Terms of Service

PLEASE READ THESE TERMS CAREFULLY. BY ACCEPTING THE TERMS OF SERVICE, YOU ALSO ACCEPT THE ADAPTA DISCLAIMER.

Effective date: September 11, 2024

Nua Coach (https://www.nua.coach) is an AI-powered personal trainer designed to create and adapt hyper-personal workouts and result-oriented exercise programs.

These Terms of Services (“Terms”) apply to your access and use of our websites (https://www.nua.coach) and our training engine NUA Coach accessible from Telegram and WhatsApp (the “App”, and collectively with the websites – the “Services”) provided by Adapta Fit S.L. (“Company” or “we”).

For questions about the Terms or our Services, please contact us at support@nua.coach. Please read these Terms carefully. By accessing or using our Services, you acknowledge that you accept and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 17, DO NOT ACCESS OR USE OUR SERVICES.

1. Registration and Eligibility

You must be at least 16 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement. If you are under 18, you represent that your legal guardian has reviewed and agrees to these Terms.

To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

2. Important Disclaimers

a. General Disclaimer

The results of exercise and health programs vary from person to person. Engaging in any exercise or fitness program involves the risk of injury. NUA Coach and its licensors, suppliers, and each of their officers, directors, employees, or agents advise users to consult with their physician before beginning any exercise program. By using our Services, you agree that you do so at your own risk and are voluntarily participating in these activities. You should not participate in any exercise activities if your physician or health care provider has advised against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising, you should stop immediately.

b. Exercise Disclaimer

You understand that when participating in any exercise or training program provided by or through the Services, there is a possibility of physical injury. If you engage in this exercise or training program, you agree that you do so at your own risk, are voluntarily participating in these activities, and assume all risk of injury to yourself.

In particular, by using the Services you acknowledge and agree that:

There is a risk of injury associated with any exercise program
Exercise may aggravate pre-existing health conditions or result in adverse effects
You should consult with your healthcare provider before beginning any new exercise program, particularly if you have any pre-existing health conditions, injuries, or concerns

c. Information Disclaimer

The information provided through our Services is intended for educational and informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You expressly agree to release NUA Coach (and its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers) from any and all liability connected with your use of the Services, including, without limitation, any liability arising from any condition or injury that may result from following any exercise or training plan, recommendation, or advice provided through the Services.

d. Medical Disclaimer

By using the Services, you affirm that the following statements are true:

No physician has informed you that you have a heart condition or that you should only do physical activity recommended by a physician
You have never felt chest pain when engaging in physical activity
You have not experienced chest pain when not engaging in physical activity within the past month
You have never lost your balance because of dizziness or have never lost consciousness
You do not have a bone or joint problem that could be made worse by a change in your physical activity
Your physician is not currently prescribing drugs for your blood pressure or heart condition
You do not know of any other reason why you should not exercise

If any of the above statements are not true, you should consult with your physician before using our Services.

e. Nutrition Disclaimer

Any energy estimation (calories), macronutrient goals, hydration guidelines, or other nutrition-related information provided through the Services are general estimates only and may not be accurate for your individual needs. Nutritional information is provided for educational purposes and is not intended to replace professional dietary advice. You should consult with a qualified healthcare professional or registered dietitian before making any changes to your diet, especially if you have any pre-existing health conditions, food allergies, or specific dietary needs.

3. Your Use of our Services

We care about the privacy of our users. Our Privacy Policy explains how we collect, use, and share your personal information. By using the Services, you also agree to the terms of our Privacy Policy.

What you can and cannot do. You agree that you will not:

Resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services
Use the Services in any manner that is harassing, abusive, threatening, harmful, vulgar, or otherwise objectionable
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services
Reverse engineer, decompile, or disassemble any portion of the Services
Copy, adapt, modify, or create derivative works based on the Services or any part thereof
Circumvent, disable, or otherwise interfere with security-related features of the Services
Attempt to circumvent any content-filtering techniques we employ
Develop or use any third-party applications that interact with the Services without our prior written consent
Use the Services to compile data in a manner that is used or usable by a competitive product or service
Use the Services for any illegal, unauthorized, or otherwise improper purposes
Use the Services to diagnose or treat any medical condition, or as a replacement for professional medical advice

Our use of your content. By submitting, posting, or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed, in connection with the Services. This license includes the right to make your content available to other companies, organizations, or individuals for the syndication, broadcast, distribution, or publication of such content on other media and services.

4. License

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Services for your personal, non-commercial use only. This license does not include any right to: (a) sell, resell, or commercially use the Services; (b) copy, reproduce, distribute, publicly perform, or publicly display the Services, except as expressly permitted by us; (c) modify the Services or make derivative works based upon the Services; (d) reverse engineer or access the Services in order to build a competitive product or service; or (e) use the Services other than as expressly permitted in these Terms.

