Terms of Use - Cocast.fit

Last Updated March 29th, 2024

1. Introduction

These terms of use, including all referenced policies and exhibits such as our Privacy Policy and third-party terms referenced herein (collectively, the "Terms") govern your use of our Service. COCAST LIMITED ("Cocast," "we," "us," or "our") has carefully created these Terms as a legally binding agreement between you and Cocast. It outlines your rights and our rights concerning the provision of our Service. To access our Site at www.cocast.fit (the "Site") , to use our SaaS service and any other Cocast products and services offered on our technology platform (the "Platform") through the Site or any other websites that direct you to these Terms (collectively, the "Service" or "Services"), you must accept these Terms.

We urge you to read these Terms carefully as they have an impact on your rights.

1.1 Acceptance of the Terms of Use

BY ACCESSING, USING, UPLOADING, OR DOWNLOADING ANY INFORMATION OR MATERIALS THROUGH OUR SERVICES, OR BY INDICATING YOUR AGREEMENT TO THESE TERMS THROUGH ACTIONS SUCH AS CREATING AN ACCOUNT, CLICKING "SIGN UP," OR ANY SIMILAR MECHANISM, USING OUR SITES OR APPS, OR BOOKING TRAINING SERVICES VIA OUR SERVICES, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE REFRAIN FROM ACCESSING OR USING THE SERVICES.

Continued Usage Confirms Acceptance: Your ongoing use of our Service, even after modifications to the Terms, constitutes your acknowledgment of the updated Terms and your agreement to comply with any changes made.

1.2 Changes to the Terms of Use

We may modify, change, or amend these Terms, along with referenced exhibits and policies, from time to time. If you disagree with the proposed changes, please discontinue using the Service immediately. You acknowledge and accept that it is your responsibility to regularly review our Service and these Terms to stay informed about any modifications.

1.3 Arbitration, Class Action, and Jury Trial Waiver

These Terms include a binding arbitration agreement that limits your rights to bring a court action, initiate a class action, or have disputes decided by a judge or jury, unless you opt-out of arbitration.

2. Service We Provided

Cocast operates as a platform that facilitates the connection between individuals ("Clients") seeking fitness related personal training services ("Training Services") and authorized individuals associated with personal training businesses ("Trainers"). By accessing and using our Services, you, as a User (which includes both Trainers and Clients), agree to be bound by the following terms:

Cocast acts solely as an intermediary, providing a platform for Trainers and Clients to connect for the purpose of arranging Training Services. It is important to note that Cocast does not provide or contract for Training Services itself. The contract for the provision of Training Services is independently formed between the Trainers and Clients.

Clients have the sole responsibility of selecting a suitable Trainer, determining the desired Training Services, and designating the location where the Training Services will be performed. The decision to receive Training Services or to provide Training Services is entirely at the discretion of the respective User.

Cocast does not exercise control over the quality, suitability, reliability, timing, durability, legality, or any other aspect of the Training Services provided by Trainers. Additionally, Cocast does not take responsibility for the actions, omissions, integrity, or reliability of Trainers or Clients. We do not endorse or warrant the Training Services offered by Trainers or requested by Clients.

Cocast does not conduct regular screenings, background checks, or verification of the information provided by Users. We do not confirm the accuracy of any User's identity or representations. While we strive to provide accurate and reliable information, we do not assume responsibility for the accuracy or reliability of any information provided on or through our Services.

3. Access to our Site and Account Security

3.1 Registration

By utilizing our Services, including creating an Account with Cocast (an “Account”), and completing the necessary payment requirements, you are granted the right to access and use the Services offered by Cocast. However, this right is subject to the limitations and restrictions outlined in these Terms, the Cocast Privacy Policy, and any additional written restrictions provided to you. To access your Account, you will be required to provide certain basic information. This may include your name, address, business details, telephone number, email address, and credit card information (including any applicable licenses and registrations, if relevant). Rest assured that all credit card information is securely held by Cocast's payment gateway provider, utilizing industry-standard security measures.

By registering for an Account, you agree to provide accurate, current, and complete data about yourself as prompted during the registration process and as requested by Cocast from time to time(such information, “Registration Data”). Should any of your Registration Data change, it is your responsibility to promptly update the information via the Services or inform us in writing. By providing your Registration Data, you acknowledge that knowingly omitting or misrepresenting material facts or information is prohibited. You also consent to our verification of your Registration Data as necessary for your use and access to the Services. We retain the right to suspend or terminate the Account of any User who provides inaccurate, false, or incomplete information or fails to comply with the registration requirements.

Furthermore, we reserve the right to remove or reclaim any unique user identification (referred to as "Account ID") or Account if, at our sole discretion, we deem the Account ID to be inappropriate, offensive, confusing, or potentially infringing upon the rights of a third party. This includes instances where a trademark owner notifies us that an Account ID is similar to their trademark, and the Account ID does not closely relate to the User's actual name or trademark rights.

