Terms of Service

Please be informed about our Terms of Services.

Please read these Terms of Service carefully before using the website of Exercise Animatic https://www.exerciseanimatic.com (referred to in this document as “Exercise Animatic”, “we”, “us”, “our”). These terms apply to all visitors, users, and others (collectively referred to as “users”) who have access to our services. Through our website, we may offer our services which include but are not limited to products, courses, software, tools, links, guides, alerts, signals (hereby collectively known as “services”). By using our website, you as a user hereby accept these terms and should cease using the website if you are not agreeing with any of the terms stated on this page.

1. ACCEPTANCE OF TERMS

You agree to and are bound by the Terms set forth below which we may publish from time to time. Anyone who is using our website and services is in agreement with our Terms of Service. This means that anyone who is accessing our website, using our services, sharing our content and material whether in the form of image, text, video, or illustration accepts our terms.

1.1. We may change and modify these terms depending on the situation from time to time. Your continued access or use of the website constitutes your acceptance of such changes. Your access and use of the website will be subject to the current version of the Terms of Service, Privacy Policy, rules, and guidelines posted on the website at the time of such use. Please regularly check the " Terms of Service" link on the home page of https://www.exerciseanimatic.com to view the current terms. If you breach any of the Terms, your license to access or use this website shall automatically terminate or will be restricted.

If you do not agree to all of the terms, rules, and conditions contained on this page, do not access or use our website or services.

2. ELIGIBILITY

2.1. Age Requirement

You must be over 13 in order to use our website and services. If you are under 13 then you are not authorized to use our website. This step has been taken in accordance to comply with the “Children’s Online Privacy Protection Act” or “COPPA.

2.2. Information Requirement

On our website, we offer a multi-level online place that is hassle-free, responsive, and quick. In order to make sure that all the functions of our service should be performed in an orderly manner we will need to collect certain information from our Users. To do so we may need to collect your full name, e-mail as well as other personal details and your website usage. Please know that the information you will provide during the registration process will only be used to provide our services and maintain your account and the information will be collected and used according to our website’s policies and terms. We use Stripe for all our payment collection. You can read further about it in our Privacy Policy.

2.3. USER ACCOUNT, LOGIN & PASSWORD

You’ll be asked to register for an account with your e-mail where you will have to provide your e-mail and password. Together this information is used to access your account. It’s your responsibility to keep your login information confidential and you’re responsible for any activity that happens under your account whether or not you authorized it. If you believe that your account has been accessed by an unauthorized person, please contact us through the chat.

2.4. Where we provide you with the option to select your login information, including a password, we recommend that you supply login information unique to your use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your login information to any third party.

2.5. You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect, or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

2.6. We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account or any unauthorized disclosure of your login information.

3. SCOPE AND PURCHASE OF OUR SERVICES

Through our website, we offer pay at checkout services in fitness plans, videos, illustrations, pictures and photographs, animation, exercise plans, and other valuable information. Everything subsequent information related to the above-mentioned terms are also covered.

4. PAYMENT METHODS

We currently are using the Stripe platform for our payments which is a secure payment gateway for payment of any kind of monetary transaction. Exercise Animatic is contractually bound by terms and conditions of any such third-party payment gateway and will act in accordance with the same, should any discrepancies arise in your transactions relating to the same.

You are responsible for providing complete and accurate billing and contact information to the Stripe platform through our website.

5. SERVICES DISCLAIMER

The services and tools, animations, and products of Exercise Animatic are made available “as is,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, non-infringement, or otherwise, all such warranties being expressly disclaimed. To the extent allowed by law, neither Exercise Animatic’s website nor any of its brand partners, merchants, vendors, service providers, information providers, licensors, employees, officers, directors, members, assignees, or agents shall have any liability for incidental, consequential, indirect, exemplary, punitive, or special damages suffered by you or any other party arising out of or related to your use of our services and website, services, or your purchase of services or products from the seller via our website or any other way.

6. ACKNOWLEDGMENT BY THE BUYER

By using our services and being a member of our website you acknowledge that the presence, use, provision, or performance of services or participation in activities on or about our plans or animations may expose the buyer to certain risks including injuries, accidents fall, muscle strains, property damage, physical damage, or other harm could occur to the buyer, kids, pets or others in the area. It is further stated that the buyer is voluntarily participating in activities related to our services, animations, exercise plans with knowledge and acceptance of the substantial risks, hazards, and other dangers involved. The buyer and user of our services hereby accept any and all risks of injury (including death) arising out of or in any way connected with the activity, utilization, handling, or usage of all services delivered by us.

