TERMS OF USE

TERMS OF USE – itsdesifit.com and any related apps or software

These Terms of Use (“Terms”) govern your use of the itsdesifit.com website, any related apps or software, and any social media content made available by ITSDESIFIT LLC (collectively the “Platform”), and participation in any of the services provided through the Platform. These Terms are an agreement between itsdesifit.com (“we”, “us”, or “our”) and you. Your access to, and use of, the Platform constitutes your agreement to be bound by these Terms. The offering of the Platform to you is conditional on your acceptance of these Terms. If you do not agree to these Terms, you cannot access or use the Platform.

The information and content presented by ITSDESIFIT, LLC is not intended to diagnose, cure or treat any medical or health condition. The information listed in the Platform does not constitute medical advice and is not intended to be and should not be used in place of the advice of your physician. Before accessing the Platform and starting any fitness program, please consult your physician to determine if such program is right for your needs. Do not start a fitness and/or nutrition program if your physician or healthcare provider advises against it. If you have chosen not to obtain a physician’s consent prior to beginning this fitness and/or nutrition program with ITSDESIFIT, LLC, you hereby agree that you are doing so solely at your own risk. You fully understand that you may injure yourself as a result of participation in a fitness program, and hereby release ITSDESIFIT LLC from any liability now or in the future for any injury, including, but not limited to heart attacks, death, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness or injury however caused, occurring during your participation in the Fitness and/or Nutrition program(s). In any event, you acknowledge and agree that you assume the risks associated with any fitness related activities and/or exercises in which you participate. By accepting our Terms of Use, you state that in consideration of your participation in this fitness and nutrition program, you for yourself, your personal representatives, administrators, heirs and assigns, hereby holds harmless ITSDESIFIT LLC from any claims arising from your participation in the program(s). If you experience dizziness, pain, fatigue or shortness of breath at any time during the fitness program, you should stop immediately. ITSDESIFIT, LLC is not responsible and is not liable for any injuries occurred during training in relation to this fitness program. No part of this fitness program may be in any form reproduced, stored, sold or transmitted.

  1. Registration

Access to, and use of, the Platform is restricted to registered users only. Some content on the Platform may require different types of registrations and/or payment of additional fees. In order to register and use the Platform, you must provide truthful and accurate account information including, but not limited to, a username, email address, phone number, billing address, and credit card information. You are responsible for updating your account information to keep it accurate. Failure to maintain accurate account information could limit your access to the Platform.

  1. Free Trial

In the event that you have accessed the services through a free trial, you will have a period of time (specified at the time of registration) of free access to the services. At the end of such period, your account will automatically roll over to a paying subscription unless you cancel before the free trial period ends. By accessing the services using the free trial, you hereby understand and agree that at the end of the trial, the credit card or other payment method you have designated for use will be charged the subscription fee in effect at the time of purchase. You can manage your subscriptions, including turning off auto renewing subscriptions up to 48 hours before your next subscription payment is due, through your online account at itsdesifit.com. Any unused portion of a free trial will be forfeited when a subscription is purchased. Only the user can turn off/cancel a subscription. Emailing the customer support team is not sufficient to turn off/cancel a subscription. You must manage your subscription by accessing the SUBSCRIPTION tab of your online profile. Only in the event of system malfunction within the platform, the user may request cancellation of his/her profile by emailing customer support at info@itsdesifit.com

  1. Risks of Platform Use

This Platform contains content on personal fitness, wellbeing, and nutrition and is not a substitute for direct, personal, professional medical care and diagnosis.

We state: ITSDESIFIT LLC is not a licensed dietician or nutritional specialist. All information obtained through the Platform will be based on the trainer’s own experiences and studies. You (customer) have been advised that an examination by a physician should be obtained prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed or in your diet. If you (customer), have chosen not to obtain a physician’s consent prior to beginning this fitness and nutrition program at itsdesifit.com, you hereby agree that you are doing so solely at your own risk. Before submitting this application, please read the following:

Not all exercises shown on the Platform are suitable or appropriate for everyone. As with any exercise program, if at any point during your workout you begin to feel dizzy, faint, or have physical discomfort, you should stop immediately. You are solely responsible for exercising within your limits and seeking medical advice and attention as appropriate. You fully understand that you may injure yourself as a result of participation in a fitness program, and hereby release ITSDESIFIT LLC from any liability now or in the future for any injury including, but not limited to, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries, heart attacks, and any other illness, soreness, injury or death, however caused, that occurs during your participation in the Fitness and/or Nutrition program(s). In any event, you acknowledge and agree that you accept the risks associated with any fitness related activity and/or exercise in which you participate. By accepting our Terms of Use, you state that in consideration of your participation in this fitness program, you for yourself, your personal representatives, administrators, heirs and assigns, hereby hold harmless ITSDESIFIT LLC from any claims arising from your participation in the program(s).

