Section I — Terms of Use

1. Important Medical Disclaimer

1.1 Not Medical Advice

All materials on the Platform — including videos, written content, images, training programs, and nutritional guidance — are provided exclusively for informational and educational purposes. Nothing on the Platform constitutes medical advice, diagnosis, or treatment of any kind.

1.2 Personal Responsibility

You bear sole responsibility for all decisions relating to your health, physical condition, and dietary choices. Activena, along with its directors, employees, partners, and affiliates, expressly disclaims any and all liability for outcomes, injuries, or health consequences arising from your use of the Platform or reliance on its content.

1.3 Conditions of Participation

By using the Platform, you agree to:

• consult a qualified healthcare provider prior to commencing any fitness program or modifying your diet;
• cease any activity immediately if you experience pain, dizziness, breathlessness, or any other physical discomfort;
• acknowledge that physical exercise entails inherent risks, which you voluntarily accept;
• independently evaluate your physical readiness before engaging in any program.

1.4 At-Risk Individuals

Persons with a history of cardiovascular disease, elevated blood pressure, joint conditions, or other chronic health issues are strongly encouraged to obtain medical clearance before using the Platform.

1.5 Individual Results

Any descriptions of outcomes or program benefits are general estimates only. Actual results vary based on individual factors including body composition, lifestyle, genetics, and consistency. Activena does not guarantee any specific results.

1.6 Disclaimer of Liability for Health Harm

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACTIVENA SHALL NOT BE LIABLE FOR ANY INJURY, DETERIORATION OF HEALTH, DEATH, OR OTHER HARM RESULTING FROM USE OF THE PLATFORM OR ADHERENCE TO ITS RECOMMENDATIONS.

2. License to Use

We grant you a personal, limited, non-transferable, non-exclusive licence to access the Platform solely for personal, non-commercial purposes, subject to payment and compliance with this Agreement. This licence remains in effect until terminated by either party.

All Platform content is protected by copyright, trademark, and other intellectual property laws. Accessing the Platform confers no ownership rights over any content. You may not modify, distribute, reproduce, resell, sublicence, or create derivative works from any portion of the Platform.

3. Account Registration

To access the Platform you must create an account using accurate, current information, and maintain the security of your login credentials. Activena bears no responsibility for unauthorised access resulting from inadequate protection of your account details, nor for any harm caused by third parties accessing your account.

Registration is open only to individuals aged 18 or above. Accounts found to belong to minors will be removed without prior notice. To close your account, contact [email protected]. Refund eligibility is governed exclusively by Section III.

4. Platform Description

The Platform provides access to structured fitness programs and personalised nutrition plans. Descriptions of outcomes are general estimates and do not guarantee specific results, as individual factors beyond Activena's control influence all outcomes.

5. Payments

All transactions are processed via third-party payment providers whose terms govern each transaction. Activena does not retain full card details and accepts no liability for failures attributable to payment systems.

6. Pricing and Subscriptions

6.1 Starter Plan — Trial Period

Trial access is available at 0.99 USD for 3 days. If the subscription is not cancelled prior to expiry of the trial, a weekly charge of 9.99 USD is applied automatically.

Important: the trial period is measured in hours, not calendar days. Technically, the trial spans between 70 and 74 hours from the moment payment is confirmed (UTC timestamp). The phrase "three days" is used for convenience only. Activena does not guarantee that billing will occur at exactly 72 hours — it may take place at any point after 70 hours at the sole discretion of the billing system. The user is solely responsible for tracking the trial duration and cancelling before the applicable billing moment. Unawareness of the precise billing time does not constitute grounds for a refund. The subscription renews weekly until cancelled.

Pricing Summary:

• Starter Plan: 0.99 USD / 3 days, then 9.99 USD / week
• Transformation Plan: 30.99 USD / 6 months (one-time payment)
• Ultimate Plan: 49.99 USD / 12 months (one-time payment)

6.2 Transformation Plan

A single payment of 30.99 USD grants 6-month access. Includes: full workout library, structured nutrition plans, progress tracking dashboard, premium video sessions, and web & mobile access.

6.3 Ultimate Plan

A single payment of 49.99 USD grants 12-month access. Includes: unrestricted access to all workouts, the complete nutrition library, advanced tracking tools, exclusive premium content, and priority support.

7. Subscription Auto-Renewal

By purchasing a subscription you authorise automatic renewal until you cancel via your account settings. You are solely responsible for timely cancellation. Activena will not refund charges arising from an uncancelled auto-renewal.

8. Technical Support

For Platform-related issues, contact us at [email protected]. We make reasonable efforts to respond promptly but do not guarantee specific resolution timeframes.

9. Restrictions

You may not:

• use the Platform for commercial or unlawful purposes;
• disclose personal data of third parties;
• transmit unsolicited advertising or spam;
• harass, abuse, or threaten other users;
• alter or reverse-engineer the Platform;
• attempt to gain unauthorised access to user data or Platform systems.

