Terms of service

TERMS OF SERVICE AGREEMENT
Effective Date: January 1, 2025
Last Updated: January 1, 2025
1. ACCEPTANCE OF TERMS
By accessing or using the services provided by Grigory Kandyba ("Service Provider," "we," "us," or "our"), you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services. 
These Terms constitute a legally binding agreement between you and the Service Provider. By clicking "I Accept," making a payment, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. DEFINITIONS
"Services" means all online services, consulting, and digital products provided by the Service Provider through the website or other platforms.
"Personal Data" means any information relating to an identified or identifiable natural person.
"GDPR" means the General Data Protection Regulation (EU) 2016/679.
"CCPA" means the California Consumer Privacy Act.
3. DESCRIPTION OF SERVICES
3.1. The Service Provider offers online services as detailed on our website. The complete list of available Services is subject to change and will be updated on our website.
3.2. Services may include but are not limited to:
Online consulting
Digital products
Educational content
Support services
4. HEALTH, SAFETY, AND MEDICAL DISCLAIMER
4.1. No Medical Advice. You acknowledge and agree that the Services provided by the Service Provider are for educational and informational purposes only and do not constitute medical advice, diagnosis, or treatment. The Services are not a substitute for consultation with a licensed healthcare provider. A physician-patient relationship is not created by your use of these Services.
4.2. Assumption of Risk. You understand and agree that participation in any fitness program, nutrition plan, or athletic activity carries inherent and significant risks of property damage, bodily injury, or death. You voluntarily and knowingly assume all such risks associated with the Services, even if caused in whole or part by the action, inaction, or negligence of the Service Provider.
4.3. Physician Consultation. You represent that you have consulted with and received consent from a licensed physician before beginning any of our fitness or nutrition programs. You are strongly encouraged to seek professional medical advice for any health condition or concern.
4.4. Your Responsibility. You are solely responsible for your own health and safety. You agree to immediately cease any exercise or activity recommended by the Service Provider if you experience faintness, dizziness, pain, or shortness of breath.
5. CUSTOMER ELIGIBILITY
5.1. You must be at least 18 years old or the age of majority in your jurisdiction to use our Services.
5.2. By using our Services, you represent and warrant that you have the legal capacity to enter into this agreement.
6. CLIENT OBLIGATIONS
6.1. Accurate Information. You agree to provide true, accurate, current, and complete information about your health, medical history, and physical condition as requested by the Service Provider. You agree to update this information promptly if it changes.
6.2. Adherence to Safety. You agree to follow all safety instructions provided and to perform exercises in a safe and controlled manner.
6.3. Immediate Reporting. You agree to immediately inform the Service Provider of any physical or mental health issues, injuries, or discomfort that may arise during your use of the Services.
7. PAYMENT TERMS
7.1. Pricing: All prices are listed on our website and are subject to change with 30 days' notice.
7.2. Payment Methods: We accept payment methods as specified on our website.
7.3. Billing Cycles:
Standard packages (Economy, Standard): Billed monthly (every 30 days)
Semi-annual subscription: Billed every 6 months (installment payment available up to 2 months)
Annual subscription: Billed annually (installment payment available up to 3 months)
7.4. Automatic Renewal: Unless otherwise specified, subscriptions automatically renew at the end of each billing period.
7.5. Late Payment: Services may be suspended if payment is not received by the due date.
7.6. Taxes: Prices do not include applicable taxes. You are responsible for all applicable taxes.
8. CANCELLATION AND REFUND POLICY
8.1. Right to Cancel (EU Customers): EU customers have the right to cancel within 14 days of purchase without giving any reason, unless digital content delivery has begun with your express consent.