By accessing or using the Services, or any associated third-party services or products linked through our Services, you represent and warrant that:

3.2 Your Account

You are responsible for maintaining the security and confidentiality of your Cocast Account and associated login credentials. You agree not to share your Account IDs or allow anyone else to access or use the Services using your Account IDs. Any charges, damages, liabilities, or losses resulting from a failure to maintain the confidentiality of your Account IDs are your sole responsibility. Cocast is not liable for any harm caused by the theft, disclosure, or unauthorized use of your Account IDs.

You are also solely responsible for all activities that occur under your Account, including any charges incurred while using the Services. If you become aware of any unauthorized use of your Account or any security breach, you must promptly notify us. Please be aware that while we strive to protect the privacy of your data and transmitted messages, complete security cannot be guaranteed.

3.3 Access to Our Site

We reserve the right to modify, suspend, or discontinue our Site, any Services, or materials provided on the Site, at our sole discretion and without prior notice. We will not be held liable if any part or the entire Site becomes unavailable for any reason or period of time. Occasionally, we may restrict access to certain parts or the entire Site to specific Users, including registered Users.

It is your responsibility to make all necessary arrangements to access the Site and ensure that anyone accessing the Site through your internet connection is aware of and complies with these Terms.

In order to access the Site or certain resources it offers, you may be required to provide registration details or other information. By using the Site, you agree that all the information you provide on the Site is accurate, up-to-date, and complete. You also acknowledge that any information you provide during registration or through interactive features on the Site is subject to our Privacy Policy, and you consent to the actions we take with respect to your information in accordance with our Privacy Policy.

4. Terms of Sale

4.1 Subscription

4.1.1 Service Period & Renewals

If you subscribe to our Services, they will be made available to you for the duration specified in your purchase order or any other form of agreement between Cocast and yourself (collectively referred to as the "Order" along with the Terms, forming the "Agreement"). These services will automatically renew on a monthly/yearly basis (depending on your chosen billing frequency) at the standard regular rate generally applicable at the time of renewal (which may be different from the original subscription fees), unless you request a change or choose to cancel/terminate.

You may cancel your subscription, but you will not be provided with a refund, in whole or in part, of any pre-paid amount. You can contact us before cancellation, but only cancellations made through the Service interface will be effective. Email requests or phone requests to cancel your Account may not be accepted and will not be considered as effective.

The termination will take effect at the end of your current billing cycle and you may continue to use the Services and will pay until the end of such current billing cycle. No termination will relieve the User of any outstanding obligation at the date of termination to pay any fees accrued (whether or not invoiced), due or payable to Cocast.

4.1.2 Licensed Materials

In accordance with the provisions of these Terms, the Order, and upon payment of the relevant fees, Cocast hereby grants you a limited, personal, and non-transferable license and right to utilize the Services, including the underlying software and technology ("Licensed Materials"), solely for the purposes outlined in the Order. This license encompasses the use of any additional applications explicitly provided by Cocast. Please note that any software provided to you is licensed, not sold.

You are obligated to use the Services strictly in accordance with these Terms and are prohibited from licensing, sublicensing, selling, reselling, leasing, transferring, assigning, distributing, timesharing, or otherwise making the Licensed Materials available to any third party. Furthermore, you shall not:

(a) Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Licensed Materials, except as expressly permitted in writing by Cocast or as permitted by applicable law despite any contractual provision to the contrary;

(b) Circumvent any user limits or other usage restrictions that are inherent in the Services;

(c) Access the Services for the purpose of: (i) developing a competing product or service; or (ii) duplicating any ideas, features, functions, or graphics of the Services.

4.1.3 Subscription Explanation

Each account within our Service functions as a licensed workspace, referred to as a "Business," for billing purposes. The number of seats allocated for Trainers and Clients is determined by the subscription package selected. A Business is initially associated with an owner who is typically the first user of that Business. The owner has the ability to invite additional users to join as Trainers, subject to the availability of Trainer seats. Each user invited to the Business will be assigned account-level permissions determined by the owner. If necessary, Trainers or Clients can be deactivated to free up seats within the Business.
Kindly note that every account is assigned a predetermined limit for both Client and Trainer seats, determined by the selected subscription tier. Additionally, there are predefined limits for class, and membership usage based on the chosen subscription tier. It's crucial to understand that pricing and features could undergo future modifications at our discretion, and software updates might also impact the forthcoming Service provided. Please take note that upon reaching the usage limit for clients, classes, and memberships, you will need to select the ones you wish to retain or upgrade your plan to maintain access to the Service. Any unselected items will be permanently removed from the Service. In the event that you reach the predetermined limit for Trainer seats, any additional Trainers cannot be edited or granted Service access unless you remove the excess Trainers to bring the total within the designated usage limit.

