Terms and Conditions

These Terms and Conditions were last updated on 15th August 2023.

GENERAL TERMS AND CONDITIONS

These terms and conditions set out the terms and conditions between the Customer (“you”, “your”) and Alyana Fit owned and operated by Yana Petrova (“us”, “we”, “our”), governing the use of our website and our downloadable digital file media and content, to include, but are not limited to, texts, blog posts, images, videos, templates, graphic designs, downloadable PDF files, fitness programs, and e-books (the “Products”).

By using our website, purchasing, downloading, and using of our products, you agree to full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you are to refrain from using our website or purchase, download, or use any of our products.

1. THE CUSTOMER

To use our website, purchase our products and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms and Conditions as a binding agreement. You are not allowed to use this website, purchase the products and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

2. LICENSE AND USE

Your use of our website, services or purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product or products for the purpose of your own personal use ("PURPOSE"). You agree that under no circumstances shall you use, or permit to be used, any product other than for the purpose mentioned above. You shall not copy, re-sell, sublicense, rent out, share, or otherwise distribute any of our products, whether modified or not, to any third party other than for the purpose mentioned above. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

3. INTELLECTUAL PROPERTY AND PRODUCT COPYRIGHT

The Products and Services and all materials displayed on the website, mobile app or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, fitness programs, music, downloadable PDFs, e-books, downloadable templates, templates, and ALL INTELLECTUAL PROPERTY RIGHTS RELATED THERETO, ARE ARE AND SHALL AT ALL TIMES REMAIN OUR SOLE AND EXCLUSIVE PROPERTY OF YANA PETROVA, THE OWNER OF ALYANA FIT. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and YOU AGREE NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT OR CREATE DERIVATIVE WORKS THEREOF.

You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product. Products sold and content displayed are copyrighted by YANA PETROVA, THE OWNER OF ALYANA FIT and all credit for the designs shall be attributed appropriately.

4. REFUND POLICY

Due to the digital nature of this product, all sales are final. Once a product has been purchased by you, you accept the product “as is” and waive any rights to cancellation or refund due to the digital nature of our products. No refunds, exchanges, or substitutions will be made. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices.

5. WARRANTIES, LIABILITY AND INDEMNITY

We make every effort to ensure that our products are accurate, authoritative, and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied, or statutory, including, without limitation, any warranties of merchantability or fitness for particular purpose. You agree to indemnify Yana Petrova, the owner of Alyana Fit, against all liabilities, claims, demands, expenses (including attorneys’ fees), actions, costs, damages, or losses made against them by any third party due to, or arising out of, or in connection with your use of the website, products or any of the services offered on the website.

To the maximum extent permitted by applicable law, in no event shall Yana Petrova, the owner of Alyana Fit, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Yana Petrova, the owner of Alyana Fit, assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

6. RETENTION OF RIGHT TO CHANGE OFFERING

We reserve the right to, and without prior notice, change the products/services; stop providing products/services or any features of products/services we offer; or create limits for products/services. We may permanently or temporarily terminate or suspend access to products/services without notice and liability for any reason, or for no reason.

7. RIGHT TO SUSPEND OR CANCEL USER ACCOUNT

We may permanently or temporarily terminate or suspend your access to the Website/Product/Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

8. ACCESSING DIGITAL PRODUCTS

Upon your payment, you will receive the confirmation email, containing the download instructions of your order. To access the purchased product, follow the link provided in the email. In case you were not able to access your purchased product, click "resend the link" button, and you will receive a second email. If you have purchased the fitness program, you will receive an email with instructions to access your program. We advise you to download "Fit by Wix" app for improved user experience.

If you have any further questions, please contact us at alyanafit.team@gmail.com

9. THIRD-PARTY LINKS

Some links provided are from websites owned and operated by third parties (“Linked Websites”) who are not related bodies corporate of Alyana Fit. The Linked Websites are not under our control, and we are not responsible for the content of any Linked Websites, or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites. We provide links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by us. Your link to any such Linked Website is entirely at your own risk. We are not a party to any transaction between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site in addition to these Terms and Conditions. If there is any inconsistency these Terms and Conditions shall prevail.

10. PROMOTIONAL EMAILS AND CONTENT

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please unsubscribe from the email list or just notify us at any time via alyanafit.team@gmail.com.

11. LAW AND DISPUTE RESOLUTION

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the products and services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Lisbon, Portugal, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Lisbon, Portugal. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

12. USE POLICY: FITNESS PROGRAMS AND OTHER PRODUCTS

This fitness program use policy sets out the terms between you and us under which you may purchase, access and use our fitness programs, guides, cookbooks, or other (‘the Products’) and use our website Alyana Fit, owned by Yana Petrova (‘the Site’). This use policy applies to all users of, and visitors to, the Site and the Product.

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

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.

HEALTH DISCLAIMER

Alyana Fit, owned by Yana Petrova, was designed to help you incorporate fitness in your lifestyle and improve the quality of your life. By using our website, subscribing to our service or purchasing our products, you will have access to weight-training, workouts, all designed by our in-house fitness trainer(s). However, any fitness or nutrition information/content provided on our website 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 members, subscribers or customers 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 on our website, 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 exercises, you should immediately stop and consult your doctor.

You recognise the risk of entering in any physical activity and agree to be solely liable for any physical injury that may occur while using any program from Alyana Fit, owned by Yana Petrova.

By purchasing our Products, and using the Site, you also agree to indemnify and hold Yana Petrova, the owner of Alyana Fit, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them arising our of use of our Site, and our Products and Services. By purchasing our Products, and using our Site and Services, you agree to your sole responsibility and liability for your health and results. Due to digital nature of our Site, Services and Products, we will not be liable for any injuries or any other events occured in connection to use of our Site, Services and Products.

NUTRITIONAL INFORMATION

Within the provided nutritional information, e-books and other nutrition related content on our Site and within our Products, the nutritional data is verified by our qualified in-house nutrition specialist and the nutritional value information is sourced from the FOODDATA CENTRAL, U.S. DEPARTMENT OF AGRICULTURE, Agricultural Research Service, accessed via https://fdc.nal.usda.gov/index.html

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 and Conditions.

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.

2. SHARING YOUR CONTENT

As part of our Product and Site, we offer user engagement with the community via forums, groups, and comments. The following applies 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 following requirements. 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 Portugal 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.

3. SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this 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 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 use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

4. CHANGES TO THIS 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.

13. CONTACT US

If you have any questions regarding these Terms and Conditions, or if you have any questions, complaints, claims or other legal concerns relating to Alyana Fit or its business, please contact alyanafit.team@gmail.com