TERMS OF USE

Last Updated: 12/28/25

These Terms of Use (“Terms”) constitute a binding agreement between you (“You,” “Your,” or “User”) and Endorfin Wellness LLC, a Florida Limited Liability Company (“Company,” “We,” “Us,” or “Our”). These Terms govern Your access to and use of www.endorfinwellness.com (“Website”), Our mobile applications (“App”), and all related features, content, training programs, coaching services, downloadable materials, digital products, membership areas, communications, and digital products (collectively, the “Services”).

By accessing or using the Website, App, or Services, you affirm that you are at least eighteen (18) years old, have read and understand these Terms, and agree to be bound by them along with Our Privacy Policy, Waiver & Disclaimer, and Refund Policy, each incorporated herein by reference. If you do not agree, you must discontinue use of the Services immediately.

1. Incorporated Policies

Your use of the Website and Services is also governed by Our Privacy Policy, Waiver & Disclaimer, and Refund Policy. By using the Website, App, or Services, You acknowledge that You have reviewed and consent to those policies.

2. Changes to These Terms

We may revise, modify, or update these Terms at any time. All changes are effective immediately upon posting unless a later effective date is specifically stated. The “Last Updated” date reflects the latest revision. Your continued use constitutes acceptance of all updated Terms.

3. Eligibility and Health Requirements

The Services are not intended for children under thirteen (13), and individuals under eighteen (18) may only use the Services with parental consent and appropriate medical clearance.

3.1 Health Representations and Medical Clearance

By using the Services, You represent, warrant, and agree that You are in sufficiently good physical condition to participate safely in exercise activities and have no medical or physical conditions that would prevent You from safely engaging in exercise or wellness activities.

You further confirm that either (a) You have consulted a licensed physician who has authorized You to participate in fitness training, or (b) You have voluntarily chosen to participate without such consultation and accept full responsibility for that decision and the associates risks.

You agree to immediately stop exercising and seek medical attention if You experience concerning symptoms, including but not limited to faintness, dizziness, chest pain, shortness of breath, irregular heartbeat, or severe discomfort.

You acknowledge that the Company does not monitor Your health, physical capability, environment, or equipment and does not provide emergency services.

3.2 Not Medical Advice

The Company’s Waiver & Disclaimer fully governs all acknowledgments regarding medical advice, fitness suitability, and health-related risks.

3.3 Not a HIPAA-Covered Entity

You acknowledge that Endorfin Wellness LLC is not a HIPAA-covered entity. Information you share—including general wellness, fitness, goals, photos, or progress updates—is not protected under HIPAA, though We implement reasonable safeguards to protect it.

3.4 No Professional–Client Relationship Created

Your use of the Website, App, or any Services does not create a professional–client relationship of any kind between You and the Company, including but not limited to a physician–patient, dietitian–client, physical therapy, mental health counseling, or other licensed healthcare relationship. All fitness, wellness, and nutrition information provided by the Company is general educational content only and is not tailored medical, therapeutic, or clinical advice. You are solely responsible for seeking professional medical care, mental health support, rehabilitation services, nutritional counseling, or other licensed services as needed.

4. Account Registration and Security

You agree to provide accurate information and maintain the confidentiality and security of Your login credentials. You are responsible for all activity performed under Your account.

5. Consent to Electronic Communications

By creating an account, making a purchase, or using the Services, You consent to receive electronic communications from the Company, including but not limited to account-related notices, payment confirmations, auto-renewal notices, service updates, policy updates, marketing emails, and legally required disclosures. Communications may be sent via email, through the App, or via other electronic means.

You acknowledge that these electronic communications satisfy any legal requirement that such communications be in writing. You may opt out of marketing emails at any time, but You may not opt out of transactional or legally required notices while maintaining an active account.

6. Description of Services

We provide personal training, online fitness coaching, exercise programs, nutrition guidance, mobility routines, progress tracking, and educational content. These Services may be delivered through the Website, App, live sessions, or on-demand materials.

We do not guarantee specific results, outcomes, or performance levels. Individual progress varies and is influenced by numerous factors beyond Our control.

7. Informed Consent to Participate in Exercise

All participation in exercise activities is governed by the Company’s Waiver & Disclaimer, which You agree to upon using the Services.

You agree that You will use good judgment, exercise within Your limits, and stop immediately if You experience pain or discomfort.

8. Assumption of Risk for In-Person and Online Training

All participation in exercise activities is governed by the Company’s Waiver & Disclaimer, which You agree to upon using the Services.

9. Equipment Safety Disclaimer

All participation in exercise activities is governed by the Company’s Waiver & Disclaimer, which You agree to upon using the Services.

The Company does not inspect Your equipment, environment, flooring, space, or surroundings and does not assume responsibility for equipment malfunction, improper use, unstable surfaces, structural hazards, or any injuries arising from unsafe workout conditions. The Company is not responsible for equipment malfunction, improper use, environmental hazards, or injuries caused by unsafe workout conditions.

You agree to use only equipment appropriate for Your physical level and to inspect all equipment before each use.

10. Nutrition Guidance Disclaimer

The Company’s Waiver & Disclaimer fully governs all acknowledgments regarding medical advice, fitness suitability, and health-related risks.

You acknowledge and agree that any general nutrition suggestions, hydration guidance, wellness habits, or sample meal ideas is provided solely for general educational purposes. The Company is not a licensed dietitian, nutritionist, or medical provider and is not compromised of such professionals.

No nutritional recommendation should be interpreted as medical, dietary, or clinical advice. You are solely responsible for reviewing Your dietary needs with a qualified healthcare professional, particularly if You have allergies, medical conditions, restrictions, or are pregnant or breastfeeding.

