Terms of Service

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. 

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  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 & DATA

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  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.

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​   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.

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  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.

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  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.

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  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.

  2.7. TRACKING & ANALYTICS 
2.7.1. Consent to Data Collection. By accessing or using our website and services, you acknowledge and agree that we (and our third-party service providers) may automatically collect technical and usage information about your device and your use of the Site. This information may include, without limitation, IP address, device type and characteristics, browser settings, pages viewed, referring URLs, session duration, and clickstream data. 

2.7.2. Use of Cookies and Similar Technologies. We and our service providers (including Google LLC) use cookies, pixel tags, local storage, and similar technologies (collectively, “Tracking Technologies”) to:

• Analyze how users find, access, and interact with our Site (e.g., Google Analytics);

• Measure and optimize the performance of our advertising campaigns (e.g., Google Ads conversion tracking); and

• Remember your preferences and settings.
   

2.7.3. Google Analytics. We have implemented Google Analytics 4 (“GA4”) to understand Site usage and performance. GA4 collects data such as page views, user sessions, geographic location, and device information. You can opt out of Google Analytics data collection by installing the Google Analytics Opt-Out Browser Add-On, available at https://tools.google.com/dlpage/gaoptout.​

2.7.4. Google Ads Conversion Tracking. We use Google Ads conversion tracking to measure the effectiveness of our marketing efforts. Google may combine information collected via these tags with other data they hold. To opt out of personalized advertising from Google, please visit https://adssettings.google.com/.

2.7.5. Do Not Track. If your browser supports a “Do Not Track” (“DNT”) signal and you have enabled DNT, our Site will respect that setting and will not execute our analytics or advertising scripts.

2.7.6. Data Retention. Analytics data collected via GA4 is retained for 14 months by default, after which it is automatically deleted from Google’s servers unless you configure otherwise in your Google Analytics settings.


 

2.8 Trustpilot Reviews and Third-Party Review Platforms
 

2.8.1 Third-Party Review Integration. We use third-party review platforms, including Trustpilot, to collect, publish, and manage customer reviews of our services. By interacting with our review features or by responding to an invitation to submit a review, you acknowledge and agree that Trustpilot and other third-party review providers may collect and process personal data about you in accordance with their terms and privacy policies.
 

2.8.2 Cookies and Tracking. Trustpilot and other third-party review services may place cookies, web beacons, or similar technologies on your device in order to deliver and verify review invitations, prevent fraud, and measure the performance of review-related features. These cookies may be separate from those we operate. For details on the cookies we and our partners use, and on how to manage your cookie preferences, see our Privacy Policy.
 

2.8.3 User Consent and Opt-Out. By using our website, submitting a review, or accepting a review invitation, you consent to the placement of third-party cookies necessary for those services. If you do not consent, you should not submit a review and may opt out of personalized advertising and certain analytics as described in our Privacy Policy. For questions about how Trustpilot processes data or to exercise rights specific to reviews, please consult Trustpilot’s Privacy Policy and Terms of Use.
 

2.8.4 Content Ownership and License. By posting a review on or through our website, you grant us and the applicable third-party review platform a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, publish, translate, distribute, and display your review, in any media now known or later developed, for the purposes of operating, promoting, and improving our services. You represent and warrant that you own or control all rights to the content you submit, and that the content does not violate these Terms.
 

2.8.5 Prohibited Content. You agree not to post reviews that are unlawful, defamatory, obscene, abusive, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. We reserve the right, but have no obligation, to remove, edit, or refuse to publish any review that violates these Terms or our content guidelines.

 

2.8.6 Rating-Only Submissions. Reviews consisting solely of a star rating without any written feedback may be excluded from publication on our website. Written feedback helps other customers understand the reviewer’s experience and gives Exercise Animatic a meaningful opportunity to identify concerns, provide assistance, and improve its products and services.

This policy shall be applied consistently to all rating-only submissions, regardless of whether the rating is positive, neutral, or negative. A review will not be withheld, edited, or removed solely because it expresses dissatisfaction, contains criticism, or awards a low rating.

Where appropriate, Exercise Animatic may contact the reviewer privately to confirm whether the selected rating was intentional, request further information, or offer assistance with an unresolved issue. Reviewers will not be required or pressured to change an honest rating or remove legitimate criticism.

Rating-only submissions excluded under this policy will not be presented as published customer reviews or included in any rating displayed on our website. Reviews hosted independently by third-party platforms remain subject to the publication, moderation, verification, and dispute procedures of those platforms.