8.2. General Cancellation: You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period.
8.3. Refund Policy: Please refer to our Refund Policy available at [https://kandibafit.coach/moneyback].
9. USE OF SERVICES
9.1. Acceptable Use: You agree to use our Services only for lawful purposes and in accordance with these Terms.
9.2. Prohibited Uses: You may not:
Violate any applicable laws or regulations
Infringe upon the rights of others
Transmit harmful or malicious content
Attempt to gain unauthorized access to our systems
Engage in any activity that disrupts our Services
9.3. Account Security: You are responsible for maintaining the confidentiality of your account credentials.
10. INTELLECTUAL PROPERTY
10.1. All content, materials, and Services provided are the intellectual property of the Service Provider or its licensors.
10.2. You may not reproduce, distribute, modify, or create derivative works without our express written permission.
10.3. You retain ownership of any content you provide, but grant us a license to use it in connection with providing the Services.
11. PRIVACY AND DATA PROTECTION
11.1. Privacy Policy: Our collection and use of personal data is governed by our Privacy Policy, which is incorporated by reference.
11.2. GDPR Compliance (EU Customers): We comply with GDPR requirements, including:
Lawful basis for processing
Data subject rights
Data security measures
Data breach notification procedures
11.3. CCPA Compliance (California Customers): We comply with CCPA requirements regarding personal information collection, use, and disclosure.
9.4. Data Security: We implement appropriate technical and organizational measures to protect your data.
12. WARRANTIES AND DISCLAIMERS
12.1. Service Provider Warranties: We warrant that Services will be provided with reasonable skill and care.
12.2. Disclaimers:
Services are provided "AS IS" and "AS AVAILABLE"
We do not warrant uninterrupted or error-free service
We disclaim all implied warranties to the fullest extent permitted by law
12.3. Nature of Professional Guidance. The Service Provider offers expert guidance and education based on professional qualifications in physiology and medicine. However, you acknowledge that these Services are for informational and educational purposes only and do not constitute medical diagnosis, treatment, or the practice of medicine. Our Services are not intended to be a substitute for professional medical advice from your physician.
13. LIMITATION OF LIABILITY
13.1. To the maximum extent permitted by law, our total liability shall not exceed the amount paid by you in the twelve (12) months preceding the claim.
13.2. We shall not be liable for:
Indirect, incidental, special, or consequential damages
Loss of profits, data, or business opportunities
Damages resulting from your use or inability to use the Services
13.3. Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.
14. INDEMNIFICATION
You agree to indemnify and hold harmless the Service Provider from any claims, damages, liabilities, or expenses (including reasonable attorneys' fees) arising from:
Your use of the Services
Your breach of these Terms
Your violation of any third-party rights
Any injury or harm you cause to yourself or others
15. DISPUTE RESOLUTION
15.1. Informal Resolution: We encourage you to contact us first to resolve any disputes informally.
15.2. Arbitration (US Customers): Disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules.
15.3. Jurisdiction (EU Customers): EU customers may bring proceedings in their local courts as provided by EU law.
15.4. Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class actions.
16. FORCE MAJEURE
Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government actions.
17. MODIFICATIONS TO TERMS
15.1. We reserve the right to modify these Terms at any time.
15.2. Material changes will be notified via email or prominent website notice at least 30 days before taking effect.
15.3. Continued use after changes constitutes acceptance of modified Terms.
18. SEVERABILITY
If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.
19. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and the Service Provider.
20. GOVERNING LAW
20.1. US Customers: Governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.
20.2. EU Customers: Governed by the laws of the customer's country of residence.
21. CONTACT INFORMATION
For questions about these Terms, please contact us at:
Gregory Kandyba
Email: gregory@kandiba.com
Address: 1664 Porter Rd, Unit C3 NP001585378, Bear, Delaware, 19701
22. CONSUMER RIGHTS NOTICES
EU Customers:
You have statutory rights under EU consumer protection laws that cannot be waived by these Terms.
California Customers:
California residents have specific rights under the CCPA. See our Privacy Policy for details.
Accessibility:
We are committed to making our Services accessible. Contact us if you need these Terms in an alternative format.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.