TERMS OF SERVICE

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and The Muscle Docs LLC d/b/a Somasync (“Company,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”) govern your access to and use of the website, mobile application, including any content, functionality, and services offered on or through the website and mobile application (collectively, the “Service(s)”).

Please read the Terms carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Service.

The Services are offered and available only to individuals who are at least 18 years of age. By accessing or using the Services or purchasing any Subscription or Digital Product, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into a binding agreement with the Company, and meet all other eligibility requirements set forth in these Terms. If you do not meet these requirements, you must not access or use the Services or purchase any Subscription or Digital Product.

2. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Service so you are aware of any changes, as they are binding on you.

3. Accessing the Service and Account Security

We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Service.

• Ensuring that all persons who access the Service are aware of these Terms and comply with them.

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To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

• Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials.

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You must not:

• Modify copies of any materials from the Service.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.

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You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

5. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.

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Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.

• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

• Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Service.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Service.

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6. Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

This Service may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

7. Changes to the Service

We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

8. Information About You and Your Visits to the Service

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

9. Subscriptions, Automatic Renewal and Cancellation

The Company may offer access to certain Services, content, features, or memberships on a recurring subscription basis (“Subscription”). The specific price, billing period, features, and other terms applicable to a Subscription will be disclosed at the time of purchase.

9.1. Automatic Renewal

Unless otherwise expressly stated at the time of purchase, Subscriptions automatically renew at the end of each applicable billing period until canceled.

By purchasing a Subscription, you authorize the applicable payment provider to charge the payment method associated with your account for the then-applicable Subscription price, plus any applicable taxes, at the beginning of each billing period until you cancel your Subscription.

Depending on the Subscription selected, billing periods may be monthly, quarterly, annually, or another interval disclosed to you before purchase.

Your Subscription fee applies regardless of how frequently you access or use the Services during a billing period.

9.2. Subscription Pricing

The price and billing frequency applicable to your Subscription will be disclosed before you complete your purchase.

We may change Subscription prices from time to time. Any price change will apply only as permitted by applicable law and the rules of the applicable payment provider or app store. Where required, advance notice of a price change will be provided, and any required consent will be obtained before the new price becomes effective.

If you do not wish to continue your Subscription following a price change, you may cancel your Subscription before the applicable renewal at the new price.

9.3. Free Trials and Promotional Offers

From time to time, we may offer free trials, introductory pricing, discounts, promotional subscriptions, or other special offers.

The duration of the trial or promotional period, eligibility requirements, and the price that will apply after the trial or promotional period will be disclosed at the time of enrollment.

Unless otherwise expressly stated, a free trial or promotional Subscription will automatically convert to a paid Subscription at the price and billing frequency disclosed when you enrolled unless you cancel before the trial or promotional period ends.

Eligibility for free trials, introductory offers, discounts, or promotions may be limited, and the Company may determine eligibility to the extent permitted by applicable law and the rules of the applicable payment provider.

9.4. Cancellation

You may cancel your Subscription at any time through the cancellation method applicable to the platform or payment provider through which you purchased the Subscription.

Cancellation prevents future renewals but, unless otherwise stated or required by applicable law, does not retroactively cancel charges already incurred.

Unless otherwise required by applicable law or the applicable payment provider's rules, after cancellation you will generally continue to have access to your Subscription through the end of your then-current paid billing period, after which your Subscription access will end.

Deleting the mobile application, ceasing to use the Services, or deleting an account does not necessarily cancel an active Subscription. You are responsible for canceling the Subscription through the applicable cancellation method.

9.5. Subscription Purchase and Billing Platforms

The payment, billing, renewal, cancellation, and refund procedures applicable to your Subscription may vary depending on where you purchased the Subscription. You are responsible for managing your Subscription through the applicable purchase platform as described below.

9.6. Website Purchases

If you purchase a Subscription directly through a Company-operated website or checkout, your Subscription is billed through the payment method or payment provider identified at the time of purchase. You may manage or cancel your Subscription using the account-management or cancellation method made available by the Company.

