Terms of Service — The Body School Mobile Application
1. Introduction
These Terms of Service ("Terms") constitute a legally binding agreement between Sofiia Rozhko, registered as an individual entrepreneur (FOP) in Ukraine, State Register Entry #2 073 000 0000 023098 of 26 October 2010, with registered address at 164 Kyivska Street, apt. 204, Obukhiv, Kyiv Oblast 08703, Ukraine (the "Provider," "we," "us") and you (the "User," "you").
These Terms govern your access to and use of The Body School mobile application (the "App"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App.
Our separate Public Offer for web-based programmes (https://thebody.school/offerta/) does not apply to the App. The App is governed exclusively by these Terms.
2. Eligibility
To use the App, you must:
- Be at least 16 years old (or the age of majority in your jurisdiction, whichever is higher)
- Have the legal capacity to enter into binding agreements
- Not be barred from using the App under applicable laws
If you are under 16, do not use the App.
3. Description of Service
The App provides educational content and tools related to nutrition, lifestyle, and personal wellness, including:
- Nutrition plans and recipes
- Body measurement and progress tracking
- Food diary and intake logging
- Video and audio educational content
- Coach communication via in-app chat (subject to your subscription tier)
- Push notification reminders
The Provider may add, modify, or remove features at any time without prior notice. We may also restrict access to certain features based on your subscription tier or geographic region.
4. Account Registration
To use the App, you must create an account by providing accurate and current information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Promptly notifying us of any unauthorised access
You may not share your account credentials with anyone else. Each account is personal, non-transferable, and may be used by one User only.
5. Subscriptions and Payments
5.1. Subscription Plans
The App offers auto-renewing subscription plans of varying duration (1 month, 3 months, 6 months) at prices displayed within the App. Prices vary by region and currency, and are inclusive of applicable taxes (VAT, sales tax) where required by law.
5.2. Payment Processing
All payments are processed by:
- Apple App Store (for iOS Users), under Apple's Apple Media Services Terms and Conditions
- Google Play Store (for Android Users), under Google Play Terms of Service
We do not collect or store your payment card data. Payment terms are governed by Apple's or Google's respective terms, in addition to these Terms.
5.3. Auto-Renewal Disclosure
IMPORTANT — please read carefully:
- Your subscription will automatically renew at the end of each billing period unless you cancel it at least 24 hours before the end of the current period.
- Your account will be charged for renewal within 24 hours prior to the end of the current subscription period at the same price (or the then-current price, subject to applicable law).
- You can manage your subscription and disable auto-renewal at any time:
- iOS: Settings → [your name] → Subscriptions → The Body School
- Android: Google Play Store → Profile → Payments & subscriptions → Subscriptions → The Body School
- Cancellation takes effect at the end of the current billing period; you retain access until then.
5.4. Free Trial
The App offers a 3-day free trial for eligible new subscribers. The trial works as follows:
- The trial begins immediately upon your activation of a subscription
- You will not be charged during the 3-day trial period
- At the end of the 3 days, your subscription will automatically convert to a paid subscription, and your payment method (Apple ID or Google account) will be charged the full subscription price for your chosen plan (1 month, 3 months, or 6 months)
- To avoid being charged, you must cancel your subscription at least 24 hours before the end of the 3-day trial period through:
- iOS: Settings → [your name] → Subscriptions → The Body School
- Android: Google Play Store → Profile → Payments & subscriptions → Subscriptions → The Body School
- Each User is eligible for one free trial per subscription product. If you previously used a trial of the same subscription on the same Apple ID or Google account, you will be charged immediately upon activation without a trial period
- The exact trial terms, applicable subscription price, and renewal price will be displayed in the App at the time of subscription activation, before you confirm the purchase
5.5. Refunds
Refunds for in-app purchases are handled exclusively by Apple App Store or Google Play Store under their respective policies:
We do not process refund requests directly. If you believe you are entitled to a refund, please contact Apple or Google through your account in the respective store.
5.6. Right of Withdrawal (EU Users)
If you reside in the European Union, you may have a 14-day right of withdrawal under Directive 2011/83/EU. By starting to use digital content within the App immediately after purchase, you expressly request immediate performance and acknowledge that you lose your right of withdrawal upon receiving digital content.
6. Licence to Use the App
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the App on devices that you own or control, solely for your personal, non-commercial use.
You may not:
- Sell, rent, sublicense, distribute, or otherwise transfer the App or any portion thereof
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
- Modify, adapt, translate, or create derivative works of the App
- Remove or alter any proprietary notices in the App
- Use the App in any way that violates applicable laws or these Terms
7. User Content
You retain ownership of the content you upload to the App (body photos, food diary entries, measurements, messages — collectively, "User Content"). By uploading User Content, you grant the Provider a non-exclusive, worldwide, royalty-free licence to host, store, and process such content solely for the purpose of providing the App's services to you.
You represent and warrant that:
- You own or have all necessary rights to your User Content
- Your User Content does not violate any third-party rights or applicable laws
- Your User Content does not contain unlawful, defamatory, obscene, or harmful material
We reserve the right to remove User Content that violates these Terms or applicable laws.