4.1.4 Suspension and Termination

In exercising our discretion and without limiting any of our remedies, Cocast reserves the right to limit, suspend, or terminate the license granted to you and your use of the Services. Additionally, Cocast may prohibit access to our Platform, delete your user account, and/or user ID with immediate effect under the following circumstances:

Cocast will initiate the termination process by providing notice to you in the event of any of the above situations, except for the unpaid outstanding invoices circumstance. If you have any unpaid invoices, your access to our Platform will be terminated immediately without notice. Please note that Cocast retains the discretion to exercise these powers in order to maintain the quality and security of Cocast and protect the interests of its users.

In the event that your Services or Account is terminated or suspended, whether for any specific reason or without reason, you acknowledge and agree to the following:

4.2 Fees and Payments

By accessing and using the Services , you acknowledge and agree to the following terms regarding fees and payments:

4.3 Taxes & Third-Party Fees

As a user of the Services, you shall be responsible for any and all currency conversion charges as well as sales, service, value-added, use, excise, consumption and any other taxes, duties and charges of any kind, if any, imposed by any federal, provincial or local governmental entity on any Fees other than any taxes imposed on, or with respect to, our income.

Furthermore, you are liable for any third-party fees that may arise from your use of the Services, such as third-party payment processing fees.

In cases where Cocast is obligated to collect such taxes, the relevant tax amount will be added to your billing account accordingly.

Please be mindful of your obligations to pay taxes and any associated third-party fees when utilizing the Services provided by Cocast.

4.4 Pre-authorized Payment

When you provide Cocast with your credit card information for the purpose of setting up monthly or annual pre-authorized payments, you grant Cocast the authorization to charge your credit card for any outstanding Fees, taxes, charges, and account balances due under the Agreement. This authorization serves as Cocast's valid and sufficient authority to initiate such charges.

In the event that your pre-authorized payment fails, Cocast reserves the right to immediately deactivate your account without prior notice and may employ alternative collection methods to recover any outstanding Fees. It is important to note that you are solely responsible for all charges incurred under your account, whether they are made by you or by third parties.

By providing your credit card information to Cocast and agreeing to these Terms, you acknowledge and accept the responsibility for all transactions and charges associated with your Account.

IF YOU PROVIDE YOUR CREDIT CARD DETAILS THROUGH THE SERVICES OR OTHERWISE, YOU AGREE TO US AND OUR PAYMENT PROCESSING PROVIDER CHARGING THE FEES TO YOUR CREDIT CARD WITHOUT REQUIRING ANY FURTHER NOTICE TO, OR CONSENT FROM, YOU, AND YOU FURTHERMORE REPRESENT AND WARRANT THAT SUCH FEE PAYMENTS SHALL BE MADE WHEN DUE.

4.5 Errors and Rejection of Payment

In the event that you believe a payment has been processed in error, it is essential to notify Cocast in writing within thirty (30) days from the date of payment. Your written notice should clearly outline the nature of the error and the disputed amount. Failure to provide notice to Cocast within the specified thirty (30) day period will result in the payment being considered final and non-refundable.

In the event of a rejected payment, an email notification will be sent to designated users on the account. The Services provided under the subscription will be paused immediately and will not resume until payment is received. Additionally, the account holder will be responsible for reimbursing us for all expenses incurred in collecting any unpaid amount, including reasonable attorneys' fees as allowed by applicable law. Any amount not received by Cocast within thirty (30) days after the applicable due date will be deemed a material default under these Terms, and Cocast will be entitled to either suspend the Services or terminate the Agreement in accordance with the above.

4.6 Trial and Promotional Offers

If you have purchased or received a promotional offer or any other offer provided by Cocast for access to additional or specific features, there may be separate terms and conditions that accompany the promotion. By accessing the Services through such offers, you agree to comply with any additional terms and conditions that are presented to you.

You acknowledge and agree that Cocast reserves the right, at its sole discretion, to offer trial usage plans from time to time. In relation to these plans, you are required to adhere to any additional terms, restrictions, and/or limitations imposed by Cocast. Furthermore, Cocast retains the right to modify, amend, alter, or cancel any aspect of these trial plans at any time and for any reason, without incurring any liability to you or any other individual. This includes changes to the duration, access rights, fees, nature, scope, features, functionality, operation, and content associated with the trial usage plans.

4.7 Third-Party Payment Processors

Cocast utilizes payment processing services provided by Stripe and its affiliates, or other selected payment processing service providers (referred to as the "Payment Processing Service Provider"). By using our Services, you authorize us to share the necessary financial information, banking details, transaction information, and Account information with the Payment Processing Service Provider. This sharing of information is required to facilitate the payment processing features offered by our Services. Please note that we are not responsible or liable for the use or misuse of such financial information, banking details, transaction information, and account information by the Payment Processing Service Provider or any third party.

In the case of using Stripe specifically, please refer to https://stripe.com/legal for additional terms and conditions that govern your transactions. By utilizing Stripe, you agree to read and be bound by all the terms and conditions outlined therein. It is important to be aware that any information provided by you under this Payment Processing section is subject to the terms specified in our Privacy Policy.

