Terms & Conditions

You are using a website operated by Celasimplicity Ltd. Our full company name is Celasimplicity Ltd and we are registered in England and Wales with registration number 10591766. Referred to as “Celasimplicity” or “we” in this agreement. By accessing or using the Celasimplicity Website, the Celasimplicity Service, or any applications (including mobile applications) made available by Celasimplicity (together, the “Service”), however accessed, you agree to be bound by the following terms and conditions which consists of the following policies:

General Terms of Use
Acceptable Use
Privacy Policy
(and together, are the “Terms and Conditions”).

The Service is owned or controlled by Celasimplicity. These Terms and Conditions affect your legal rights and obligations. If you do not agree to be bound by all of these Terms and Conditions, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms and Conditions. In those cases, the terms specific to the special feature shall apply to the extent there is a conflict with these Terms and Conditions.

Contact Celasimplicity
If you have any questions regarding these Terms and Conditions, or if you have any questions, complaints, claims or other legal concerns relating to Celasimplicity or its business, please contact team@toneandsculpt.app.

DEFINITIONS
“Account” – a registered user account with Celasimplicity Ltd
“Celasimplicity” is the application owned and distributed by Celasimplicity Ltd
“Celasimplicity Service” – Celasimplicity provides the service of a platform where users can share content and ideas.
“Celasimplicity Website” – website www.toneandsculptapp.co.uk
“Content” means any data, text, files, information, usernames, images, graphics, photos, profiles, links and other content or materials.
“Product” means any digital or physical fitness or related product purchased through the Celasimplicity website or Celasimplicity applications.
“Seller” – means the influencer you are purchasing from.
“Software” means the Celasimplicity application that a user can use on a computer or supported mobile device in order to utilize the Services; the Software may be downloaded or accessed on the Internet.

GENERAL TERMS OF USE

You must create an Account in order to use the Service.

In order to use the Service you warrant that you are at least 18 years old or have your parent’s or guardian’s permission to buy/use the Service.

You must use the Celasimplicity website and Service only in accordance with our Acceptable Use Policy.

You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, followers, username, or any Account rights. With the exception of people or businesses that are expressly authorized to create Accounts on behalf of their employers or clients, Celasimplicity prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Celasimplicity upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You agree that you will not solicit, collect or use the login credentials of other Celasimplicity users.

You are responsible for keeping your password secret and secure.

Any links shared on Celasimplicity are your responsibility and we take no responsibility for any third party links shared on the Celasimplicity website. If we find that any third party links you have posted do not comply with our Terms and Conditions, you will be removed from the Service.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service. If found doing so we would delete your account and report you to the relevant authorities.

You may not use the Service for any illegal or unauthorised purpose.

You are solely responsible for your conduct and Content that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Celasimplicity

You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Celasimplicity users.



RIGHTS AND OWNERSHIP

Celasimplicity does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Celasimplicity a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to our Privacy Policy.

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.

The Service contains Content owned or licensed by Celasimplicity (“Celasimplicity Content”). Celasimplicity Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Celasimplicity, Celasimplicity owns and retains all rights in the Celasimplicity Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Celasimplicity Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Celasimplicity Content.

The Celasimplicity name and logo are trademarks of Celasimplicity Ltd, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Celasimplicity. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Celasimplicity, and may not be copied, imitated or used, in whole or in part, without prior written permission from Celasimplicity.

You agree that Celasimplicity is not responsible for, and does not endorse nor monitor, any third party Content posted within the Service. Celasimplicity does not have any obligation to pre-screen, monitor, edit, or remove any third party Content. If your Content violates these Terms and Conditions, you may bear legal responsibility for that Content.


SUBSCRIPTION INFORMATION

We (CelaSimplicity Ltd) offer a subscription-based service. Our subscriptions can be purchased from
the Tone & Sculpt Website
Apple and Google Application stores

The download and usage of the Tone and Sculpt application is free of charge. In order to access all the guides, workouts, meal plans and other features the application offers, we offer the following auto-renewing subscriptions:

£13.99 for 1 month,
£34.99 for 3 months, or
£84.99 for 12 months.

