This document, "Money-back Guarantee" (hereinafter "Guarantee"), is a voluntary commercial guarantee provided by the Company to Clients in accordance with the terms and conditions of this document and the Terms of Use of the APS Platform (https://anatolyfit.com/) (hereinafter "Terms of Use").
The Guarantee is an inseparable part of the Terms of Use and applies only to Clients who have purchased an annual subscription to use the Platform and/or are participating in the Challenge.
For the avoidance of doubt, the annual subscription and the Challenge are supplied by the Company as a single online service package. Depending on the service purchased by the Client, such package may include access to the Platform, digital training and nutrition materials, tracking functionality, service communications, and remote online support and feedback provided electronically through the Platform, email, Telegram or other online communication channels designated by the Company.
Remote online support and feedback form an integral part of the relevant online service package and are included in the relevant subscription fee or Challenge participation fee. Unless expressly stated otherwise at the time of purchase, remote online support and feedback are not supplied as a separate service and are not charged separately.
The provision of this Guarantee is not a legal obligation of the Company and does not replace or limit any mandatory consumer rights provided by applicable European Union, United States, or other applicable jurisdiction law.
The Guarantee is not a medical, healthcare, or therapeutic guarantee.
The Company does not guarantee that the Client will achieve any specific physiological results, including, but not limited to, changes in body weight, body size, body composition, or other physical characteristics.
The Company does not make any commitments regarding the achievement of the individual goal set by the Client by using the Platform and/or participating in the Challenge, and is not responsible for their achievement or non-achievement.
The Guarantee provides for the possibility of a refund in the cases and under the conditions specified in this document, providing that the Client complies with all the requirements set forth in this Guarantee and the Terms of Use.
The Guarantee applies strictly within the terms and conditions set in this document and is not applied to any extended interpretation.
In this document, the following terms are used with the following meanings:
Company — ANATOLY FZCO, a company registered under the laws of the United Arab Emirates, with its registered address at Dubai Silicon Oasis, DDP, Building A1, Dubai, United Arab Emirates, and license number: 33037.
Platform — the Company's online platform APS, through which the Client is provided with access to digital content, training and nutrition materials, tracking functionality, service communications, remote online support and feedback, and other online services included in the relevant service package.
Client — an individual who has accepted the Terms of Use and purchased an annual subscription to use the Platform or is participating in the Challenge.
Annual subscription — a paid online service package provided to the Client for a period of twelve (12) months from the moment of activation, which includes access to the Platform and the services available under the selected subscription, including remote online support and service communications, in accordance with the Terms of Use.
Money-back Guarantee (Guarantee) — a voluntary commercial guarantee from the Company that provides for the possibility of a refund for the annual online service package and/or participation in the Challenge, provided that the Client has fulfilled the requirements of this document and the Terms of Use, in the case of the Client's personal assessment that their individual goal has not been achieved.
Challenge — a time-limited online service package provided by the Company, which includes access to the Platform, digital training and nutrition materials, tracking functionality, service communications, access to the Telegram messenger channel or another online communication channel designated by the Company, and remote online support and feedback. A detailed description of the services included in the Challenge is set forth in the Terms of Use of the APS Platform.
Remote Online Support — remote support, guidance, feedback, explanations, organizational assistance and service-related communications provided by the Company and/or its representatives electronically through the Platform, email, Telegram, online chat or other online communication channels designated by the Company. Remote Online Support is provided for informational, educational, motivational and service-support purposes only and does not constitute medical advice, treatment, diagnosis, medical supervision, physiotherapy, rehabilitation or emergency assistance.
Client's individual goal — a goal set by the Client independently and at their own discretion in the sections of the Platform specifically provided for this purpose, which is informational and indicative in nature and is used solely for the Client's self-assessment of progress in using the Platform.
Guaranteed result — the result in the interpretation of this Guarantee, which consists of providing the Client with the opportunity for systematic, structured, and continuous use of the Platform, as well as applying a refund mechanism under the conditions specified in this document, in the event that the Client fails to achieve an individual goal, rather than achieving any specific physiological or quantitative indicators.
Personal assessment of the result — the Client's personal assessment of whether or not an individual goal has been achieved, which is carried out by the Client independently and taken into account by the Company only if the Client has fulfilled all the conditions set forth in this Guarantee.