Please review and familiarize yourself with the terms and conditions of the Payment Processing Service Provider before utilizing their services. If you have any concerns or inquiries regarding payment processing, we recommend reaching out to the respective service provider directly.

Cocast makes reasonable efforts to secure the transmission of your information to third parties responsible for assessing and processing payments. However, Cocast cannot be held responsible for any fees or charges imposed by third parties or for any payment processing errors made by third parties. This includes errors resulting from third-party negligence, incorrect transmission of payment information, your accidental submission of payment details, or the submission of incorrect payment information by you.

5. Intellectual Property Rights

5.1 Exclusive Ownership

Ownership of Content: You acknowledge and agree that all intellectual property rights arising from or related to the software are the exclusive property of Cocast and its licensors. The Service, including all its contents, features, and functionality, such as information, software, text, displays, images, video, audio, and their design and arrangement, is owned by Cocast, its licensors, or other providers of such material. These materials are protected by Hong Kong and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

User, Trainer, and partner supplied content: User, Trainer, and partner supplied content, along with their associated intellectual property rights, are owned by the respective creators. Cocast does not claim ownership or intellectual property rights over any User, Trainer, or partner supplied content. The responsibility, ownership, and liability for such content lie with the respective individuals or entities.

Restrictions: you must not:

  • Modify copies of any materials from the Site.
  • Use illustrations, photographs, video or audio sequences, or any graphics separately from accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices.
  • Access or use any part of the Service or materials for commercial purposes.

Unauthorized use of the materials constitutes a breach of these Terms and may violate copyright, trademark, and other laws. Cocast retains all rights, title, and interest in the Service and its content, except for the rights and licenses explicitly granted.

5.2 Trademarks

Cocast name, Cocast logo, and all associated names, logos, product and service names, designs, and slogans are trademarks owned by Cocast, its affiliates, or licensors. Unauthorized use of these trademarks is strictly prohibited. You must not use these marks without the prior written permission of Cocast. All other names, logos, product and service names, designs, and slogans appearing on this Site are the trademarks of their respective owners.

5.3 Prohibited Uses

By accessing and using our Services, you expressly agree and acknowledge that you are strictly prohibited from using the Services under the following circumstances:

  • Violation of Applicable Laws and Regulations: Use the Platform in any way that violates any applicable federal, state, local, or international law or regulation, including laws regarding data or software export.
  • Violation of Privacy Policy: Use the Platform in any way that violates our Privacy Policy.
  • Harm to Minors: Use the Platform to exploit, harm, or attempt to exploit or harm minors in any way, including exposing them to inappropriate content or requesting personally identifiable information.
  • Non-Compliance with Content Standards: Send, receive, upload, download, use, or re-use any material that does not comply with the Content Standards specified in these Terms.
  • Unauthorized Advertising or Solicitation: Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including junk mail, chain letters, spam, or any similar solicitation.
  • Impersonation: Impersonate or attempt to impersonate Cocast, a Cocast employee, another user, or any other person or entity.
  • Conduct that Restricts or Inhibits Use: Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or conduct that may harm Cocast or other users of the Platform, as determined by us.
  • Disruptive Actions: Use the Platform in a manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Platform, including real-time activities.
  • Unauthorized Access or Interference: Use any device, process, or means to access the Platform without authorization, or interfere with its proper functioning or the functioning of connected servers, computers, or databases.
  • Malicious or Harmful Activities: Introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
  • Unauthorized Interference or Attacks: Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, its servers, or connected systems, including denial-of-service attacks.
  • Interference with Proper Working: Attempt to interfere with the proper working of the Platform.
  • Use of Services for Illegal or Unauthorized Purposes: Use the Services for illegal purposes, intellectual property infringement, harassment, or any actions that cause interference with network operations or violate Cocast's network.
  • Misuse of Intellectual Property: Remove, modify, alter, or deface any trademarks, service marks, or intellectual property provided through the Services, except for the specific purpose for which they are made available.

Please be aware that these prohibited uses are not exhaustive, and engaging in any other activities that are deemed inappropriate, harmful, or contrary to the terms outlined in our Terms is strictly prohibited. Any violation of these prohibitions may result in the termination or suspension of your access to our Services, and may also subject you to legal consequences as determined by applicable laws and regulations.

6. User Contribution

You retain ownership of all information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials that you make available in connection with the Services ("User Contribution"), whether publicly posted, privately transmitted, or submitted through a third-party API.

However, all User Contributions must adhere to the Content Standards outlined in these Terms.

Except for personally identifiable information protected by our Privacy Policy or intellectual property owned by Trainers, any User Contribution you post on the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us, our affiliates, and service providers, as well as their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and disclose such material to third parties for any purpose.

