Terms of Use
Last Update: May 17, 2022

OCTOPUS MEDIA Inc 230 N Gould St Ste R Sheridan, WY 82801 (Octopus media Inc, “we”, “us” and “our”) provides you access to cross–platform application in the health and fitness category available on our website https://octopus-m.com/ (“our Product”).

Please read these Terms of Use carefully before you start using our Product. Your use of our Product shall be subject to these Terms of Use, and by using our Product, you agree to be bound by them.

We reserve the right, at our sole discretion, to amend these Terms of Use at any time without prior notice. An up–to–date version of these Terms of Use will be available in our Product, and any amendments will come into effect immediately upon posting. By continuing to use our Product, you agree to the amended Terms of Use.

1. General disclaimer.
1.1. Our Product offers a variety of content (video–, audiovisual, text, images, etc.) that can be used for physical activity and diet adjustments. This content is for information purposes only and is not intended as medical advice and is not intended for therapeutic purposes.

1.2. By using our Product, you confirm that you are solely responsible for your state of health and Octopus MEDIA and its licensees, if any, are not responsible for any results achieved (or not achieved) by you.

1.3. When using our Product, you shall follow the below mentioned rules all the time:

• You shall consult with your physician provider before engaging in any physical activity or changing your nutrition plan. Do not change your physical activity regimen or nutrition plan if your physician provider does not advise you to do so;
• You agree that the use of our Product is no substitute for a consultation with a specialized doctor;
• You shall stop any physical activity whenever you feel faintness, dizziness, pain, shortness of breath or any other uncomfortable symptoms while exercising;
• You should understand that when participating in any exercise, there is the possibility of physical injury. If you engage in any exercise, you agree that you (1) engage at your own risk, (2) are voluntarily participating in these activities, and (3) assume all risk of injury to yourself.

1.4. We presume that you are in good physical condition that allows you to participate in the exercise. If you (or your family) have a history of high blood pressure or heart disease, or have chest pain when exercising in the past months, we do not recommend you to engage any physical activity. If you smoke, have high cholesterol, are obese, or have a bone or joint problem, a change in physical activity can make you feel worse.

1.5. You agree that we are not responsible or liable for any injuries or other damages you may sustain that result fr om your use of, or inability to use our Product.

2. License and rights on the content.
2.1. We grant you revocable, worldwide, non–transferable and non–exclusive license to access and use our Product for personal non–commercial purposes under the relevant payment in accordance with these Terms of Use.

2.2. The term of the provided license starts from the moment you start use our Product and expires with the termination of the Terms of Use in accordance with the clause “Termination” herein.

2.3. All contents of our Product are protected by copyright and/or other intellectual property rights. These rights are valid and protected in all forms, on all media and in respect of all technologies, whether existing or developed or created afterwards.

2.4. As a result of using our Product, no rights to any of content, including video–, audiovisual works, images, trademarks and other intellectual property, shall pass to you.

2.5. You are not entitled to copy, modify, alter, delete, supplement, publish, transfer, create derivative works from, manufacture or sell products based on our Product and/or it’s content.

3. Registration procedure.
3.1. To start use our Product you will be required to create an account (the “Account”) and will be asked to provide certain personal information. This personal information will be held and used in accordance with our Privacy Policy.

3.2. You agree that when creating the Account, you will supply accurate and complete information and that you shall be responsible for keeping it up–to–date.

3.3. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account (including the information about your login and password combination). We will not be liable in any way for any action taken from your Account if you lose or pass to any third party the information about your login and password combination.

3.4. You agree that since we are unable to identify the particular person who uses our Product through your Account, we will not be responsible for any losses incurred by you wh ere your Account is used by any third party.

3.5. To create an Account and access our Product, you must be at least 18 years old and not barred from using our Product under applicable law. If you are aware of anyone under 18 using our Product, please contact us at [email protected], and we will take required steps to delete his/her Account and personal information.

3.6. The Account can be deleted if you send a relevant request to [email protected]. After your Account deletion, the active subscription will be cancelled, but you have a right to the refund only in the cases specified in the clause “Refund procedure” herein.