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2.8.7 Accuracy and Disputes. We do not guarantee the accuracy, completeness, or truthfulness of reviews published on our site. Reviews reflect the views of their authors and not necessarily our views. If you believe a posted review is fraudulent, defamatory, or otherwise violates the law, please contact us at contact@exerciseanimatic.shop and we will investigate in accordance with our policies and applicable law. Where disputes concern the processing or verification of reviews by Trustpilot, those matters will be subject to Trustpilot’s dispute resolution processes and terms.
 

2.8.8 Limitation of Liability. To the fullest extent permitted by law, we are not responsible for the content, accuracy, or legality of user reviews or for any actions taken by third-party review platforms. We do not endorse the content of any third-party reviews, and we disclaim all liability arising from the publication or use of such reviews.
 

2.8.9 Data Controller and Third-Party Policies. Trustpilot and other third-party review platforms may act as independent data controllers or processors in relation to the data they collect. For details about how Trustpilot processes personal data and your rights in relation to Trustpilot’s processing, please see Trustpilot’s Privacy Policy and Terms of Use at https://www.trustpilot.com/privacy and https://www.trustpilot.com/terms.
 

2.8.10 Changes. We may modify our use of third-party review platforms from time to time. Any material changes affecting how reviews or review-related data are handled will be reflected in this Terms document and in our Privacy Policy.
 

  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 an SSL 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. LICENSE

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Definitions

Content means all videos, exercise animations, illustrations, images, metadata, spreadsheets, documents and any other digital assets created and supplied by Exercise Animatic.

Licensee means the individual, company or legal entity purchasing or otherwise receiving a license from Exercise Animatic.

Product means any application, website, software, platform, online service, course, presentation, publication or other project into which the Content is incorporated.

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Exercise Animatic grants customers a Non-Exclusive Business-to-Business License (N-EB2BL) with eligible purchases, including the Ultimate Bundle, unless otherwise stated on the product page at the time of purchase.
 

The N-EB2BL is a perpetual, non-exclusive, worldwide and royalty-free license that allows the Licensee to use Exercise Animatic Content in commercial and business projects, subject to these Terms of Service.

Ownership, title and all intellectual property rights in the Exercise Animatic Content remain the exclusive property of N.C.A. Health & Wellness LTD.

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Ownership and copyright of all Exercise Animatic content remain with N.C.A. Health & Wellness LTD.

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  8.1. Permitted Uses

The N-EB2BL allows you to use the purchased content in commercial projects, including but not limited to:

• iOS and Android mobile applications

• Subscription-based fitness applications

• Websites and online platforms

• Personal trainer and coaching platforms

• Gym and rehabilitation software

• Educational platforms and e-learning courses

• Corporate presentations

• Marketing and promotional materials

• Social media content

• YouTube videos

• Digital products that incorporate the Exercise Animatic content as part of a larger product or service

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The license applies to both Business-to-Business (B2B) and Business-to-Consumer (B2C) products and services.

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  8.2. Permitted Modifications

You may modify the purchased content as required for your project, including:

• Cropping and resizing

• Video compression and transcoding

• Creating thumbnails and poster images

• Background replacement using the supplied green screen videos

• Colour correction and visual adjustments

• Adding your own branding or company logo

• Combining the content with your own software, graphics, text or user interface

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These modifications do not transfer ownership or copyright of the original Exercise Animatic content. Any modified, edited or adapted version of the Content remains subject to this License and these Terms of Service.

 

  8.3. Artificial Intelligence

You may use Exercise Animatic Content within applications or platforms that include Artificial Intelligence features, provided the Exercise Animatic Content is displayed only as licensed visual media.

Exercise Animatic Content may not be uploaded, supplied, analysed, or otherwise used to train, fine-tune, develop, improve or generate output from any Artificial Intelligence model, Large Language Model (LLM), or other generative Artificial Intelligence system.

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This restriction does not prohibit applications that use Artificial Intelligence features, provided the Exercise Animatic Content is displayed only as licensed visual media and is not supplied to the Artificial Intelligence system for training or content generation.

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  8.4. Restrictions

The following uses are not permitted:

• Selling, licensing or redistributing the original Exercise Animatic files as standalone assets.

• Creating, marketing or distributing any product or service whose primary purpose is to compete with Exercise Animatic by redistributing substantially similar exercise videos, illustrations or digital assets.

• Uploading or supplying Exercise Animatic content to Artificial Intelligence platforms for training, fine-tuning or content generation.

• Selling or distributing the content through stock media or digital asset marketplaces.

• Creating NFTs or blockchain-based assets using the Exercise Animatic content.

• Allowing end users to download or extract the original Exercise Animatic files from your product or service.

• Claiming ownership or authorship of the original Exercise Animatic content.

