Introduction

Please read the following terms of use carefully before using any services. By accessing and/or browsing or using the Services, you acknowledge that you have read, understood and agreed to be bound by all of the terms, conditions, consents and disclosures in the Terms of Use, along with the applicable guidelines stated on the  mobile application you download. 

If you do not agree to the applicable terms of use and guidelines, please stop using the Services immediately. If you are accessing these Terms of Use on behalf of a legal entity, you represent that you have the legal authority to bind that legal entity Nshape Mobile Application (the “Application”) and all other products and services, all content provided as part of it, are collectively referred to as “Services” and are provided to you by Nshape., an Egyptian company ( “the company”, “we”). Subscribers, account holders, customers, users and other persons who download the Application or access and/or use, purchase or subscribe to the Services agree to these Terms and Conditions (Terms of Use). These Terms of Use govern your use of the Services and are a prerequisite for your use of the Services. By using the Services, you agree that you are at least 18 years old, or are using the Services under the supervision of a parent or your legal guardian, and that you are legally able to enter into a contract. If you are under the age of 18, you agree to review these Terms of Use with your parent or legal guardian to ensure that you and your parent or legal guardian understand and agree to these Terms of Use. You agree that your parent or legal guardian will review and agree to these Terms of Use on your behalf. If you are a parent or legal guardian agreeing to these Terms of Use for an individual under the age of 18, you agree to accept full responsibility for that child’s use of the Services, including financial fees and legal liability that they may incur.

By using this Application, you agree to the terms and conditions stated here. If you do not agree to these Terms of Use, you may not use this application. By using this Website, you agree that you are at least 18 years old, or using this Website under the supervision of a parent or legal guardian, and are legally able to enter into a contract.

 

Please note that we reserve the right to change any of these Terms of Service at any time and without notice to you. We encourage you to review this section periodically to stay informed of the details of the Terms of Service.

These Terms of Use include:

  • Your statement that you are healthy enough to exercise and follow a general nutrition plan, and that you have consulted a physician before  using the Services
  • You agree that the Services are provided “as is” and without any warranty
  • Your statement that the Company  assumes no responsibility for the Services.

 

Use of the service, without medical advice

  1. You understand that our Services (particularly your choice of nutrition programs and/or coach-made workouts according to your profile without the possibility of personal coaching guidance in the gym floor) are intended only for use by individuals who are healthy enough to exercise and follow a general or detailed nutrition plan, which can Not be suitable or recommended for all individuals, including but not limited to, pregnant women or individuals with a medical condition or those who have Special nutritional needs. This evaluation requires that all information you provide is true, complete and correct, and in addition requires that you not delete any relevant information even if we do not ask for such information. In addition, when you become a user of the Services, you are confirming that a physician has specifically approved your use of the Services, or that all of the following statements are true:
  • No doctor has told you that you have a heart condition or that you should only do physical activities that a doctor recommends.
  • You have never felt any chest pain when doing any physical activity
  • You have not had chest pain while not exercising at any time during the past month
  • You have never lost your balance due to dizziness and you have never lost consciousness
  • You do not have any bone or joint problem that may be aggravated by your physical activity
  • Your doctor does not currently prescribe medications for your blood pressure or heart condition
  • you are not pregnant or breastfeeding 
  • You do not have high cholesterol, diabetes, obesity or arthritis.
  • You don’t know of any other reasons why you shouldn’t exercise or follow a general nutrition plan
  • You should consult  your doctor or health care professional before using our services. Use of any information or software provided on our Services is at your own risk. If you think you may have a medical emergency, call your doctor immediately.
  • If at any time during your exercise you feel unwell, be sure to stop immediately and seek medical advice from a physician when needed.

Neither the Company nor any of its service providers or affiliates will be liable for any physical or mental injury or illness that may result, directly or indirectly, from any of our recommended sports training, exercise or nutrition plans. While we may provide instructions such as written descriptions, pictures, or videos that describe how to perform certain exercises or activities, you are responsible for performing these exercises or activities correctly, as there is a risk of injury or disease progression if the exercises or activities are performed incorrectly.

