The BodyWell Method
Terms & Conditions
Effective Date: October 6, 2026
These Terms and Conditions of Service (“Terms”) govern access to and
use of bodywellmethod.com, The BodyWell Method mobile application, any
supported television application, and the related digital membership,
content and features that reference these Terms (collectively, the
“Services”). The Services are provided by TBW Method Inc., a Wyoming
corporation doing business as The BodyWell Method (“TBW,” “BodyWell,”
“we,” “us” or “our”). “User,” “you” and “your” refer to the individual
accessing or using the Services.
THE SERVICES PROVIDE ON-DEMAND, SELF-GUIDED MOVEMENT,
RECOVERY AND RECIPE CONTENT. THEY ARE NOT MEDICAL CARE, PHYSICAL THERAPY
TREATMENT, DIAGNOSIS OR INDIVIDUALIZED NUTRITION COUNSELING. NO
PATIENT–PROVIDER RELATIONSHIP IS CREATED. PLEASE READ SECTION 3 BEFORE
PARTICIPATING.
FOR USERS RESIDING IN THE UNITED STATES, SECTION 19 CONTAINS
AN AGREEMENT TO INDIVIDUAL ARBITRATION AND A CLASS-ACTION WAIVER,
SUBJECT TO EXCEPTIONS AND A 30-DAY RIGHT TO OPT OUT. SECTION 4 CONTAINS
A LIMITED RELEASE OF ORDINARY-NEGLIGENCE CLAIMS WHERE ENFORCEABLE. THESE
PROVISIONS DO NOT OVERRIDE NON-WAIVABLE RIGHTS. INTERNATIONAL CONSUMER
PROTECTIONS APPEAR IN SECTION 20.
1. ACCEPTANCE; SCOPE; PRIORITY.
1.1. Agreement.
By selecting “I Agree,” creating an account through a registration
process that presents these Terms, or completing a purchase that
expressly incorporates these Terms, User accepts these Terms. TBW may
require affirmative acceptance before providing access to the Services.
An affirmative electronic acceptance has the same effect as a signature
to the extent recognized by applicable law. User must not create an
account, purchase a membership or use restricted features without
accepting the applicable Terms.
1.2. Privacy and separate
permissions.
The Privacy Policy explains TBW’s collection, use and disclosure of
Personal Information. The separately published Consumer Health Data
Privacy Policy provides additional information about consumer health
data. Neither accepting these Terms nor acknowledging a privacy policy
constitutes consent to optional marketing, non-essential tracking,
processing that requires explicit health-data consent, or a sale of
consumer health data. Any required consent or authorization is obtained
separately.
1.3. What a membership covers.
The Services are a digital, general-wellness offering for personal
use. A membership includes only the content and access described for the
selected plan at checkout. It does not include a clinical evaluation,
individualized physical therapy, an appointment with a clinician,
emergency monitoring, physical products or admission to an in-person
event. Any separately offered goods, events or professional services
require their own applicable terms and, where appropriate, separate
consent or waivers. Nothing here represents that those additional
offerings are available.
1.4. Controlling terms.
Mandatory applicable law controls over inconsistent provisions.
Section 20 controls over other provisions to the extent it gives a
consumer additional protections. A specific offer accepted at checkout
controls over general pricing descriptions for that purchase. Applicable
app-store terms govern the store’s billing and distribution functions;
they do not eliminate TBW’s own legal obligations. Specific
consumer-health-data restrictions control over general permissions to
use or disclose information.
2. ELIGIBILITY; PERSONAL USE.
User must be at least eighteen (18) years old and, if higher, the age
of majority in User’s jurisdiction, and have legal capacity to enter
these Terms. The Services are not directed to children or ineligible
minors. Parental permission does not override this eligibility
requirement. User may not permit an ineligible minor to participate
through User’s account. TBW may restrict access where reasonably
necessary to comply with law or investigate an eligibility
violation.
Memberships are personal and non-commercial. User may not purchase an
individual membership to provide clinical services, instruct clients,
operate a gym or studio, or exhibit content to a commercial class. A
person purchasing an authorized gift does not accept health-related
risks or give privacy consent on the recipient’s behalf; the eligible
recipient must separately accept the applicable terms and
permissions.
3. HEALTH, MOVEMENT AND
RECIPE SAFETY.
3.1. General
education; no professional relationship.
TBW provides general movement, fitness, Pilates, strength, recovery
and recipe education. Programs may be led, designed, presented or
reviewed by physical therapists or other credentialed contributors.
Those credentials describe the contributors’ background and role in
developing educational content; they do not mean that User is receiving
licensed professional services in User’s location. Using a program,
submitting information, receiving a content suggestion, or communicating
with customer support does not make User a patient of TBW or any
contributor.
3.2. No evaluation,
diagnosis or treatment.
TBW and its contributors do not evaluate User’s individual condition
through the Services, diagnose or treat an injury or illness, prescribe
a treatment plan, provide medical nutrition therapy, or supervise User’s
movements. References to “recovery,” “physical therapist-led,” “physical
therapy-informed,” or a body area describe general-wellness content, not
a promise to treat a condition. The Services are not a replacement for
care from User’s own physician, physical therapist, registered dietitian
or other appropriate professional.