None of the meal plans or exercise programs provided on the Platform should be performed or otherwise used without clearance from your physician or health care provider. The information given on the Platform is merely information – not advice, and should not replace medical, physical and/or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on the Platform should be misconstrued to mean otherwise. If you need medical or mental health advice, you should consult an appropriate medical or mental health professional.

By accepting these Terms, you affirm that you have read and fully understand them, and that you have been given the opportunity to present questions on all related matters. Furthermore, you confirm that all information contained in your application is complete, true and correct, to the best of your knowledge.

  1. Children’s Use

By accessing or using the Platform, you confirm that you are of legal age in your country, you are at least 18 years old or you have consent from your parent or guardian, and you have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or banned from using the Platform.

  1. The Platform and Permitted Uses

The Platform provides a variety of videos, written descriptions, charts, and other information on fitness programs and diets (collectively, the “Platform Content”).

The Platform can only be used for your own personal purposes. To ensure that the Platform and the Platform Content are available for all users to enjoy, you represent, warrant, and covenant that you will not knowingly and willfully permit or enable a third party to do any of the following: (1) violate these Terms; (2) make commercial use of the Platform that is designed to monetize the login process, the collection and use of any personal information provided by other users, or access to the Platform Content; (3) use the Platform for any purpose that is unlawful, infringing, harmful, threatening, tortious, defamatory, libelous, abusive, obscene, invasive of another’s privacy, hateful, fraudulent, or malicious; (4) harass or advocate harassment of another person; (5) transmit “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; (6) send any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (7) promote information that you know is false, misleading, or promotes illegal activities or conduct; (8) interfere with or disrupt the Platform or any server or network involved with the operation of the Platform; (9) collect or harvest from the Platform the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; (10) access or attempt to access any portion of the Platform or the Platform Content by any means other than through the Website or use automated tools to operate the Platform (i.e. scripts, robots, etc.); (11) resell, rent, loan, or sublicense the Platform or Platform Content; or (12) otherwise violate any local, national or other applicable law or regulation.

If you become aware of any unauthorized use of the Platform, Platform App, or Platform Content, immediately notify us at info@itsdesifit.com. In the event that the unauthorized use occurred through your account by a third-party, you agree to take all steps necessary to terminate such unauthorized use and cooperate with us as may be reasonably requested to stop the unauthorized use.

ANY USE OF THE PLATFORM THAT IS NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, IN OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT WITHOUT ISSUANCE OF A REFUND.

  1. Subscription Fees, Payment Terms, and Refund Policy

The fees charged for access to the Platform are referred to as “Subscription Fees”. To access the Platform Content, you will be subject to monthly, quarterly, semi-annual or annual Subscription Fees in accordance with a fee schedule made available on the Platform. Subscription periods are for monthly, quarterly, semi-annual or annual terms and you will be required to submit payment in advance to access the Platform. Once the initial subscription period has expired, your contract will be renewed automatically for the same term at the rates then in effect. Payment of Subscription Fees will be collected automatically based on your subscription. If payment is not successful for any reason, your access to the Platform will be suspended until we will receive your payment. If payment is not successful for any reason, the system will automatically retry to renew your subscription. All fees are payable in U.S. dollars and payment must be made by credit card or other payment method you have designated for use. Any payments made by credit card or other payment method you have designated for use are subject to the approval of the financial institution that issued the credit card or other payment method. Since the Platform is delivered in full at the beginning of the subscription period, amounts paid for the Platform under these Terms are not refundable.

We will publish a fee schedule on the Platform for your review. These fees are subject to change from time to time at our sole discretion and we will use good faith efforts to notify you prior to modifying the fee schedule.

In order to maintain your access to the Platform, you hereby agree that we may continue to process your payments on the credit card or other payment method you have designated for use.

  1. Your Privacy

We are very sensitive to the privacy concerns of our users. Our Privacy Policy outlines the types of personal information that you may provide to us while using the Platform and explains how we handle such personal information and protect it.