Long Term programs with personal training

  • You understand that our Services (specifically your choice of Coach-generated workout plan and/or nutrition programs with Nutrition Doctor-guidance) are intended for use by individuals who have conditions that require personalized tailored guidance and cannot be taken care of by customized programs only.
  • If you choose any of  “Nshape Programs”  based on your answers to the app’s questions, you are fully responsible for any consequences that may occur as a result of exercising/dieting in a way that does not take into account your own condition
  • If during  the direct communication with the service provider of your own choice , you conceal information that hampers his/her ability to adapt his/her instructions, you bear full responsibility for any consequences that may occur.

Modifications to the Terms of Use and/or Services

The Company reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Use at any time and without prior notice. If the Company amends the Terms of Use, it will update this posting on the application and specify the effective date of the new version of the Terms of Use. Your continued use of the Services following the posting of the new version of the Terms of Use will constitute your acceptance of any such modifications. Accordingly, you should check to see if a new version of the Terms of Use has been posted each time you use the Services. If the revised Terms of Use are not acceptable to you, you can only stop using the Services.

Privacy Policy

Please refer to the Privacy Policy available at Nshape App/website for more information and notices regarding how the Company collects, uses, and shares personally identifiable information in connection with the Services. You hereby agree to be bound by the Company’s Privacy Policy.

 

Your Account 

  • You may be required to register and create an account use certain features of the Services. You are responsible for maintaining the confidentiality of the passwords associated with your account and agree to monitor all activities in the account, and you are fully responsible for activities that occur under your account (except for security breaches caused by the Company). The Company reserves the right to suspend or terminate your account at any time and will not be liable for such suspension or termination.
  • When you sign up for a Subscription Plan, you must select and provide your preferred payment method (for example, credit card, online payment services or any other payment method we make available to you). You will be billed for your subscription fee immediately once your account status is activated; You will not be charged any fees during any applicable trial period. You agree to pay all subscription fees and any other costs required in connection with the username and password associated with your Account.
  • By accessing our Services using your credentials on Facebook or any other third-party service, you are allowing us to access certain information from your Facebook profile or any other third-party service for use by our Services. You may be able to control the amount of information we are allowed to access by adjusting the privacy settings of your account on Facebook or any other third-party service. By using the Services, you authorize us to collect, store, retain and use any information that you allow Facebook or any third party service to provide to us.

Payment Terms

  • Your full use of the Services depends on the successful transaction of payment through the payment method you choose.
  • You can use a third party payment gateway to pay the service fees through a payment account linked to your Nshape account to pay for your subscription. Payment processing will be subject to the terms and conditions and privacy policies of the third party payment gateway in addition to these Terms of Use. By choosing to subscribe to a service, you agree to pay us, through a third party payment gateway, all fees at the applicable rates when using any such paid Services in accordance with the applicable Payment Terms; You also authorize us, through the payment gateway, to require your payment service provider for payment (your “Payment tool”). You agree to make the payment using the selected payment method. 
  • If you provide credit or debit card information to pay for the Paid Services, you represent that you are authorized to provide such information and therefore authorize Nshape to charge the credit or debit card periodically to pay the fees when they are due. Payment terms depend on your method of payment and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your payment method. If we do not receive payment from you, via a third party payment gateway, you agree to pay all amounts due on your account when requested. We may also block your access to any of the Services until any amounts due from you have been paid to us.
  • Certain Paid Services may consist of recurring fees on a periodic basis as agreed with you. By choosing a recurring payment plan, you acknowledge that such services have an initial and recurring payment feature, and that you are responsible for all recurring charges prior to cancellation.
  • You agree that Nshape  shall not be liable for any financial and monetary transactions between you and a third party. You are responsible for all transactions processed through our Services. Nshape is not responsible for any loss or damage from misguided or incorrect transactions processed via a third party payment processor. If you process a transaction, it is your responsibility to verify that that transaction has been successfully processed. You understand and agree not to hold Nshape responsible for any negative effects that actions (whether intentional or unintended) by a third party payment processor may cause to any such third party account or your Nshape account.
  • You agree to be responsible to  pay any applicable sales, property, use, value added, deduction or other applicable tax that may be levied by any governmental entity.

