My Workout AI

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY

These Terms & Conditions (“Terms”) cover important information about MYWORKOUTAI Inc. (hereinafter, “MYWORKOUT.AI”) including the Website, App, Program, social media platforms and/or the Subscription, and any applicable fees

MYWORKOUT.AI provides an online fitness workout options and related services, content and features through the MYWORKOUT.AI website, and through mobile, tablet, desktop, and/or device applications (“Apps”)) and MYWORKOUT.AI social media pages. By registering as a member or by visiting, browsing, or using MYWORKOUT.AI in any way, user (as a “USER”) accepts and agrees to be bound by these Terms, which form a binding agreement between USER and MYWORKOUT.AI.

PLEASE READ CAREFULLY:  These terms and conditions contain a binding arbitration provision (section ixi) which affect user’s rights related to disputes user may have with myworkout.ai. except where prohibited by law and as set forth in (section xi), by purchasing, engaging with or otherwise using any myworkout.ai, user expressly agree that disputes between user and myworkout.ai will be resolved by binding, individual arbitration, and user hereby waive user’s right to participate in a class action lawsuit or class-⁠wide arbitration. if user do not agree to these terms and conditions, please immediately cease use of any myworkout.ai services.

MYWORKOUT.AI IS NOT INTENDED FOR ANYONE UNDER THE AGE OF 18. IF USER IS UNDER 18 YEARS OF AGE, USER MAY ONLY ACCESS AND/OR USE ANY MYWORKOUT.AI SERVICES WITH THE INVOLVEMENT AND APPROVAL OF USER’S PARENT OR LEGAL GUARDIAN.

These Terms and Conditions of Use form a legally binding agreement between USER and MYWORKOUT.AI, and govern USER’s access and use, and our provision of, MYWORKOUT.AI services and any other technology, content, items or other materials provided by or through MYWORKOUT.AI, or otherwise on which these Terms are provided (including via links).

BY ACCESSING OR USING ANY MYWORKOUT.AI SERVICE, USER AGREES TO BE BOUND AND ABIDE BY THESE TERMS (INCLUDING WITHOUT LIMITATION SECTION XI BELOW), OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO, AND USER AGREES USER IS AT LEAST 18 YEARS OF AGE.

BY ACCESSING OR USING ANY MYWORKOUT.AI SERVICE, USER AGREES TO BE BOUND AND ABIDE BY THESE TERMS (INCLUDING WITHOUT LIMITATION SECTION XI BELOW), OUR PRIVACY POLICY AND ANY AMENDMENTS THERETO, AND USER AGREES USER IS AT LEAST 18 YEARS OF AGE.

I. Definitions.

For the purposes of these terms and conditions the following definitions apply:

A. App means the MYWORKOUT.AI App, which allows access to the MYWORKOUT.AI Website from remote devices, such as mobile phones, tablets and desktops.

B. License refers to the license granted by MYWORKOUT.AI to USER governing use of the Website and the Services in accordance with these terms and conditions
by USER;

C. Our, ourselves, us, we, refer to MYWORKOUT.AI and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;

D. Party refers to a party to these Terms and Conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than one person, then these Terms and Conditions bind them jointly and each of them severally;

E. Program means the MYWORKOUT.AI program and services;

F. Social Media platforms include Facebook, Instagram, Twitter, and Tiktok.

G. Subscription refers to the subscription with MYWORKOUT.AI allowing USER’s use of the MYWORKOUT.AI Website, App, the Program and/or the social media platforms controlled by MYWORKOUT.AI;

H. Terms and Conditions means these Terms and Conditions as amended from time to time;

I. USER, USER’s, you and your refers to USER, the person accessing the website and agreeing to the terms and conditions of your use of the Website and its contents.

J. Website means collectively the website MYWORKOUT.AI, social media platforms controlled by MYWORKOUT.AI and/or services offered or provided by MYWORKOUT.AI including the MYWORKOUT.AI App;

II. License.

By accepting the Terms and Conditions herein, USER is granted a non-exclusive, nontransferable, License access and use, for non-commercial purposes, the MYWORKOUT.AI App and Website, Social Media platforms and services offered on the MYWORKOUT.AI App and Website (“Services”). This License shall continue until terminated in accordance with this Agreement.

III. Use of Website and App.

A. These Terms govern USER’s right to use the MYWORKOUT.AI App and Website and USER’s access to MYWORKOUT.AI’s services/programs, the social media platforms and/or any products or services acquired in relation to the Program and/or any links provided on the MYWORKOUT.AI MYWORKOUT.AI App and Website to other websites.

B. Use of the MYWORKOUT.AI App, Website, services/programs, the social media platforms and/or any products or services does not convey USER with ownership rights MyWorkout. AI Terms and Conditions Page 3 of 9 to such content. By using and/or downloading any content, USER agrees not to use the content for any unlawful purpose and USER agrees that USER’s use of the MYWORKOUT.AI App and Website is only for USER’s personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the MYWORKOUT.AI App and Website, the Program and/or the social media platforms.

