such license is defined by all of the conditions of these Terms of Service.

Other: You will invite your client(s) to connect with you on the Service, and your client(s) will then download the client mobile app to use the Service. You hereby acknowledge and agree that you are responsible for identifying and bringing such client(s) onto the Service and accept and assume all responsibility and liability whatsoever for all interactions with your client(s). In particular, but without limitation, you are responsible for making all payment arrangements with your client(s).

Payment Processing

Trainers within the BuddyPT ecosystem shoulder a range of critical payment-related responsibilities, emphasizing their autonomy and control over their business operations. This encompasses the creation and management of products offered through the platform, including specifying the features, descriptions, and pricing structures for their services. Trainers have the prerogative to set distinct pricing plans tailored to their offerings, providing flexibility in aligning with their unique business strategies and customer needs.

Additionally, trainers are entrusted with handling refund processes for any transactions conducted through the app. They have the authority and obligation to initiate and oversee refund requests in accordance with their individual policies and business practices. Moreover, the management of subscriptions falls under the purview of trainers, allowing them to create, modify, or terminate subscription plans for their clients. This involves the administration of subscription durations, benefits, and billing cycles, empowering trainers to curate personalized subscription experiences for their clientele.

Furthermore, trainers are responsible for the ongoing maintenance and upkeep of their subscription services, ensuring the seamless delivery and quality of offerings to subscribers. This involves actively managing subscription renewals, providing timely updates or modifications to subscription plans, and addressing any subscription-related queries or issues raised by their clients. By entrusting trainers with these pivotal payment-related functions, BuddyPT fosters a dynamic and empowered environment, enabling trainers to craft and manage their businesses effectively within our platform.”

Payment of Fees to BuddyPT by Trainers

You acknowledge and agree that:
Until the service is properly terminated by you or us in accordance with your agreement with us, you shall timely pay us all fees, costs and expenses which you have agreed to pay (“fees”).

The fees shall be paid by credit card or in another form of immediately available funds acceptable to us, acting reasonably, and if you provide your credit card details through the services or otherwise, you agree to us and our payment processing provider charging the fees to your credit card without requiring any further notice to, or consent from, you, and you furthermore represent and warrant that such fee payments shall be made when due.

If you fail to pay Fees when due, we shall be entitled to stop you and your clients from accessing any of our services. You shall be responsible for any and all currency conversion charges as well as sales, GST, service, value-added, use, excise, consumption and any other taxes, duties and charges of any kind, if any, imposed by any federal, provincial or local governmental entity on any Fees other than any taxes imposed on, or with respect to, our income.

Notwithstanding any other term of the terms of service, we shall be entitled to amend the fee schedule from time to time, by giving you thirty (30) days written notice of such amendment, which notice shall amend the fee schedule accordingly, and shall be binding on you, as of your next monthly or annual billing cycle, as applicable (the “amended fee schedule”).

If you agree to the terms of service as amended from time to time but do not agree to a specific amended fee schedule, you and all trainers and clients who have been authorized to access and use the services procured by you cannot use the services after the end of your current monthly or annual billing cycle, as applicable, and the terms of service must be terminated by you in accordance with these terms of service on or before the last day of your current monthly or annual billing cycle, as applicable.

You acknowledge and agree that we may, from time to time in our sole discretion, offer Trial Usage Plans, and that: (i) you shall comply with any and all additional terms, restrictions and/or limitations imposed by us on any such Trial Usage Plan; and (ii) we may at any time and for any reason, without liability to you or any other person alter, amend, modify or cancel any aspect of such Trial Usage Plans, including without limitation, the term, access rights, Fees, nature, scope, features, functionality, operation and content associated therewith.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

User, trainer and partner supplied content, and associated IPR are owned by them. Vcinch does not own or have IPR rights/liability to any such user, trainer and partner supplied content.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. Your access to the services provided on the Website (and if applicable the mobile application) is subject to your compliance with all of the terms and conditions set forth herein and incorporated herein by reference. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
• If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@buddypt.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

In any way that violates our Privacy Policy.

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards in these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website contains message boards, chat rooms, forums, bulletin boards, videos, and a variety of other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Other than personally identifiable information which is protected by our Privacy Policy or intellectual property owned by trainers, any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Notwithstanding anything to the contrary, you grant us permission to use your otherwise personally identifiable information in de-identified form.

Branding and Customization Feature Terms and Conditions

The branding and customization feature within the BuddyPT app empowers trainers to personalize their user interface and communications with their clients. By utilizing this feature, trainers gain the ability to apply their brand identity, including colors, logos, and selected images, to the emails sent to their customers. Additionally, clients logging into the platform will experience the personalized branding chosen by their respective trainers, fostering a sense of familiarity and consistency within the user interface.