• Any use not expressly permitted under this License is prohibited unless prior written approval has been obtained from Exercise Animatic.

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   8.5. Broadcast

The broadcast restriction applies only to traditional television, cable, satellite or similar broadcast media unless separately licensed.

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This restriction does not prohibit the use of Exercise Animatic content on websites, mobile applications, social media platforms, YouTube, webinars, online courses, or other internet-based services permitted under this license.

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  8.6. Business Transfers

• If the licensed business is sold through a share sale and remains the same legal entity, the License shall remain valid.

• If the licensed assets are transferred to a different legal entity, the License does not automatically transfer.

• Please contact Exercise Animatic before the transfer so that we may review the transaction and provide written approval where appropriate. Such approval will not be unreasonably withheld where the transfer forms part of a genuine sale of the business or its assets.

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  8.7. Copyright

All Exercise Animatic videos, illustrations, animations, images, metadata and other digital content remain the intellectual property of N.C.A. Health & Wellness LTD. 

 

No ownership, title or intellectual property rights are transferred to the Licensee except for the limited license expressly granted under these Terms of Service.

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Nothing in this License transfers ownership, title or any intellectual property rights in the Exercise Animatic Content except for the limited licence expressly granted under these Terms of Service.

 

  8.8. Order of Precedence

In the event of any inconsistency or conflict between these Terms of Service and the License Page, Checkout Terms, FAQs, marketing materials, emails or any other published documentation, these Terms of Service shall prevail.

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The License Page is intended as a summary of the applicable licensing rights and permitted uses.

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Any written licensing clarification or approval issued by the Chief Executive Officer (CEO) or an authorised Director of N.C.A. Health & Wellness LTD shall apply only to the specific customer or transaction to which it relates and shall not constitute a general amendment to these Terms of Service unless subsequently published by N.C.A. Health & Wellness LTD.

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  Notice:

1. By purchasing any Exercise Animatic product, you receive the license specified on the product page at the time of purchase. Unless otherwise stated, purchases of the Ultimate Bundle include the Lifetime Non-Exclusive Business-to-Business License (N-EB2BL).

2. Purchasing a license grants you the right to use the content in accordance with these Terms of Service. It does not transfer ownership or copyright of any Exercise Animatic content. All copyrights and intellectual property remain the property of N.C.A. Health & Wellness LTD.

3. By purchasing, downloading, or using any Exercise Animatic digital content, including videos, illustrations, images, metadata, and other digital assets, you acknowledge and agree to these Terms of Service and the applicable license conditions.

4. Exercise Animatic reserves the right to suspend or terminate a License where the Licensee materially breaches these Terms of Service, including but not limited to unauthorised redistribution, copyright infringement, or any other prohibited use of the Content.

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  8.9. Reservation of Rights

All rights not expressly granted under this License are reserved by N.C.A. Health & Wellness LTD.

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  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.

 9. 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:

1. Engage in illegal activity.

2. 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.

3. Transmit material through the comment section that is defamatory and/or identifies an individual in a defamatory way.

4. Transmit material which is offensive, profane, pornographic, illegal, or otherwise inappropriate.

5. Conduct data mining via the use of additional software or via any other practice.

6. Submit links to material that is offensive, profane, pornographic, illegal, defamatory, or otherwise inappropriate.

7. Harass, defame, threaten, or intimidate another individual or entity.

8. Send any unsolicited advertising or promotional material (often known as "spam");

9. Tamper with the performance or functionality of any computer facilities on this website or accessed through it.

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  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, videos, animations, 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.

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  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 Nicosia, Cyprus 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 Cyprus law and resolved exclusively in the courts of the Republic of Cyprus located in Nicosia. The User consents to the exercise of personal jurisdiction over and venue in Nicosia, Cyprus. 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 & PRIVACY POLICY

 23.1. We reserve the right, at our sole discretion, to modify or replace the Terms of Service or Privacy Policy at any time. The users are encouraged to visit the Terms of Services and Privacy Policy pages 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.
 23.2. Incorporation by Reference. Our Privacy Policy, which is incorporated herein by reference, describes in detail how we collect, use, disclose, and retain your personal information. You agree to all practices described in our Privacy Policy.
 23.3. Modifications. We reserve the right to modify these Terms of Service and our Privacy Policy at any time. Any changes will be effective upon posting the updated Terms or Privacy Policy, and the “Last Updated” date at the top of each document will reflect the date of the latest revision. Your continued use of the Site after such changes constitutes your acceptance of the revised Terms and Privacy Policy.

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CONTACT US

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

contact@exerciseanimatic.shop