Introduction. These Terms and Conditions (hereinafter “Terms”) is a legal agreement that governs the relationship between you (hereinafter “you”, “your” or “user”) and Engave Inc., having its registered address at 2890 SE Moraine Ct., Waukee, IA 50263, United States, with company registration number FT0206671 (hereinafter “Company”, “we” or “us”) in connection with the use of our site accessible at our website (hereinafter “Site”) and Health and Lifestyle products, and services, including other supplementary services (hereinafter “Services”), accessible at the Site. We may offer additional services or products or modify or revise any of the Services at our discretion, and these Terms will apply to all additional services or products and all modified or revised Services unless otherwise indicated. We also reserve the right to cease offering any of the Services. You agree that we shall not be liable to you or any third party for any modification, revision, suspension, or discontinuance of any of the Services.
If you do not want to agree to these Terms of Service or the Privacy Notice, you must not access or use the Site or any content, functionality, or Services offered on or through the Site.
Privacy Notice. In connection with your access to or use of the Site and our Services, we may obtain information from or about you. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into these Terms and forms part of these Terms.
Eligibility. By accessing or using the Services, you represent and warrant that you are at least 18 years old and you have the right, authority, and capacity to enter into this agreement and to abide by all of these Terms, the Privacy Notice, and any other rules posted by us on this Site.
If you are entering into these Terms on behalf of a company or other legal entity, you confirm that you have the legal authority to bind the legal entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, the Privacy Notice, or any other rules posted by us on this Site, you may not use the Site or the Services.
Account. For the purpose of using certain features of the Service, you may need to register your account (hereinafter “Account”) and provide certain information about yourself as prompted by the registration form.
If you register the Account, you represent and warrant that:
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We reserve the right at our sole discretion to terminate or suspend any Account or make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice:
Our Services and Subscriptions. The Site provides three types of service options:
free-of-charge options, options that require prepayment (hereinafter “Paid Subscription”), and special promotional plans (hereinafter “Trial”).
If you purchase any Paid Subscription or Trial, you authorize the Company and our designated payment processors to store your payment information and other related information. You shall keep your contact information, billing information, and credit card information (where applicable) up to date.
You also agree to pay the applicable fees for the Paid Subscription and the Trial (including without limitation periodic fees for the ongoing Paid Subscription (hereinafter “Fees”) as set forth on the Services as they become due. You acknowledge that we may use the third party to process such payments and you give consent to the disclosure of your payment information to such a third party.
All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Subscription or Trial except as expressly set forth in these Terms, or otherwise required by applicable law, or at the Company’s sole and absolute discretion.
If you subscribe for the Paid Subscription and you do not cancel it prior to the end of the subscription term, your Paid Subscription will be automatically extended at the end of each term for successive renewal periods of the same duration as the subscription term originally selected (for example, unless you cancel, a one-month subscription will automatically renew on a monthly basis and a three-month subscription will automatically renew on a three-month basis).
You acknowledge and agree that your payment method will be automatically charged for such Fees.
In case of the Trial, your access to the Service will automatically continue and you will be billed the applicable Fees for the Service unless you cancel before the end of the Trial, or unless otherwise stated. Please, be aware that all your rights to any remaining trial periods will be waived, and you will not have a right to participate in any further Trials (except if the Company will allow you) if you cancel the Services before the end of the trial period.
ATTENTION! It is ultimately your responsibility to know when the Paid Subscription or the Trial will end.
By accepting these Terms, you agree that we reserve the right to change Fee rates for the Paid Subscription and the Trial at any time in our sole discretion and to the maximum extent permitted by applicable laws. You will be given notice of changes in the pricing of the Paid Subscription or the Trial to which you have subscribed and an opportunity to cancel. If the Company changes the Fees and you do not cancel your Paid Subscription or Trial, you agree that you will be charged at Company’s then-current pricing for the Paid Subscription or the Trial.
You also agree that we can charge your credit card or bank account for all Fees payable during the term of the Paid Subscription or the Trial.
Your use. By accessing or using the Services you agree:
You agree that you will not:
User’s submissions. By submitting any content to us you automatically grant or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our business or with businesses of our successors, parents, subsidiaries, affiliates, and related companies. We may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright that may exist in such content.