C. User agrees that in downloading any service or product from the MYWORKOUT.AI App and Website and social media platforms, USER will not rent, lease or lend it to a third party nor reverse engineer, or modify content from the MYWORKOUT.AI App and Website.

D. User agrees that in using the MYWORKOUT.AI App and Website and social media platforms, USER will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.

E. User agrees that MYWORKOUT.AI may, and reserve the right to, remove any comments made by USER about the MYWORKOUT.AI App and Website and social media platforms, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe to be damaging to MYWORKOUT.AI.

IV. USER’s Agreement and Subscriptions.

A. Through the use, of the MYWORKOUT.AI App and Website and social media platforms, including the Services and offered or provided on the MYWORKOUT.AI App and Website and social media platforms, USER is deemed to have read and personally agreed to the Terms and Conditions.

B. Any and all subscriptions and enrollments offered by MYWORKOUT.AI and payment for such is governed by these Terms and Conditions.

C. USER represents and warrants that USER is at least 18 years old and will be responsible for the information provided when creating a Subscription. This program is not designed or recommended for anyone under 18 years old. If USER is accessing and using the MYWORKOUT.AI App and Website and social media platforms or subscribing for access to the Program or any of the MYWORKOUT.AI App and Website and social media platforms services or products on behalf of a party who is not at least 18 years of age, then USER is representing that USER is that party’s legal guardian and USER is responsible for that party’s compliance with these Terms and Conditions. USER will indemnify MYWORKOUT.AI for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.

D. MYWORKOUT.AI has the right to refuse to deal with USER, at any time, including the suspension or termination of USER’s Subscription, if we believe that USER may or will bring our reputation, those individuals who represent us in the marketplace, our other users, and social media members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of, enjoyment and/or access to the MYWORKOUT.AI App and Website and social media platforms or to the contents and components of the MyWorkout.AI Terms and Conditions Page 4 of 9 MYWORKOUT.AI App and Website and social media platforms or are in any way in breach of these Terms and Conditions.

V. Intellectual Property.

USER acknowledges and agrees that the MYWORKOUT.AI, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by MYWORKOUT.AI or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain MYWORKOUT.AI (such as our mobile applications and online tools) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of MYWORKOUT.AI and/or its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with MYWORKOUT.AI’s ownership of the MYWORKOUT.AI, and that you gain no rights, title, or interest in or to any MYWORKOUT.AI Services or any goodwill associated therewith, except as stated in these Terms or any executed written agreement between you and MYWORKOUT.AI. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of MYWORKOUT.AI or any third party. Any and all goodwill arising from your use of any MYWORKOUT.AI Services shall inure solely to the benefit of MYWORKOUT.AI.

VI. MEDICAL DISCLAIMER.

A. MYWORKOUT.AI and its programs and services are not a substitute for and do not Constitute Medical Advice or Other Professional Healthcare Advice. Although MYWORKOUT.AI provides its products and services with your health and safety as goal, each USER has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by MYWORKOUT.AI, and obtain appropriate authorization before accessing or using any MYWORKOUT.AI Services, especially if you are prone to injuries, are pregnant or nursing, are under 18 years of age, or have any other unique or special medical conditions. ALL MYWORKOUT.AI SERVICES ARE PROVIDED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through the MYWORKOUT.AI Services should not be relied upon when making medical or other important healthcare decisions. MYWORKOUT.AI DOES NOT PROVIDE CLINICAL SERVICES. ANY COACHES OR INDIVIDUALS of MYWORKOUT.AI IN ANY MYWORKOUT.AI SERVICES ARE NOT FUNCTIONING IN ANY CLINCIAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SIMPLY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. THUS, IT IS EXTREMELY IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN OR LICENSED HEALTHCARE PROVIDER – AND NOT MYWORKOUT.AI, MyWorkout.AI Terms and Conditions Page 5 of 9 TEAM MYWORKOUT.AI COACHES OR ANY INDIVIDUAL CERTIFIED BY MYWORKOUT.AI – IN CONNECTION WITH YOUR MEDICAL OR HEALTH CONDITION. YOUR USE OF ANY MYWORKOUT.AI SERVICES DOES NOT CREATE A DOCTORPATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND MYWORKOUT.AI OR YOU AND ANY PERSON CERTIFIED THROUGH MYWORKOUT.AI. Any individual results using MYWORKOUT.AI Services may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition.

B. Safety Warnings. MYWORKOUT.AI provides safety warnings, along with care and use instructions for certain exercises, equipment, products and services. You must always carefully read and follow all such warnings and instructions prior to beginning any exercise, or use of any equipment, products or services. Failure to read and follow any applicable warnings and instructions could result in serious injury and/or death to you and others.

C. Assumption of Risk. You expressly acknowledge and agree that your access, use and/or involvement with any MYWORKOUT.AI products or services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold MYWORKOUT.AI harmless from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any MYWORKOUT.AI Services.