Other currencies are set by Apple and Google directly. The Tone & Sculpt Website also offers additional currencies, you may see different prices depending on your location of purchase. We reserve the right to add, remove or change plans and currencies.

In-app Purchases

You will be able to purchase a Tone & Sculpt subscription via In-App purchases, an external platform such as Apple Store, Google Play Store, or any other similar external Application Store. Any in-app purchase is subject to the terms and conditions specified by that provider
Transactions are processed securely through the payment gateway used by the Application Store provider
For any billing/payment related issue, you must liaise directly with the Application Store provider.

Website Subscription Purchase

Any website subscription purchase is managed and billed by us
All transactions are processed securely through our third party payment gateway, Stripe.
All payment transactions are PCI compliant, this means we do not and will not store your payment card details.
You are responsible for notifying us of any change in your payment method. In case payment failure occurs for any reason, we reserve the right to cancel your subscription until we collect the full amount of your subscription.


Free trials
Your subscription may start with a free trial. The free trial will be set for a limited period as specified on the day of signing up.
We reserve the right to remove or change the free trial period at any time
Unless canceled before the end of the free trial period, your subscription will automatically switch to a paid subscription, which will not be eligible for a refund.
Once signed up, any unused free trials will not be eligible for extension
Only new users are eligible for Free Trials


Promotions

We may offer promotional campaigns like special prices,student discounts, or additional free trials, from time to time. Those will be part of separate terms and conditions and it will be your responsibility to read and agree to those terms.

Cancellation

You can cancel your subscription at any time, regardless of your subscription status being “in Trial” or “Active”.
Your subscription will automatically renew and you will be charged, unless you cancel 24 hours before the start of your next billing period.
Once your subscription has been cancelled, you will still have access to the Tone & Sculpt App, until the end of your billing period.
Refunds are not eligible for the following reasons :
Unused subscription
inability to use the app for personal or medical conditions
Any other similar reason or event
HEALTH DISCLAIMER

The Tone & Sculpt app has been designed to help you incorporate fitness in your lifestyle and reach your goals. By subscribing to our service, you will have access to cardio workouts, weight-training, stretching sessions and other workouts, all designed by our in-house fitness trainer(s). However, any fitness or nutrition information/content provided in our App or through any of our official social media channels should not be taken as medical advice.

We do not hold any medical qualifications and cannot diagnose any medical conditions our subscribers may have. All our content is for information purpose only and should not substitute medical advice.

Before starting using our service, we recommend you to consult your doctor to confirm your ability to start our nutrition and/or workout plans, especially if you are at risk (due to family history) of any conditions like heart disease, bad cholesterol, obesity, high blood pressure, chest pain, and/or bone/joint problems.

If you are pregnant, you confirm you received approval from your doctor to start our workout programs. If you are using recipes from our nutrition guide featured in our app, you confirm your doctor approved our recipes to be suitable for your dietary needs.

If you feel dizzy, faint, or experience shortness of breath during one of our in-app exercises, you should immediately stop and consult your doctor.

You recognize the risk of entering in any physical activity and agree to be solely liable for any physical injury that may occur while entering any workout from our Tone & Sculpt App.


RESULTS DISCLAIMER

While we give you the tools to incorporate fitness in your lifestyle, there is no guarantee that you will receive the same results as the ones being displayed through our social channels (Transformations). You accept the risk that any fitness change, weight loss, or muscle building results differs from one individual to another.
Any testimonials or transformation pictures we share on social media have been approved by our actual clients but are not intended to guarantee any other individual will achieve the exact same results.


ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access the Service. This acceptable use policy applies to all users of, and visitors to, the Service.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which form part of our Terms and Conditions.

Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our General Terms of Use.

Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.

Not to abuse our staff through emails and social media. Any form of abuse will result in your account being blocked.

We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trademark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Contact Celasimplicity
If you have any questions regarding these Terms and Conditions, or if you have any questions, complaints, claims or other legal concerns relating to Celasimplicity or its business, please contact team@toneandsculpt.app