Terms of Service

1. Acceptance of Terms

Welcome to Athleonix Performance. By accessing, browsing, or using our website, mobile applications, or any of our online coaching services (collectively referred to as the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), along with our Privacy Policy and Refund Policy, which are incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "Client," "you," or "your") and Athleonix Performance ("Company," "we," "us," or "our").

If you do not agree with any part of these Terms, you must not access or use our Services. Your continued use of the Services following the posting of any changes to these Terms constitutes your acceptance of those changes. We reserve the right to modify, update, or revise these Terms at any time without prior notice. It is your responsibility to review these Terms periodically to stay informed of any updates.

These Terms apply to all visitors, users, clients, and others who access or use the Services. By using our Services, you represent and warrant that you are at least 18 years of age, or if you are between the ages of 13 and 18, that you have obtained the consent of a parent or legal guardian. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Athleonix Performance provides personalized online fitness coaching services, including but not limited to:

• Individualized training program design and periodization
• Personalized nutrition planning and macro-nutrient optimization
• Weekly progress check-ins and accountability reports
• Video-based technique and biomechanical analysis
• One-on-one virtual coaching sessions via approved communication platforms
• Goal-setting workshops and progress tracking
• Recovery and lifestyle optimization recommendations

Our Services are designed for informational and educational purposes related to physical fitness and general wellness. We are not a medical provider, and our Services do not constitute medical advice, diagnosis, or treatment. You should always consult with a qualified healthcare professional before beginning any new exercise program, nutritional plan, or making changes to your existing health and fitness routine. Our coaches provide guidance based on fitness industry best practices and evidence-based methodologies, but this should never replace professional medical advice.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any features, database, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability. The scope and nature of our Services may evolve over time, and we encourage clients to review any service descriptions, packages, or offers carefully before purchasing.

3. User Accounts and Registration

To access certain features of our Services, you may be required to create an account or provide personal information through our intake forms and communication channels. You agree to provide accurate, current, and complete information during the registration and intake process. You are solely responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. Accounts are non-transferable and may not be shared with or used by any other individual. Each client must have their own individual account. We reserve the right to verify the identity of account holders and to request additional information if we suspect any fraudulent or unauthorized activity.

4. Payment and Billing

All fees for our coaching services are outlined at the time of purchase and are subject to change. By purchasing a coaching package or subscription, you agree to pay all applicable fees and charges. All payments must be made through our approved payment processors. Prices are listed in the currency specified on our website and do not include any applicable taxes, levies, or duties imposed by taxing authorities, which you are solely responsible for paying.

For subscription-based services, your payment method will be charged automatically at the beginning of each billing cycle unless you cancel your subscription prior to the renewal date. Failure to pay may result in the suspension or termination of your access to our Services. We do not store your complete payment information on our servers; all payment data is processed through secure, PCI-compliant third-party payment processors.

If you believe that you have been billed in error, please contact us immediately at the email addresses provided below. We will review the billing concern and, if a billing error is confirmed, issue an appropriate correction or refund in accordance with our Refund Policy.

5. Client Responsibilities and Assumption of Risk

By using our Services, you acknowledge and agree that participation in any fitness, exercise, or training program involves inherent risks of physical injury, including but not limited to sprains, strains, fractures, and in rare cases, more serious injuries. You voluntarily assume all such risks and agree to hold Athleonix Performance, its coaches, employees, agents, and affiliates harmless from any claims, demands, losses, damages, or expenses (including legal fees) arising out of or related to your participation in our programs.

You are responsible for ensuring that you are in adequate physical condition to participate in the training programs prescribed by our coaches. You agree to immediately inform your coach of any injuries, health conditions, medical concerns, or changes in your physical condition that may affect your ability to safely participate in the program. You acknowledge that our coaches are not licensed medical professionals unless explicitly stated otherwise, and that the advice provided is based on fitness coaching expertise.

You agree to follow all instructions and guidelines provided by your assigned coach to the best of your ability. You understand that failure to adhere to the prescribed programs, nutritional guidelines, and safety recommendations may result in diminished results, injury, or other adverse outcomes for which Athleonix Performance shall not be held liable.

6. Intellectual Property Rights

All content, materials, programs, training plans, nutritional protocols, educational resources, branding, logos, graphics, text, images, videos, software, and any other intellectual property available through our Services are owned by or licensed to Athleonix Performance and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use these materials solely for your personal, non-commercial use in connection with your coaching program.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our intellectual property without our prior written consent. Any unauthorized use of our intellectual property may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Programs and plans provided to you are for your individual use only and may not be shared, resold, or distributed to any third party.

7. Privacy and Data Protection

Your privacy is critically important to us. We collect, use, and protect your personal information in accordance with our Privacy Policy, which is available on our website. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy. We are committed to safeguarding the personal data you share with us and employ industry-standard security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information.

You acknowledge that any information, including but not limited to photos, videos, body measurements, dietary logs, and health data that you voluntarily submit to us in connection with the Services will be used solely for the purposes of providing your coaching program and improving our Services. We will never sell your personal data to third parties for marketing purposes.

8. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You may terminate your account at any time by contacting us through the email addresses provided below. Please note that termination of your account does not entitle you to a refund of any fees already paid, except as outlined in our Refund Policy. Any outstanding balances or fees owed at the time of termination remain your responsibility.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Athleonix Performance, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

In no event shall our total aggregate liability to you for all claims arising out of or relating to the use of or inability to use the Services or these Terms exceed the amount you have paid to us in the twelve (12) months preceding the date on which the claim arose. The limitations of liability set forth in this section shall apply to the fullest extent permitted by law in the applicable jurisdiction.

10. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Athleonix Performance does not warrant that the Services will function uninterrupted, secure, or available at any particular time or location, or that any errors or defects will be corrected.

We do not guarantee any specific results from the use of our coaching programs. Individual results vary based on numerous factors including but not limited to genetics, adherence to the program, pre-existing health conditions, lifestyle factors, and effort. Any testimonials, case studies, or results shared on our website or marketing materials represent individual experiences and are not intended as guarantees of outcomes you can expect.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States of America, without regard to its conflict of law principles. Any disputes arising from or related to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Jefferson County, Kentucky, and you consent to the personal jurisdiction and venue of such courts.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Athleonix Performance.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services.