Terms and Conditions

1. About Us

1.1 BodyMuse's Platforms ("Platforms" means website https://bodymuse.app (the "Site"); mobile applications (each an "App", collectively "Apps"), and any related documentation, services; any images, logos, music, photographs, and video content that are incorporated into and form part of our Apps ("App Content")) are owned, operated, and managed by AppFlows Teknoloji Anonim Şirketi ("we" / "us" / "our"), a private company whose registered office is at:

Registered Address:
Pınarbaşı Mah. Hürriyet Cad. Akdeniz Üniversitesi Uluğbey AR-GE 2
No: 3 A İç Kapı No: B33
Konyaaltı/Antalya
Postal Code: 07070

1.2 We can be contacted by writing to AppFlows Teknoloji Anonim Şirketi at the above address, or by e-mail at bodymuseapp@gmail.com.

2. Introduction

These terms of use ("Terms") constitute an agreement between you and us regarding your use of our Platforms.

Mobile Network Charges

Any terms you have with your respective mobile network provider ("Mobile Provider") continue to apply and you may be charged by the Mobile Provider for access to network connection services. You will be solely responsible for any costs and charges.

Device Usage

If you use our Platforms on any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.

Key sections to pay attention to:

• Conditions of use of our Platforms (Section 6)
• Acceptable use requirements (Section 8)
• Our liability limitations (Section 13)
• Termination conditions (Section 21)

3. Registration

In order to make full use of our Platforms, you may be required to register for an account ("Account").

Your Responsibilities:

• You acknowledge and agree that the information provided by you is true, accurate, and correct
• You agree to promptly notify us in writing of any changes to your information
• Your login details are for your own personal use only
• You must keep your login details confidential and secure
• Sharing your login details with any other person is strictly prohibited

Security Breaches

You must notify us immediately if you suspect or become aware of any unauthorized use of your login details or any breach of our security by emailing bodymuseapp@gmail.com and giving details of the unauthorized use or breach.

4. Our Platforms

Our Platforms include our Site, "BodyMuse" app, and any other related apps or services we may offer.

5. Availability

We will use reasonable endeavours to ensure that our Platforms are available for download and use at all times. However, our Platforms are provided over the internet and mobile networks, and their operation and availability may be affected by factors outside of our control at any time for any reason.

6. Conditions of Use

In return for your agreeing to comply with these Terms, you may:

• Download our Apps onto a device and view, use, and display our Apps on the device for your personal purposes only
• Use any related documentation to support use of our Apps as permitted by these Terms
• Receive updates to the software code of our Apps via the app store that you downloaded our Apps from – these may incorporate patches and corrections of errors as we may provide to you

App Store Terms: The ways in which you can use our Apps may also be governed by the terms of the app store that you downloaded our Apps from. In the event of a conflict between these Terms and the terms of the app store, the app store terms shall take priority.

7. Restrictions

Unless you have requested and received our prior written consent or unless expressly permitted in these Terms, you must not:

1. Copy our Apps except as part of normal use or for back-up/operational security
2. Modify or translate our Apps in whole or in part, or combine or merge our Apps with any other object code or program
3. Reverse engineer, decompile, disassemble, reduce the object code of our Apps to source code form, or create derivative works
4. Distribute, sub-license, assign, share, time-share, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our Apps
5. Remove, modify, block, disable, obscure, or impair any copyright, trademark, or other proprietary notices
6. Incorporate our Apps into another service or website or make them available via framing or mirrors
7. Extract any data or metadata from our Apps nor create any index or database incorporating any part of them
8. Circumvent, disable, or otherwise interfere with security-related features of our Apps
9. Do anything that may cause damage to our Apps
10. Carry out any harmful or illegal activities using our Apps
11. Use our Apps in any manner not expressly authorized by these Terms
12. Use any robot, spider, or other automated device or process to access the Site for any purpose
13. Publish, post, upload, or distribute user content or content that is illegal or that you don't have permission to freely distribute
14. Use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, exploits, cheats, or any other hacking, altering, or cheating software or tool
15. Modify any file or any other part of the Platforms that we do not specifically authorize you to modify