 

Cancellation and refund Policy 

  • In case of your subscription to online session /Nutrition Plan , you can cancel only 3 hours before the determined session time otherwise the session fees will be fully charged and won’t be eligible for refund 
  • Program Subscription is not eligible for cancelation or refund  

The intellectual property & property rights 

  • For services owned by the company and protected by copyrights, trademark and other laws of Egypt. Except as provided in the Terms of Use, the Company and its licensors own and control all right, title and interest in and to the Services exclusively, including all related intellectual property rights. You may not remove, modify, or obscure any copyright, trademark or proprietary rights notices included in or accompanying the Service.
  • All trademarks, service marks, logos, trade names and designs, whether registered or unregistered, used in connection with the Services are owned by the Company or its registered licensors. You may not use or display such trademarks, service marks, logos, trade names, or designs owned by the Company or its registered licensors without the prior written consent of the owner.
  • Nshape is not responsible for the content and/or the videos and/ or the photos included in the programs and/or the newsfeed posts and/or any other public section inside the application created and edited by the service provider or /the user  . All the liability falls on the account owner whether he/she is a service provider or a user of the

 application 

Use Content License 

  • A variety of information, advice, recommendations, letters, messages, comments, postings, text, graphics, software, music, sound, photos, videos, data and other materials (“Content”) are made available through the Services. Some of this content is provided by the Company or its affiliates.
  • The Company grants you a non-exclusive, limited, non-transferable, revocable license to view, copy and print Content via the Services for your personal, non-commercial use only, without  removing any copyright, trademark or other proprietary rights notice displayed with or in connection with the Content. , or hide it. You may not use any Content available through the Services in any other manner or for any other reason without the Company’s prior written consent. All rights not granted in these Terms of Use are expressly reserved to the Company.
  • Your personal workout plan/Nutrition  is customized for you and you shouldn’t share it with someone else to avoid the probable different reactions and results and conditions 

License To Use Services  

  • Nshape will own all title and intellectual property rights in the Services, and any copies or portions thereof. Subject to your compliance with the Terms of Use, Nshape will grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control, and to run such copy of the Application For your personal use only. You understand and agree that the availability of the Application and the Services is dependent on the third party through which you obtained the License to the Application, i.e. the Apple App Store or the Google Play Store .You understand that the Terms of Use are between you and the Company and not with the App Store or its owner. The Company, and not the App Store or its owner, is responsible for the Services, including the Application and its content, maintenance, support and warranty services, and handles any related claims (such as product liability, legal compliance, or intellectual property infringement).

Use of the Services Restrictions 

  • Your use of the Services and related licenses which are granted to you are only conditioned by not doing any of the following while your use of services : 
  1. Post, upload, submit or transmit any information or other material that:

 (i) infringes a third party’s patent, copyright, trademark, trade secret, moral or other proprietary right, right of publicity or privacy 

 (ii) violate or encourage conduct that would violate any applicable law or regulation or that could result in any civil liability

 (iii) be fraudulent, false, misleading or deceptive

 (iv) be defamatory, obscene, pornographic,vulgar or offensive

 (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm towards any individual or group

 (vi) be violent, threaten or promote violence, or act threatening to any other person

 (vii) promote illegal or harmful activities or materials (including but not limited to activities that promote or provide instructional information on the manufacture of weapons or illegal substances).

 

  1. Access, tamper with, or use non-public areas of the application, Nshape computer systems or digital delivery systems of Nshape Providers, or  attempt to troubleshoot, scan, or test a vulnerability in any of Nshape systems or network, or otherwise breach any security or authentication measures.
  2. Avoid ,bypass, remove, disable or destroy  any technological measures put by Nshape, its providers or any other third party (including another user) to protect, the Company
  3. Send any unsolicited or unauthorized advertising, promotional materials, email messages, Chat messages ,junk mail, unsolicited email, chain letters or any other form of solicitation
  4. Use any meta tags, other hidden text, or metadata that use the company’s trademark, logo, URL, or name
  5. Use the Services for any commercial purposes or for the benefit of any third party or in any manner not permitted in these Terms of Use
  6. falsify any TCP/IP or any part of the information in any email or newsletter post, or use the Services in any way to send modified, deceptive or false identification source of information
  7. attempt to decompile, translate, or reverse any software development used to provide the Services
  8. Interfering, or attempting to interfere, with the access of any user, host or network, including but not limited to, sending a virus, overloading, or spamming the Services
  9. Collect or store any personally identifiable information from the Services of other users without their prior permission
  10. Impersonate or misrepresent your affiliation with any person or entity
  11. Violate any applicable law or regulation
  12. Contact any person who has requested not to be contacted, or have unsolicited contact with any person for commercial purposes
  13. Stalk” or harass anyone in any way
  14. Collect personal data about users for commercial or illegal purposes
  15. Post false or irrelevant content, or repeatedly repost the same or similar content

We have the right to investigate and sue for the violations of any of the above, including intellectual property rights violations and security issues of the Services, to the fullest extent permitted by law. 