Platform Data — technical and analytical data automatically collected by the Platform during the Client's use of the Platform, including, but not limited to, information about the frequency and regularity of workouts, use of functionality, opening of plans, tracking activity, interaction with service communications and other activity indicators.
Support Data — technical and operational data related to the provision of Remote Online Support, including, where available, information about access to the relevant online communication channel, dates and channels of support requests, service communications, feedback provided by the Company, and support status. Support Data does not include photos, videos or other sensitive personal data unless such data is voluntarily provided by the Client and is objectively necessary for the review of the Guarantee Application.
Session — a separate completed period of interaction between the Client and the Platform within the scope of using its functionality, which is recorded by the Platform as a unit of Client activity in accordance with the settings and functionality of the Platform.
Request for the application of the Guarantee — the Client's request to the Company in the form and manner specified in this Guarantee, with notification of the failure to achieve the individual goal and consent to verify Platform Data and Support Data.
2.1. Under this Guarantee, the Company provides the Client with a voluntary commercial guarantee, which consists of the possibility of refunding the funds paid for an annual subscription and/or for participation in the Challenge if the Client fails to achieve their individual goal, provided that the Client complies with all the requirements set forth in this Guarantee and the Terms of Use.
2.2. The Company does not guarantee that the Client will achieve any specific physiological, quantitative, or objectively measurable results, including, but not limited to, changes in body weight, body volume, body composition, or other physical indicators.
2.3. The Company does not guarantee the achievement of the Client's Individual Goal and does not undertake any obligation to ensure that the services provided meet the Client's expectations or desired results.
2.4. The guaranteed result under this Guarantee consists of:
For the avoidance of doubt, the guaranteed result does not mean and shall not be interpreted as a guarantee of any physiological, quantitative, medical, aesthetic, fitness or health-related result.
2.5. The fact that the Individual Goal has not been achieved is determined based on the Client's subjective assessment of the result and is taken into account by the Company only after verifying that the Client has fulfilled the conditions specified in Section 4 of this Guarantee.
2.6. The provision of this Guarantee does not signify and cannot be interpreted as a promise, assurance, or confirmation on the part of the Company regarding the achievement of any results by the Client, including results related to health or physical changes.
3.1. The Client has the right to freely define and specify their Client's Individual Goal during the use of the Platform and/or during participation in the Challenge in sections specifically designated for this purpose.
3.2. The Client's individual goal:
3.3. The Company:
3.4. Specifying, changing, or updating the Client's Individual Goal on the Platform does not create any additional obligations for the Company and cannot be interpreted as confirmation, agreement, or acceptance of the relevant goal by the Company.
3.5. The Client's individual goal is not used by the Company as an objective or measurable criterion for the effectiveness of services provided through the Platform and is not a basis for the automatic application of the Guarantee.
3.6. The Client's individual goal is taken into account exclusively in the context of the Client's personal assessment of the result, provided that the Client fulfills all the requirements set out in this Guarantee.
To rely on the Guarantee, the Client must have defined an Individual Goal in the relevant section of the Platform no later than fourteen (14) calendar days after the activation of the annual subscription or the start of the Challenge, unless another period is expressly specified by the Company.
If the Client did not define an Individual Goal within the above period, the Guarantee may apply only if the Company has sufficient Platform Data to determine that the Client used the Platform in accordance with the activity requirements set out in this Guarantee.
4.1. The Client has the right to use the Guarantee only if the requirements listed below for specific types of services are met:
4.1.1. If the Client has registered and purchased an annual subscription to use the Platform in accordance with the Terms of Use
4.1.2. If the Client participates in the Challenge.
The Client's failure to submit support requests shall not, by itself, constitute a ground for refusing to apply the Guarantee, provided that the Client has otherwise complied with the requirements of this Guarantee. However, the Company may take into account Platform Data and Support Data to verify whether the relevant online service package, including Remote Online Support and service communications, was made available to the Client and whether the Client complied with the applicable terms.
4.2. The fulfillment of the terms and conditions specified in clause 4.1 of this section is a required prerequisite for the application of the Guarantee and for the consideration of the Client's Personal Assessment of the Result.