Your Subscription will remain subject to the price, billing frequency, automatic-renewal terms, trial or promotional terms, and cancellation information disclosed to you at the time of purchase.

9.7. Apple App Store Purchases

If you purchase a Subscription through the Apple App Store, your purchase is processed and administered by Apple and is also subject to Apple's applicable terms, conditions, billing practices, and policies.

You are responsible for managing or canceling an Apple App Store Subscription through your Apple account or the subscription-management options provided by Apple.

Refund requests relating to purchases processed by Apple are subject to Apple's applicable refund policies and procedures and may need to be submitted directly to Apple. The Company does not control Apple's billing, renewal, cancellation, or refund decisions and cannot guarantee that it can cancel, modify, or refund a transaction processed by Apple.

9.8. Google Play Purchases

If you purchase a Subscription through Google Play, your purchase is processed and administered through Google Play and is also subject to Google's applicable terms, conditions, billing practices, and policies.

You are responsible for managing or canceling a Google Play Subscription through your Google Play account or the subscription-management options provided by Google.

Uninstalling the application does not cancel a Google Play Subscription.

Refund requests relating to purchases processed through Google Play are subject to Google's applicable refund policies and procedures. The Company does not control Google's billing, renewal, cancellation, or refund decisions and cannot guarantee that it can cancel, modify, or refund a transaction processed through Google Play.

9.9. Third-Party Payment Providers

If a Subscription is purchased or processed through another third-party payment provider or platform, additional terms, conditions, billing practices, cancellation procedures, and refund policies of that provider may apply.

Nothing in this section limits any cancellation, refund, or other consumer right that cannot lawfully be waived or excluded.

9.10. Failed Payments

If a Subscription payment cannot be processed, the applicable payment provider may attempt to process the payment again, request that you update your payment information, place the Subscription into a billing retry or grace period, or take other actions permitted under its policies.

To the extent permitted by applicable law and the applicable payment provider's rules, access to Subscription content may be limited, suspended, or terminated if payment remains unsuccessful.

If payment is subsequently completed, access may be restored in accordance with the applicable Subscription and payment-provider terms.

9.11. Refunds and Credits

Except where otherwise expressly stated or required by applicable law, Subscription fees and renewal charges are non-refundable once charged, and we do not provide refunds or credits for partially used or unused Subscription periods.

Cancellation generally applies to future renewals and does not entitle you to a refund for the current billing period.

Subscriptions purchased through Apple, Google Play, or another third-party payment provider may also be subject to that provider's refund policies and procedures. Requests concerning charges processed by a third-party payment provider may need to be submitted directly to that provider.

Nothing in these Terms limits any refund, cancellation right, remedy, or other consumer right that cannot lawfully be waived or excluded.

9.12. Changes to or Discontinuation of Subscriptions

The Company may modify, update, add, remove, or discontinue Subscription content, features, or offerings from time to time, subject to any commitments made at the time of purchase and applicable law.

If the Company permanently discontinues a Subscription service, the Company will handle existing paid Subscription periods in accordance with applicable law and the requirements of the applicable payment provider.

9.13. Subscription Access

A Subscription provides a limited right to access the applicable Subscription content and Services during the period in which your Subscription remains active and paid.

Unless expressly stated otherwise, purchasing a Subscription does not provide ownership of Subscription content or lifetime access to such content.

When your Subscription ends, you may lose access to content, features, or other benefits made available solely through the Subscription.

Subscription access remains subject to these Terms, including all intellectual-property, account-use, and prohibited-use restrictions.

9.14. Questions and Support

If you have questions regarding a Subscription purchased directly from the Company, please contact us at hello@somasync.co.

For billing, cancellation, or refund matters involving a Subscription purchased through Apple, Google Play, or another third-party payment provider, you may also be required to contact or manage the Subscription through the applicable provider.

