This document establishes the general terms and conditions under which the services offered by TAAVALE, S. de R.L. de C.V. (hereinafter referred to as “NowMeApp,” “We,” “Our,” or “The Company”) are provided. These terms govern the relationship between you and NowMeApp, headquartered in Mexico City, regarding the use of the Company’s mobile application, website, or any of our services (hereinafter referred to as the “Website,” “App,” or “Service”), including but not limited to graphics, videos, music, software, and other content available through the Service (the “Content”).
Accessing and using the Service constitutes your agreement to be bound by and accept these Terms, which establish a contract between you (the “User”) and the Company. For this reason, please read the Terms carefully before using the Service. If you do not agree to each and every one of the terms stated herein, you must completely refrain from using the Service, as it is governed by these Terms.
Any translation into English or any other language is provided for convenience only. In the event of any discrepancy or controversy arising from the interpretation of the Spanish version and the English or any other translation, the Spanish version shall prevail. The original text is in Spanish and is the version that generates contractual obligations between the User and NowMeApp.
The Company is committed to keeping the Terms and Conditions up to date. The version available on our website will apply to you and may be modified without prior notice. It is the user’s responsibility to periodically review the Terms to stay informed of any updates. If the User continues to use the Service after updated Terms are published, such continued use will constitute acceptance of the updated Terms.
Definitions
1.1. “NowMeApp", "We", "Our", or "The Company" Refers to the entity that provides legal and operational services directly or through third parties aimed at assisting users in achieving general health and fitness goals.
1.2. The User: Refers to the individual who contracts services through the application intended to help achieve general health and fitness goals.
1.3. The Service or Services: Refers to the tools contained within the application that assist users in achieving general health and fitness goals.
1.4. The Application: Refers to the software program designed to provide the Services, known as “NowMeApp.”
1.5. The Agreement: Refers to the present Terms together with the purchase of services as established herein.
Legal Capacity
2.1 The User declares that they are of legal age, have the legal capacity to enter into a contract, and are acting on their own behalf.
2.2 The User confirms that they are not a minor in their jurisdiction of residence, or if they are a minor, they have received permission from their parents or legal guardians to use the Service.
User Obligation
3.1. You will not access the Service through automated or non-human means, including through bots, scripts, or other methods.
3.2. You will not use the Service for any illegal or unauthorized purpose.
3.3. You are not located in a country subject to a U.S. government embargo, nor in a country designated by the U.S. government as a “terrorism-supporting” country.
3.4. You are not listed on any U.S. government list of prohibited or restricted persons or entities.
3.5. Your use of the Service will not violate any applicable law or regulation.
3.6. You own all rights, including intellectual property rights, to your User Content, and your User Content does not infringe the intellectual property rights, privacy rights, or other legal rights of third parties.
3.7. If you provide false, inaccurate, outdated, or incomplete information, we reserve the right to deny any current or future use of the Service (or any part of it).
3.8. You may not access or use the Service for any purpose other than the one we make available. The Service may not be used in connection with any commercial endeavor unless specifically endorsed or approved by us.
3.9. As a user of the Service, you agree not to:
3.9.1. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
3.9.2. Make any unauthorized use of the Service.
3.9.3. Modify, adapt, enhance, translate, or create derivative works based on the Service.
3.9.4. Use the Service for any revenue-generating activity, commercial enterprise, or other purpose for which it is not designed or intended.
3.9.5. Make the Service available through a network or other environment that allows access or use by multiple devices or users at the same time.
3.9.6. Use the Service to create a product, service, or software that is directly or indirectly competitive with the Service or that replaces it in any way.
3.9.7. Use any proprietary information, interfaces, or other intellectual property belonging to us in the design, development, manufacture, licensing, or distribution of any application, accessory, or device for use with the Service.
3.9.8. Circumvent, disable, or otherwise interfere with security-related features of the Service.
3.9.9. Engage in unauthorized framing or linking to the Service.
3.9.10. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
3.9.11. Decrypt, decompile, disassemble, or reverse engineer any software that comprises or forms part of the Service.
3.9.12. Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
3.9.13. Upload or distribute in any way files containing viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer.
3.9.14. Use, launch, develop, or distribute any automated system, including but not limited to spiders, robots, cheat utilities, scrapers, or offline readers that access the Service, or use or launch any unauthorized scripts or other software.