6.1 Responsibility

By submitting User Contributions, you affirm and guarantee that:

You acknowledge and understand that you are solely responsible for any User Contributions you submit or contribute. You bear full responsibility, not Cocast, for the content's legality, reliability, accuracy, and appropriateness. We are not accountable or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Please note that Cocast does not proactively and routinely screen or monitor User Contributions posted to the Services by others. While we may, at our sole discretion, screen, monitor, refuse, or remove any User Contributions that violates the Terms or is objectionable, we do not guarantee the accuracy, integrity, or quality of User Contributions. You understand that using the Services exposes you to User Contribution that may be offensive, indecent, or objectionable. Cocast will not be liable for any User Contribution, including any errors or omissions, or any loss or damage incurred as a result of using any User Contribution made available on the Services. You assume all risks associated with the use of User Contribution, including reliance on its accuracy, completeness, or usefulness. Cocast does not endorse User Contribution posted on the Services.

6.2 Permission For Us to Use

Your User Contribution shared on the Service will be considered non-confidential and non-proprietary. We shall not be held liable for any use or disclosure of such content. Additionally, by utilizing the Service, you grant us permission to utilize your personally identifiable information in a de-identified form, in accordance with these Terms.

By using the Cocast platform, you grant us permission to utilize your profile name, profile photo, and information regarding your activities and actions, including your usage of third-party products, services, or devices, in advertisements, offers, and other commercial contexts without any compensation to you. User grants: (a) Cocast.fit a worldwide, non-exclusive, royalty-free, transferable license with a right to sub-license to use, reproduce, distribute, display and perform the User Contributions to the extent required for the provision of the Services; and (b) individuals with whom User Contributions are shared via the Services a personal, non-exclusive, royalty-free license to access the User Contributions and to use the User Contributions in accordance with the terms of this Term. The foregoing license terminates automatically when User Contributions are removed from the Services.

6.3 Content Standards

These content standards apply to all User Contributions and the use of Services. User Contributions must fully comply with applicable federal, state, local, and international laws and regulations. In addition, User Contributions must adhere to the following guidelines:

6.4 Rights and Actions

We reserve the following rights:

YOU WAIVE AND HOLD HARMLESS COCAST, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING FROM ACTIONS TAKEN BY ANY OF THE AFOREMENTIONED PARTIES DURING, OR AS A RESULT OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Please note that we are unable to review all material before it is posted on the Service and cannot guarantee the immediate removal of objectionable content once it has been posted. Therefore, we assume no liability for any actions or inactions concerning the transmission, communication, or content provided by users or third parties. We are not responsible or liable to anyone for the performance or nonperformance of the activities described in this section.

6.5 Feedback

If you provide Cocast with any suggestions, comments, or other feedback regarding the Services ("Feedback"), you acknowledge and agree to the following terms:

7. Privacy, Third-Party Contents and Technology

7.1 Privacy

We understand the significance of privacy and the confidentiality of personal data. We prioritize the protection of your data, including any personal information, by implementing appropriate administrative, technical, and physical security measures. We take these precautions to ensure the utmost security and safeguarding of your information.

Any such information will be handled in accordance with our Privacy Policy, which can be accessed through www.cocast.fit/privacy_policy. We encourage you to review our Privacy Policy to gain a comprehensive understanding of how we utilize and protect your personal data.

Cocast may refer to you in Cocast's customer list and may use your corporate name and logo for this purpose. For the avoidance of doubt, Cocast will not use your name, logo, any other trademark or trade-name of yours for any other purposes without your prior consent.

7.2 Content and Links of Third-Party Websites

Cocast's inclusion of links to external websites or locations on the Internet is at its sole discretion. Please be aware that the content of these third-party websites has not been reviewed by Cocast and is maintained by independent entities beyond our control. By choosing to use or follow these links, you acknowledge and agree that you assume all risks associated with such actions. Cocast cannot be held liable for any damage or loss you may experience as a result of accessing or using these third-party websites, including but not limited to damage to your computer system or loss of data caused by the use of documents or information found on these websites.

The inclusion of links to third-party websites on our Platform is provided solely for your convenience. It is important to understand that Cocast does not endorse, guarantee, warrant, or represent the quality or accuracy of the content, information, products, services, or other materials provided on these third-party websites. This disclaimer applies to links embedded in advertisements, including banner advertisements and sponsored links.

7.3 Third-Party Technology

Cocast may incorporate certain third-party software or technologies (referred to as "Third-Party Technology") in the provision of its Services. These Services may allow Users to interact with and utilize various Third-Party Technology, including but not limited to payment processing systems, online chat services, site translation services, accessibility overlay solutions, and any web services, websites, social media platforms, or online libraries that enable functionality within the Services' displayed webpages. Cocast is responsible for ensuring compatibility between its SaaS Services and the applicable Third-Party Technology used in conjunction with our Services.