10. Digital Products and Downloads

The Company may offer digital products for purchase through the Services, including, without limitation, e-books, guides, PDFs, downloadable materials, videos, classes, programs, courses, educational materials, and other digital content (collectively, “Digital Products”).

10.1. Personal-Use License

Unless otherwise expressly stated in writing by the Company, your purchase of a Digital Product grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Digital Product solely for your own personal, non-commercial use.

Your purchase does not transfer to you any ownership right, copyright, trademark, or other intellectual property right in the Digital Product or its contents. All rights not expressly granted to you remain with the Company or its applicable licensors.

10.2. Prohibited Uses

You may not, without the Company's prior written permission:

• copy, reproduce, republish, distribute, share, sell, resell, sublicense, rent, lend, assign, transfer, or otherwise make any Digital Product available to another person or entity;

• share download links, access links, login credentials, files, videos, PDFs, or other Digital Product materials with another person;

• upload or make Digital Products available through shared drives, file-sharing services, websites, social media, membership platforms, online communities, or other public or private distribution channels for access by others;

• modify, translate, adapt, create derivative works from, or otherwise use Digital Products for redistribution or commercial purposes;

• remove, obscure, or alter any copyright, trademark, proprietary-rights notice, watermark, or other identifying information contained in a Digital Product;

• use Digital Products to create, market, teach, distribute, or sell a competing or substantially similar product, course, program, service, class, guide, resource, or other offering;

• use Digital Products, including any exercises, methods, videos, written materials, frameworks, sequences, or other content, to provide paid or unpaid professional services, instruction, classes, coaching, training, treatment, or services to clients, patients, customers, groups, or other third parties; or

• use Digital Products or their contents to train, fine-tune, develop, populate, benchmark, or otherwise support an artificial intelligence, machine-learning, large-language-model, or other automated system, except with the Company's prior written authorization.

Digital Products are licensed for individual consumer use only. Purchase of a Digital Product does not grant any professional, practitioner, instructor, clinical, coaching, commercial, group-use, resale, or sublicensing rights.

10.3. No Professional, Practitioner, or Commercial Use

Unless the Company expressly authorizes otherwise in writing, Digital Products are licensed solely for the individual purchaser’s personal, non-commercial use.

Purchase of or access to a Digital Product does not grant you any professional, practitioner, instructor, trainer, coach, therapist, healthcare, clinical, educational, commercial, group-use, resale, or sublicensing rights and does not authorize you to represent that you are trained, certified, licensed, endorsed, or otherwise qualified by the Company to teach, demonstrate, administer, reproduce, or provide the Company’s Digital Products, content, methods, programs, or materials to others.

You may not use Digital Products, including any videos, exercises, movements, routines, sequences, methods, frameworks, instructions, guides, worksheets, graphics, photographs, written materials, or other content, in whole or in part, to provide or support services, instruction, classes, workshops, programs, coaching, training, treatment, or other offerings for clients, patients, customers, students, groups, organizations, or other third parties, whether such use is paid or unpaid.

You may not reproduce, adapt, repackage, incorporate, teach from, distribute, display, perform, or otherwise use Digital Products or Company materials to create, market, promote, deliver, or support your own or another person’s product, program, membership, course, class, service, resource, or other commercial or professional offering.

Nothing in your purchase or use of a Digital Product grants any license to use the Company’s trademarks, trade names, logos, program names, branding, copyrighted materials, or other intellectual property except for the limited personal-use rights expressly granted under these Terms.

Any professional, commercial, instructional, group, or other use beyond the personal-use license granted by these Terms requires the Company’s prior express written authorization and may be subject to a separate license or agreement.

10.4. Access and Delivery

Digital Products are delivered electronically through the method identified at the time of purchase, which may include a download link, email, customer account, website, application, third-party hosting platform, or other electronic delivery method.

You are responsible for providing an accurate email address and other information necessary to receive and access your purchase and for maintaining compatible devices, software, internet access, and other technology reasonably necessary to access the Digital Product.