7.1 Recover Abandoned Carts

By utilizing our services you also acknowledge and consent to the collection and processing of your personal data, including but not limited to email addresses and browsing behavior. We can use this information for the purpose of sending reminder emails related to abandoned shopping carts and improving our website’s user experience. Your personal data will be handled in accordance with our privacy policy and all applicable data protection laws and regulations.

  1. Your Submissions

You hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) on the Platform, the Platform App, or any website or social media account associated with ITSDESIFIT LLC (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that we will not be bound to treat any Submission as confidential and may use any Submission in our business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations or businesses.

In regards to all Submissions, you represent and warrant to us that (i) you have full power and authority to enter into these Terms; (ii) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignment granted herein without obtaining any further releases or consents; and (iii) to the best of your knowledge, your Submissions do not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory.

We and our licensees may display advertisements and other information adjacent to or included with Submissions on the Platform, and any other media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

  1. The Platform and Intellectual Property

The Platform and Platform Content, including all materials, images, text, illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up the Platform or Platform Content (collectively, the “Content”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. We own all right, title and interest in and to the Content. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Content solely in accordance with these Terms. You are not granted any further license to any software or intellectual property rights by these Terms. Your access to and use of the Platform is limited to your own personal electronic devices for your own personal use and may not be shared with any other person, regardless of the medium through which you are accessing the Platform.

You are specifically prohibited from personally, and on behalf of others: (1) copying, adapting, displaying, distributing, publishing, disseminating, transmitting, storing, selling, or using the Platform or Content for any purposes or in any manner other than as intended and expressly authorized in writing by us; (2) removing or attempting to remove from the Platform, downloading, copying, recreating, disassembling, modifying, destroying, tampering with, deactivating, translating, reverse engineering, or decompiling any software or other Content on the Platform or (3) assigning, selling, sublicensing, leasing, or otherwise transferring your right to use the Platform, or Content; (4) using, displaying, or distributing any of the Content on your personal website, blog, social network or any other medium of publication, whether print or electronic, unless authorized in writing by us.

We may terminate your access to the Platform if you are in breach of any of our intellectual property rights.

  1. Platform Warranties and Disclaimers

We provide the Platform on an “as is” and “as available” basis. You use the Platform at your own risk. We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties (1) that the Platform will be permitted in your jurisdiction; (2) that the Platform will be uninterrupted or error-free; (3) concerning any content submitted by any member; (4) concerning any third party’s use of content that you submit; (5) that the Platform will meet your personal or professional needs; (6) that we will continue to support any particular feature of the Platform; (7) concerning sites and resources outside of the Platform, even if linked to from the Platform.

If a secondary party may have access to or view the Platform content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.

You have been informed, understand, and are aware of, that strength, flexibility and aerobic exercise, including the use of equipment in connection with the Services, are potentially hazardous activities. You also have been informed, understand and are aware of, that fitness activities involve a risk of injury and that you are voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. You hereby agree to expressly assume and accept any and all risks of injury in using the Services.

  1. Inactive Users and Subscriptions

If a user is not subscribed to any plans offered by www.itsdesifit.com and has not been active for 90 days or more, ITSDESIFIT LLC has the right to remove such user from www.itsdesifit.com and therefore, if the user wishes to access the platform, the user must subscribe again. ITSDESIFIT LLC is authorized to delete any subscriptions that have been ‘canceled’ or ‘pending’ for more than 1 month from the profile of the active and non-active user, to always guarantee the system high performance and functionality.

  1. Subscription Pause and cancellation

You can pause your subscription by accessing your profile at www.itsdesifit.com, at least 48 hours prior to your recurring subscription payment date. You may pause your subscription for a maximum time period of 90 days, after which your subscription will automatically be resumed and rolled over to a paying subscription unless you cancel before the end of the pause. To resume your subscription, you can do so by accessing your profile at www.itsdesifit.com at any time. If you do not wish to resume your subscription, you may turn off/cancel your subscription via your SUBSCRIPTION tab in your profile page.


You may turn off/cancel your subscription via your SUBSCRIPTION tab in your profile page. If you wish to cancel your subscription, you must do so at least 48 hours prior to your recurring subscription payment date. Only the user can turn off/cancel a subscription. Emailing the customer support team is not sufficient to turn off/cancel a subscription.

  1. Changing Of Subscription Plan
  • By type of subscription we intend Gold or Diamond plan;
  • By frequency we intend the frequency of the recurring payment: e.g. monthly, quarterly, semi-annual, annual.