We may engage law enforcement authorities in prosecuting users who violate the Terms of Use.

 You acknowledge that Nshape has no obligation to monitor your access to or use of the Services, or to review and edit any Content, but has the right to do so for the purposes of operating the Services, to ensure your compliance with the Terms of Use, or to comply with the law, judgment or requirement of a court, administrative agency or any Other governmental institution. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, according to our judgment, considered to be a violation of the Terms of Use or harmful to the Services.

Disclaimer of Warranties 

you agree that use of the services is entirely at your own risk. as agreed ,the services are provided as “as is” and “as available”. the company makes no warranties that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected in case of an error. the company makes no warranties about the results that may be obtained by use of these services, or about the accuracy, quality or reliability of information obtained through the services. the company disclaims any warranties against viruses or other harmful components in connection with the services.

Limitation of Liability 

Under no circumstances  the Company or any of its affiliated entities will be liable for any damages arising, directly or indirectly, from any aspect of the use of the Application, the Content or the Services. You must assess and agree to bear the risks associated with the use of any Content, including those relating to reliance on the accuracy, completeness or usefulness of the Services. You specifically acknowledge that Nshape and its affiliates are not responsible for any defamatory or offensive conduct or illegally performed by users or third parties. In addition, under no circumstances  shall the Company or its affiliated entities be liable for any special, indirect, incidental, punitive or consequential damages, including, but not limited to, any loss of use, loss of profit, or Losses of data, costs of purchasing substitute products or services, or any other damages howsoever caused, and in the case of theoretical liability, whether due to breach of contract or damage (including negligence and strict liability) or otherwise resulting from :

  •  Use of or inability to use the Services
  •  The cost of purchasing alternative services, materials, or sites
  •  Unauthorized access to or modification of your data or communications
  •  Statements or actions of any third parties on the Services

 or any other matters related to the Services.

 

These limitations will apply whether or not Nshape has been informed of the possibility of such damages and notwithstanding any failure of any essential purpose of any limited remedy. you acknowledge that the stated disclaimer, exclusions, and limitations of liability are a basic basis of the agreement between you Nshape, and the ability of such disclaimers, the exclusions and limitations of liability will make the terms and conditions of these Terms of Use and your access to the Site and the Services fundamentally different.

Damage insurance

You agree to indemnify Nshape, and its directors, employees, agents and affiliates, and hold from any liability, damages, losses, claims and costs of any kind (including, without limitation, reasonable attorneys’ fees) related directly or indirectly to your breach for any of the Terms of Use, User Content you provide post or transmit it through the Services, or your use of the Services.

Termination and survival

 

Either party may terminate the Terms of Use for any or no reason at any time. You agree that after termination, you will no longer be able to access or use the Services. The provisions of the Terms of Use intended to survive such termination, including, but not limited to, provisions relating to disclaimers of warranties, limitations of liability, tort insurance and dispute resolution, will survive any termination of the Terms of Use and any termination of your use or subscription to the Services and will continue in effect Indefinitely.

 

Validity of the contract or validity of the remainder of the contract

If  the Terms of Use is found by a court or other binding authority to be invalid, you agree to make all attempts to enforce the parties’ intentions as described in such provision, and the remaining provisions of the Terms of Use will continue to have the same force and effect.

Conflict Resolution

You and Nshape agree to resolve any disputes between you. If you believe Nshape has not complied with the Terms of Use or you have a dispute with Nshape, please contact the Company using the contact information . We will do our best to address your concerns and try to resolve any disputes with you amicably.

Except as provided herein where you and the Company agree to resolve any disputes that we cannot resolve between us as described above through binding and final arbitration in lieu of court proceeding. All disputes, claims, counterclaims or other controversies arising between you and the Company relating to the application and the Services or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with the Egyptian Arbitration Law.

Contact information

If you have any questions or concerns regarding the Terms of Use, please contact us for support at Help@nshape.app