3.3. Individual suitability.
User should consult an appropriate healthcare professional before
beginning or changing an exercise or nutrition program, particularly
during pregnancy or postpartum, following surgery or injury, with a
medical condition or disability, with a history of disordered eating, or
when taking medication that may affect participation. User must not
disregard professional advice, delay care or discontinue prescribed
treatment because of the Services. TBW does not determine that a program
is safe for User merely because User can access it.
3.4. Self-guided participation.
No one is observing User’s technique, equipment, surroundings or
symptoms through an on-demand session. User is responsible for choosing
an appropriate difficulty level, arranging a safe area and suitable
equipment, following equipment instructions, and stopping or modifying
activity when necessary. General modifications are not individualized
safety clearance. User must not use the Services while driving or
operating machinery.
3.5. Symptoms and emergencies.
Stop participating if an activity causes pain, dizziness, unusual
shortness of breath or other concerning symptoms, and seek appropriate
medical attention. The Services, support inbox and any other
communications channel are not monitored for emergencies. In an
emergency, contact 911 or the applicable local emergency number
immediately rather than messaging TBW or waiting for a response.
3.6. Questionnaires and
content suggestions.
Any wellness questionnaire, preference selection, progress indicator
or content recommendation is intended to organize general educational
material. It is not a diagnostic test, clinical assessment,
determination of injury risk or confirmation that User is fit to
participate. Recommendations can be incomplete or unsuitable, including
when based on incomplete information. User remains free to choose
different content or decline to participate. No questionnaire or
recommendation should be relied on to detect, rule out or manage a
medical condition.
3.7. Recipes, nutrition and
allergens.
Recipes and nutrition information are for general education and
inspiration, not prescribed diets or individualized dietetic advice.
User is responsible for checking ingredients, product labels,
substitutions and preparation methods against User’s allergies,
intolerances, dietary needs and professional advice. TBW cannot verify
the ingredients User purchases or control cross-contact, food handling,
cooking or storage. A dietary label or recipe category is not a
guarantee that a meal is safe for a particular allergy or condition. Any
nutritional values are estimates and may vary with ingredients, brands,
quantities and preparation.
3.8. No promised outcome.
Results depend on individual circumstances. TBW does not promise pain
relief, injury prevention, rehabilitation, weight loss, a
body-composition change or another specific result. Testimonials,
demonstrations and examples describe particular experiences and are not
guarantees of User’s outcome. This provision does not disclaim an
express commitment that applicable consumer law requires TBW to
honor.
4. ACKNOWLEDGMENT
OF RISK; LIMITED U.S. RELEASE.
4.1. Inherent risks.
Physical activity and changes to eating patterns involve risks,
including strains, falls, aggravation of an existing condition, allergic
reactions and, in some circumstances, serious injury or death.
Equipment, surroundings, individual health and unsupervised
participation may increase those risks. User chooses whether and how to
participate. This acknowledgment does not transfer to User
responsibility that applicable law places on TBW.
4.2. Limited release for
U.S. participants.
ONLY FOR USERS RESIDING IN THE UNITED STATES, AND ONLY TO THE
EXTENT ENFORCEABLE UNDER THE LAW APPLICABLE TO THE PARTICULAR CLAIM,
USER VOLUNTARILY ASSUMES THE INHERENT RISKS OF PARTICIPATION AND
RELEASES TBW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, INSTRUCTORS,
CONTENT CONTRIBUTORS AND AGENTS FROM CLAIMS FOR PHYSICAL INJURY OR
PROPERTY DAMAGE CAUSED BY ORDINARY NEGLIGENCE IN PROVIDING THE EXERCISE
OR RECIPE ACTIVITIES IN WHICH USER PARTICIPATES THROUGH THE
SERVICES.
4.3. Matters not released.
The release does not cover gross negligence, recklessness,
intentional misconduct, fraud, defective products to the extent
liability cannot be waived, or any liability that applicable law does
not permit to be released. It does not release subscription, refund,
privacy, data-security, intellectual-property or other claims unrelated
to participation in the activities. It does not apply to consumers
outside the United States. Where a prospective negligence release is
prohibited or requires additional formalities that have not been
satisfied, the release does not apply. No provision requires User to
waive a statutory right that cannot lawfully be waived.
5. USER ACCOUNTS; SECURITY.
User must provide accurate account and payment information, keep
contact details current, protect login credentials, and promptly report
suspected unauthorized access to info@bodywellmethod.com. User is
responsible for activity User authorizes and for failure to take
reasonable care of credentials, but is not automatically responsible for
unauthorized activity that applicable law assigns to TBW or another
party.
User may not impersonate another person, create fraudulent accounts,
sell or transfer an account, bypass access restrictions, or share login
credentials. An express sharing entitlement offered through a supported
app store is subject to that store’s usage rules and Section 13. TBW may
use proportionate security checks to investigate suspected misuse and
may temporarily restrict access under Section 17. TBW will not require
unnecessary sensitive information simply to administer an ordinary
account.
6. MEMBERSHIPS; PRICES;
FOUNDING MEMBERS.
6.1. Plans and checkout
information.
TBW offers monthly and annual memberships as described at checkout.