7. COPYRIGHTS OF EXERCISE ANIMATIC

We own and maintain the intellectual property rights of the designs, logos, photographs, animations, content created by us or through us, and all data on our website. You are not allowed to reproduce, distribute, modify, transmit, display or show our content or anything similar to our content, in whole or in part without written permission from the rightful intellectual property right owners. The source code, logos, words, design, videos, samples, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through our website is our property and is protected by International intellectual property laws.

7.1. If you have downloaded and used our website, services, program, product, or subscription or otherwise entered into a separate agreement with us you will also be subject to the rules and regulations of that separate contract or those terms or conditions, which shall prevail in the event of a conflict. Making any business deals on behalf of our company and website is prohibited unless approved by the CEO of our company and website. In any case, the CEO, affiliates, or anyone related to Exercise Animatic will not be held responsible if someone without authorization from us deals with anyone.

8. LICENSES

We offer two types of licenses for you to use , these are: Non-Exclusive Commercial License (N-ECL) and Non-Exclusive Business 2 Business License (N-EB2BL). For all this Licenses, You will still have to purchase the videos you are going to use, unless your subscription plan says otherwise.

8.1. The Non-Exclusive Commercial License (N-ECL) is granted ONLY for the non-watermarked Media you buy using the Download button; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted. For this license you pay for the Media only once and then you can use it as many times as you like, with just a few restrictions:

You can't re-sell, or re-distribute items;
You can't produce or reproduce content, Android or iOS mobile applications, specialized fitness websites, video channels or use in marketing which are aimed for any or all your clients.
You can't use items in on-demand services;
You generally can't use items as the basis for merchandising. For example, printing a logo from Exercise Animatic straight onto a T-shirt is not allowed.
You can't use in products(both physical or digital) destined for resale(i.e. eBooks, books, image or video products).
You can't use to produce NFTs or to exploit in any way in the Crypto world.
You can't use digital items in a Broadcast presentation.
You can't post, distribute or sell them on stock digital content websites.

In other words, there are no license fees except the initial fee to be paid except those included in the initial cost.

8.2.1. Non-Exclusive Commercial License OR ''N-ECL'' is the license you need when you want to produce content for sale and any attempt of monetizing with the use of our digital files. You can ALSO receive this license when you subscribe to our monthly subscription and stays active as long as you stay subscribed on our subscription plan.

What you can do with N-ECL

8.2.2. You generally CAN use items as the basis for merchandising. For example, printing a logo from Exercise Animatic straight onto a T-shirt IS allowed.

8.2.3. You CAN use in products(both physical or digital) destined for resale like eBooks, books, images or video products like whiteboard & animated explainers, video editing, short and long video ads, animated gifs, animated logos, videos for streamers, Live action explainers, E-Commerce product videos, E-learning video production, Corporate videos, slideshow videos, video marketing, email marketing, .

8.2.4. The following are restrictions on N-ECL

You can't re-sell, or re-distribute items.
You can't use items in on-demand services.
You can't produce or reproduce content, Android or iOS mobile applications, specialized fitness websites, video channels or use in marketing which are aimed for any or all your clients.
You can't use to produce NFTs or to exploit in any way in the Crypto world.
You can't use digital items in a Broadcast presentation.
You can't post, distribute or sell them on stock digital content websites.

8.3.1. Non-Exclusive Business 2 Business License OR N-EB2BL is the License you need for your business that produces content, Android or iOS mobile applications, specialized fitness websites, video channels or for marketing which are aimed for all your B2B needs. This means that your Business will be eligible to reproduce our Exercise Videos in order to cover any and all of your clients through your products.

What you can do with N-EB2BL

8.3.2. You generally CAN use items as the basis for merchandising. For example, printing a logo from Exercise Animatic straight onto a T-shirt IS allowed.

8.3.3. You CAN use in products(both physical or digital) destined for resale like eBooks, books, images or video products like whiteboard & animated explainers, video editing, short and long video ads, animated gifs, animated logos, videos for streamers, Live action explainers, E-Commerce product videos, E-learning video production, Corporate videos, slideshow videos, video marketing, email marketing.

8.3.4. The following are restrictions on N-ERL:

You can't use to produce NFTs or to exploit in any way in the Crypto world.
You can't use digital items in a Broadcast presentation.
You can't post, distribute or sell them on stock digital content websites.

**Notice:

By purchasing OR downloading our videos via any of your subscription plan you receive a Non-Exclusive Commercial License to use your videos in your projects. You do not get transferred any Copyrights.
By purchasing any of our digital content, including videos, images, gifs and other. You accept all the above license allowances and restrictions. Any failure to comply allows us to revoke your license rights and your use of your purchased downloaded digital content.

9. LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT

9.1. Unless expressly stated otherwise, all individuals (including their names and images), third-party trademarks and content, services, and/or locations featured on this Website are not associated, linked, or affiliated with Exercise Animatic, and you should not rely on the existence of such a connection or affiliation. Any trade marks/names shown on this Website are the property of their respective owners. When a trade mark or brand name is mentioned, it is purely to describe or identify the products and services and is not intended to imply endorsement by or affiliation with Exercise Animatic.

10. COPYRIGHT INFRINGEMENT

We do not permit the infringement of our content's copyright. Without our express consent or a legally acceptable cause, using our copyrighted content may be a violation of our policies.

Simultaneously, not all unauthorized uses of copyrighted information are considered an infringement. Under some cases, exceptions to copyright infringement, such as the fair use doctrine or other relevant legislation, permit the use of copyrighted work.

10.1. Suspension or Termination of Account

Any user who infringes our copyright policies may be suspended. The account may be suspended or canceled if there are numerous copyright breaches associated with the usage of our site or if the account violates any other provision of the Terms of Service. We have the right to deny any account holder whose account has been used in an inappropriate manner the opportunity to establish a new account on our site or through any service hosted by us. We reserve the right to terminate any user account at any time and for any reason, without prior notice. This may occur if the user violates our Terms of Service, including but not limited to, spamming, hacking, provoking or illegal activities. However, it may also occur without any specific reason. The user acknowledges that the service is not liable for any loss or damage resulting from the termination of the account and that all information and data may be permanently deleted. By using our service, the user agrees to these terms of account termination without notice.

10.2. Copyright Infringement Notification

We will alert you of the Copyrighted content that you are violating and will demand that you immediately cease and desist.

Failure to heed our warning will result in our filing a lawsuit seeking a court order to remove the content in accordance with the United States' Digital Millennium Copyright Act (DMCA) or comparable legislation in other countries.

11. LEGALITY OF SERVICES

All of our services shall be used in accordance with laws which have been in place for the time being. Our website will also be in compliance with all the rules and terms stated on this website and third-party service providers (e.g.; Facebook, YouTube, Instagram). All of our services will be accessible through our website. We have made sure all the relevant information along with our Terms, rules, and policies about our services is available through our website. We advise the visitors to contact us in case of any conflict.

12. AUTHORITY OF EXERCISE ANIMATIC

At any time, we reserve the right to ban or revoke access to our website by any user without notice. All communication posted to the website shall and can be reviewed by admin with the agreement being terminated by the website for conduct in contravention of the guidelines set out below. These guidelines state that the user cannot use the website to:

Engage in illegal activity.
Transmit material through the comment section or through other ways that are in breach of the law or breach of the terms set out herein.
Transmit material through the comment section that is defamatory and/or identifies an individual in a defamatory way.
Transmit material which is offensive, profane, pornographic, illegal, or otherwise inappropriate.
Conduct data mining via the use of additional software or via any other practice.
Submit links to material that is offensive, profane, pornographic, illegal, defamatory, or otherwise inappropriate.
Harass, defame, threaten, or intimidate another individual or entity.
Send any unsolicited advertising or promotional material (often known as "spam");
Tamper with the performance or functionality of any computer facilities on this website or accessed through it.

12.1. Breaching this clause is a criminal act, and Exercise Animatic will report any such violation to the appropriate law enforcement authorities, as well as reveal your identity.

We will not be liable for any loss or damage resulting from a distributed denial-of-service attack, viruses, or other technologically harmful material infecting your computer equipment, computer programs, data, or other proprietary material as a result of your use of this website or your downloading of any material posted on it, or on any website linked to it.

13. HEALTH DISCLAIMER

Exercise Animatic is not a medical organization and cannot – and does not – give you medical advice or a medical diagnosis. Nothing contained in our website or services should be construed as medical advice or a medical diagnosis. Any information and reports generated by our services or website should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one’s own condition. Participating in any type of sports has an inherent risk of injury. The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described through our animations and services. Any text, pictures, and description set forth in this description or details of our products or in-person services is for informational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques) and does not advise that you or any other User undertake or perform any particular technique or exercise. You agree that you will not undertake or perform any exercise or technique described on the description of our services or otherwise Exercise Animatic until and unless you consult with and are cleared by a medical doctor in relation to such participation. All users of our services and website of Exercise Animatic specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen.

14. MEDICAL LIABILITY DISCLAIMER

By purchasing and using our services, you acknowledge and confirm that you assume full responsibility for any and all damages, injuries, or losses that you may sustain or incur if any while attending or participating in any exercise programs, sport, or physical activity. You waive all claims against Exercise Animatic its officials and employees, for any and all claims for injuries or damages that you might sustain. You also understand that there is a risk of injury associated with participating in any exercise program or sports activity and you certify that you are in a good physical condition and have no known disabilities that might otherwise be detrimental to your health or well-being.