If you experience a technical issue accessing a Digital Product, please contact us at hello@somasync.co so that we may reasonably assist with access.

The Company may change the technology, platform, hosting provider, file format, or method through which a Digital Product is made available, provided that such change does not materially deprive you of access rights expressly included with your purchase, subject to these Terms and applicable law.

10.5. Unauthorized Sharing and Access

Digital Products are intended solely for the purchaser. You may not permit another individual or entity to access or use a Digital Product purchased by you unless expressly authorized by the Company.

We reserve the right, to the extent permitted by applicable law, to suspend or terminate access to a Digital Product where we reasonably determine that the Digital Product, download link, account credentials, or other access method has been shared, reproduced, distributed, resold, or otherwise used in violation of these Terms.

Unauthorized reproduction, distribution, commercial exploitation, or other infringement of the Company's intellectual property may also subject the responsible party to remedies available under applicable intellectual property and other laws.

10.6. Product Availability and Modifications

We may periodically update, correct, modify, reorganize, or improve Digital Products, including their presentation, format, hosting method, or supporting materials.

Unless expressly stated otherwise at the time of purchase, purchase of a Digital Product does not entitle you to future versions, updates, additional content, newly released products, services, coaching, support, or other materials not included with the Digital Product at the time of purchase.

Any material access commitment expressly made to you at the time of purchase will remain subject to the terms of that offer, these Terms, and applicable law.

11. Digital Product Sales and Refunds

Due to the digital nature of our Digital Products and the immediate access provided following purchase, all sales of Digital Products are final and non-refundable once the Digital Product has been delivered or access has been provided, except where otherwise expressly stated by the Company or required by applicable law.

“Digital Products” include, without limitation, e-books, PDFs, guides, downloadable materials, digital programs, courses, videos, classes, and other digital content purchased on a one-time basis.

You are responsible for reviewing the product description and any applicable access, compatibility, or other requirements before completing your purchase.

Failure to download, access, view, use, or complete a Digital Product after delivery or access has been provided does not entitle you to a refund. Dissatisfaction with the content, failure to achieve a particular result, a change in personal circumstances, or a determination that you no longer wish to use the Digital Product does not entitle you to a refund, except where otherwise required by applicable law.

If you experience a technical issue that prevents you from accessing a Digital Product you purchased, please contact us at hello@somasync.co. We will make reasonable efforts to resolve legitimate access or delivery issues.

If a Digital Product is materially defective, incorrectly delivered, or otherwise subject to a refund, replacement, or other remedy required by applicable law, nothing in these Terms is intended to limit any rights or remedies that cannot lawfully be waived or excluded.

Any refund voluntarily provided by the Company in a particular circumstance does not create an obligation to provide the same or a similar refund in the future and does not constitute a waiver of this policy.

12. Lifetime Access to Digital Products

Certain Digital Products may be expressly offered with “lifetime access.” Where lifetime access is expressly included with your purchase, you will be provided ongoing access to the purchased Digital Product for the commercially reasonable life of that Digital Product, subject to these Terms.

“Lifetime access” does not refer to the purchaser’s natural lifetime and does not guarantee that any particular website, mobile application, hosting provider, third-party platform, technology, file format, delivery method, feature, or functionality will remain available indefinitely.

The Company may change the website, application, platform, hosting provider, technology, file format, delivery method, or location through which a Digital Product is made available. Such changes will not, by themselves, terminate any lifetime-access rights expressly included with your purchase.

If the Company permanently discontinues hosting a Digital Product sold with lifetime access, the Company will, where reasonably practicable and legally permitted, provide purchasers with an alternative means of accessing or downloading the applicable materials before hosted access ends.

Lifetime access applies only to the Digital Product and content expressly included with your purchase at the time of purchase. Unless expressly stated otherwise, lifetime access does not include future products, new programs, additional content, future editions, substantial updates or expansions, coaching, support services, memberships, subscription content, or other products or services subsequently offered by the Company.

