Terms of Use

These Terms of Use ("Terms") apply to your access and use of our website https://zing.coach/ and our application Zing Coach: Home Fitness Plan (collectively, our "Services") provided by Zing Coach, Inc. ("Company” or "we"). The Terms are not entered into with Apple, Inc., any of its subsidiaries, Google, Inc., any of its subsidiaries or any other entity as may apply.

If you have any questions about the Terms or our Services, please contact us at support@zing.coach.

Please read the Terms carefully. By accessing or using our Services, you acknowledge that you accept and agree to be bound by these Terms.

‍IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. Description of Services

Zing Coach is an AI-powered personal trainer designed to create personalized workouts and a result-oriented exercise program.

2. Disclaimers

1. General Disclaimer
   Exercise and health are matters that vary from person to person. Our Services are not intended as a substitute for the medical advice and supervision of your personal physician. The user of our Services is at the user’s discretion and sole risk.
   If you are over 35 or have been inactive for a few years, see your physician before beginning any exercise program. This is especially important if your family has a history of heart disease, high blood pressure, high cholesterol, diabetes, arthritis, obesity, cigarette smoking, or other health conditions. If you have any doubts whatsoever, consult your physician. Do not start any fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising you should stop immediately.
   Developments in medical research may impact the health and fitness advice that appears on the Services. No assurance can be given that the advice contained on the Services will always include the most recent findings or developments with respect to the particular material.
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2. Exercise Disclaimer
   The workouts provided via our Services are for educational and entertainment purposes only and are not to be interpreted as a recommendation for a specific treatment plan, product, or course of action.
   Exercise is not without its risks, and this or any other exercise program may result in injury. They include but are not limited to:
   • risk of injury
   • aggravation of a pre-existing condition
   • adverse effect of over-exertion such as muscle strain, abnormal blood pressure, fainting, disorders of heartbeat, and very rare instances of heart attack.
   
   To reduce the risk of injury, before beginning this or any exercise program, please consult a healthcare provider for appropriate exercise prescription and safety precautions. The exercise instruction and advice presented are in no way intended as a substitute for medical consultation. We disclaim any liability from and in connection with this program. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately and consult a physician.
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3. Information Disclaimer
   The information provided via our Services is for educational and entertainment purposes only, and is not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Our Services do not provide specific medical advice and are not engaged in providing medical services. Information on the Services does not replace consultation with a qualified health or medical professional who sees you in person, for your health and your medical needs. Please see a physician or health professional immediately if you suspect you may be ill or injured.
   You acknowledge your use of our Services the content thereon is at your own risk, including any and all risks associated with your use of any workouts set out there. You acknowledge that there are inherent risks of injury with any physical activity and you hereby release us and all of our employees, directors, officers and representatives and other parties involved in the creation, maintenance and distribution of the content on our Services from any and all liability arising as a result of your use of the Services or the content thereon, including, without limitations, any direct, special, incidental, indirect or consequential damages or other damages of any kind, including, but not limited to physical injury, illness, death, loss of profits, loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise.
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4. Safety Disclaimer
   If you are pregnant, nursing, diabetic, on medication, have a medical condition, or are beginning a weight control program, consult your physician before starting to exercise/train or making any dietary changes. Discontinue use if adverse events occur.
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5. Medical Disclaimer
   In using our Services, you affirm that either your physician has approved your use of the Service or that all of the following statements are true:
   • no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician
   • you have never felt chest pain when engaging in physical activity
   • you have not experienced chest pain when not engaged in physical activity at any time within the past month
   • you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion
   • you do not have a bone or joint problem that could be made worse by a change in your physical activity
   • your physician is not currently prescribing drugs for your blood pressure or heart condition
   • you do not have a history of high blood pressure, and
   • you do not know of any other reason you should not exercise.

You are responsible for providing accurate information and disclosing any health or medical issues.

3. Eligibility

You must be at least 13 years of age to access or use our Services (or at least 16 years old if you are an European Union resident).

If you are under 18, your parent or guardian must review the Terms, and by using the Services, you confirm that your parent or guardian has so reviewed and accepted the Terms. We reserve the right to limit the availability to users under the age of 18 of certain content in the Services, in our sole discretion.

4. Your use of our Services

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The Privacy Policy constitutes an integral part of the Terms. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Terms shall govern.

While using our Services you agree not to violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using our Services. Also, you agree that you shall not:

• engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
• use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates the Terms.