8. Acceptable Use

You must:

• Not use our Platforms in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously (for example, by hacking into or inserting malicious code such as viruses, or harmful data into our Apps or into any operating system)
• Not infringe any rights (including intellectual property rights) belonging to us or any third party in relation to your use of our Platforms
• Not transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of our Platforms
• Not use our Platforms in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users
• Comply with any applicable third-party terms and conditions in respect of your use of our Platforms
• Not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from our servers

9. Medical Disclaimer

You are solely responsible for your own health. The App "BodyMuse" is offered for informational purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition.

NOTHING WITHIN THE SERVICES PROVIDED BY THE APP "BodyMuse" IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED AS A SUBSTITUTE FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS.

WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO FITNESS EDUCATION AND RELATED MATERIALS.

10. Fees

Once you have installed our Apps, you can select the subscription that you would like in order to use each App. Subscriptions are available on a weekly, monthly, annual, and lifetime basis, and further details of each type of subscription and its cost are detailed within the App.

App Content may be made available via in-app purchasing.

All transactions between you and us are handled via the app store from which you downloaded the App.

11. App Content

The App Content may include trademarks or copyright material owned by us or third parties. The App Content includes the images, logos, music, photographs, and video content that are incorporated into and form part of our Apps. The term "App Content" also includes any part of any of the App Content, or any assemblage, deviation, manipulation, modification, screen print, or copy of, or derivative work based on or including any of the App Content.

12. Intellectual Property Rights

All intellectual property rights in our Platforms throughout the world belong to us and our licensors, and the rights in our Platforms are licensed (not sold) to you. You have no intellectual property rights in, or to, our Platforms other than the right to use them in accordance with these Terms.

13. Liability

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable ("Foreseeable Losses"). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

13.2 Subject to this paragraph 13, we limit our aggregate liability for Foreseeable Losses arising out of or in connection with these Terms, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, in any calendar year to the greater of (i) 100% of the fees paid and payable by you to us in respect of the Platforms in such calendar year or (ii) €50.

13.3 Subject to this paragraph 13, circumstances giving rise to loss or damage which is not foreseeable include but are not limited to:

• Any use of our Platforms in a manner that we do not authorize
• Ending, suspending, or restricting use of our Platforms in accordance with these Terms
• Any loss or damage caused by us in circumstances where there is no breach of contractual obligation or legal duty owed to you by us
• Any loss or damage (including to any device or content belonging to you) caused by us to the extent that such loss or damage results from your negligence, your failure to follow our reasonable instructions, or any other breach of these Terms
• Any loss or damage caused by any error, bugs, or viruses arising in your use of our Platforms that are not directly caused by or attributable to our Platforms
• Any breach of paragraphs 7 or 8 by you

13.4 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge.

13.5 Our Apps are for domestic and private use only. If you use our Apps for any commercial, business, or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.6 You agree that you will compensate us for any losses (including reasonable legal fees) that we incur as a result of any breach of paragraphs 7 or 8 by you.

14. Your Privacy

We only use any personal data we collect through your use of our Platforms in the ways set out in our Privacy Policy.

By using our Platforms, you agree to us collecting and using technical information about the devices you use our Platforms on, and related software, hardware, and peripherals, to improve our products.

15. Third-Party Websites

You acknowledge that our Platforms may contain links to third-party websites (whether by way of advertisements or otherwise) that are not owned or controlled by us. Such links are provided for your reference only. We do not control such websites and are not responsible for the contents or your use of them, and, as a result, we do not accept responsibility for the availability, suitability, reliability, or content of such third-party websites.

Our inclusion of such hyperlinks in our Platforms does not imply any endorsement of the material or the views expressed within them.

16. Support

If you think our Platforms are faulty or misdescribed, please contact us using the details provided in paragraph 1.

If we have to contact you, we will do so by email, using the contact details you have provided to us.