It is possible to UPGRADE frequency within the same type of subscription (e.g. upgrade from monthly Gold to semi-annual Gold) at any time by paying the difference between the cost of the two subscription plans at the time of changing your subscription.

It is possible to DOWNGRADE frequency within the same type of subscription (e.g. downgrade from semi-annual Gold to monthly Gold) only at the end of the current payment cycle. At that time, your old subscription will change to canceled and your new subscription will be active.

It is also possible to change the type of plan while keeping the same recurring payment frequency (e.g. from monthly Gold to monthly Diamond). If you upgrade from Gold to Diamond (same frequency), the upgrade will be immediate and you will pay the difference between the cost of the two subscription plans at the time of changing your subscription. If you downgrade from Diamond to Gold, the subscription change will take place at the end of the current payment cycle.

When downgrading your subscription, the subscription frequency selected by the user (i.e., monthly, quarterly, semi-annual,annual) at the time of subscribing is binding until its completion. To switch to a different subscription frequency (e.g., quarterly to monthly) you have to wait for the current subscription period to be completed. At the end of the current subscription period, your subscription will switch to the selected subscription frequency.

It is not possible to make changes of both type and frequency of your subscription plan from your profile at www.itsdesifit.com. In this case, contact us via email at info@itsdesifit.com at least 72 hours before your billing date and the customer support team will help you with the request.

You may change your subscription plan by accessing your profile at www.itsdesifit.com.

  1. Profile access by ITSDESIFIT LLC

In the event that you are experiencing a problem with your account, our customer service representatives may ask you permission to access your account in order to perform a maintenance check. In these circumstances, you will receive an email from info@itsdesifit.com requesting permission and only if you accept in writing granting us such permission, we will access your account. Once the maintenance check on your account is finished, a customer service representative will contact you to provide a status update. We strongly recommend that you change your password once we are done performing the maintenance check on your account.

  1. Termination of these Terms

The Owner may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason including, but not limited to, if we reasonably believe: (i) you have violated these Terms or any other terms or policies provided by the Owner, (ii) you create risk or possible legal exposure for the Owner; (iii) your account should be removed due to unlawful conduct, or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you via the email address associated with your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services. The scope of the termination or suspension will be at the sole discretion of the Owner and may include a revocation of your rights to join, or continue to participate in, any social media groups or accounts associated with the Owner. You further acknowledge, agree, and understand that Owner’s decision to terminate any of the Services or your participation in any groups associated with the Services in connection with this “Termination of these Terms” section will not entitle you to any refund of any subscription fee or other membership fees that you may have paid to Owner for the Services.

  1. Indemnity

You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that: (1) arise from your activities on, or associated with your use of, the Platform; (2) assert a violation by you of any term of this Agreement; or (3) assert that any content you submitted to the Platform violates any law or infringes any third party right, including any intellectual property or privacy right.

  1. Limitation of Liability

We will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Platform and/or any website with which they are linked, and/or any content, information, products or services accessible through the Platform, even if we have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of us to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for use of the Platform.

  1. Binding Arbitration

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Texas. Such arbitration will be conducted in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com. The arbitrator will be selected pursuant to the JAMS Rules and Procedures. The arbitrator will apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and will honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH WILL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

  1. Confidentiality of Communications From Us

You agree and understand that all communications (including emails, direct messages, or any other forms of communication, collectively “Communications”) we send to you, whether through the Platform, social media platforms, or any other communication medium, are confidential. For this reason, you agree not to display or otherwise distribute any Communications sent to you. You further agree to keep these Communications and their contents confidential.

  1. STRONGER Postpartum Program Addendum

The following statements apply when you participate in the postpartum fitness program offered by ITSDESIFIT LLC on the Platform. If you do not agree to these statements, you must not participate in the postpartum fitness program.