You are responsible for maintaining accurate account and contact information and, where a Digital Product is made available for download, for downloading and maintaining your own copy where permitted.

Lifetime access is personal to the purchaser and is subject to the license and use restrictions contained in these Terms. Access may be suspended or terminated if you materially violate these Terms, including by sharing, reproducing, reselling, distributing, sublicensing, or otherwise using a Digital Product in violation of the rights granted to you.

For clarity, lifetime access applies only where a Digital Product is expressly advertised or sold as including lifetime access. It does not apply to subscriptions or memberships. Access to subscription or membership content is governed by the applicable subscription terms and generally ends when the applicable subscription or paid access period ends.

Nothing in this section limits any rights or remedies that cannot lawfully be waived or excluded under applicable law.

13. Links from the Service

To the extent, the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14. Community

Community is a feature of the Service that allows users to post comments or reviews on our content. All content, set of different topics related to health and wellbeing is published on the Community by us. All user comments in the Community are posted and visible to other users of the Community. If you delete your account, your comments will remain visible to other users of the Community.

Our wish is that our users find support and useful information and have fun along the way. To facilitate this, we invite users to comment on the published content. To leave a comment or read other users’ replies, tap the Community icon at the bottom corner. Community feature has limited functionalities:

Comments could not be indexed and shown by search engines in Internet nor outside of the Community;

Community feature is available only for a limited number of users while it does not require registration; it is available only in English; 

Users can only communicate in the Community through posting comments on content created and published by us. Private messaging or interpersonal communication between a finite number of persons is not available - no direct messages;

All comments in the Community are pre-moderated, so your comment will be posted after it passes the moderation process;

As a user of the Community, you shall not:

• Leave rude, harassing, insulting, provocative, discriminating, non-tolerant, religious, racist, political, homophobic, libelous, defamatory, unlawful, threatening, or offensive comments and statements;

• Post abusive, offensive, obscene, pornographic, infringing, sexually explicit images or any other materials (including links to such materials) prohibited under applicable law or regulations or that otherwise may be in conflict with these Terms;

• Provide any medical advice or claim to be a healthcare professional;

• Advertise any product or service; or

• Perform other forbidden actions.

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At our sole discretion, we reserve our right to:

• Delete any inappropriate or irrelevant comments or materials;

• Delete or modify comments containing personal data, such as name, address, or email;

• Restrict or ban your access to the Community at any time and without notice if we determine that the content or use of the Community is in violation of these Terms;

• Use, copy, modify, reshuffle, move, change, publicly display, publicly conduct and distribute discussions, comments, and materials;

• Block your comments for any reasons or moderate them as we deem appropriate; or

• Disable the Community at any time without prior notification.

Any information posted in the Community shall not be considered as advice, drug prescription, or treatment suggestion. If in doubt about your health, consult a licensed healthcare professional. Please bear in mind that our users are not healthcare professionals and their recommendations may not only be inaccurate, but also harmful to your health and well-being.

The Company assumes no responsibility for the actions, interactions, or content shared in the Community. By using the Community, you acknowledge that any liability arising from your use of the Community, including any disputes, transactions, or communications with other users, is solely yours. We are not responsible for any loss, damage, or harm resulting from your use of the Community.

15. Geographic Restrictions

The owner of the Service is based in the State of Florida in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. Health, Wellness and Physical Activity Disclaimer; Assumption of Risk

The Services and Digital Products may include educational information and activities related to general health and wellness, movement, exercise, mobility, stretching, breathing, relaxation, somatic practices, fascia-focused movement, lymph-supportive techniques, self-massage, dry brushing, and other wellness practices (collectively, “Wellness Content”).

16.1. Educational Purposes Only; No Medical Advice

All Wellness Content is provided solely for general educational and informational purposes. It is not intended to constitute or substitute for medical advice, diagnosis, treatment, therapy, rehabilitation, or other professional healthcare services.