Email Customization:

Trainers can customize the appearance of emails sent through the BuddyPT app to reflect their brand identity. This includes incorporating their chosen colors, logos, and images within the email templates.

User Interface Customization:

Upon login, clients will encounter a user interface personalized with the colors, logos, and images selected by their respective trainers. This customization is visible within the app’s interface during client sessions.

Limitations and Guidelines:

Scope Limitation:

The branding feature is restricted to the customization of emails and the user interface as described above. Any additional customization requirements or changes beyond the provided features necessitate prior approval through whitelisting.

Compliance with Policies:

Trainers utilizing the branding feature must ensure that the customization aligns with BuddyPT’s platform policies and does not infringe upon any legal or intellectual property rights.

Whitelisting Process and Associated Terms

Integration and BuddyPT Branding:

The BuddyPT app inherently operates with the foundational framework of BuddyPT. This integration ensures that all functionalities, including branding and customization features, remain supported by and integrated within the BuddyPT ecosystem. The association with BuddyPT is maintained to ensure operational efficiency, security, and reliability of the platform.

Whitelisting and Customization:

Trainers seeking advanced or specialized customization beyond the established branding features must follow the whitelisting process. Requests for such modifications are subject to review, approval, and integration into the platform by BuddyPT’s technical team.

Assessment and Approval:

Upon receiving a request for additional customization, BuddyPT conducts a comprehensive assessment. This evaluation includes factors such as technical feasibility, alignment with platform guidelines, and compatibility with the app’s infrastructure.

Cost Implications:

Please note that depending on the complexity and level of changes requested, additional charges may apply. The pricing structure for customization beyond the standard features will be determined based on the extent and depth of the modifications sought by the client. Clients will be duly informed of any applicable charges before the commencement of customization work.

Implementation and Support:

Once a customization request is approved and the associated charges are agreed upon, the customization process will be initiated. BuddyPT’s technical team will oversee the implementation of the approved changes and provide necessary support throughout the integration process.

Continued Integration with BuddyPT:

All customizations whitelisted and implemented within the app will continue to function within the BuddyPT environment. This ensures the continued compatibility, reliability, and support from the BuddyPT platform.

Agreement Acknowledgment:

By initiating a whitelisting request and seeking advanced customization, clients acknowledge and agree to the aforementioned terms, including the association with BuddyPT, the possibility of additional charges based on the level of changes requested, and continued compliance with platform policies.

Termination

We reserve the right to:

• Remove or decline to publish any User Contributions at our discretion, for any reason or without providing a reason.
• Take appropriate actions on any User Contribution that we consider necessary or suitable in our sole discretion. This includes cases where the User Contribution violates our Terms of Service, such as the Content Standards, infringes on intellectual property or other rights, poses a threat to user safety or the public, or could result in liability for the Company.
• Disclose your information to any third party asserting that your posted material violates their rights or privacy.
• Take legal action, including involving law enforcement, against any illegal or unauthorized use of the Website.
• Suspend or terminate your access to the Website, entirely or partially, for any reason or without specifying a reason, including due to a violation of these Terms of Service.
• We may fully cooperate with law enforcement or comply with court orders to disclose the identity or information of any user posting materials on the Website.
• You waive any claims against the Company, its affiliates, licensees, or service providers resulting from actions taken by these parties during or as a consequence of investigations by such parties or law enforcement.
• However, we cannot preview content before it’s posted, and we might not promptly remove objectionable material after it’s been posted. Therefore, we assume no liability for actions or inaction regarding user or third-party content. We bear no liability or responsibility to anyone for executing or not executing the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The Website’s information is meant for general purposes only. We cannot guarantee the accuracy, completeness, or usefulness of this information. Your reliance on such material is at your own risk. We deny any responsibility or liability arising from anyone’s reliance on the Website’s content.

Content on the Website might come from third parties like users, bloggers, or third-party licensors. Any opinions expressed by these parties, except for the Company’s content, are solely their responsibility. These materials may not represent the Company’s views. We are not accountable for the accuracy or content of these third-party materials and disclaim any responsibility to you or any third party regarding such content.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions we take with respect to your information under our Privacy Policy.