However, it is important to note that Uikjsers bear full responsibility and liability for their access to or use of any Third-Party Technology, excluding the aforementioned responsibilities of Cocast related to enabling interoperability.

8. Legal Terms & Conditions

8.1 Disclaimer of Warranties

THE LICENSED MATERIALS AND ANY THIRD-PARTY SERVICES INCORPORATED IN OUR SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. COCAST DOES NOT MAKE ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, OR GIVE ANY CONDITIONS, OR MAKE ANY CLAIMS OR REPRESENTATIONS REGARDING THE PLATFORM, THE SERVICES, OR THE LICENSED MATERIALS. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, INTEGRITY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

COCAST, ALONG WITH OUR MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, VENDORS, CONTENT PROVIDERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, AND OTHER AFFILIATES (COLLECTIVELY "ASSOCIATED PARTIES"), DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE COCAST SERVICES, INCLUDING ANY THIRD-PARTY SERVICES, WILL BE FREE FROM INTERCEPTION, CORRUPTION, ERROR, DELAY, OR LOSS OF DATA OR TIMELY. ADDITIONALLY, COCAST AND ASSOCIATED PARTIES DO NOT WARRANT THAT DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER MAKING THE SERVICES AVAILABLE ARE FREE FROM HARMFUL COMPONENTS, INCLUDING VIRUSES. NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE COCAST SERVICES, INCLUDING PRICING, AVAILABILITY, GENERAL PRODUCT AND SERVICE DESCRIPTIONS, AND THE POSSIBILITY OF UNAUTHORIZED ALTERATIONS MADE BY THIRD PARTIES.

YOU ACKNOWLEDGE AND ACCEPT THAT YOUR ACCESS AND USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF COCAST OR ANY ASSOCIATED PARTIES, WHETHER MADE ON THE COCAST SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NEITHER COCAST NOR ASSOCIATED PARTIES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, TIMELINESS, USEFULNESS, ADEQUACY, SUITABILITY, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY OTHER SERVICES. FURTHERMORE, NEITHER COCAST NOR ASSOCIATED PARTIES REPRESENTS OR WARRANTS THAT OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

WE CANNOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR OUR WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO PROTECT AGAINST VIRUSES AND ENSURE THE ACCURACY OF DATA INPUT AND OUTPUT. ADDITIONALLY, IT IS YOUR RESPONSIBILITY TO MAINTAIN AN EXTERNAL MEANS FOR DATA RECONSTRUCTION IN CASE OF DATA LOSS. WE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF YOUR USE OF OUR WEBSITE OR SERVICES, OR BY DOWNLOADING ANY MATERIAL POSTED ON IT OR ON ANY LINKED WEBSITE.

THE FOREGOING DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8.2 Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COCAST NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS. THIS APPLIES WHETHER SUCH DAMAGES ARISE FROM THESE TERMS, THE SOFTWARE, OR ANY SERVICES PROVIDED TO YOU BY COCAST OR ITS AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS, AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, EQUITY, TORT, NEGLIGENCE, OR STRICT LIABILITY) OR FORESEEABILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COCAST AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO CCOAST IN THE LAST SIX MONTHS FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE OR $50, WHICHEVER IS GREATER.

THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES, AND CONDITIONS AND LIMITATION OF LIABILITY STATED HEREIN ARE ESSENTIAL PARTS OF THESE TERMS. YOU ACKNOWLEDGE THAT WITHOUT THESE DISCLAIMERS AND LIMITATIONS, COCAST OR ITS LICENSORS WOULD NOT GRANT THE RIGHTS GRANTED IN THESE TERMS. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO IMMEDIATELY CEASE USING SUCH SERVICES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS STATED HEREIN MAY NOT APPLY TO YOU.

8.3 Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COCAST, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTY SERVICES BEING A COMPONENT OF OUR SERVICES, YOUR USER CONTRIBUTIONS, ANY USE OF OUR SERVICE’S CONTENT, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM OUR SERVICE, YOUR VIOLATION OF ANY DATA PROTECTION OR PRIVACY LAWS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY.

8.4 Health Disclaimers

The information obtained from our Services should not be considered as medical advice or used for medical diagnosis or treatment. It should not be relied upon to suggest a course of treatment for any individual or for any purpose. The information provided on our Services is not comprehensive and does not cover all diseases, ailments, physical conditions, or their treatments. If you have any healthcare-related questions, including pre-existing conditions or injuries sustained during training, it is strongly recommended that you consult your physician or qualified healthcare provider promptly. Prior to starting any new treatment, diet, or fitness program, it is advisable to consult with your physician or qualified healthcare provider.

