Terms of service
SCULPT YOU LLC TERMS OF SERVICE
This is an agreement between you the user and us, SCULPT YOU LLC
These Terms of Service ("Terms") govern your access to and use of the Sculpt You mobile application (the "App") and website located at https://thesculptyou.com (the "Site," and together with the App, the "Service"), operated by Sculpt You LLC, a Delaware limited liability company ("we," "us," "our," or the "Company").
BY DOWNLOADING, ACCESSING, OR USING THE SERVICE, OR PURCHASING MERCHANDISE THROUGH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
1. Eligibility
You should be at least 18 years old, or the age of majority in your jurisdiction, to create an account or make a purchase. If you are between 13 and the age of majority, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. The Service is not directed to children under 13.
2. Changes to the Service and Terms
We may modify, suspend, or discontinue any part of the Service at any time. We may update these Terms by posting a revised version with a new "Last updated" date. Material changes will be flagged in-app or by email where required by law. Continued use after changes take effect constitutes acceptance.
3. License Grant; Intellectual Property
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on devices you own or control, and to access the Site, solely for your personal, non-commercial use.
The Service, including all software, text, graphics, workout content, exercise books, logos, and trademarks, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license above, no rights are granted to you. You may not copy, modify, reverse engineer, distribute, sublicense, or create derivative works from the Service.
4. Account Registration
You agree to provide accurate, current information when creating an account and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
5. Subscriptions and Billing
Certain Service features require a paid subscription. Subscriptions automatically renew at the then-current price until cancelled. You may cancel at any time before the next billing date through your account settings or the applicable app store; cancellation takes effect at the end of the current billing period. Subscription fees are non-refundable except as required by law or as determined in the Company’s sole discretion in connection with a request for a refund or cancellation.
Subscription purchases are accompanied by an order confirmation email to the email address you provided for your account. Every subscription order confirmation email has links associated with your order; the links allow you to cancel or change your subscription at any time. You may manage your subscription by clicking on the appropriate link.
6. Merchandise Orders; Shipping and Returns (Site Purchases Only)
Apparel, headwear, exercise books, and other physical merchandise ("Products") are available for purchase only through the Site and are not available within the App.
(a) Product Listings. Descriptions, images, and pricing of Products are subject to change without notice. We do not warrant that Product descriptions or other content are accurate, complete, or error-free, and we may correct pricing or other errors, including after an order has been placed, in which case we will notify you and give you the option to cancel.
(b) Order Acceptance. Your order is an offer to purchase. We may refuse, limit, or cancel any order at our discretion, including for suspected fraud, pricing errors, or quantity limits per customer.
(c) Pricing and Taxes. All prices are in U.S. dollars unless stated otherwise and exclude applicable sales tax and shipping charges, which will be disclosed at checkout.
(d) Shipping; Risk of Loss. We will ship Products to the address you provide. Shipping and delivery dates are estimates only. Title and risk of loss transfer to you upon our delivery to the shipping carrier. You are responsible for providing an accurate shipping address; we are not liable for orders misdelivered due to inaccurate address information.
(e) Returns and Exchanges. The Company’s refund policy covers purchase of both physical merchandise and digital products available for sale through the Site. With regard to the purchase of physical merchandise, returns will be accepted for 14 days after the date of delivery for unopened and unused product. You are responsible for return shipping fees. No restocking fee is assessed unless expressly indicated. To initiate a return of physical merchandise, please email us at: support@thesculptyou.com. With regard to digital products, refund requests should be submitted within 48 hours of purchase. To request a refund, please email us at the same email address used for return of physical merchandise.
(f) Availability. Products, including digital products, may be limited in quantity or discontinued at any time.
7. Health and Fitness Disclaimer; Assumption of Risk
The Service, including any exercise books or fitness merchandise, provides fitness, exercise, and wellness content for general informational purposes only. It is not medical advice and is not a substitute for consultation with a qualified physician. Before beginning any exercise program, consult your doctor, particularly if you have any pre-existing condition, injury, or health concern. If you experience pain, dizziness, or discomfort while exercising, stop immediately and seek medical attention.