8. Intellectual Property
All content within the App — including educational videos, recipes, programmes, text, graphics, logos, audio, and software — is the exclusive property of the Provider or its licensors and is protected by Ukrainian and international intellectual property laws.
You may not copy, reproduce, distribute, publish, transmit, or create derivative works of any content from the App without our prior written consent. The trademark "The Body School" and related logos are the property of the Provider.
9. Medical Disclaimer
THE APP IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
- The Provider is not a licensed medical practitioner. The App's content reflects educational nutrition and lifestyle guidance and is not medical advice.
- Always consult a qualified medical doctor or licensed healthcare professional before making decisions about your diet, supplementation, exercise, or treatment of any health condition.
- The Provider does not diagnose, treat, cure, or prevent any disease.
- If you have or suspect a medical condition (including pregnancy, eating disorders, diabetes, cardiovascular disease, allergies, etc.), consult your doctor before using the App.
- Reliance on any information provided in the App is solely at your own risk.
In case of medical emergency, contact your local emergency services immediately. Do not rely on the App for emergency assistance.
10. Prohibited Use
You agree not to:
- Use the App for any unlawful purpose or in violation of these Terms
- Impersonate another person or misrepresent your affiliation with any entity
- Harass, threaten, or intimidate other users or our staff
- Upload viruses, malware, or any other malicious code
- Interfere with or disrupt the App's servers or networks
- Attempt to gain unauthorised access to the App, other accounts, or our systems
- Use the App to spam, advertise, or promote competing products without authorisation
- Scrape, crawl, or otherwise harvest content from the App by automated means
Violation of this section may result in immediate termination of your account without refund.
11. Termination
11.1. Termination by You
You may stop using the App at any time. To delete your account and associated data, use the in-app option: Profile → Settings → Delete Account, or email us at thebodyschool.manager@gmail.com.
Deleting your account does not automatically cancel your subscription — you must cancel it separately through Apple App Store or Google Play Store (see Section 5.3).
11.2. Termination by Us
We may suspend or terminate your access to the App at our discretion, with or without notice, if:
- You breach these Terms
- You engage in fraud, abuse, or illegal activity
- Required by law or court order
- We discontinue the App or any portion of it
Upon termination, your right to use the App ceases immediately. Sections that by their nature should survive termination (e.g., Intellectual Property, Disclaimer, Limitation of Liability, Governing Law) shall survive.
12. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.
This Section does not exclude any warranties that cannot be excluded under applicable law (including statutory rights of consumers under EU and Ukrainian law).
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, OR USE
- DAMAGES ARISING FROM YOUR RELIANCE ON THE APP'S CONTENT FOR HEALTH DECISIONS
- DAMAGES CAUSED BY THIRD-PARTY SERVICES OR YOUR INTERNET CONNECTION
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM, OR USD 50, WHICHEVER IS GREATER.
Nothing in this Section excludes liability for death, personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law.
14. Indemnification
You agree to indemnify and hold harmless the Provider, its affiliates, and their respective officers, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:
- Your violation of these Terms
- Your User Content
- Your violation of any third-party rights or applicable laws
15. Apple-Specific Terms (iOS Users only)
If you downloaded the App from the Apple App Store, the following additional terms apply:
- These Terms are between you and the Provider, not Apple. Apple is not responsible for the App or its content.
- Apple has no obligation to provide maintenance or support for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App. Apple has no other warranty obligation.
- Apple is not responsible for addressing any claims relating to the App or your use of it (including product liability claims, claims under consumer protection law, or claims that the App fails to conform to legal or regulatory requirements).
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
16. Google-Specific Terms (Android Users only)
If you downloaded the App from the Google Play Store, your use is also subject to the Google Play Terms of Service: play.google.com/intl/en/about/play-terms/
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of Ukraine, without regard to its conflict of laws principles. Any disputes arising from these Terms or the App shall be resolved through good-faith negotiation. If negotiation fails within 30 days, disputes shall be submitted to the competent courts of Ukraine, except where mandatory consumer protection law in your country of residence provides otherwise.
EU consumers may also use the European Commission's Online Dispute Resolution platform: ec.europa.eu/consumers/odr/
18. Changes to These Terms
We may modify these Terms from time to time. When we make material changes, we will notify you through the App at least 14 days before the changes take effect. The "Last Updated" date at the top reflects the most recent revision.
Continued use of the App after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the App and cancel any active subscription.
19. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it valid and enforceable.
20. Entire Agreement
These Terms, together with the Privacy Policy and any Apple/Google store terms, constitute the entire agreement between you and the Provider regarding the App. They supersede all prior agreements relating to the App.
21. Contact
For questions about these Terms:
Sofiia Rozhko (FOP)
Email: thebodyschool.manager@gmail.com
Address: 164 Kyivska Street, apt. 204, Obukhiv, Kyiv Oblast 08703, Ukraine
By using the App, you acknowledge that you have read these Terms, understood them, and agree to be bound by them.