4. Functionality provided within our Product.
4.1. Within our Product you will have access to courses in various areas such as stretching, slimming, twerk and others as well as nutrition plans. Each of the course includes a set of training, arranged in a logical sequence, according to your chosen direction and a specific nutrition plan.

4.4. All performance indicators of a particular course, including what results can be achieved as you go through the training courses and following the nutrition plan for a certain period of time, are intended for information purposes, and are approximate. Your factual result may differ from the stated due to the specific characteristics of your body, your lifestyle, health and so on.

5. Payment procedure.
Your payment will be processed by one of the available third-party payment service providers and in accordance with the procedure set forth by such third-party payment service provider.

6. Cost for the provision of services and calculation procedure
We offer a one-day trial subscription to the service for a small fee in the amount of 0,99 EUR. If you do not cancel your subscription before the end of the trial period (seventy-two hours), you will be automatically charged 9,99 EUR for the a subscription period of one week. Please note that if a trial is offered, this will be explicitly stated on the pricing screen prior to checkout. If this is not the case, you will purchase our subscription without a trial. We may also, from time to time, offer discounts that are extended to the full price without a discount and other offers that may be of interest to you.

The subscription automatically renews every week until you cancel it.

Please read the current tariff plan of the service for the development of individual information materials.

Trial subscription to the service 0,99 EUR for 3 days – includes: Access to your Account, meal plan and physical activity plan for the subscription period 3 days (seventy-two hours).

Tariff 9,99 EUR per week – includes: Access to your Account, meal plan and physical activity plan for every week.

7. Refund procedure.
7.1. You are entitled to a refund only in the event that you have not received access to the Product after proper payment (the “Access Issues”).

7.2. In case of occurrence of the Access Issues, we ask you to contact us at [email protected]. We will make every effort to resolve the Access Issues within 14 (fourteen) business days of you notifying us. If we are unable to resolve the Access Issues within this period, we will make a refund.

7.3. The refund will be made in the same manner in which you made the payment and according to the procedure established by the third-party payment service provider through which you made the payment.

7.4. If for any reason beyond our control you have been unable to use our Product for a certain period of time, have not used any part of the functionality of our Product that you have paid for, or have not completed or started any of course, we will not be responsible for that and you will not be entitled to a refund. By making a payment, you agree that you receive access to and acquire the right to use the functionality of the Product at any time and by any means, subject to the limitations set forth in the Terms of Use. We cannot control and are not responsible for how and at what frequency you will use the Product.

7.5. If you terminate the Terms of Use, the payments you have made are non–refundable.

7.6. If we terminate the Terms of Use on our initiative due to your breach of the Terms of Use, the payments you have made are non–refundable.

7.7. If we terminate the Terms of Use on our own initiative, provided that you comply with the Terms of Use and you are not at fault for terminating the Terms of Use, we will refund the amounts paid by you in proportion to the number of days in which you are unable to access our Product due to the termination.

8. Auto-renewal.
By purchasing the subscription, you agree to the automatic renewal unless you withdraw your consent to the automatic renewal in your Account.

9. Technical support.
In the event of any failures, malfunctions, errors, inaccuracies in the operation of our Product, you may contact us by sending a corresponding request to the [email protected].

10. Restrictions on use of our Product.
When using our Product, you are prohibited from:
• Use our Product and the content placed on our Product (video–, audiovisual, text, images, etc.) for business, profit purposes or use it in a manner contrary to the Terms of Use or law;
• Placing any personal information of third parties in our Product, including home addresses, telephone numbers, passport details, e–mail addresses, etc.;
• Place commercial advertisements, commercial offers and campaign information in our Product;
• Insult or otherwise violate the rights and freedoms of other users, third parties or groups;
• Change the software code of our Product in any way, or take actions to change the functionality and performance of our Product;
• Attempt to gain unauthorized access to any portion or feature of our Product, or any other systems, networks, servers, cloud storages connected to accounts of other users and administrators of our Product by hacking, organizing DDoS–attacks, password "mining" or any other illegitimate means.