You shall not submit any content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from the content that you submit.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
Errors, inaccuracies, and omissions. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, and availability. We reserve the right (but we are not obliged) to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related site should be taken to indicate that all information in the Service or on any related site has been modified or updated.
Third-party content. Like many subscription-based services, there are ads on our Site. Our Services may contain advertisements and promotions offered by third parties and links to other sites or resources. We may also provide links or references to third parties within its content. We are not responsible for the availability (or lack of availability) of any external sites or resources or their content. Furthermore, we are not responsible for and do not endorse, any products or services that may be offered by third-party sites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.
Intellectual property rights. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Company logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files, and the arrangement thereof, and all intellectual property rights related thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights of the Company.
You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access and use the Services as permitted by the features of the Services, subject to these Terms.
You agree, represent, and warrant, that:
– your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties;
– you have no authority to use, copy, reproduce, republish, upload, post, display, transmit, or frame the content of the Site, including Company’s trademarks and copyrighted materials, for any purpose other than those expressly specified by these Terms;
– you will comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.
Any use of the Services or the Site other than as expressly authorized herein, without the prior written consent of the Company, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. The Company reserves all rights not expressly granted herein in the Services and the Site. This license is revocable at any time.
Indemnification. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless the Company, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your conduct toward other users, or your breach of these Terms, Privacy Notice, or any other rules posted on this Site.
Entire agreement and severability. These Terms, Privacy Notice, and any other rules posted by us on this Site constitute the entire agreement between the Company and you with respect to its subject matter and supersede all prior communications and proposals, whether electronic, oral, or written, between the Company and you.
If any provision of these Terms is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the Terms will be given full force and effect.
Changes of Terms. We may change the provisions of the Terms from time to time. Notification of changes in these Terms will be posted on the Site or sent via email, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in these Terms, will constitute a binding acceptance by you of this Terms, or any subsequent modifications.
Termination. These Terms may be terminated by both you and the Company.
You may terminate these Terms by ceasing to use our Services and Site and by notifying us about your intention. You may cancel your Paid Subscription or Trial to any Service at any time during the term of such Paid Subscription or Trial or any renewal period. In such a case, your Paid Subscription or Trial will be terminated at the end of the Paid Subscription or the Trial term for which you have paid, and you will not receive any refund for any unused days of such Paid Subscription or Trial term. If you purchase the Paid Subscription or the Trial on an installment payment basis (such as three-part pay etc.), the cancellation will not affect your obligation to pay the total contractual amount due on your Paid Subscription or Trial and your account, credit card, or other payment methods will continue to be charged the scheduled payments until the remaining balance is paid in full. We only process refunds that are requested within 60 days of the transaction date.
We reserve the right to suspend access to all or part of the Site for any reason, as well as change it or any of its elements.
Disclaimer of warranty and limitation of liability. Your access, use, and registration with the Site in any way are done at your own risk. The Site, the success or performance of the Site, and all information, communications, content, features, products, and services offered, sold, or licensed on or through the Site are provided to you on an “as is” and “as available” basis. Neither we nor our respective suppliers make representations about the availability of the service or the content you or other users submit. You are solely responsible for your interactions with other users. We disclaim to the fullest extent permissible by law, and you waive, all warranties of any kind, whether express, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any content. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
In no event shall the Company or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with:
In some states, it is not allowed to exclude implied warranties or to limit or exclude the liability for incidental or consequential damages, so our liability shall be limited to the maximum extent permitted by law.
Governing law. To the fullest extent allowable by law, the laws of United States shall apply to any dispute, controversy, or claim arising out of or relating to this Terms, Privacy Notice, or any other rules posted on this Site or our Services.
Any dispute, controversy, or claim arising out of the Terms or the breach, termination, or invalidity thereof shall be solved in an amicable way through negotiations in the first place.
How to contact us? If you have any questions about these Terms, or would like to exercise any of your rights, please email us at [email protected] or write to us with your letter addressed to: 2890 SE Moraine Ct., Waukee, IA 50263, United States.
Revision Date. This Terms was last revised on 08/2022.
