Terms of Use

1. Who we are and what these Terms cover

These Terms of Use ("Terms") are an agreement between you and Absofitly LLC, a Florida limited liability company ("Absofitly," "we," "us"). They cover your use of absofitly.com, its Spanish and Portuguese versions, Partner sites at name.absofitly.com, the Partner back office, our store, and our Wellness app when it launches (together, the "Platform").

By creating an account, buying something, or using the Platform, you agree to these Terms. If you don't agree, don't use the Platform.

Contact: [email protected] · (407) 798-8798 · 207 W State Rd 434 Suite A, Winter Springs, FL 32708

2. Other terms that may apply to you

Depending on what you do on the Platform, these documents also apply and are part of these Terms:

• Everyone: Privacy Policy, Cookie Policy, Medical and Supplement Disclaimer, Community and Messaging Guidelines.
• Patients: Notice of Privacy Practices.
• Shoppers: Refund and Returns Policy, Subscribe & Save Terms.
• Program clients: Weight Loss Program Terms and Results Guarantee, Health Information Consent, Participation Waiver, Booking and Cancellation Policy.
• Partners and Wellness Advocates: Partner Program Agreement, Policies and Procedures, Compensation Plan, Income Disclosure Statement, Partner Site and Content Guidelines.
• Coaches, trainers and other providers: Provider Services Agreement and Directory Listing Terms.
• Course takers: Course and Certification Terms.

If one of those documents conflicts with these Terms, the more specific document controls for that topic.

3. We don't give medical advice through the website

Absofitly offers wellness, fitness and nutrition coaching, weight loss programs and supplements. Content on the Platform (articles, recipes, videos, courses and general coaching) is for general information. It is not medical advice, diagnosis or treatment. Medical services are provided only by licensed clinicians during a scheduled visit. Talk to your doctor before starting any diet, exercise program or supplement, especially if you are pregnant or nursing, take medication, or have a health condition. In an emergency, call 911. See our Medical and Supplement Disclaimer.

4. Who can use the Platform

• Adults (18 and older) can create an account and use every part of the Platform their role allows.
• Teens (13 to 17) may only browse content and buy general store products, through a parent or legal guardian's account and with that parent's permission and supervision. Teens may not buy products marked 18+ (see Section 6), join weight loss programs, book sessions, take courses, become Partners, Wellness Advocates or providers, or post in the community or messaging. The parent is responsible for the teen's use of the Platform.
• Children under 13 may not use the Platform. We don't knowingly collect information from children under 13. If we learn we have, we delete it.
• Location. We currently sell, ship and provide services in the United States only.

5. Your account

• One login, several roles. One account and one sign-in work across the site, store, Partner back office and (later) the Wellness app. One account can hold several roles, such as customer, Partner and coach. Each role you add may require you to accept that role's agreement.
• Accurate information. Give us true, current information and keep it up to date. One person per account; don't share your login.
• Security. You are responsible for activity on your account. Tell us right away at [email protected] if you think someone else has used it.
• Profession and credentials. You can add a profession to your account. If you present yourself as a health or fitness professional (for example, a coach, trainer or nutritionist), you must prove you hold the credentials you claim before we show that profession in the directory or let you provide services. We check what you upload when you apply, but that check is not a guarantee of anyone's skill or qualifications (see Section 11). You must tell us if a credential lapses, is suspended or is revoked.

6. Buying from our store

• Some products are 18+ only. Products labeled, marketed or sold for weight loss or muscle building (and any bundle or subscription that includes one) are marked "18+" and may only be bought by an adult. You'll confirm you are 18 or older at checkout when your cart contains one. General products such as vitamins and protein may be bought by teens 13 to 17 through a parent or guardian's account with their permission. We may cancel an order we believe breaks this rule or state law.
• Checkout and payment. Store orders are completed through Shopify's hosted checkout and paid through Shopify Payments. Shopify's terms and privacy policy also apply to the checkout. We don't see or store your full card number.
• Prices. Prices are in US dollars and may change before you order. Partners and Wellness Advocates may see member prices. If we list a price in error, we may cancel the order and refund you.
• Shipping and taxes. You pay shipping and any sales tax, shown at checkout. Risk of loss passes to you when the carrier delivers the order.
• Subscribe & save. Recurring orders are covered by our Subscribe & Save Terms. You'll see the price, discount, delivery interval and how to cancel before you subscribe, and you can manage or cancel in your Shopify customer account.
• Gift cards are covered by our Refund and Returns Policy.
• Returns and refunds follow our Refund and Returns Policy.

