These Terms of Service ("Terms") govern your access to and use of the 5X Performance Lifestyle™ web application, mobile applications, coaching services, and any related content (the "Service") provided by 5X Fitness Lounge Wellness Spa LLC, a Florida limited liability company ("5X", "we", "our", "us"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old and legally able to enter into a binding contract to use the Service. You represent that the information you provide during signup is accurate and that you will keep it current.
The Service provides fitness, performance, and lifestyle coaching content and tools. It is not medical, mental health, nutritional, financial, or legal advice. The lesson content, daily tracker, weekly check-in, and any communications with coaches are for informational and motivational purposes only. Consult a licensed physician before beginning any new exercise, nutrition, or supplementation program. If you experience pain, dizziness, or any unusual symptoms, stop immediately and seek medical attention. You participate at your own risk.
You agree not to:
You retain ownership of any photos, text, or other content you submit to the Service ("User Content"). You grant 5X a worldwide, royalty-free, non-exclusive license to host, store, display, and process your User Content solely to provide the Service to you and your assigned coach. You represent that you have the right to submit any User Content you upload.
The Service, including all lesson videos, tracker methodologies, written copy, branding, and software, is owned by 5X or our licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes for the duration of your active subscription.
You may terminate your account at any time by deleting it in-app (Profile → Delete Account) or by emailing us. We may suspend or terminate your account, with or without notice, if you breach these Terms, abuse the Service, or pose a risk to us or other users. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive (Disclaimers, Limitation of Liability, Indemnity, Governing Law) will survive termination.
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including any warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted or error-free. To the maximum extent permitted by law, we disclaim all such warranties.
To the maximum extent permitted by law, in no event will 5X, its officers, members, employees, contractors, or coaches be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of (or inability to use) the Service. Our total cumulative liability to you for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid 5X in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above may not apply to you.
You agree to indemnify, defend, and hold harmless 5X and its affiliates from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your User Content, (c) your breach of these Terms, or (d) your violation of any law or third-party right.
These Terms are governed by the laws of the State of Florida, USA (Palm Beach County), without regard to its conflict-of-laws provisions. Any dispute arising out of or relating to the Service or these Terms will be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction of those courts. You and 5X waive any right to a jury trial. To the extent permitted by law, you waive any right to participate in a class action against 5X.
We may update these Terms from time to time. Material changes will be communicated by email or in-app notice. Your continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms.
5X Fitness Lounge Wellness Spa LLC
Boca Raton, Florida, USA
info@5xfitnesslounge.com