Online Purchases and Other Terms and Conditions

 

All purchases through our site or other transactions for the sale of services through the Website, or resulting from visits made by you, are governed by these Terms of Service.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

Linking Website to Social Media

You’re welcome to link to our homepage, ensuring it’s fair, legal, and doesn’t harm our reputation or imply any endorsement from us. Our site may offer social media tools for linking to specific content or sharing via emails. However, these features must adhere to any additional terms we outline.

Please refrain from:

• Linking from a non-owned website.
• Displaying our site through framing, deep linking, or in-line linking elsewhere.
• Directing the link to any part of our site aside from the homepage.
• Actions conflicting with our Terms of Service concerning our site’s materials. Your linked site must align with our Content Standards. You agree to stop any unauthorized framing or linking, and we hold the right to revoke linking permission or disable features at our discretion without prior notice.
• The Website may feature links to third-party sites and resources for your convenience, including those within advertisements like banner ads and sponsored links. However, we do not control the content of these sites or resources and bear no responsibility for any resulting loss or damage from your usage of them. Accessing any linked third-party websites from this Website is entirely at your own risk and governed by those sites’ terms and conditions of use.

Geographic Restrictions

The Website’s owner is based in India. We do not assert that the Website or its content is accessible or suitable outside of the United States. Access to the Website might not be permissible for specific individuals or in certain countries. If you choose to access the Website from a location outside India, you do so voluntarily and assume responsibility for adhering to local laws. This includes, but is not limited to, laws governing data protection and personal information.

Furthermore, by accessing the Website from another country, you acknowledge that your information may be transferred to, stored in, and processed in India or other locations where the Website’s service providers or servers are situated. Such information may be subject to the laws of these jurisdictions, which could differ from your local laws regarding data protection and privacy. You agree that the Website and its services are subject to the laws of India and the jurisdictions where its service providers operate.

Disclaimer of Warranties

Please be aware that we cannot guarantee or warrant that files available for download from the internet or the Website will be free of viruses or destructive code. It is your responsibility to implement adequate procedures for anti-virus protection and ensure the accuracy of data input and output. You should also maintain external means for reconstructing any lost data.

We hold no liability for any loss or damage resulting from distributed denial-of-service attacks, viruses, or other technologically harmful materials that could infect your computer equipment, programs, data, or proprietary material due to your use of the Website, its services, or any items obtained through the Website, including downloaded materials.

Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. They are provided on an “as is” and “as available” basis, without any warranties, express or implied. The Company and its associates do not warrant the completeness, timeliness, usefulness, adequacy, suitability, security, reliability, quality, accuracy, or availability of the Website or any services obtained through it. Additionally, we do not guarantee that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, uninterrupted, or that defects will be corrected. We cannot ensure that our site or the server making it available are free from viruses or harmful components, or that they will meet your needs or expectations.

To the fullest extent permitted by law, the Company disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Business-Specific Disclaimers

BuddyPT does not engage in the practice of medicine or dispense medicine. The contents contained on the Website are provided solely for informational purposes.

No information obtained from this Website is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied upon to suggest a course of treatment for a particular individual or for any purpose whatsoever. The information obtained from this Website should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider.

Information obtained from the Website is not exhaustive and does not cover diseases, ailments, physical conditions or their treatment. If you have any healthcare-related questions, including without limitation with respect to pre-existing conditions or injuries you may sustain during your training, we strongly encourage you to call or see your physician or other qualified health care provider promptly. We also strongly recommend that you consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it, including because of something you have read on this Website.

BuddyPT does not directly or indirectly practice medicine or dispense medical services, and is not (nor is it intended to be) a substitute for the services of a physician, a health provider, or any trained health professional. We do not provide, nor do we allow anyone connected with us to provide, medical advice of any kind. These concerns should be addressed and discussed with your physician, health care provider, family nutritionist or your registered dietitian.

You expressly acknowledge and agree that Vcinch is not and has not engaged in the practice of medicine and that all decisions made have been and will be the exclusive responsibility of you and your physician. We expressly disclaim any responsibility or liability for any adverse consequences or damages whatsoever resulting from your reliance on this Website or your trainer, or any information you may receive from the mobile app or any links, social media or otherwise.

Disclaimer of Third Party Information

Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect the views of their authors and not BuddyPT. Forum managers, forum hosts, content providers, Information Providers or merchants appearing on the Website are not authorized BuddyPT spokespersons, and their views do not necessarily reflect those of BuddyPT. BuddyPT disclaims all responsibility and liability whatsoever in connection therewith.

Licenses and Idea Submissions

You agree to grant to Vcinch a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of Vcinch (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Vcinch for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of service or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

The Terms of Service, our Privacy Policy, our Copyright Policy, and any other Company written policies constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.