The Company does not diagnose, treat, cure, or prevent any disease, disorder, injury, or other medical or mental health condition through the Services or Digital Products. Nothing provided through the Services or Digital Products should be interpreted as a recommendation or directive regarding your individual health, medical condition, treatment, medication, or healthcare needs.

Your use of the Services or Digital Products does not create a physician-patient, doctor-patient, therapist-patient, healthcare provider-patient, or other professional healthcare relationship between you and the Company or any person appearing in or contributing to the Services or Digital Products.

You should not use the Services or Digital Products to self-diagnose or self-treat any health or medical condition or as a reason to disregard, avoid, or delay obtaining medical advice or treatment from a qualified healthcare professional.

16.2. Consult Your Healthcare Provider

You are responsible for determining whether any Wellness Content or activity is appropriate for your individual circumstances.

Consult a physician or other qualified healthcare professional before beginning any new movement, exercise, or wellness practice if you have questions or concerns regarding your health or your ability to participate safely.

You should seek appropriate professional guidance before participating if you are pregnant or postpartum, have an existing or suspected medical condition or injury, take prescription or over-the-counter medications that may affect your ability to participate safely, have recently undergone surgery or medical treatment, or otherwise have concerns about whether a particular activity or practice is appropriate for you.

Nothing in the Services or Digital Products is intended to override or replace instructions, restrictions, or recommendations provided by your healthcare professional.

16.3. Physical Activity and Assumption of Risk

You understand that participation in movement, exercise, stretching, mobility, breathing, self-massage, dry brushing, and other physical or wellness activities involves inherent risks. Depending on the activity and your individual circumstances, these risks may include discomfort, soreness, dizziness, falls, strains, sprains, aggravation of an existing condition or injury, skin irritation, or other physical injury or adverse effects.

You voluntarily choose whether to participate in any activity presented through the Services or Digital Products and agree to participate only to the extent that you determine the activity is appropriate for you.

You are responsible for using reasonable judgment while participating, including maintaining a safe environment, using any equipment appropriately, following applicable instructions and warnings, and remaining within a range of movement and level of intensity appropriate for your individual circumstances.

Do not continue an activity that causes pain, significant discomfort, dizziness, faintness, shortness of breath beyond what would reasonably be expected from the activity, or other concerning symptoms. Stop the activity and seek appropriate medical attention when necessary.

If you believe you are experiencing a medical emergency, call 911 or your applicable local emergency service.

To the fullest extent permitted by applicable law, you knowingly and voluntarily assume the risks inherent in your participation in the physical and wellness activities you choose to perform through or in connection with the Services or Digital Products.

16.4. Individual Results; No Guarantees

Individual experiences and results vary. The Company makes no representation, warranty, or guarantee that use of the Services, Digital Products, or Wellness Content will produce any particular health, wellness, physical, cosmetic, emotional, or other result.

Testimonials, reviews, examples, photographs, demonstrations, personal experiences, or other statements regarding results or experiences do not constitute a guarantee or representation that you will achieve the same or similar results.

16.5. Personal Responsibility

You remain responsible for your decisions regarding your health, wellness, and participation in activities presented through the Services and Digital Products, including determining whether and to what extent a particular activity is appropriate for your individual needs and circumstances.

The Services and Digital Products are not designed to address every individual's circumstances, limitations, medical history, or health needs. You should modify, discontinue, or refrain from any activity that you determine is not appropriate for you and seek professional guidance when appropriate.

16.6. No Limitation of Non-Waivable Rights

Nothing in this section is intended to exclude, restrict, or waive any right, remedy, warranty, duty, or liability that cannot lawfully be excluded, restricted, or waived under applicable law.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE, AND THE CONTENTS PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES ARE NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH, ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your user contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

20. Governing Law and Jurisdiction

All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Sarasota and County of Sarasota, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. Arbitration

All disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

22. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

23. Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and The Muscle Docs LLC d/b/a Somasync regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

24. Your Comments and Concerns

This Service is operated by The Muscle Docs LLC d/b/a Somasync.

All feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: hello@somasync.co.