The standard U.S. website membership prices are US$49 per month and
US$379 per year, unless a different price or promotion is expressly
shown for the selected purchase. The Founding Member annual offer
described in Section 6.2 is US$299 per year during its enrollment
period. Each currently offered website membership includes a seven (7)
day free trial, as described in Section 7.3. Local-currency and
app-store prices may differ. The order summary will identify the plan,
included access, currency, billing period, applicable taxes, total
payable and renewal terms before purchase. Taxes are included in
displayed prices where local law requires; otherwise applicable taxes
are separately disclosed before payment. An annual plan is billed
annually, not as twelve monthly installments.
6.2. Founding Member annual
offer.
The Founding Member annual offer is scheduled to close to new
enrollments on November 14, 2026, unless TBW expressly extends the
offer. An eligible User who enrolls through TBW’s website during the
offer period at US$299 per year receives that fixed annual membership
rate, plus any applicable taxes, for as long as the qualifying annual
membership remains continuously active and renews through the website.
Checkout may display the annual price as an equivalent of US$24.92 per
month for comparison, but the plan is billed as US$299 annually after
the seven (7) day trial, not in monthly installments. The offer is a
fixed dollar rate, not a promise of a particular percentage discount
against changing monthly or annual prices. It does not grant lifetime
access, guarantee that the Services will operate forever, or include
separately priced offerings.
6.3. Keeping or
losing the Founding Member rate.
The Founding Member rate ends when the qualifying membership expires
following cancellation, lapses, or is changed to a different plan or
billing channel, unless TBW expressly confirms otherwise. Turning
renewal back on before the paid term expires does not itself break
continuous membership. TBW will give notice and a reasonable opportunity
to correct a failed payment before treating an involuntary payment
failure as a lapse. A lapse caused by TBW’s own error will not forfeit
the rate. Rejoining after a valid lapse is subject to the prices then
offered. These conditions cannot be applied retroactively to remove a
more favorable promise already made to an existing purchaser.
6.4. Changes and promotions.
User must review any disclosed charge, credit and effective date
before approving a plan change. Promotions cannot be combined unless the
offer permits. TBW may end an offer for new purchasers without changing
a qualifying existing member’s promised rate. No price increase applies
to an already-paid period. Section 7 governs prospective renewal-price
changes.
7. BILLING; AUTOMATIC
RENEWAL; TRIALS.
7.1. Recurring billing consent.
A SUBSCRIPTION AUTOMATICALLY RENEWS FOR SUCCESSIVE PERIODS OF
THE SELECTED LENGTH UNTIL CANCELED. THE PAYMENT METHOD ON FILE WILL BE
CHARGED THE DISCLOSED RENEWAL PRICE AND APPLICABLE TAXES AT EACH
RENEWAL. USER CAN STOP FUTURE RENEWALS AS DESCRIBED IN SECTION
8. TBW will present material subscription terms clearly before
purchase, obtain the affirmative consent required by law, and provide a
confirmation that User can retain. Acceptance of these Terms alone is
not a substitute for any separately required renewal consent.
7.2. Website purchases.
Website payments are processed through Stripe. User authorizes
charges only in accordance with the offer User accepted and applicable
law. TBW may request updated payment information, retry a failed
authorized charge, and suspend unpaid access after appropriate notice.
Direct website membership sales are final and non-refundable except
where an express offer or applicable law requires otherwise, as stated
in Section 9. User remains entitled to dispute an unauthorized or
incorrect charge. A chargeback or payment reversal does not create a
right to continued paid access without payment; if it results in a valid
unpaid balance, TBW may suspend or terminate access after appropriate
notice, subject to applicable law. TBW will not impose a fee or penalty
for exercising a lawful payment-dispute right.
7.3. Free trials.
All currently offered membership plans include a seven (7) day free
trial. User must provide a valid payment method before the trial begins.
The trial offer will state the exact conversion date, selected plan,
first charge, billing frequency and cancellation method, and User will
not be charged the membership fee until the trial period ends. Unless
User cancels before the trial ends, and provided the required consent
has been obtained, the trial converts to the selected paid subscription
at the disclosed price. User may cancel during the trial or after
conversion at any time before the next renewal to stop future charges.
Eligibility is limited to one trial per person and payment method unless
the offer states otherwise. Canceling a trial may end trial access
immediately if disclosed by the applicable store or offer. A trial does
not shorten any independent statutory withdrawal right.
7.4. Renewal reminders and
price changes.
TBW will send renewal, trial and annual subscription reminders within
the periods required by applicable law. For a proposed renewal-price
increase, TBW will provide at least thirty (30) days’ advance notice
identifying the new price, effective date and cancellation method,
together with any additional notice or affirmative-consent step required
locally. The increase applies no earlier than a subsequent renewal. User
can cancel to avoid it. A qualifying Founding Member’s fixed rate is
protected by Section 6.
7.5. App-store billing.
For a subscription purchased through Apple’s App Store, Google Play
where offered, or another supported store, the applicable store
processes or administers billing under its terms. The identity and legal
role of the seller depend on the store, territory and transaction. User
can manage renewal through the subscription settings of the account used
to purchase. Follow the store’s stated deadline; Apple may require
cancellation at least 24 hours before a trial or current subscription
period ends. Store-specific billing rules do not remove mandatory
consumer rights or TBW’s responsibility for the Services.