10. Feedback Licence

All feedback, ideas, or suggestions submitted to Activena are treated as non-confidential. You grant us a perpetual, worldwide, irrevocable, royalty-free right to use them in any manner without any obligation to you.

11. Third-Party Links and Advertising

The Platform may contain links to external websites and third-party advertisements. Activena does not control such resources and accepts no responsibility for their content, privacy practices, accuracy of advertisements, or any consequences arising from your use of them.

12. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND — EXPRESS OR IMPLIED — INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. ACTIVENA DOES NOT WARRANT UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION. YOU USE THE PLATFORM ENTIRELY AT YOUR OWN RISK.

13. Indemnification

By using the Platform, you agree to defend, indemnify, and hold harmless Activena, its management, employees, agents, and partners from any claims, liabilities, losses, and expenses (including legal fees) arising from: (a) your use of the Platform; (b) your breach of this Agreement; (c) content or data submitted by you to the Platform.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVENA, ITS MANAGEMENT, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA LOSS, OR HEALTH IMPAIRMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Activena’s total aggregate liability shall not exceed the amount paid by you in the preceding 12 months, or USD 100, whichever is lesser. Activena bears no responsibility for disruptions caused by force majeure events: war, natural disasters, cyberattacks, power outages, or third-party actions.

15. Termination

You may close your account at any time. Activena may suspend or terminate access for violations or without cause upon notice. Upon termination you must immediately cease all use of the Platform. All outstanding payment obligations remain enforceable.

16. Dispute Resolution

This Agreement is governed by applicable law. The parties shall make good-faith efforts to settle disputes pre-trial via [email protected]. All unresolved disputes shall be determined by binding individual arbitration. You waive any right to participate in class action proceedings. Should any provision be found invalid, the remaining provisions continue in full force.

17. General Provisions

This Agreement constitutes the entire understanding between you and Activena. You may not assign your rights; Activena may assign its rights without restriction. Activena’s failure to exercise any right does not constitute a waiver. Section headings are for reference only and carry no legal weight. This Agreement creates no agency, partnership, or joint venture between the parties.

Section II — Privacy Policy

This Privacy Policy describes how Activena collects, uses, retains, and safeguards the personal data of Platform users. By accessing the Platform, you confirm acceptance of this Policy. If you do not agree, you must cease use immediately.

Activena may revise this Policy at any time. Amendments become effective upon publication. Continued use of the Platform following publication constitutes automatic acceptance. Users are responsible for monitoring updates.

1. Data We Collect

1.1 Information You Provide

During registration and ongoing use, we may collect: name, email address, phone number, payment details, fitness objectives, and preferences.

1.2 Optional Profile Data

At your discretion, you may supply: surname, profile photo, and lifestyle details. Providing this information is entirely voluntary.

1.3 Communication Data

Information shared via email, feedback forms, or other channels may be stored to process your inquiry or deliver support. You are responsible for the content of communications you initiate.

1.4 Automatically Collected Data

When you use the Platform we automatically collect: IP address, browser type, device information, operating system, pages visited, session duration, and feature interaction data. This data is used at our discretion to improve the service.

1.5 Payment Data

Transactions are handled by third-party processors. Activena does not retain full card details. Issues arising from third-party payment processing are governed solely by those providers’ policies; Activena bears no liability for such matters.

1.6 Reviews and Testimonials

By submitting reviews or testimonials, you grant Activena a perpetual, worldwide, royalty-free licence to display and reproduce such content, together with your name and profile photo, in any format and for any purpose including marketing.

1.7 Third-Party Login Data

If you sign in via third-party services (e.g. social media), we may receive certain data from those services in accordance with their privacy settings. Activena is not responsible for the data practices of such services.

2. How We Use Your Data

Collected data is used for:

• providing access to fitness and nutrition programmes;
• managing accounts and processing transactions;
• communicating with users about services and updates;
• improving the Platform and user experience;
• sending service notifications and marketing communications;
• preventing fraud and maintaining Platform security;
• any other purposes reasonably connected to our operations.

Activena may use aggregated, anonymised data for any lawful purpose without restriction, including business analytics and product development. Such data will not personally identify you.

3. Sharing Data with Third Parties

Activena does not sell or lease your personal data to unaffiliated third parties for independent marketing purposes. We may share data with trusted service partners: analytics providers (Facebook Pixel, Amplitude, and similar), communication platforms, payment processors, hosting providers, and technical infrastructure suppliers. These partners receive only data necessary to perform their services.

We may also disclose data: (a) as required by law or legal process; (b) to protect our rights, property, or safety; (c) to prevent fraud; (d) in connection with a merger, sale, or transfer of business assets. Activena is not responsible for the privacy practices of third-party providers once data has been shared in accordance with this Policy.

4. Cookies and Tracking Technologies

Our Platform uses cookies and similar tracking technologies:

• essential cookies — required for Platform operation;
• analytics cookies — to analyse user behaviour;
• marketing cookies — provided by partners to assess advertising effectiveness.

