Sculptr Terms & Conditions

1. Nature of the Platform

Sculptr provides the Platform as a technology intermediary that enables Trainers to list and offer Services and enables Clients to identify, communicate with, and engage Trainers. Sculptr does not provide medical services, fitness instruction, personal training, or employment services.

Trainers are independent contractors and are not employees, agents, or representatives of Sculptr. Sculptr does not supervise, direct, control, or guarantee any Trainer, Client, or Services, and does not warrant any particular outcome, result, or compatibility between a Trainer and a Client.

Any agreement for Services is entered into directly between the Trainer and the Client. Sculptr is not a party to any such agreement unless expressly stated otherwise in writing.

2. Eligibility

To access or use the Platform, you must:

• be at least 18 years of age, or have the consent of a parent or legal guardian where permitted by applicable law;
• provide accurate, current, and complete information;
• maintain the confidentiality and security of your account credentials; and
• comply with all applicable laws and regulations.

You are responsible for all activity conducted through your account.

3. Trainer Responsibilities

A Trainer who offers Services through the Platform represents and warrants that the Trainer will:

• accurately describe the Trainer's qualifications, certifications, experience, and Services;
• provide Services in a safe, lawful, professional, and competent manner;
• comply with all applicable laws, regulations, licensing requirements, and certification requirements;
• maintain any insurance required by applicable law or reasonably necessary for the Trainer's Services; and
• communicate with Clients in a professional and respectful manner.

The Trainer is solely responsible for the content, quality, safety, legality, and performance of the Services.

4. Client Responsibilities

A Client who uses the Platform or receives Services agrees to:

• provide accurate and complete information relevant to the Services, including health, fitness, injury, and medical information where applicable;
• consult a qualified medical professional before beginning or modifying any exercise, nutrition, or related program;
• discontinue any activity immediately if the Client experiences pain, dizziness, shortness of breath, or other concerning symptoms;
• follow the Trainer's instructions responsibly and exercise independent judgment regarding participation in any activity; and
• promptly disclose any injury, condition, limitation, or other circumstance that may affect the Services.

5. Health and Medical Disclaimer

Exercise and related physical activity involve inherent risks, including the risk of serious injury or death.

By accessing or using the Platform or receiving Services, you acknowledge and agree that participation in fitness activities is voluntary and undertaken at your own risk. Sculptr does not provide medical advice, diagnosis, treatment, or healthcare services, and nothing on the Platform shall be construed as a substitute for professional medical advice, diagnosis, or treatment.

You should consult a physician or other qualified healthcare professional before beginning any exercise, nutrition, or wellness program.

6. Payments

Sculptr may facilitate payment processing between Clients and Trainers for Services. Unless otherwise stated on the Platform, the Trainer determines the pricing, packages, subscriptions, and other terms applicable to the Services.

Any Platform fees, payment processing fees, cancellation policies, refund policies, or similar charges will be disclosed before purchase or booking to the extent required by applicable law. By purchasing or booking Services, you agree to pay all applicable amounts when due.

Payments may be processed by one or more third-party payment processors, and your use of those payment services may be subject to the terms and conditions of the applicable processor.

7. Content

As between you and Sculptr, you retain ownership of content that you submit, post, upload, transmit, or otherwise make available through the Platform, including workout plans, progress photos, messages, profile information, and similar materials, subject to the rights granted in these Terms.

You grant Sculptr a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, publish, translate, display, distribute, and otherwise process such content solely as necessary to operate, provide, maintain, secure, and improve the Platform and Services, and to comply with applicable law.

You represent and warrant that you have all rights necessary to grant the foregoing license and that your content does not infringe, misappropriate, or otherwise violate any third-party rights or applicable law.

8. Conduct and Community Standards

Trainers and Clients shall use the Platform in a lawful, respectful, and professional manner. You may not:

• harass, threaten, abuse, or discriminate against any person;
• submit false, misleading, or fraudulent information, including false credentials or certifications;
• upload or transmit malware or other harmful code;
• attempt to gain unauthorized access to the Platform or interfere with its operation;
• infringe or misappropriate intellectual property or other proprietary rights;
• engage in fraudulent, deceptive, or unlawful conduct; or
• use the Platform in any manner that could reasonably be expected to harm Sculptr, another Trainer, another Client, or any third party.

Sculptr may remove content, restrict access, or suspend or terminate accounts for violations of these Terms or for any conduct that Sculptr determines, in its reasonable discretion, is harmful to the Platform, another Trainer, another Client, or any third party.

9. Reviews and Ratings

Clients may submit reviews and ratings based only on bona fide experiences with Services. Sculptr may remove or decline to publish any review or rating that is false, misleading, retaliatory, abusive, or otherwise inconsistent with these Terms or applicable law.

10. Intellectual Property

The Platform, including the Sculptr name, logo, branding, software, design, text, graphics, and other materials provided by Sculptr, is owned by or licensed to Sculptr and is protected by applicable intellectual property laws.

Except as expressly permitted in writing by Sculptr, you may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, reverse engineer, decompile, disassemble, or otherwise exploit any portion of the Platform.

11. Privacy

Sculptr's collection, use, and disclosure of personal information are governed by the Privacy Policy. By using the Platform, you acknowledge that you have reviewed the Privacy Policy.

12. Suspension and Termination

Sculptr may suspend or terminate access to the Platform, in whole or in part, at any time and with or without notice, to the extent permitted by law, if Sculptr determines that you have violated these Terms, engaged in fraudulent or unlawful conduct, created a safety risk, or otherwise used the Platform in a manner that may harm Sculptr, a Trainer, a Client, or any third party.

You may delete your account at any time, subject to any outstanding payment obligations, completed transactions, dispute resolution obligations, or other provisions of these Terms that by their nature survive termination.

13. Disclaimer of Warranties

THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SCULPTR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SCULPTR DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY TRAINER OR CLIENT WILL ACHIEVE ANY PARTICULAR RESULT.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCULPTR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE PLATFORM, THE SERVICES, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, SCULPTR'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PLATFORM, THE SERVICES, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SCULPTR FOR THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

You assume all risks associated with participation in fitness activities and receipt of Services.

15. Indemnification

You agree to indemnify, defend, and hold harmless Sculptr and its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your access to or use of the Platform; (b) your content; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; or (e) if you are a Trainer, the Services you provide.

16. Changes to These Terms

Sculptr may revise these Terms from time to time by posting an updated version on the Platform and updating the Effective Date. Your continued access to or use of the Platform after the effective date of any revised Terms constitutes your acceptance of the revised Terms.

17. Governing Law

These Terms and any dispute arising out of or relating to these Terms, the Platform, or the Services shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles.

18. Contact

Questions regarding these Terms should be directed to Sculptr using the contact information provided on the Platform.