11. License to use comments, feedback and ideas.
Any comments, feedback, or ideas with respect to our Product are provided by you on a non–confidential basis and you grant us a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, improving and marketing our Product.

12. Third–party websites or platforms.
Our Product may contain links to third–party websites or platforms that are not owned or controlled by us. Such links are provided for your reference only. We do not control such third–party websites platforms and are not responsible for their content or your use of them, and as a result we do not accept responsibility for the availability, suitability, reliability, or content of such third–party websites platforms. Our inclusion of such links in our Product does not imply any endorsement of the material or the views expressed within them.

13. Advertisement.
We may place advertisements, promotions or sponsorship content in our Product (the “Ads”). You agree that we cannot always control the content of such Ads. We are not responsible for any mistakes in the content of such Ads and will not be liable for any losses incurred as a result of your interaction with such Ads, including if you have made any decision based on such Ads, and any goods, products or services offered in such Ads.

14. Lack of warranties.
Our Product is provided on an “as is” basis and without any representation or warranty of any kind, express or implied. In particular, we do not warrant that our Product will operate fast and uninterruptedly or that any defects in its performance will be corrected. We do not warrant that our Product will meet your needs. You use our Product at your own risk.

15. Indemnification by you.
You agree to hold harmless and indemnify us and our authorized officers, directors, employees, agents, partners, licensors, resellers, successors and assigns from and against any third-party claim arising from or in any way related to your breach of these Terms of Use or your use of our Product in violation of applicable laws, rules or regulations, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees, of any kind and nature.

16. Limitation of liability.
16.1. You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages incurred by you, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute services, or other loss. The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

16.2. If the limitation of liability provision under applicable law is held invalid, in any case, our cumulative liability for all claims arising from or relating to our Product shall be a maximum of 100.00 (one hundred) EUR.

16.3. In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, a passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.

17. Termination.
17.1. You are entitled to terminate these Terms of Use at any time by unsubscribing or by requesting the deletion of your Account and terminating the use of our Product.

17.2. We are entitled to terminate these Terms of Use at our initiative unilaterally without prior notice to you, if you violate any term of these Terms of Use.

17.3. We are also entitled to terminate these Terms of Use unilaterally by sending notice to you regardless of the reason of such termination.

17.4. In case of termination of these Terms of Use you shall immediately stop using our Product.

17.5. The obligations to pay off debts to Octopus MEDIA, if any, remain valid until they are fully discharged.

18. Applicable law.
18.1. Any issue which is not agreed in the Terms of Use will be governed by the law applicable to Octopus MEDIA

18.2. The parties will endeavor to resolve all disputes, controversies and claims that may arise in connection with the execution, termination or invalidation of the Terms of Use by negotiations. The party which has any claims and/or disagreements shall send message to the other party indicating the claims and/or disagreements that have arisen. The message is sent to the following e–mail address: to the user – to the e–mail address provided during registration; to the Octopus MEDIA - to [email protected].

18.3. If any dispute, disagreement or claim was not be solved by negotiations, such dispute shall be resolved by the competent state court at the place of the Octopus MEDIA location.

19. Miscellaneous.
19.1. Severability. Each of the provisions of these Terms of Use is independent and separable. If any provision is held to be or becomes invalid or unenforceable in any respect under the applicable law, it will not affect the legality, validity or enforceability of any other provision of these Terms of Use. We shall use all reasonable endeavors to replace such provisions by making amendments to these Terms of Use unilaterally in that respect with valid provisions and reflect the essence of the replaced provisions to the maximum extent possible by applicable law.

19.2. Entire agreement. These Terms of Use is the final, complete and exclusive agreement between you and Octopus MEDIA with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms of Use).

19.3. Titles and interpretation. The clauses titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation".

19.4. Assignment. These Terms of Use and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms of Use without your consent. The terms of these Terms of Use shall be binding upon assignees.

19.5. Independent contractor. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.

19.6. No waiver of rights. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

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