5. License

We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use our Services for personal and non-commercial purposes in accordance with the Terms.

All rights, title, and interest in and to the Services not expressly granted in the Terms are reserved by us. If you wish to use our software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from us. Permission requests may be sent to support@zing.coach.

To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the Services, including but not limited to visual interfaces, interactive features, graphics, design, and all other elements and components of the Services (collectively referred to as the “Company’s Content”). Except as expressly and unambiguously provided in the Terms, we do not grant you any express or implied rights, and all rights in and to the Services and the Company’s Content are retained by us.

6. Indemnification

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms.

7. Use at your own risk

Our goal is to help make certain health-related information more readily available and useful to you. However, the Services cannot and do not guarantee health-related improvements or outcomes. Your use of the Services and any information, predictions, or suggestions provided in the Services are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Services and you agree and understand that the Services are not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.

8. Warranty disclaimer

The Company controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. The Services or certain features of it may not be available in your location or may vary across locations.
The Services are provided “as is”, “as available” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
Neither the Company, nor any of its officers, directors, employees, agents, affiliates, representatives, suppliers, partners, advertisers or content providers warrants, and each of them hereby expressly disclaims, that:

1. the Services will be secure or available at any particular time or location;
2. any defects or errors will be corrected;
3. any content or software available through the Services is free of viruses or other harmful components;
4. the results of using the Services will meet your requirements;
5. the accuracy, reliability, or completeness of the content, text, images, software, graphics, or communications provided by third parties on or through the Services.

Your use of the Services is solely at your own risk. Some states / countries do not allow limitations on implied warranties, so some or all of the above limitations may not apply to you.

9. Limitation of Liability

In no event shall the company, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of our Services. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you. The Company, or any third parties mentioned on our Services, are not liable for any personal injury, including death, caused by your use or misuse of the app.

Notwithstanding the foregoing, nothing in these Terms will (a) limit or exclude our liability for death or personal injury resulting from our negligence; (b) limit or exclude our liability for fraud or fraudulent misrepresentation from our side; (c) limit any of our liabilities in any way that is not permitted under applicable law; or (d) exclude any of our liabilities that may not be excluded under applicable law.

10. Export and economic sanctions control

The software that supports the Services may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

11. Third Party Services

The Services may give you access to links to third-party websites, apps, or other products or services ("Third Party Services"). We do not control Third Party Services in any manner and, accordingly, do not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services.

12. Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under the local law.

13. Your feedback

We welcome your feedback about our Services. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.

14. Changes to the Services

From time to time and without prior notice to you, we may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain features of the Services. Your use of the Services does not entitle you to its continued provision or its availability. Any modification or elimination of the Services or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

15. Changes to the Terms

We may make changes to the Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the "Last Updated" date above. We may also attempt to notify you by providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

16. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

17. Severability

If any provision or part of a provision of the Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

18. End-User Terms Required by Apple

You acknowledge and agree that:

1. these Terms are entered into between you and the Company, and not Apple, Inc. (“Apple”)
2. the Company and our licensors, and not Apple, are solely responsible for the Services
3. Apple has no responsibility whatsoever to furnish any maintenance and support with respect to the Services
4. in the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Services
5. to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services
6. Apple is not responsible for any claims that you have arising out of your use of the Services
7. Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the Services infringe that third party’s intellectual property rights
8. Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of this Terms, Apple will have the right (and will be deemed to have accepted the right) as third party beneficiary to enforce these Terms against you.

19. Notice and Takedown Procedures

If you believe any materials accessible through our Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting the Company at support@zing.coach and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and e-mail address.
4. A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorised representative.

20. Miscellaneous

The Terms constitute the entire agreement between you and the Company relating to your access to and use of our Services. The failure of the Company to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, the Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Any dispute arising from the Terms shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the Terms shall be in the State of Delaware and the parties unconditionally waive their respective rights to a jury trial.

Any cause of action you may have with respect to your use of the Services must be commenced within one year after the claim or cause of action arises.

All claims between the Parties related to the Terms will be litigated individually, and the Parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the Parties. Any cause of action you may have with respect to your use of the Services must be commenced within one year after the claim or cause of action arises.

Contact details

If you have any questions or comments on any part of the Services or any part of the Terms, require support, or have any claims, please contact us at support@zing.coach.

The registered office of Zing Coach, Inc. is 1209 Orange Street, Wilmington, County of New Castle, DE 19801, USA.