7.6. No duplicate
subscription intended.
Deleting or reinstalling an app, switching devices, logging out, or
purchasing through another channel does not necessarily cancel an
existing subscription. User should check existing subscriptions before
changing billing channels. Contact info@bodywellmethod.com for
assistance identifying the applicable purchase channel.
8. CANCELLATION; ACCESS;
ACCOUNT DELETION.
8.1. Website cancellation.
User may stop website auto-renewal at any time through the membership
or billing controls in User’s Profile. For a website purchase, those
controls direct User to Stripe’s subscription-management portal. User
may also email info@bodywellmethod.com from the account email address.
TBW will not require a telephone call, retention interview or
unnecessary additional step to complete an online cancellation. A
cancellation submitted before the end of a trial prevents the first
membership charge. After conversion, a timely cancellation submitted
before the next billing cycle stops the next renewal and is not
contingent on TBW sending an acknowledgment before that renewal.
8.2. App-store cancellation.
Cancel an App Store subscription through Apple account subscription
settings and a Google Play subscription, where available, through Google
Play subscription settings. TBW will provide reasonable assistance but
may not have authority to change a store-managed subscription directly.
Use the store’s controls to prevent the next charge.
8.3. Effective date and
confirmation.
An ordinary cancellation stops future renewal; paid access generally
continues until the end of the already-paid period. TBW will confirm
website cancellation and its effective date electronically. Earlier
termination, refunds or different effective dates apply where required
by law or expressly offered. Ending renewal is distinct from exercising
a statutory cooling-off right under Section 20.
8.4. Deleting an account.
User may request account deletion through the in-app account-deletion
control or by contacting info@bodywellmethod.com. Account deletion and
subscription cancellation are separate processes. TBW will cancel a
TBW-billed recurring subscription when deleting the related account and
will explain any effect on remaining access. A store-managed
subscription may require a separate cancellation with the store; TBW
will identify this before completing deletion where reasonably
practicable. Merely uninstalling the app is not a cancellation or
deletion request. The Privacy Policy governs data deletion and permitted
retention.
9. REFUNDS; BILLING ERRORS.
Unless otherwise provided by law, expressly stated at purchase, or
required by a remedy in these Terms, all membership sales made directly
through TBW’s website are final and non-refundable, including after a
free trial converts to a paid membership. Ordinary cancellation stops
future renewal and does not generate a prorated refund for an unused
part of a paid monthly or annual period. This provision does not apply
to mandatory withdrawal, non-conformity, consumer-guarantee,
unauthorized-charge or other statutory remedies.
Website refund and billing-error requests should be sent to
info@bodywellmethod.com with enough information to identify the
transaction, without full card details. For an Apple purchase, submit a
refund request through Apple’s refund process. For Google Play or
another supported store, use that store’s process or contact TBW where
the store permits developer assistance. TBW will cooperate in
implementing a refund for which it is responsible; an app-store purchase
does not eliminate an enforceable remedy against TBW.
If TBW discontinues the paid Services or terminates a paid membership
without User’s breach before the paid period ends, TBW will provide, or
arrange through the purchase channel, a prorated refund for the unused
prepaid period. Additional statutory remedies remain available. A credit
will not replace a legally required cash refund without User’s valid
agreement.
10. TBW CONTENT;
LIMITED LICENSE; PROHIBITED USE.
10.1. Ownership and permitted
use.
TBW or its licensors retain the rights they hold in the Services,
including videos, photographs, written materials, recipe presentation,
graphics, software, branding and proprietary content. Nothing transfers
ownership to User or gives TBW ownership of information or material
owned by User. Subject to these Terms and payment where required, TBW
grants User a limited, non-exclusive, personal, non-commercial license
to access and view the Services on supported devices. Authorized in-app
downloads are for offline viewing within the app and applicable access
period, not redistribution. Ordinary personal preparation of a published
recipe is permitted.
10.2. Restrictions.
Except as expressly permitted or protected by applicable law, User
must not: (a) copy, record, redistribute, publicly exhibit, sell or
sublicense protected content; (b) share credentials or bypass a paywall;
(c) show paid content to a commercial class or use it to deliver
professional services to others; (d) remove rights notices; (e) reverse
engineer or attempt to obtain non-public source code; (f) introduce
malware or interfere with availability or security; (g) scrape or
harvest content or personal information using automated tools; (h)
impersonate others, create false reviews or misrepresent affiliation;
(i) harass, threaten or unlawfully discriminate against others; or (j)
use the Services in an unlawful or infringing manner. Nothing restricts
non-waivable interoperability, accessibility, quotation, fair-use or
similar rights.
10.3. AI and competing
databases.
User may not use protected TBW content or other users’ personal
material to train, fine-tune, evaluate or supply a dataset to an AI or
machine-learning system without the necessary written permissions. User
may not clone an instructor’s or user’s voice or likeness, create a
deceptive endorsement, or build a substitute content library through
unauthorized copying or extraction. These restrictions do not claim
ownership of unprotectable facts, general exercise concepts or User’s
independently developed materials.
11. USER SUBMISSIONS;
REVIEWS; LIKENESS.
11.1. Ownership and
operational license.