Specifically, when participating in the postpartum fitness program, you represent, warrant and acknowledge the following provisions:

  1. You are responsible for your own safety and you are participating in the postpartum fitness program entirely at your own risk.
  2. You state that you will not exceed the exercise recommended by your physician, doctor, obstetrician or other medical/healthcare provider.
  3. You understand that you need to stop exercising immediately and seek medical guidance if at any time during or after having undertaken any exercise as part of the STRONGER postpartum fitness program, you experience pain, faintness, dizziness, discomfort, bleeding, or shortness of breath, or any other form of pain or symptoms including without limitation any symptoms that your physician, doctor, obstetrician or other medical/healthcare provider advised you of prior to engaging in the STRONGER postpartum fitness program, or at any time thereafte.
  4. You acknowledge that if you make any modifications to the postpartum fitness workouts while participating in the STRONGER postpartum fitness program, or if you undertake, during postpartum any other fitness program or workouts not recommended by ITSDESIFIT LLC, you do so entirely at your own risk.
  5. You understand that there are potential health risks associated to your participation in the postpartum workouts of the STRONGER postpartum fitness program, including but not limited to: bladder leakage, organ prolapse, back pain, pelvic floor complications, poor C-section scar healing, the rate of reduction of diastasis rectus abdominis.
  6. You have completed your postpartum medical check-up at 6-week postpartum and obtained authorization from your physician, doctor, obstetrician or other medical/healthcare provider to resume physical activity and participate in exercise (and once commenced, to continue participating in) the STRONGER postpartum fitness program.
  7. You acknowledge that any instruction, information, or guidance contained in the STRONGER postpartum fitness program is not a substitute for medical advice, consultation, and/or medical treatment from your doctor or healthcare provider. You should not delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of any instruction, information or guidance contained in the STRONGER postpartum fitness program. STRONGER postpartum fitness program is provided for informational purposes only.
  8. ITSDESIFIT LLC is not aware of and cannot determine your individual suitability for the workouts in the STRONGER postpartum fitness program. To the maximum extent permitted by Applicable Laws, you will indemnify ITSDESIFIT LLCC and the Associated Parties and hold them harmless against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with directly or indirectly your participation in the STRONGER postpartum fitness program and/or your breach of any of the provisions of the STRONGER postpartum fitness program addendum.
    1. You certify that any information provided by you to ITSDESIFIT LLC in connection with the STRONGER postpartum fitness, including the fact that you have received medical clearance to participate in the Postpartum Workouts, is true.

  1. Diamond Plan (Piano Diamond) Addendum

The following statements apply when you participate in the Diamond plan (Piano Diamond) offered by ITSDESIFIT LLC on the Platform. If you do not agree to these statements, you must not participate in the Diamond plan (Piano Diamond)

  1. You acknowledge that you are 18 years of age or older (or of legal age in your jurisdiction required to form a binding contract if that age is over 18). If you are younger than 18 years of age, you certify that you have obtained your parent or guardian’s consent to participate in the Diamond plan (Piano Diamond).
  2. Any application of the recommendations set forth in program from ITSDESIFIT LLC, itsdesifit.com and the Platform, or in any personal consultation by phone, email, in-person, or otherwise, is at the reader’s discretion and sole risk. The information offered is intended for people in good health. Anyone with medical problems of any nature should see and consult a doctor before starting any diet or meal plans. Even if you have no known health problems, it is advisable to consult your doctor(s) before making major changes in your lifestyle.
  3. The material contained on the Diamond Plan (piano Diamond), is provided for educational and informational purposes only and is not intended as medical advice. The information contained on this platform and program (a) should not be used to diagnose or treat any illness; (b) is not a substitute for medical advice or treatment for specific medical conditions; and (c) has not been evaluated by the FDA and is not intended to treat, diagnose, cure or prevent any disease or health problems. You should seek medical care for any specific health issues and consult your doctor, physician or other healthcare professional before subscribing to this plan.
  4. By subscribing to the Diamond plan (piano Diamond) you agree that you will consult your doctor, physician or health care provider before beginning the nutrition program/meal plan or taking into practice any and all tips from the Platform. Use of the Platform and information contained in the platform is at your sole choice and risk.
  5. You understand and agree that you will indemnify, defend and hold ITSDESIFIT LLC and all affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our platform and plan(s), or your violation of these terms and conditions.
  1. LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of this Terms of use which includes this Licensed Application End User License Agreement (“Standard EULA”).

Your license to any Apple App under this Standard EULA is granted by Apple, and your license to any Third Party App under this Standard EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

23. General Information

These Terms constitute the entire agreement and understanding between you and us and supersede any prior agreements between you and us. These Terms and the relationship between you and us will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the courts in Fort Bend County, in the State of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision will be deemed severed here from and will not affect the validity and enforceability of any remaining provisions. You may not assign, transfer, or sub-license any rights granted by these Terms without our prior express written consent. We may assign these Terms to any third party whom we choose without your consent. No waiver by us of any breach of default hereunder will be deemed a waiver of any preceding or subsequent breach or default

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Updated: December, 2023