7. Weight loss programs and coaching

Weight loss programs (20-day and 40-day) and coaching are governed by our Weight Loss Program Terms. Program prices are shown after a free consultation. Results vary from person to person and depend on many things, including how closely you follow the plan. Only the Full Coaching option carries the Results Guarantee, and only on the conditions in the Weight Loss Program Terms.

8. Booking sessions

You can request sessions with coaches, trainers, nutritionists and other providers from their profiles. A booking is confirmed only when the provider approves it. Cancellations made less than 24 hours before a session are handled under our Booking and Cancellation Policy. Session credits that come with a program follow the Weight Loss Program Terms.

9. Members-only content

Some articles, recipes and resources are open to everyone. Others are only for anyone signed in to an account, customers who have bought something from us, or clients enrolled in a specific program for as long as the program gives access. We decide which content falls in each group and may change access at any time. Access is for your personal use only. You may not copy, resell or share members-only content.

10. Courses and certificates

Courses, lessons, quizzes and certificates are for education. An Absofitly certificate, including our coach certification, is not a government license, a medical credential or permission to practice any licensed profession. It shows you completed our course. We may require it before you coach certain programs on the Platform. See our Course and Certification Terms.

11. The directory and independent professionals

The directory lists coaches, trainers, nutritionists and other health professionals. Most are independent businesses, not our employees. We check credentials when someone applies, but we don't supervise how independent professionals practice, and a listing is not a recommendation or guarantee. You decide whether to work with a professional. Report concerns about a listed professional to [email protected].

12. Partners, Wellness Advocates and referral links

Partners and Wellness Advocates are independent business owners, not employees or agents of Absofitly. When you shop through a Partner's link or personal site, a cookie credits that Partner for your purchase; it doesn't change your price unless an offer says so. Partners may not speak for Absofitly or make promises we haven't made.

Becoming a Partner is governed by the Partner Program Agreement. We make no promise that any Partner will earn money. See our Income Disclosure Statement.

13. Content you post

• You keep ownership of what you post or upload: reviews, comments, community posts, progress photos, videos, recipes, Partner site notes, certificate files and messages ("Your Content").
• What you allow us to do. You give Absofitly a non-exclusive, royalty-free license to host, store, display, translate and format Your Content as needed to run the Platform and show it where you posted it. This license ends when you delete Your Content or your account, except for backup copies, copies the law requires us to keep, and content others have already shared or replied to.
• No marketing use without permission. We will not use your name, image, story, results or Your Content in advertising unless you give separate written permission for that use. You can withdraw permission for future use at any time.
• Approval. Content from Partners and professionals (for example, Partner site pages, videos, articles and recipes) is reviewed before it goes live, and we can refuse or remove it.
• Your responsibility. You confirm you have the right to post Your Content and that it follows our Community and Messaging Guidelines and Partner Site and Content Guidelines. Testimonials must be truthful and reflect your real experience.
• Honest reviews are welcome. Nothing in these Terms stops you from posting an honest review of Absofitly, including a negative one.

14. Messaging and community

In-app messaging connects clients with their coaches and Partners. Coaches don't see a client's email or phone number unless the client's Partner allows it. Follow our Community and Messaging Guidelines. Don't use messaging for spam or harassment. We may review messages when needed to provide support, investigate a report, keep users safe or follow the law.

15. Our content and trademarks

The Platform, including its design, software, text, recipes, articles, courses, videos and the Absofitly name and logo, is owned by Absofitly or by the contributors who created it and licensed it to us. Some program materials and marks belong to NutriMost and are used under license. You may use the Platform for your own personal, non-commercial purposes (or, for Partners and providers, as your agreement allows). You may not copy, sell, scrape, frame or create works based on our content without written permission.

Copyright complaints. If you believe content on the Platform infringes your copyright, email [email protected] with the details required by the Digital Millennium Copyright Act.