“User Content” means material User submits to TBW, including
feedback, support messages and any review or upload submitted through an
available feature. User retains User’s ownership rights. User grants TBW
a non-exclusive, worldwide, royalty-free license to host, reproduce,
format, transmit and display User Content only as reasonably necessary
to provide, secure and support the requested feature or communication.
TBW may permit contracted service providers to perform those functions
on its behalf. The license ends when the material is deleted, except for
copies lawfully retained under the applicable privacy policies. It does
not authorize advertising, sale of health data or AI training.
11.2. Permission to
submit; public material.
User must have the rights and permissions necessary to submit
material and must not disclose another person’s private health
information without appropriate authority. Material expressly submitted
for public posting may be seen or copied by others; private support or
intake information is not made public under this license. Do not post
sensitive information to a public review or comment. TBW may remove
unlawful, infringing, abusive or dangerous submissions and apply
proportionate account restrictions under Section 17.
11.3. Testimonials and
publicity.
TBW will not use User’s name, image, likeness, voice, health
information, progress materials or personal testimonial in advertising
or promotional materials without separate, specific, express permission
for that use. A general account acceptance or operational content
license is not that permission. Any permission will identify the
material, purposes and applicable channels. User may withdraw a
consent-based permission for future use by emailing
info@bodywellmethod.com, subject to applicable law. TBW will stop
controlled future uses as required; withdrawal does not make earlier
lawful uses unlawful.
11.4. Product
suggestions and honest reviews.
TBW may use general suggestions about improving the Services without
payment or attribution, provided this does not grant rights to exploit
User’s private health information, identity or independently protected
work. Nothing prohibits an honest consumer review or a lawful report to
a regulator, attorney or other appropriate recipient. User must disclose
a material incentive or connection when required by endorsement
laws.
12. COPYRIGHT AND OTHER
RIGHTS COMPLAINTS.
Send a rights complaint to info@bodywellmethod.com, attention
“Copyright / Rights Complaint,” identifying the protected work or right,
the material and its location, the basis of the complaint, and contact
information. Do not include unnecessary sensitive information. TBW may
seek clarification, investigate, restrict access or remove material, and
terminate repeat infringers in appropriate circumstances. Any separately
published statutory notice-and-counter-notice procedure will govern
where applicable.
13. APP STORES; THIRD-PARTY
SERVICES.
13.1. Third parties.
Device, app-store, payment and other independently supplied services
have their own applicable terms. TBW does not control independent
providers, but remains responsible for obligations applicable to TBW and
its own contracted processing. TBW does not promise that a particular
device, wearable or third-party integration is supported. Availability,
compatibility, required operating-system versions and connectivity
requirements are described in the applicable product or store listing.
User is responsible for User’s ordinary internet and device charges.
13.2. Apple application terms.
For an application obtained from Apple: (a) the application agreement
is between User and TBW, not Apple, and TBW is responsible for the
application and content; (b) the license is non-transferable and applies
to Apple-branded devices User owns or controls, subject to Apple’s usage
rules, including permitted Family Sharing, volume purchasing or Legacy
Contacts; (c) TBW, not Apple, provides applicable maintenance and
support; (d) User may notify Apple of failure to meet an applicable
warranty, and Apple will refund the application purchase price as
required by its developer terms; remaining warranty responsibilities
belong to TBW to the extent required by law; (e) TBW, not Apple,
addresses product, regulatory, consumer, privacy and third-party
intellectual-property claims concerning the application; and (f) Apple
and its subsidiaries may enforce this Section as third-party
beneficiaries. TBW’s contact details are in Section 22. Nothing expands
a disclaimer beyond what law permits or conflicts with applicable Apple
usage rules.
13.3. Trade restrictions.
User must comply with applicable export and sanctions laws and must
not access the application from a territory subject to a relevant U.S.
embargo or designated by the U.S. government as supporting terrorism, or
while listed on an applicable U.S. prohibited or restricted-party list.
This provision is subject to mandatory applicable law and does not
represent that access is available in every territory.
14. AVAILABILITY; CHANGES
TO THE SERVICES.
TBW may make reasonable changes to improve performance or
accessibility, correct errors, respond to security risks or legal
requirements, maintain compatibility, or update the content library.
Specific instructors or individual items may change. TBW will not
materially reduce the paid membership promised for an existing period
without appropriate notice and a remedy. Where a change materially and
adversely affects access or use, TBW will provide advance notice on a
medium User can retain and permit termination with a refund for the
unused prepaid period where required by law or where no substantially
equivalent service is provided.
Temporary interruptions may occur. TBW will take reasonable steps to
address faults within its control and provide legally required updates
and remedies. Nothing in this Section permits TBW to charge for
unavailable Services without providing any remedy required by applicable
law. Security or legal emergencies may require immediate action,
followed by notice when appropriate.
15. DISCLAIMERS;
NON-EXCLUDABLE RIGHTS.
SUBJECT TO SECTION 20 AND MANDATORY APPLICABLE LAW, THE
SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT LAWFULLY
EXCLUDABLE, TBW DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DOES NOT GUARANTEE
UNINTERRUPTED OR ERROR-FREE ACCESS OR A PARTICULAR WELLNESS
OUTCOME.