Cocast does not practice medicine directly or indirectly, nor does it provide medical services. It is not intended to be a substitute for the services of a physician, healthcare provider, or any trained healthcare professional. We do not provide, nor allow anyone associated with us to provide, medical advice of any kind. It is important to address and discuss these concerns with your physician, healthcare provider, family nutritionist, or registered dietitian.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COCAST IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE REGARDING YOUR HEALTH ARE YOUR EXCLUSIVE RESPONSIBILITY, IN CONSULTATION WITH YOUR PHYSICIAN. WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON OUR SERVICES, YOUR TRAINER, OR ANY INFORMATION RECEIVED FROM LINKS, SOCIAL MEDIA, OR ANY OTHER SOURCE.

8.5 Disclaimer of Third-Party Information

FORUM MANAGERS, FORUM HOSTS, CONTENT PROVIDERS, INFORMATION PROVIDERS, OR MERCHANTS APPEARING ON COCAST ARE NOT AUTHORIZED SPOKESPERSONS FOR COCAST, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF COCAST. COCAST DISCLAIMS ALL RESPONSIBILITY AND LIABILITY IN CONNECTION WITH SUCH VIEWS OR INFORMATION.

8.6 Your Submission

By submitting materials and other information (including ideas for new or improved products or services) to public areas of Cocast(such as forums, and chat rooms), you agree to grant Cocast a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform such materials and information in any media now known or developed in the future. You waive any moral rights in such materials and information, and you warrant that they are original or that you have the right to submit them. You agree that you have no recourse against Cocast for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

8.7 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

8.8 Waiver and Severability

No waiver by Cocast of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cocast to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

8.9 Interruption of Service

We maintain the right to make updates, modifications, suspensions, discontinuations, or closures, either temporarily or permanently, to the Services or any part thereof, at any time and with or without prior notice. Certain features or services provided through the Services may be discontinued without prior notification. You acknowledge that we shall not be held liable to you or any third party for any modifications, suspensions, or discontinuations of the Services.

In order to safeguard the integrity of the Services, we reserve the exclusive right, at our sole discretion, to restrict user access to the Services based on specific IP addresses. Please be aware that transactions conducted over the Internet may encounter interruptions, blackout periods, delays, or errors. Cocast assumes no responsibility for any loss of accuracy or timeliness of messages sent or transactions conducted through this Platform, arising from or in connection with communication facility malfunctions that are beyond the control of Cocast.

8.10 Governing Law and Jurisdiction

All matters relating to our Services and these Terms of Use, including any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be exclusively brought in the courts located in Hong Kong. However, we reserve the right to bring any such suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. By using the Platform, you waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

8.11 Dispute, Arbitration and Class Action Waiver

We encourage you to first contact us directly to seek a resolution to any dispute or concern relating to your use of our Services. You can reach us by email at [email protected]. We will make our best efforts to address and resolve the issue promptly.

Any dispute, controversy, or claim arising out of or relating to these Terms , including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration in accordance with the rules of the Hong Kong International Arbitration Centre (HKIAC). The arbitration shall be conducted by a single arbitrator appointed by the HKIAC, and the decision of the arbitrator shall be final and binding on both parties.

You and Cocast agree that any disputes or claims shall be brought in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator shall have no authority to consider or resolve any claims on a class-wide or representative basis. The parties further waive any right to participate in or seek relief through any class action or class arbitration.

Notwithstanding the above, either party may bring an individual action in small claims court or pursue enforcement actions through applicable regulatory agencies.

If you do not wish to be bound by the arbitration and class action waiver provisions in this section, you must notify us in writing within 30 days of accepting these Terms. Your written notification should be sent to by email at [email protected]. If you opt-out within the specified time frame, this opt-out provision will not affect any other terms of these Terms, and the dispute resolution provisions shall continue to apply.

To the extent that any dispute is not subject to arbitration under this section, you agree to submit to the exclusive jurisdiction and venue of the courts located in Hong Kong for the resolution of any legal action or proceeding.

Notwithstanding anything to the contrary in these Terms, either party may seek injunctive or other equitable relief from any court of competent jurisdiction.

8.12 Independent Contractors

These Terms does not create a partnership, franchise, joint venture or employment relationship between the parties.

9. Website Linking and Social Media Integration

You may link to our Site, provided that you do so in a way that is fair, legal, and does not damage or take advantage of our reputation. You must not establish a link in a manner that suggests any form of association, endorsement, or approval on our part without our express written consent.

The Site may provide certain social media features that enable you to link or share content from our Site through your social media accounts. You may use these features solely as they are provided and solely for lawful purposes. We may disable all or any social media features at any time without notice, and we have no obligation to maintain or provide any content or functionality related to these features.

If you choose to link to our Site or use our social media features, you do so at your own risk. We shall not be responsible for any loss or damage arising from your use of such links or features, or the content accessed through them.

Subject to the foregoing, you are required to adhere to the following guidelines:

We reserve the right to withdraw linking permission without notice. If you wish to link to our Site or use our social media features in a manner not covered by these terms, please contact us for prior written consent.