All rights, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other laws of both Spain and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. If you have any questions about using our materials, please contact us at support@nua.coach.

5. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, or demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services in a manner that violates or is alleged to violate these Terms or any applicable law or regulation, or infringes or is alleged to infringe any intellectual property or other right of any person or entity.

6. Use at Your Own Risk

Our Services and all content and materials provided through them are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, in connection with the Services and your use thereof.

7. Warranty Disclaimer

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

That the Services will be secure or available at any particular time or location
That any defects or errors will be corrected
That the Services will be free of viruses or other harmful components
That the results of using the Services will meet your requirements
The accuracy, reliability, or completeness of any content provided through the Services

CONVERSATIONS WITH THE AI ASSISTANT ARE GENERATED BY ARTIFICIAL INTELLIGENCE AND MAY NOT ALWAYS BE ACCURATE, COMPLETE, OR UP TO DATE. THE AI ASSISTANT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, AND YOU SHOULD NOT RELY SOLELY ON ITS RESPONSES FOR MAKING DECISIONS ABOUT YOUR HEALTH, FITNESS, NUTRITION, OR ANY OTHER MATTER.

Your use of the Services is solely at your own risk. No advice or information, whether oral or written, obtained by you from us or through the Services, will create any warranty not expressly stated in these Terms.

8. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID THE COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL NOT APPLY TO:

(a) Death or personal injury caused by negligence
(b) Fraud or fraudulent misrepresentation
(c) Any liability that cannot be excluded or limited under applicable law
(d) Any other liability that cannot be excluded or limited under applicable law

9. Third-Party Services and Links

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree 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 of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

We use Stripe for payment processing. By using our paid Services, you agree to Stripe's terms of service and privacy policy. For more information about how Stripe handles your data, please visit https://stripe.com/privacy.

10. Your Feedback

We appreciate feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). By submitting Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose, without any compensation or acknowledgment to you.

11. Changes to the Services

We may, without prior notice, change the Services; stop providing the Services or features of the Services to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

12. Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.

13. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue using the Services or contact us at support@nua.coach. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Copyright Claims

If you believe that any content on our Services infringes your copyright, please send us a notice containing the following information:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
Your contact information, including your address, telephone number, and an email address
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

16. Dispute Resolution by Binding Arbitration

Governing Law. These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Arbitration. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Jaén, Spain, using the Spanish language, in accordance with the Arbitration Rules and Procedures then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Changes. Notwithstanding the foregoing, if we make any future change to this arbitration provision (other than a change to the notice address), you may reject the change by sending us written notice within 30 days of the change to support@nua.coach, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between us.

17. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by the Company on the Services, shall constitute the entire agreement between you and the Company concerning the Services.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Third-Party Rights. These Terms do not confer any third-party beneficiary rights. All rights not expressly granted herein are reserved.

Governing Law. These Terms and any action related thereto shall be governed by the laws of Spain without regard to or application of its conflict of law provisions or your state or country of residence.

Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

18. Referral Program

1. Eligibility

The referral program is available to all active NUA Coach subscribers with a valid account in good standing
Referrers must be at least 16 years old to participate in the referral program
NUA Coach reserves the right to determine eligibility and to disqualify any participant at its sole discretion

2. Referral Rewards

For each successful referral, the referrer will receive a credit equivalent to one month of their current subscription plan
A successful referral is defined as a new user who signs up using the referrer's unique referral link and completes their first paid subscription
The referred user must maintain their subscription for at least 30 days for the referral to be considered valid
There is no limit to the number of referrals a user can make
Referral credits are applied to the referrer's account within 7 business days of the referral being validated

3. Redemption of Referral Credits

Referral credits are automatically applied to the referrer's next billing cycle
Credits cannot be exchanged for cash, transferred to another user, or applied to a different account
Unused credits expire 12 months after they are issued

4. Restrictions

Referrers may not use spam, bulk messaging, or any unsolicited communication methods to distribute their referral links
Self-referrals (creating multiple accounts to earn referral credits) are strictly prohibited and may result in account termination

5. Privacy

By participating in the referral program, you consent to the collection and processing of your referral data in accordance with our Privacy Policy

Changes to Terms. NUA Coach reserves the right to modify, suspend, or terminate the referral program at any time without prior notice. Changes to the referral program terms will be posted on our website, and your continued participation constitutes acceptance of those changes.

19. Contact Details

If you have any questions about these Terms, please contact us at support@nua.coach.

Legal Notice Privacy Policy Terms of Service support@nua.coach