These disclaimers do not eliminate an express representation binding
under applicable law, an obligation to exercise legally required care
and skill, an applicable digital-content conformity obligation, or a
statutory consumer guarantee. User’s independent safety decisions do not
excuse TBW from a duty the law does not permit it to disclaim.
16. LIMITATION OF LIABILITY.
16.1. Excludable losses and
cap.
To the maximum extent permitted by applicable law and subject to
Sections 4.3 and 20, TBW will not be liable for indirect, incidental,
special, consequential, exemplary or punitive damages, or lost business
profits or goodwill, arising from the Services. For claims to which a
contractual cap may lawfully apply, TBW’s aggregate liability will not
exceed the greater of US$100 or the membership fees paid by User for the
Services, including fees paid through an app store, during the twelve
(12) months before the event giving rise to the claim. This cap does not
reduce a refund expressly owed under these Terms or by law.
16.2. Exclusions from the
exclusions.
Nothing limits liability for fraud, fraudulent misrepresentation,
gross negligence, recklessness or willful misconduct, or any other
liability that cannot lawfully be excluded or limited. In particular,
liability for death or personal injury caused by negligence is not
excluded or limited where the governing law prohibits doing so.
Mandatory privacy, consumer, product-liability and compensation rights
remain intact. For non-U.S. consumers, the exclusions do not eliminate
recovery for reasonably foreseeable loss where such recovery is
protected by applicable law.
16.3. No shortened statutory
period.
These Terms do not impose a one-year contractual deadline or
otherwise shorten a non-waivable limitation period for bringing a claim.
The applicable statutory periods govern, subject to the tolling
provision in Section 19.2.
17. SUSPENSION; TERMINATION.
TBW may restrict or terminate access for a material breach, a valid
unpaid balance, unlawful activity, fraud, infringement or a material
safety or security threat. Action must be proportionate to the
circumstances. Where a breach can reasonably be remedied without
creating risk, TBW will give notice and a reasonable opportunity to
remedy it. Immediate temporary action may be necessary for serious
threats or legal requirements. User may contact info@bodywellmethod.com
to challenge an account restriction.
If TBW ends a paid membership without User’s breach, TBW will
ordinarily provide at least thirty (30) days’ notice and the
unused-period refund described in Section 9. Termination for breach does
not create a right to retain payments that law requires to be returned.
TBW will stop future TBW-controlled renewal charges and address
store-managed billing appropriately. User’s content-access license ends
when access lawfully ends. Deletion and retention of Personal
Information remain governed by the privacy policies, not by an
unrestricted right to retain data after termination.
18. RESPONSIBILITY FOR
THIRD-PARTY CLAIMS.
To the extent permitted by applicable law, User will indemnify TBW
and its officers, directors and employees against a third party’s claim,
including reasonable legal costs, to the extent caused by User’s
unlawful or infringing submission, intentional misuse of the Services,
or material breach of Section 10. This provision does not apply to
ordinary permitted use, a claim caused by TBW’s own fault, or amounts
that law prohibits shifting to a consumer.
TBW will give prompt notice of a covered claim and reasonable
information about it. A delay in notice reduces User’s responsibility
only to the extent it materially prejudices the defense. The parties
will cooperate on a reasonable defense. No settlement may impose an
admission, non-monetary obligation or uncovered payment on User without
User’s consent. This Section does not shift TBW’s arbitration expenses
to a consumer contrary to Section 19 or applicable law.
19. GOVERNING LAW; U.S.
DISPUTE RESOLUTION.
19.1. Scope and governing law.
This Section’s mandatory arbitration and class-action provisions
apply only to Users residing in the United States. Wyoming law governs
these Terms, except that the Federal Arbitration Act governs the
arbitration agreement and mandatory law that cannot be displaced
continues to apply. International consumer disputes are governed by
Section 20. No provision prevents a complaint to a regulator or the
exercise of a legally protected reporting right.
19.2. Informal resolution.
Before starting arbitration, either party will send the other a
written description of the dispute, relevant account details and
requested relief. Notices to TBW go to info@bodywellmethod.com with
“Dispute Notice” in the subject line, or its mailing address in Section
22; TBW will use User’s account email. The parties will attempt
resolution for sixty (60) days after receipt. Applicable limitation
periods are tolled during that period. Either party may use small claims
court or seek urgently needed interim relief without waiting. An
immaterial defect in a notice does not forfeit a claim.
19.3. Individual arbitration.
Unless User timely opts out, either party may require an unresolved
covered dispute relating to these Terms or the Services to be decided by
one neutral arbitrator administered by JAMS under its Streamlined
Arbitration Rules and Procedures and its Consumer Arbitration Minimum
Standards, as applicable. The parties have a reasonable opportunity to
participate in selection. Hearings may be remote by agreement; an
in-person hearing will take place in User’s home county or another
mutually agreed reasonably accessible location. Information about the
applicable rules is available from JAMS or from TBW on request.
19.4. Fees, procedure and
remedies.
For a consumer-initiated case, User’s required JAMS filing
contribution will not exceed US$250, or a lower amount required by law
or the applicable consumer standards. TBW pays the remaining required
administrative and arbitrator fees and pays all such fees when TBW
initiates. Applicable fee-waiver rights remain available. Each party
otherwise pays its own counsel, except where applicable law authorizes a
fee award. The arbitrator may allow reasonable information exchange and
award the relief available on an individual claim in court, and will
issue a reasoned written decision.