17. Advertising and Monetisation

You acknowledge that our Apps and the App Content may be supported by advertising revenues, and we may place advertising, promotions, or sponsored content on our Apps or on, about, or in conjunction with the App Content. You acknowledge that we may not always identify advertising, promotions, and sponsored content, and the manner, mode, and extent of such advertising, promotions, and sponsored content is subject to change without notice to you.

We may, at our sole discretion, provide the ability to pay to remove advertisements via the settings menu within our Apps.

18. Changes to Our Platforms

From time to time, we may automatically update our Platforms to improve performance, enhance functionality, reflect changes to the operating system, or address security issues.

Changes to our Apps will not prevent our Apps from working with the versions of the operating system shown on the app store from which you downloaded the Apps.

19. Changes to These Terms

These Terms may only be modified with our prior written consent. We may alter or amend these Terms, including introducing new terms, that are:

• The result of a change in applicable law or our business
• Necessary for the provision of our Platforms
• The result of any improvements to our Platforms

Subject to this paragraph, if we make any changes (including any changes to our policies), we will give thirty (30) days' prior written notice to you via electronic communication within our Apps. If you notify us in writing within the thirty (30) days that you do not accept the change, these Terms will terminate immediately. However, if you continue to use our Platforms after providing such notice or after the thirty (30) day period, you are accepting these Terms as updated.

We are under no obligation to notify you of any changes to these Terms that result in minor adjustments or corrections.

20. Transfer of Rights

We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

21. Termination

These Terms apply from when you start to use our Platforms (the "Effective Date") and will remain in full force and effect while you use our Platforms until terminated in accordance with this paragraph 21.

We may terminate these Terms if:

• We consider that you have used our Platforms in violation of these Terms
• We believe there has been unauthorized access to our Platforms
• We, at our sole discretion, decide to withdraw our Platforms (whether in whole or in part)
• We have a legal or regulatory obligation imposed on us which impacts our ability to provide our Platforms
• For any other reason, provided that we have given you thirty (30) days' written notice by email, SMS, or via an electronic communication within our Platforms

We may discontinue licensing any of the App Content at any time at our sole discretion. In this instance, you will be able to continue to use our Apps with the App Content, but it will no longer be available on app stores and will no longer be supported by us.

You can terminate by:

• Ceasing to use our Platforms, and deleting or uninstalling our Apps from your device
• If you purchase a Subscription as specified in paragraph 23, you should also cancel your Subscription directly

Upon termination for any reason:

• All rights granted to you under these Terms cease (however, any liabilities incurred by you under these Terms prior to termination shall survive such termination)
• You must cease all activities authorized by these Terms
• You must delete or remove our Apps from your device

22. Usage Restrictions

Use of Platforms is limited to users aged 13 years and above, except in the European Economic Area ("EEA"), where the services are limited to users aged 16 years and above. To make a purchase via the Platforms, you must be 18 years or older and capable of forming a binding contract.

23. Subscriptions

23.1 Free or Paid Trial

We may offer a free or paid trial subscription for our service. Unless you cancel at least 24 hours before the end of the trial, you will be automatically charged a price indicated on the payment screen or on Apple's/Google's payment pop-up screen for a chosen subscription period. Please note that if a trial is offered, this will be explicitly stated on the price screen before checkout. If this is not the case, you will purchase our subscription without a trial.

23.2 Subscription

The subscription renews automatically for the same period at the end of each subscription period (each week, month, 6 months, year, or otherwise, depending on the option selected by you at the time of purchase) at the cost of the chosen package. Your account will be charged for the renewed subscription within 24 hours prior to the end of the current subscription. If you cancel the automatic renewal within the last 24 hours of the subscription, such cancellation will take effect at the end of the new subscription.

23.3 Payment Method

Payment will be charged to the payment method you submitted at the time of purchase upon confirmation of purchase (after you confirm by single-touch identification, facial recognition, or entering your payment method details on the web, or otherwise accepting subscription terms provided on the payment screen or pop-up screen by Apple/Google or on our web page), or after the end of the trial period. You authorize us to charge the applicable subscription fees to the payment method that you use.