10. Service Support and Maintenance

Customer Support: Cocast is committed to providing support for the Services and will make reasonable efforts to ensure their availability during the specified hours as mentioned on https://www.cocast.fit. However, there may be instances of planned downtime or unavailability beyond Cocast's control, such as acts of nature, government actions, unforeseen events, or technical issues with Internet service providers.

Maintenance Services: Cocast periodically upgrades the Licensed Materials, including software, to introduce new features, enhancements, bug fixes, and error corrections in subsequent releases. The hosting of the Services is outsourced to a reliable third-party provider on behalf of Cocast.

Contact Methods: You can reach out to Cocast through the contact details provided on the support page at https://www.cocast.fit or by sending an email to [email protected].

Named Contacts: When purchasing certain Services, such as support, it is necessary to provide Cocast with the name and contact information of designated individual(s) who will be authorized users for the purchased service. These named contacts may be updated as needed but must hold decision-making authority on behalf of your company or organization.

Notice: Any notices to be sent to you will be sent by Cocast via email. Notice shall be considered delivered and effective on the earlier of actual receipt or when: on the same day, if sent by electronic mail during normal business hours and on the next business day, if sent by electronic mail after normal business hours.

11. Changes to Software, Services and Agreement

Agreement Updates: Cocast retains the right to revise these Terms at any time by posting the updated Terms on our Platform. It is important to regularly review these Terms for any changes. Your continued use of the Services implies your acceptance and adherence to the revised Terms. The latest version of these Terms can be found at www.cocast.fit/terms_of_use. If any future modifications are unacceptable to you or result in non-compliance with these Terms, you must terminate your use of the Services immediately.

Modifications to Licensed Materials: Cocast may occasionally modify, update, or enhance the Licensed Materials. The Services will be provided based on the current versions of the technology offered by Cocast.

Changes to Fees and Services: Cocast reserves the right to modify the Services, including any Fees, charges (including one-time charges), and other aspects related to the Services, with reasonable notice provided via email to the address associated with your account, an invoice message, written communication, or any other means likely to reach your attention. If you do not agree to the proposed changes, your only option is to terminate the Services. Your continued access and use of the Services after the changes take effect indicate your acceptance of the modifications. You acknowledge and agree that (i) your acceptance of the changes will be presumed without the need for additional written agreement or explicit acknowledgement, and (ii) you will remain responsible for payment unless you terminate the Services and cease using them immediately.

12. Reliance on Information Posted

The information presented on or through the Cocast Platform is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility for any reliance placed on such materials by you or any other user of the platform, or by anyone who may be informed of its contents.

The Platform may include content provided by third parties, including materials from other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. Any statements or opinions expressed in these materials, as well as any articles, responses to questions, and other content provided by individuals or entities other than Cocast, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Cocast. We are not responsible or liable for the content or accuracy of any materials provided by third parties.

13. General Terms

13.1 Online Purchases

All purchases through our Site or other transactions through our Site, or resulting from visits made by you, are governed by these Terms.

13.2 Geographic Restrictions

Cocast does not guarantee that the Platform or its content is accessible or suitable outside of the Hong Kong. The access to the Platform may not be legal for certain individuals or in certain countries. If you choose to access Cocast from outside the Hong Kong, you do so at your own initiative and are responsible for complying with local laws, including, but not limited to, laws related to data protection and personal information.

13.3 Headings

Headings used in these Terms are provided for convenience only and shall not be used to construe meaning or intent.

13.4 Conflict of Terms

In the event of any conflict or inconsistency between these Terms and any other specific terms and conditions, policies, or notices pertaining to a particular section or feature of the Services, the latter shall prevail solely for your use of that specific section or feature. These Terms shall govern all other aspects of your use of the Services.

13.5 Assignment

Neither party may assign these Terms, in whole or in part, to another entity without the prior written consent of the other party. However, such consent shall not be unreasonably withheld, conditioned, or delayed. Nevertheless, either party may assign these Terms to a successor in interest in the event of a merger, acquisition, reorganization, change of control, or sale of all or substantially all of its assets, without requiring the consent of the other party.

13.6 Consent to Electronic Communication and Waiver of Non-Electronic Requirements

By using our Services, you consent to the use of electronic communication for entering into Agreements and placing Orders. Additionally, you waive any rights or requirements under any laws or regulations in any jurisdiction that necessitate non-electronic signatures, delivery, or retention of non-electronic records, to the extent permitted by applicable law.

13.7 Entire Agreement

These Terms, along with each fully executed Order and any other Cocast-written policies, constitute the contract between Cocast and you. These Terms, including all Orders, exhibits, schedules, attachments, and referenced material, encompass the entire agreement between the parties regarding the granted rights and assumed obligations in the Agreement. The Agreement represents the comprehensive and definitive agreement between the parties, superseding and replacing all prior oral or written agreements, understandings, or commitments between them.

14. Contact Us

If you have any questions or need technical support, you can contact us:

By email: [email protected]

By phone: +1 470-265-2059

Via our Site: www.cocast.fit