19.5. Exceptions; court
determinations.
Either party may bring an eligible individual claim in small claims
court. Either party may request temporary court relief necessary to
preserve rights pending arbitration. Claims or remedies that cannot
lawfully be compelled to arbitration remain in a competent court; no
public-injunctive-relief right is waived. A court, not the arbitrator,
determines formation, scope and enforceability of the arbitration
agreement and class waiver. No contractual secrecy obligation prevents
User from discussing the underlying dispute or reporting concerns.
19.6. Class waiver.
TO THE EXTENT LAWFULLY ENFORCEABLE, COVERED DISPUTES MUST
PROCEED INDIVIDUALLY, NOT AS A CLASS OR REPRESENTATIVE ACTION OR CLASS
ARBITRATION. THE PARTIES WAIVE A JURY TRIAL ONLY FOR CLAIMS VALIDLY
REFERRED TO ARBITRATION. If a court finds the class or
representative-action waiver unenforceable for a claim, that claim
proceeds in court rather than class arbitration. This clause does not
restrict a non-waivable representative or public remedy.
19.7. Thirty-day opt-out.
User may reject the arbitration agreement and associated class waiver
by emailing info@bodywellmethod.com with “Arbitration Opt-Out” within
thirty (30) days after first accepting these Terms. Include User’s name,
account email and a clear request to opt out. No mailed letter or
explanation is required. Opting out does not affect membership or other
Terms and is binding on both parties. A prior effective opt-out remains
effective.
19.8. Non-arbitrated disputes;
changes.
For a U.S. dispute not subject to arbitration, the state courts in
Sheridan County, Wyoming, or federal courts in the District of Wyoming
have jurisdiction, except for an available small-claims forum or another
court required by mandatory law. If JAMS will not administer under this
agreement, the parties may agree to another provider; absent agreement,
the dispute may proceed in court. A material arbitration amendment will
not apply to an already-accrued dispute without both parties’ agreement,
and User may reject a new arbitration amendment within thirty (30) days
after notice. Otherwise, validly accepted prior dispute terms remain in
effect.
20. INTERNATIONAL CONSUMER
RIGHTS.
20.1. Mandatory local
protections.
For a consumer residing outside the United States, including the
European Economic Area (“EEA”), United Kingdom (“UK”), Canada or
Australia, these Terms do not remove protections afforded by mandatory
law of the consumer’s habitual residence. Sections 4.2 and 19’s
compulsory arbitration, class waiver and exclusive U.S. venue do not
apply. A consumer may use a competent local court and applicable
regulatory or out-of-court complaint process. Any translation that law
requires to control will control; an English-language preference does
not waive a mandatory language right.
20.2. EEA and UK withdrawal
period.
Where a statutory withdrawal right applies to a distance purchase,
User has fourteen (14) days from conclusion of the contract to withdraw
without giving a reason. Send an unambiguous statement to
info@bodywellmethod.com or the mailing address in Section 22 before the
deadline. User may use the form in Schedule A but need not do so. A
legally required online withdrawal function will also be available
during the applicable period. TBW will acknowledge electronic withdrawal
and make any required refund without undue delay, normally within
fourteen (14) days after receiving notice, using the original payment
method unless otherwise validly agreed and without a refund fee. A
statutory extension applies if required information was not
provided.
20.3. Immediate
access is not a blanket waiver.
For digital content supplied without a physical medium, the initial
withdrawal right is lost only where law allows and only after User has
separately and expressly requested immediate supply, acknowledged the
resulting loss of that right, received the required confirmation, and
supply has begun. Acceptance of these Terms or merely using the app does
not itself satisfy those steps. For an ongoing service, a request to
start during the withdrawal period does not waive the right merely
because access starts. If User then withdraws, a proportionate charge
for service already supplied is payable only when the required
information and express request were properly obtained and the law
permits it. No charge applies where those conditions are not met. These
distinctions also govern a membership combining content and service
elements.
20.4. EEA digital-service
protections.
User retains applicable rights to conforming digital content and
services, necessary updates, correction of defects, proportionate price
reduction or termination and refund. A materially adverse change to a
continuing digital service will be subject to the valid-reason,
advance-information and no-cost termination rights required locally.
Choosing an annual plan does not waive these rights.
20.5. France.
French consumers retain the legal guarantee of conformity for digital
content and services under Articles L.224-25-1 through L.224-25-31 of
the French Consumer Code, including conformity throughout a continuous
paid supply period, necessary updates and applicable correction,
price-reduction and termination remedies. An English-language
explanation of these guarantees appears in Schedule B. These guarantees
apply independently of any discretionary refund policy. Automatic
renewal is subject to required advance reminders and statutory
cancellation and refund consequences if notice is not given. A directly
accessible online termination function will be provided where required,
separately from any cooling-off withdrawal function.
20.6. United Kingdom.
The Consumer Rights Act 2015 preserves applicable rights concerning
satisfactory quality, fitness for a disclosed purpose, description,
reasonable care and skill, repair or replacement, repeat performance,
price reduction and other required remedies. TBW does not exclude
liability for death or personal injury caused by negligence, fraud or
fraudulent misrepresentation. The ordinary renewal-cancellation rules do
not displace a cooling-off, renewal, reminder or refund right that is
mandatory under legislation applicable to the particular subscription
when it is entered into or renewed.