4.3. In case of breach of at least one of the conditions specified in clause 4.1 of this section, the Guarantee shall not apply, regardless of the content of the Client's Individual Goal or Client's Personal Assessment of the Result.
5.1. Verification of the Client's compliance with the terms and conditions set out in Section 4 of this Guarantee shall be carried out by the Company on the basis of Platform Data, Support Data and other information available to the Company within the scope of its contractual relationship with the Client, to the extent such data is necessary for reviewing the Guarantee Application.
5.2. The Platform Data is used by the Company to confirm, in particular, but not limited to, the following circumstances:
5.3. If the Client confirms that they have fulfilled all the requirements set out in Section 4 of this Guarantee, the Company shall consider the Client's personal assessment of the result as grounds for applying the Guarantee.
5.4. The Client shall make a personal assessment of the result by submitting a Guarantee Application, stating that the Individual Goal has not been achieved.
5.5. The Company does not evaluate the content of the Individual Goal, does not verify the fact of its objective achievement or non-achievement, and does not require the Client to provide any evidence of physiological, quantitative, or other results.
5.6. The provision by the Client of photos, videos, or other materials containing images of the Client's body or other highly sensitive personal data is not a necessary condition for the application of the Guarantee and may be carried out only on a voluntary basis at the Client's initiative.
5.7. The Client's refusal to provide photos, videos, or other materials specified in clause 5.6 of this section cannot be considered as reason to refuse to apply the Guarantee, provided that the Client has fulfilled all the requirements of this Guarantee.
5.8. If, according to the results of the Platform Data and Support Data check, it is established that the Client has failed to comply with at least one of the conditions set in Section 4 of this Guarantee, the Company shall have the right to refuse to apply the Guarantee regardless of the Client's subjective assessment of the result.
If Platform Data or Support Data is unavailable, incomplete or materially inaccurate due to a technical failure attributable to the Company, the Company shall review the Guarantee Application reasonably and in good faith on the basis of other information available to the Company.
Nothing in this Guarantee prevents the Company from taking into account additional evidence where required by mandatory applicable law or where the Company reasonably determines that such evidence is necessary to correct a technical error in Platform Data or Support Data.
6.1. To apply for the Guarantee, the Client must submit an Application for the Guarantee in accordance with the procedure and within the terms specified in this section.
6.2. The application for the Guarantee shall be submitted by the Client no later than seven (7) calendar days from the date of expiration of the annual subscription or from the end date of the Challenge (depending on the service purchased by the Client).
6.3. The application shall be submitted in one of the following ways specified by the Company:
6.4. The application for the Guarantee must contain:
The Company may request additional data, but in any case only that which is objectively necessary to identify the Client and make a refund.
6.5. Submitting an Application for the Guarantee means that the Client confirms that:
6.6. The Company shall consider the Application for the Guarantee within thirty (30) business days from the date of receiving it, unless another period is provided for by applicable law.
6.7. During the processing of the Application, the Company shall have the right to verify the Client's compliance with the terms and conditions set in this Guarantee on the basis of Platform Data, Support Data and other information available to the Company within the scope of its contractual relationship with the Client, to the extent necessary for reviewing the Guarantee Application.
6.8. Based on the results of the Application review, the Company shall notify the Client of its decision by sending a message to the contact details provided by the Client when using the Platform or in the Application.
6.9. If the Client misses the deadline for submitting the Application specified in clause 6.2 of this section, the right to apply the Guarantee shall be lost, unless otherwise provided by mandatory provisions of applicable law.
7.1. If the Company decides to apply the Guarantee in accordance with the terms of this document, the Company shall refund the full amount paid by the Client for the annual subscription or for participation in the Challenge (at the date of such payment).
The refund, if granted, applies to the amount paid for the relevant online service package as a whole. The Company does not allocate a separate value to Remote Online Support, feedback, Platform access, digital materials, tracking functionality or service communications for the purposes of this Guarantee, unless required by applicable law.
7.2. Refunds are made in the same payment form that was used by the Client when purchasing the Company's services, or to the Client's personal bank details specified in the Application.
7.3. Refunds shall be made no later than fourteen (14) calendar days from the date of the Company's decision to apply the Guarantee.
7.4. The guarantee applies once (1) per Client and is not reusable.
7.5. Once the refund has been made, the Client's access to the Platform and any related services shall be terminated, unless otherwise specifically provided by the Company.