11. Acceptable Use and Conduct

You agree to use the Website and App only for lawful purposes and not to upload harmful, unlawful, infringing, harassing, or inappropriate materials. You may not misuse or disrupt the Website or App; upload unlawful, harming infringing, harassing, obscene or inappropriate content; share, distribute, record, copy, or reproduce any workout videos, training programs, training materials, or paid content; and/or use the Services for commercial or resale purposes.

12. Payments, Subscriptions, Cancellations, and Refunds

All payments, cancellations, and refunds are governed solely by the Company’s Refund Policy. In the event of conflict, the Refund Policy controls.

We comply with the Restore Online Shoppers Confidence Act (ROSCA) and applicable state auto-renewal laws by clearly disclosing billing frequency, renewal terms, and cancellation procedures.

13. Technology Requirements, App License, and Service Availability

You are granted a limited, revocable, non-exclusive license to use the Website and App solely for personal use.

We do not guarantee that the Website or App will remain available at all times. Service outages, updates, maintenance, or third-party platform issues may interrupt access. We are not responsible for losses arising from service interruptions.

You may not reverse-engineer, redistribute, or modify the Website or App.

14. Intellectual Property Rights

All content, including but not limited to videos, images, text, programming, fitness plans, designs, branding, digital products, and materials, is owned by the Company and protected by copyright and trademark laws. You may not reproduce, copy, share, publish, or redistribute any proprietary materials without prior written permission.

15. DMCA Takedown Notice

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (“DMCA”). If You believe that any material available on the Website or App infringes upon Your copyright, You may submit a written DMCA notice to Our designated Copyright Agent containing:

1. Your name, address, telephone number, and email address;

2. A description of the copyrighted work You claim has been infringed;

3. The exact URL or location of the allegedly infringing material;

4. A statement that You have a good-faith belief that the use is not authorized by the copyright owner, its agent, or law;

5. A statement under penalty of perjury that the information in the notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf; and

6. Your physical or electronic signature.

Send all notices to:

Endorfin Wellness LLC

abby@endorfinwellness.com

220 Belleview Blvd #304

Belleair, Florida 33756

Upon receipt of a valid DMCA notice, We will remove or disable access to the allegedly infringing material and notify the user who posted it. Repeat infringers may have their accounts terminated.

16. User-Generated Content

You retain ownership of any photos, messages, progress updates, or fitness logs You upload. You grant the Company limited rights to store and process such content for the purpose of providing the Services.

Separate written consent will be obtained before any public marketing use.

Users may not upload inappropriate, explicit, copyrighted, or third-party images without consent.

User-Submitted Content is handled in accordance with the Privacy Policy, which governs storage, processing, and consent for use.

17. Third-Party Integrations

The Website and App may integrate with third-party platforms such as payment processors, scheduling tools, or social media. We are not responsible for third-party functionality, content, data practices, or security.

18. Health and Fitness Disclaimer

All participation in exercise activities is governed by the Company’s Waiver & Disclaimer, which You agree to upon using the Services.

All fitness and nutrition content is informational and not medical advice. You are solely responsible for seeking medical guidance when appropriate.

19. Limitation of Liability

To the fullest extent permitted by law, the Company is not liable for injuries, damages, or losses arising from Your participation in exercise activities, reliance on content, use of equipment, or performance of workouts, whether live or on-demand. Our liability shall not exceed the amount paid by You during the previous twelve months.

In the event of conflict, the liability release contained in the Waiver & Disclaimer controls over this limitation-of-liability section.

For users who have signed a Personal Training Services Agreement, that agreement supplements these Terms except where overridden by the Waiver & Disclaimer or these Terms.

20. Indemnification

You agree to indemnify and hold the Company harmless for all claims arising from Your use of the Services, violation of these Terms, participation in fitness activities, or reliance on any content.

21. Termination

We may terminate Your access to the Website, App, or Services at any time for violation of these Terms or for harmful behavior.

22. Force Majeure

We are not responsible for delays or failures caused by events beyond Our control.

23. Governing Law and Dispute Resolution

These Terms are governed by the laws of Florida, and all disputes must be brought in Pinellas County, Florida following good-faith mediation efforts.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Waiver & Disclaimer, the Refund Policy, the Privacy Policy, or Your use of the Services shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration will take place in Pinellas County, Florida, unless otherwise mutually agreed.

To the fullest extent permitted by law, You and the Company waive the right to bring any claim in court or before a jury.

You and the Company further agree that (1) no class actions, class arbitrations, or representative proceedings are permitted; (2) claims must be brought on an individual basis only; and (3) the arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

This Arbitration Agreement survives termination of Your relationship with the Company.

24. Severability

If any part or provision of these Terms is invalid, the remainder shall continue in effect and full force.

Sections relating to intellectual property, disclaimers, assumption of risk, limitations of liability, indemnification, dispute resolution, and document hierarchy shall survive termination of your account or cessation of Services.

25. Entire Agreement

These Terms, together with the incorporated policies, constitute the entire agreement between You and the Company.

26. Document Hierarchy

In the event of any inconsistency, conflict, or ambiguity between the Terms of Use and any other policy, agreement, or disclaimer provided by the Company, the following hierarchy shall control, with each document superseding those below it:

(1) Waiver Disclaimer;

(2) Refund Policy;

(3) Privacy Policy;

(4) Terms of Use.

The document listed highest in this hierarchy governs to the extent of any conflict. All documents are incorporated by reference into these Terms and are binding upon all Users.

27. Contact Information

Endorfin Wellness LLC

220 Belleview Blvd #304

Belleair, Florida 33756

abby@endorfinwellness.com

(920)522-3881