16. What you may not do

You may not:

• break the law or help anyone else do so;
• give false information, impersonate anyone, or claim credentials you don't hold;
• make health, weight loss, cure or income claims about Absofitly, NutriMost or our products that we haven't approved;
• post content that is false, misleading, harassing, hateful or sexual, or that shares someone else's private or health information;
• create fake accounts, self-refer, manipulate referral links, cookies or click counts, or game commissions or guarantees;
• scrape, overload, hack, reverse engineer or interfere with the Platform or its security;
• resell members-only content, courses or program materials.

17. Third-party services

The Platform relies on other companies, including Shopify (store, checkout, payments, subscriptions), Cloudflare (hosting and file storage), Trainerize, Wellness Intelligence, Microsoft (Wellness app sign-in), Twilio (text messages) and email providers. Their own terms may apply when you use their parts of the service. We aren't responsible for services we don't control. Our Privacy Policy explains what information they receive.

18. Suspending or closing accounts

• You can close your account at any time by contacting [email protected]. Closing your account doesn't cancel orders already placed or end agreements you signed for a role. Cancel any Subscribe & save subscription separately in your Shopify customer account.
• We may suspend or close an account, or remove a role, if you break these Terms or a role agreement, if the law requires it, or to protect users or the Platform. We will tell you the reason unless the law or safety prevents it.
• Money and credits when an account closes. Money you have already earned (commissions or provider earnings) will be paid on the normal schedule, minus any refunds, chargebacks, guarantee claims or other amounts you owe us. Earnings are forfeited only if they came from fraud or from a violation that created them (for example, self-referrals or fake orders). Unused session credits are handled under the Weight Loss Program Terms.

19. No warranties

We work hard to keep the Platform accurate and running, but we provide it "as is" and "as available." To the extent the law allows, we disclaim all warranties not stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We don't promise any particular weight loss, health or income result, or that the Platform will be error-free or always available.

20. Limits on our liability

To the extent the law allows, Absofitly is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or data, and our total liability for any claim about the Platform is limited to the greater of the amount you paid us in the 12 months before the claim or $100. These limits don't apply where the law doesn't allow them, including for our gross negligence or intentional misconduct, or to medical services, which are governed by the law that applies to them.

21. Your responsibility to us

If a third party makes a claim against Absofitly because of your content, your breach of these Terms, or your misuse of the Platform, you agree to cover our reasonable losses and legal fees from that claim.

22. Resolving disputes

Please read this section carefully. It affects your legal rights.

1. Talk to us first. Before starting any claim, send a written description of the problem and what you want to [email protected]. We'll try to resolve it within 30 days.
2. Arbitration. If we can't resolve it, you and Absofitly agree to settle the dispute by binding individual arbitration, not in court, administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Orange County, Florida, or by video or phone if you prefer.
3. Exceptions. Either of us may bring an individual claim in small claims court in Orange County, Florida, or your home county, if it qualifies. Either of us may ask a court to stop infringement of intellectual property.
4. No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative action. You and Absofitly waive any right to a jury trial.
5. Opting out. You may opt out of arbitration within 30 days after you first accept these Terms by emailing [email protected] with your name and a clear statement that you opt out.
6. Governing law. Florida law governs these Terms, along with the Federal Arbitration Act, without regard to conflict-of-law rules. Any court case allowed under these Terms will be filed in the state or federal courts in Orange County, Florida.

23. Changes to these Terms

We may update these Terms. If a change is significant, we'll notify you by email or on the Platform at least 30 days before it takes effect. Continuing to use the Platform after that means you accept the change. Changes don't apply to disputes that arose before the change.

24. Languages

These Terms are available in English, Spanish and Portuguese. If the translations differ, the English version controls.

25. General

These Terms and the documents in Section 2 are the whole agreement between you and Absofitly about the Platform. If any part is found unenforceable, the rest stays in effect. If we don't enforce a term right away, we can still enforce it later. You may not transfer your account or these Terms; we may transfer them as part of a merger, sale or reorganization. We aren't responsible for delays caused by events outside our reasonable control.

26. Contact us

Absofitly LLC · 207 W State Rd 434 Suite A, Winter Springs, FL 32708 · [email protected] · (407) 798-8798