7.6. After the refund has been made, the Company is not obligated to provide the Client with any additional services, access, or compensation, except as expressly provided for in this Guarantee.
7.7. Unless otherwise required by mandatory applicable law, the Company is not responsible for commissions, fees, currency conversion costs or other charges imposed by banks, payment systems or other third parties in connection with the original payment or the refund, to the extent such amounts were not actually received or retained by the Company.
Where required by applicable tax law, the Company may issue a tax credit note or otherwise adjust the tax treatment of the original supply in connection with the refund.
8.1. The Company has the right to refuse to apply the Guarantee if any of the following circumstances are established:
8.1.1. The Client has failed to fulfill at least one of the conditions specified in Section 4.1.1 or 4.1.2 of this Guarantee, depending on the type of services purchased, specifically regarding the duration of Platform use, activity level, number of Sessions, or use of the Platform's functionality.
8.1.2. The Client has purchased an annual subscription and used the Platform for a term shorter than the minimum period specified in this Guarantee.
8.1.3. The Platform Data shows complete or significant inactivity on the part of the Client during the term of the annual subscription or during the term of the Challenge.
8.1.4. The Client has violated the Terms of Use, this Guarantee, or other applicable terms and conditions of agreements concluded between the Client and the Company in connection with the use of the Platform.
8.1.5. The Client has failed to submit the Application for the Guarantee within the time limit specified in Section 6 of this Guarantee.
8.1.6. The Client has provided incorrect, incomplete, or misleading information in the Application for the Guarantee or in other communications with the Company that are relevant to the consideration of the Guarantee.
8.1.7. It has been found that there are signs of improper use of the right to apply the Guarantee, including attempts to manipulate the Platform Data or unfair use of the refund mechanism.
8.2. Refusal to apply the Guarantee shall be made only on the grounds specified in this section and cannot be based on the content of the Client's Individual Goal or Client's Personal Assessment of the Result, provided that the Client has fulfilled all the requirements of this Guarantee.
8.3. The decision to refuse to apply the Guarantee shall be communicated to the Client in accordance with the procedure set forth in Section 6 of this Guarantee.
9.1. The Guarantee is a voluntary commercial guarantee and cannot be interpreted as a promise or assurance that the Client will achieve any specific results, including physiological, quantitative, or health-related results.
9.2. The results of using the Platform are individual and depend on many factors beyond the Company's control. The Company is not responsible for the Client's achievement or failure to achieve an Individual Goal.
Remote Online Support, feedback, explanations and service communications are provided for informational, educational, motivational and service-support purposes only. They do not constitute medical advice, diagnosis, treatment, medical supervision, physiotherapy, rehabilitation, professional healthcare services or emergency assistance.
9.3. The Company does not evaluate the content of the Client's Individual Goal, does not verify its achievability, and does not confirm the fact of its achievement or non-achievement.
9.4. The Company shall not be liable for any circumstances arising from the actions or inaction of the Client, third parties, or factors not directly related to the functioning of the Platform.
9.5. The Company's liability under this Guarantee is limited only to the obligation to refund the money in the manner and on the terms expressly provided for in this Guarantee, subject to its application.
9.6. The company shall not be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, loss of anticipated profits, loss of data, or other intangible losses, to the extent permitted by applicable law.
9.7. Nothing in this document limits or excludes the Company's liability in cases where such limitation or exclusion is prohibited by binding provisions of applicable law.
9.8. This Guarantee is not an advertising promise of results and cannot be used to create expectations of achieving specific physical or other results.
10.1. This Guarantee is an integral part of the Terms of Use of the Platform and applies in accordance with its provisions.
10.2. In the case of any differences or contradictions between the provisions of this Guarantee and the provisions of the Terms of Use, the provisions of the Terms of Use shall apply, unless otherwise expressly provided by binding provisions of applicable law.
10.3. The provisions of this Guarantee shall not be construed as limiting, excluding, or modifying the mandatory rights of the consumer under applicable law.
10.4. The application of this Guarantee does not affect the other rights and obligations of the Parties arising from the Terms of Use, unless otherwise expressly provided for in the provisions of this Guarantee.
Online support and technical support: support@anatolyfit.com; online training support: training@anatolyfit.com