23.4 Cancellation

Your subscription renews automatically at the end of each period until you cancel. You must cancel your subscription before it renews to avoid being charged for the next subscription period.

• App Store: If you purchased the subscription or enabled a trial on the App Store, change subscription settings of your Apple ID. Learn more on Apple's support page.
• Google Play: If you purchased the subscription or enabled a trial on Google Play, change subscription settings of your Google account. Learn more on Google's support page.
• Our websites: If you purchased a subscription or enabled a trial on our websites, please contact us at bodymuseapp@gmail.com.

23.5 Refunds

• App Store: If you are eligible for a refund, you must request it directly from Apple.
• Google Play: If you are eligible for a refund, you must request it directly from Google.
• Our websites: Payments made to us are generally non-refundable. However, there may be exceptions—please see section 23.6.

After your subscription period expires, we will not be able to issue a refund unless otherwise provided by applicable law.

23.6 Refund and Money-Back Policy for Subscriptions Purchased on Our Websites

Below are situations where a refund may be approved:

• You possess certain refund rights under applicable laws and can provide relevant documentation.
• In case of a confirmed bug that prevents you from using the App properly (with technical proof provided).
• If you apply for a refund under our Money-back policy and meet the conditions described below in section 23.7.

23.7 Money-Back Policy

If you purchased a subscription directly on our websites and a money-back option was presented during checkout, you may be eligible for a refund if you did not get visible results with our App, provided that all the following conditions are met:

• You contact us within 30 days after your initial purchase and before the end of your subscription period; and
• You have followed our App program
  • at least 7 consecutive days within the first 30 days after purchase (for monthly or longer subscription periods), or
  • at least 3 consecutive days within the first 7 days after purchase (for weekly or biweekly subscription periods); and
• You are able to demonstrate that you have followed the App program pursuant to the requirements stated below in "How to Demonstrate That You Have Followed the App Program."

How to Demonstrate That You Have Followed the App Program

You can demonstrate that you have followed the program by providing screenshots from the app proving that you have finished:

• at least 7 consecutive sessions (for monthly or longer subscription periods), or
• at least 3 consecutive sessions (for weekly or biweekly subscription periods).

If you do not meet the conditions set out above, the fees you have paid are non-refundable unless otherwise stated herein or required by applicable law. Certain refund requests may still be considered by our company on a case-by-case basis and granted at our sole discretion.

A refund can usually be claimed only during the subscription period. If the subscription period has expired before you made a refund request, we will not be able to provide you with a refund. Refunds can only be made to the payment method used to purchase the service.

23.8 Chargeback

If we record a decline, chargeback, or other rejection of a charge of any payable fees on your user account ("Chargeback"), this will be considered a breach of your payment obligations, and your use of our Services may be automatically disabled or terminated. In the event of a Chargeback, your user account may be blocked without the option to re-purchase or re-use it, and any data contained in such user account may be subject to cancellation.

If you have any questions or concerns regarding a payment made to us, we encourage you to contact our customer support team first, before filing a Chargeback.

We reserve the right to dispute any Chargeback received by providing information and documentation to the relevant credit card company or financial institution proving that the transaction was authorized and the services were in fact rendered.

23.9 Changes

To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you reasonable notice of any pricing changes by posting the new prices in or through the App and/or by sending you an email notification, or in other prominent ways. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect. If you have any questions regarding the subscription terms, please contact us via bodymuseapp@gmail.com.

24. General

24.1 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.

24.2 Governing law and jurisdiction. These Terms are governed by the laws of the Republic of Cyprus (including non-contractual disputes or claims), and legal proceedings in respect of these Terms and our Platforms shall be dealt with exclusively by the courts of Cyprus.

24.3 Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, and the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

24.4 Equitable Relief. Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance, or other equitable relief for any threatened or actual breach of these Terms.