VII. Disclaimer of Warranties.

YOU ACKNOWLEDGE AND AGREE THE MYWORKOUT.AI SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH, FITNESS, NUTRITION AND WELLNESS CONTENT AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE MYWORKOUT.AI SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE MYWORKOUT.AI SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY MYWORKOUT.AI SERVICES. YOU AGREE TO USE THE MYWORKOUT.AI SERVICES AT YOUR SOLE RISK. YOU WILL NOT HOLD MYWORKOUT.AI OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE MYWORKOUT.AI MyWorkout.AI Terms and Conditions Page 6 of 9 SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE MYWORKOUT.AI SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH MYWORKOUT.AI; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.

VIII. Indemnification; Limitation of Liability.

A. Indemnification. You agree to indemnify and hold MYWORKOUT.AI, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your improper use of any MYWORKOUT.AI Services, your violation of these Terms, or your violation of any rights of a third party.

B. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYWORKOUT.AI, MYWORKOUT.AI, LLC, TEAM MYWORKOUT.AI CANADA LP, OR ANY OF ITS SUBSIDIARIES, AFFILIATES OR PARENT COMPANIES, OR ANY OF THEIR SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO MYWORKOUT.AI OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY MYWORKOUT.AI SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF MYWORKOUT.AI AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE MyWorkout.AI Terms and Conditions Page 7 of 9 LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO MYWORKOUT.AI FOR ANY MYWORKOUT.AI SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MYWORKOUT.AI AND YOU. THE MYWORKOUT.AI SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. MYWORKOUT.AI WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL DISASTER, CIVIL UNREST OR WAR.

IX. Membership

User agrees to provide accurate and truthful details about USER in subscription registration. We reserve the right to suspend or terminate your Subscription if we learn that you, at any time, provided inaccurate, incomplete or misleading personal information. Once you register on the MYWORKOUT.AI App and Website and social media platforms, you will be given special access to MYWORKOUT.AI App and Website and social media platforms. Access to the information provided is for your sole use only. Passwords, rights or access given to you is not transferable to any third party. MYWORKOUT.AI reserves the right, to terminate your access if we believe you failed to comply with any of the provisions of these Terms and Conditions. Likewise, we reserve the right, at our sole discretion to terminate yout access to our social media platforms once you have canceled your membership.

X. Third Party Services and Content.

USER may view content provided by third-parties on our App/Website and social media platforms, including links to web pages and services of such parties (“Third Party Content”). Unless expressly stated otherwise, MYWORKOUT.AI does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. Your dealings or correspondence with such third parties are solely between you and the third party. MYWORKOUT.AI is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk. If you access the App/Website and social media platforms through or using any services or software provided by third parties, you acknowledge and agree that MYWORKOUT.AI is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.

XI. Dispute Resolution.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND JUDGMENT ON MyWorkout.AI Terms and Conditions Page 8 of 9 THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. CLAIMS SHALL BE HEARD BY A SINGLE ARBITRATOR. THE PLACE OF ARBITRATION SHALL BE AUSTIN, TEXAS, USA. THE ARBITRATION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. PURSUANT TO THE COMMERCIAL ARBITRATION RULES, THE ARBITRATORS WILL HAVE THE AUTHORITY TO ALLOCATE THE COSTS OF THE ARBITRATION PROCESS AMONG THE PARTIES, BUT WILL ONLY HAVE THE AUTHORITY TO ALLOCATE ATTORNEYS’ FEES IF A PARTICULAR LAW PERMITS THEM TO DO SO.

XII. Renewal & Termination.

USER’s Subscription with MYWORKOUT.AI will automatically renew for the same term of USER’s initial Subscription unless USER cancel their Subscription via the billing platform We can terminate USER’s License, Subscription and/or participation in the social media platforms at our sole discretion if we believe USER breached any of these Terms and Conditions and/or USER have or are facilitating the unlawful activity of a third party in respect of the MYWORKOUT.AI App and Website and social media platforms. We may to take any other action necessary to enforce these Terms and Conditions.

XIII. Modification of Services.

You acknowledge that MYWORKOUT.AI is entitled at any time, to change, modify, vary, delete or otherwise deal with the MYWORKOUT.AI App and Website and social media platforms and/or the Terms and Conditions. You will be notified of any changes, by publishing them on the MYWORKOUT.AI App and Website. The most current Terms and Conditions will always be placed on the MYWORKOUT.AI App and Website

XIV. Governing Law.

This Agreement shall be governed by the laws of the State of Delaware, without regard to the law of conflicts.

XV. Miscellaneous.

A. Entire agreement These Terms and Conditions form the entire agreement between MYWORKOUT.AI and USER in relation to the Website, App, the Program and/or the social media platforms and USER’s use of such.

B. Waiver No waiver by either party of any of the terms or conditions of this Agreement shall be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof.

C. Good Faith All information provided by us on the MYWORKOUT.AI Website, App, the Program and/or the social media is being provided in good faith. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any MyWorkout.AI Terms and Conditions Page 9 of 9 representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by USER on any information or material available on the Website.

D. Force Majeure Event. A “Force Majeure Event” means any event beyond MYWORKOUT.AI ‘s reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction. If a Force Majeure Event occurs that affects our ability to perform its obligations under these Terms of Use, the MYWORKOUT.AI team will contact you as soon as reasonably possible to notify you and MYWORKOUT.AI’s obligations under these Terms of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.

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