20.7. Australia.
The Services come with rights and guarantees under the Australian
Consumer Law that cannot be excluded. Where applicable, User is entitled
to services supplied with due care and skill, fit for a disclosed
purpose and within a reasonable time. For a major failure, User may
cancel the service contract and receive a refund for the unused portion,
and may be entitled to compensation for reasonably foreseeable loss or
damage. For a remediable non-major failure, User may require
rectification within a reasonable time and exercise further remedies if
it is not rectified. TBW does not rely on a special Australian
recreational-services waiver in these Terms.
20.8. Canada and Québec.
Applicable federal and provincial consumer rights, statutory
warranties, distance-contract cancellation and refund rights, and
restrictions on unfair terms remain available. A Canadian consumer is
not required by these Terms to arbitrate a dispute, waive a protected
class proceeding, or litigate exclusively in Wyoming. Québec consumers
retain non-waivable rights concerning injury, abusive clauses, contract
changes and cancellation. Where Québec’s French-language rules apply,
the French version and related documents must be provided as required
before an effective choice to contract in another language. These Terms
do not themselves record that such a choice has been made.
21. CHANGES; GENERAL
PROVISIONS.
21.1. Amendments.
TBW may update these Terms for legitimate operational, technical,
security or legal reasons. Material changes will ordinarily be notified
at least thirty (30) days before taking effect by email or in-app
notice, with an opportunity to retain the revised version. A shorter
period applies only where reasonably necessary and lawful. Changes do
not retroactively alter accrued rights or a fixed Founding Member rate.
TBW will obtain renewed affirmative acceptance where required rather
than treating continued use as sufficient. A User who rejects a
materially adverse change may cancel and receive any unused-period
refund required under Section 14 or applicable law.
21.2. Entire agreement;
severability.
These Terms and the specific purchase terms User accepted constitute
the agreement for the Services. The privacy policies govern
personal-data practices without supplying consent where separate consent
is required. A separate signed agreement controls a specifically covered
matter. Mandatory pre-contractual representations and statutory rights
are not excluded. If a provision is invalid, the remaining provisions
continue where the agreement can lawfully do so; an unfair term will not
be rewritten merely to deprive a consumer of the effect of that finding.
Failure to enforce a right is not a waiver of future enforcement.
21.3. Assignment; events
outside control.
User may not transfer an account or contract except as permitted by
TBW, applicable store rules or law. TBW may assign the agreement in a
reorganization, merger or business sale if the successor assumes its
obligations and the transfer does not materially reduce User’s
protections. TBW will provide notice where required. Events reasonably
outside TBW’s control may delay performance, but do not eliminate
statutory remedies or permit indefinite retention of payment for
unprovided Services.
21.4. Notices and
communications.
TBW may send account, purchase, security and legal communications
electronically to User’s account email or through the app, subject to
any required durable-medium or delivery rules. User should keep contact
information current. Optional marketing is governed by separate choices
and the Privacy Policy; these Terms do not enroll User in marketing
texts. Notices to TBW may be sent to the contact details in Section
22.
21.5. Survival and
beneficiaries.
Accrued payment and refund obligations, applicable participation-risk
provisions for past use, intellectual-property protections, lawful
limits on liability, the limited indemnity, dispute provisions and other
terms that by their nature should survive remain effective after
termination. User Content licenses survive only to the limited extent
described in Section 11. Privacy rights and lawful deletion duties
continue. Except for Apple as expressly stated in Section 13 and parties
expressly protected by an applicable provision, no third-party
enforcement rights are intended.
22. CONTACT INFORMATION.
TBW Method Inc., doing business as The BodyWell Method
Mailing address: 30 N Gould Ste 100, Sheridan, WY 82801, United
States
Email for support, cancellation assistance, rights complaints and
legal notices: info@bodywellmethod.com
Customer contact telephone: 316-308-1149
SCHEDULE A — OPTIONAL
WITHDRAWAL FORM.
Complete and send this form only to exercise an applicable statutory
right to withdraw. An equally clear statement is sufficient; no
particular form is mandatory.
To: TBW Method Inc., 30 N Gould Ste 100, Sheridan, WY 82801, United
States; info@bodywellmethod.com.
I/We give notice that I/we withdraw from my/our contract for the
following digital content or service:
______________________________.
Date ordered / contract concluded:
______________________________.
Consumer name(s): ______________________________.
Consumer address: ______________________________.
Account email / order reference: ______________________________.
Signature (only if submitted on paper):
______________________________.
Date: ______________________________.
For a purchase billed by an app store, identify the store and order
reference so the request can be routed appropriately. This does not
restrict any right to notify the legally responsible trader
directly.
SCHEDULE
B — FRANCE: LEGAL GUARANTEES FOR CONTINUOUS DIGITAL SUPPLY
The following English-language explanation concerns a monthly or
annual digital membership supplied continuously during its contractual
term. It does not restrict the French statutory guarantees or replace
any mandatory French-language notice.
Provider responsible for the guarantees: TBW Method
Inc., at the postal, telephone and email contact details in Section 22.
Contact TBW to request implementation of a legal guarantee.