You acknowledge that physical exercise carries inherent risks, including risk of injury, and you voluntarily assume all such risks. To the fullest extent permitted by law, you release the Company, its Affiliates, and their respective officers, directors, employees, and agents from any claims arising from your use of the Service or Products, except to the extent caused by our gross negligence or willful misconduct. The term “Affiliates” in these Terms means any entity that controls, is controlled by, or is under common control with Company, together with the Company's parents, subsidiaries, and other commonly controlled entities, if any, and any third-party partner, vendor, or agent engaged by Company in connection with the Service.
8. Nutritional Information
Any nutritional or dietary content provided through the Service is general information for healthy adults and is not intended to diagnose, treat, cure, or prevent any condition. Consult a registered dietitian or physician regarding your specific needs.
9. Prohibited Conduct
You agree not to: (a) use the Service for any unlawful purpose; (b) upload viruses or malicious code; (c) reverse engineer or attempt to extract source code; (d) scrape, harvest, or use automated means to access the Service; (e) infringe our or any third party's intellectual property rights; (f) harass, abuse, or harm another user; (g) circumvent any security or access-control features; or (h) resell Products without our written permission. We may suspend or terminate your access for any violation.
10. User Content
If the Service allows you to submit content (e.g., progress photos, comments, reviews), you retain ownership but grant us a worldwide, royalty-free, sublicensable license to use, reproduce, display, and distribute that content in connection with operating and promoting the Service. You represent that you have all rights necessary to grant this license and that your content does not violate any third party's rights.
11. Third-Party Services
The Service may integrate with or link to third-party platforms (e.g., wearables, app stores, payment processors, shipping carriers). We do not control and are not responsible for third-party services, and your use of them is governed by their own terms.
12. Disclaimer of Warranties
THE SERVICE AND ANY PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE OR PRODUCTS. OUR AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) $100. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify and hold the Company, its Affiliates, and their respective officers, directors, employees, and agents harmless from and against any claims, damages, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your violation of law, or your use of the Service or Products.
15. Termination
We may suspend or terminate your access to the Service at any time, for convenience. You may stop using the Service and delete your account at any time. Sections that by their nature should survive (including Sections 3, 7 through 8, and 12 through 18) will survive termination.
16. Dispute Resolution; Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) Agreement to Arbitrate. Except for claims eligible for small claims court and claims for injunctive relief regarding misuse of intellectual property, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any Products will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (using the mass-filing supplementary procedures if applicable), rather than in court, except that either party may bring an individual action in small claims court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
(b) Individual Basis Only; No Class Actions. ALL PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator has no authority to consolidate claims of more than one person or to preside over any form of class or representative proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must be brought in a court of competent jurisdiction identified in Section 17, and the remainder of this arbitration agreement remains in effect.
(c) Arbitrator Authority. The arbitrator, not any court, will resolve all disputes regarding the interpretation, applicability, or enforceability of this arbitration agreement, other than the class action waiver in Section 16(b), which may only be determined by a court.
(d) Informal Resolution First. Before filing an arbitration demand, the party seeking relief must send written notice describing the dispute and the relief sought to the other party (to the Company, at support@thesculptyou.com) and allow 30 days to resolve the dispute informally. This notice-and-cure period is a condition precedent to filing.
(e) Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to support@thesculptyou.com within 30 days of first accepting these Terms, stating your name and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.
(f) Batch Arbitration. If 25 or more similar arbitration demands are filed by the same or coordinated counsel within a 60-day period, the AAA and the parties will administer them in batches of no more than 100 claims per batch, with cases within each batch assigned to a single arbitrator and resolved sequentially, using representative "bellwether" proceedings where the parties agree; filing and administrative fees will be adjusted accordingly under AAA rules.
17. Governing Law and Venue
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws principles, without regard to the state in which you access or use the Service or receive Products. For any dispute not subject to arbitration under Section 16, you and the Company consent to the exclusive jurisdiction and venue of the state and federal courts located in Boston, Massachusetts.
18. General
Severability. If any provision is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. No Waiver. Our failure to enforce any provision is not a waiver of that provision. Entire Agreement. These Terms, together with our Privacy Policy and any Returns Policy, constitute the entire agreement between you and the Company regarding the Service and Products. Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. No Agency. No joint venture, partnership, employment, or agency relationship results from these Terms.
19. Contact
Questions about these Terms should be sent to us via email, at: support@thesculptyou.com.