15. INDEMNIFICATION AND RELEASE OF CLAIMS

The buyer to the fullest extent permitted by law, shall indemnify, defend, hold harmless, protect and defend the owner, manufacturer, seller, distributor, affiliate, or anyone associated with Exercise Animatic from and against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses, including (but not limited to) attorney fees, arising out of or resulting from any cause of action for any reason whatsoever including but not limited to the negligence or misconduct in connection with participation in the usage of our services. Should any such claim, demand, or lawsuit arise or be asserted in any way whatsoever related thereto, whether arising under the laws of the United States, any state, or under the law of any other country whatsoever, the buyer will, indemnify, hold harmless and defend the owner, manufacturer, seller, partner, distributor, affiliate or anyone associated with us from any and all costs, expenses, or liability including but not limited to the cost of any settlement or judgment made or rendered against the owner, manufacturer, seller, partner, distributor, affiliate or anyone associated with our website in any way. Your use of the services and your reliance on any kind of information is solely at your own risk. We will not be held responsible or liable in any way for the information or services that you request or receive through our website. By buying our services you as a consumer do hereby indemnify us from all claims that may result in any of the conditions stated above.

16. ERRORS AND INACCURACIES

Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted and to change or update information at any time without prior notice.

17. TIME LIMIT FOR FILING USER CLAIMS.

User agrees that, notwithstanding any other statutes of limitations, all claims against Exercise Animatic are barred if not initiated within one year of the last date of service provided by Exercise Animatic to User, or the date of the act or omission giving rise to the claim, whichever occurs first. When Exercise Animatic receives a formal demand for arbitration of a claim, the dispute is "started." If the arbitration provisions of this contract are found to be inapplicable or unenforceable with respect to such claim, the claim is not "started" until Exercise Animatic is served with a Summons and Complaint.

18. MANDATORY ARBITRATION.

User and Exercise Animatic agree that any claims made by User against Exercise Animatic regarding this contract or the property care services supplied by Exercise Animatic shall be addressed through mandatory binding arbitration. This arbitration obligation applies to all claims, regardless of their legal basis, including claims based on contract, tort, strict responsibility, fraud, or statutory provisions. The arbitration will take place in ________________, and will be governed by the American Arbitration Association's Commercial Arbitration Rules.

19. GOVERNING LAW / VENUE.

If the arbitration provisions of this contract are found to be invalid or unenforceable with respect to any claim made by User against Exercise Animatic, any litigation between User and Exercise Animatic shall be governed by ____________ law and resolved exclusively in the State or Federal courts located in ______________. The User consents to the exercise of personal jurisdiction over and venue in ________________. The User explicitly waives any right to a jury trial in any dispute with Exercise Animatic.

20. ATTORNEYS FEES.

If User brings a lawsuit or arbitration against Exercise Animatic for violating the terms of this Agreement, or if Exercise Animatic brings a lawsuit or arbitration against User to enforce Exercise Animatic's rights under the terms of this agreement, User agrees to pay Exercise Animatic's litigation / arbitration costs, including attorney fees, incurred in successfully enforcing the terms of this Agreement.

21. CLASS ACTION WAIVER.

TO THE FULLEST EXTENT PERMITTED BY LAW, USER EXPRESSLY WAIVES ALL RIGHTS TO SEEK DAMAGES AS A CLASS MEMBER OR AS A MEMBER OF A PLAINTIFF GROUP IN ANY CLASS ACTION. USER AND EXERCISE ANIMATIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A MEMBER OF A CLASS OR AS PART OF A REPRESENTATIVE OR CLASS ACTION. WITHOUT THE EXPRESS WRITTEN CONSENT OF EXERCISE ANIMATIC. THE USER WILL NOT CONSENT TO THE CONSOLIDATION OF HIS OR HER CLAIMS WITH THE CLAIMS OF ANY OTHER USER OR GROUP OF USERS.

22. COMPLETE AGREEMENT

The foregoing Terms of Service represent the parties' complete agreement and replace any and all prior or contemporaneous agreements between you and Exercise Animatic. Any waiver of any provision of the Terms of Service shall be effective only if signed by a Director of Exercise Animatic.

23. CHANGES AND AMENDMENTS IN TERMS OF SERVICE

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. The users are encouraged to visit the Terms of Services page regularly to keep themselves informed of new modifications or updates. What is deemed a material and immaterial change shall be within the discretion of the website.

If you have questions or comments about this Terms and Conditions, please contact us at:

contact@exerciseanimatic.shop