By continuing to use the Platform you consent to the use of cookies. You may manage cookie settings through your browser; however, Activena accepts no responsibility for any reduction in Platform functionality resulting from disabled cookies.

5. Data Security

Activena applies reasonable administrative, technical, and physical security measures to protect personal data. However, no method of internet data transmission is entirely secure, and Activena cannot guarantee absolute protection.

You are responsible for maintaining the confidentiality of your credentials. Activena bears no liability for unauthorised access resulting from inadequate credential protection. In the event of a data breach, Activena will notify affected users to the extent expressly required by applicable law.

6. Data Retention

Personal data is retained only for as long as necessary to fulfil the purposes described in this Policy, or as required or permitted by law. Upon expiry of the retention period, data is deleted or anonymised. Activena bears no liability for losses arising from such deletion.

7. Minors

The Platform is intended exclusively for individuals aged 18 or above. Activena does not knowingly collect data from minors. Where such data is identified, it will be promptly removed. Parents or guardians who believe their child has provided data should contact [email protected].

8. Automated Decision-Making

Activena does not employ automated decision-making or profiling systems that produce legally significant consequences for users.

9. Your Rights

Depending on your jurisdiction, you may have rights in respect of your personal data, including rights of access, rectification, erasure, restriction of processing, and portability. To exercise any of these rights, contact [email protected]. Activena will respond to verified requests within timeframes required by applicable law. We reserve the right to decline requests that are manifestly unfounded, excessive, or repetitive. EU/EEA users may have additional rights under the GDPR, including the right to lodge a complaint with a supervisory authority.

10. Limitation of Liability — Privacy

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVENA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM PERSONAL DATA PROCESSING, INCLUDING DATA BREACHES, UNAUTHORISED ACCESS, OR LEAKS OCCURRING DESPITE REASONABLE SECURITY MEASURES.

Section III — Refund Policy

1. General Provisions

This Refund Policy sets out the conditions under which Activena platform users may request a return of payments made. By completing a payment, you confirm that you have read and accept this Policy in full. Activena aims to resolve legitimate requests fairly; however, eligibility for a refund is strictly limited to the circumstances listed below. In all other cases, payments are final and non-refundable.

2. Sole Basis for a Refund

A refund is issued in one circumstance only: if, following confirmed and processed payment, access to the Platform was not technically provided due to reasons within Activena’s responsibility (an "Access Issue"). All other circumstances do not constitute grounds for a refund.

3. Cases Where No Refund Is Provided

No refund will be issued if:

• you did not use the Platform or its features after receiving access;
• you did not begin or complete any programmes;
• you did not achieve anticipated results — results are individual and not guaranteed;
• the Platform was unavailable due to causes outside Activena’s control (ISP failures, force majeure, third-party actions);
• you cancelled your subscription — cancellation does not entitle a refund for an already paid period;
• auto-renewal occurred due to failure to cancel in time;
• access was terminated due to your violation of the Terms of Use;
• you shared account credentials with third parties, resulting in Platform use without your knowledge;
• the subscription was purchased during a special offer or promotional period;
• you claim unawareness of subscription terms or this Policy — unawareness does not exempt compliance.

4. Refund Request Procedure

If you experience an Access Issue, you must:

• contact [email protected] within 14 calendar days from the payment date;
• include in your request: account name, email address, payment date and amount, and a description of the issue;
• if required, provide screenshots or other evidence of the technical problem.

Requests submitted after the 14-day window will not be considered. Activena will make reasonable efforts to review each request within 14 business days. If the issue cannot be resolved within that period, a refund will be processed.

5. Refund Procedure and Timing

Refunds are returned via the original payment method in accordance with the payment provider’s procedures. Transfer timelines depend on the payment provider and issuing bank and are outside Activena’s control. Activena bears no responsibility for delays attributable to payment systems.

6. Chargebacks and Payment Disputes

Initiating a chargeback through a bank or payment system in circumstances not falling under the sole refund basis established by this Policy constitutes a breach of the Terms of Use. Activena reserves the right to immediately suspend or terminate Platform access upon receiving a chargeback notification, and to submit all relevant documentation to the payment provider confirming the legitimacy of the charge.

7. Service Discontinuation by Activena

Should Activena elect to discontinue services on its own initiative, unrelated to any breach by the user, the user will receive a proportional refund for the unused paid period calculated on the basis of actual days elapsed. This constitutes Activena’s sole and exclusive obligation in such circumstances.

8. Limitation of Liability

A REFUND UNDER THIS POLICY IS THE USER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH PAYMENTS. ACTIVENA BEARS NO ADDITIONAL LIABILITY, INCLUDING FOR INDIRECT DAMAGES, LOST PROFITS, OR OTHER LOSSES RELATED TO THE USE OF OR INABILITY TO USE THE PLATFORM.