3.9.15. Use the Service to send automated queries to any website or to send any unsolicited commercial email.
3.9.16. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
3.9.17. Use the Service in a manner inconsistent with any applicable laws or regulations.
3.9.18. Violate these Terms.
Service
4.1. The Client may choose one or more of the Services, which are described and quoted within the Application.
4.2. The conditions and specifications regarding such Services shall be governed in accordance with the Purchase Order and what is specified in the Application, in that order of priority.
4.3. If you use the Service, you represent and warrant to the Company that:
(i) all required information you submit is truthful and accurate;
(ii) your use of the Service does not violate any applicable law, regulation, or these Terms.
Otherwise, the Service may not function properly and we may not be able to communicate important notices to you.
4.4. The Service is not intended to be used by individuals under 18 years of age. By using the Service, you represent and warrant to the Company that you meet this requirement. All users who are minors in their jurisdiction of residence (generally under 18 years of age) must have permission and be directly supervised by their parents or legal guardians to use the Service. If you are a minor, your parents or legal guardians must read and accept these Terms before you use the Service.
4.5. The Company reserves the right to suspend or cancel your use of the Service, or your access to the Service, with or without prior notice, if you breach these Terms.
4.6. By using the Service, you agree to receive certain communications, such as updates about the Service or periodic newsletters from the Company. You may opt out of non-essential communications by unsubscribing from email notifications.
4.7. The Service may be modified, updated, interrupted, or suspended at any time without prior notice and without liability to you.
Responsibility of NowMeApp
5.1. The Services will be provided by NowMeApp under the highest quality standards.
5.2. The Company does not offer or provide any type of medical advice, health insurance, or other healthcare services, including but not limited to advice, testing, evaluation, prescription, procedures, or therapy related to exercise, nutrition, weight loss, or wellness, or related to avoiding, preventing, diagnosing, or treating any injury, illness, or condition (collectively, “healthcare services”).
5.3. The Service may not be appropriate for all individuals and does not replace professional medical services. The Service is designed solely as a tool that may assist you in achieving general health and fitness goals. You acknowledge that exercise activities involve risks, including bodily injury or death, and you assume those risks before accessing or using the Service. You agree to release NowMeApp from any claims, known or unknown, arising from your use of the Service.
5.4. You should consult with your physician or another qualified healthcare professional to determine whether the Service would be safe and effective for you. The User is expressly prohibited from accessing or using the Service against medical advice or if doing so could pose any health risk. In this context, the User acknowledges that they assume full responsibility for their health, life, and well-being, as well as the health, life, and well-being of their family and children (born and unborn, as applicable), and for all decisions made now or in the future.
5.5. To the maximum extent permitted by applicable law, you expressly agree that we do not provide medical advice through the Services. All content provided through the Services—whether provided by us or by third parties (even if they claim to be a doctor)—is not intended to replace:
(i) advice from your physician or other professionals;
(ii) a visit, call, or consultation with your physician or other medical professionals; or
(iii) information contained on the packaging or label of any product.
We are not responsible for any health issues that may arise from training programs, consultations, products, or events you learn about through the Service. If you have any health-related questions, contact your physician or healthcare provider immediately. In case of emergency, contact your physician or local emergency services immediately.
5.6. Your use of the Service does not constitute or create a doctor-patient, therapist-patient, or any other healthcare professional relationship between you and the Company.
5.7. NowMeApp assumes no responsibility for inaccuracies or misstatements regarding food recipes, exercises, or other content within the Services. Before using or consuming any product, you should carefully review all information provided by the manufacturers, whether online or on the product packaging and labels, including nutritional content, ingredients, contact information, food allergens, and health claims. For additional information about a food product, contact the manufacturer directly.
5.8. We do not guarantee any specific level of success you may achieve, and you accept that results may vary for each individual. Testimonials and examples presented within the Service represent exceptional results and are not typical. They are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no guarantee that past fitness results can be replicated in the future. We cannot guarantee your future results or success, nor can we guarantee that you will maintain any results achieved if you do not continue following our programs. Success in health, fitness, and nutrition depends on individual background, dedication, motivation, and many other factors, including personal ability, life experience, genetic and health profile, starting point, experience, and commitment level. Use of the Service should be based on your own due diligence, and you agree that the Company is not responsible for any success or failure of your physical results directly or indirectly related to the purchase or use of the Service.
5.9. In addition to all other limitations and disclaimers of liability in these Terms, the Company disclaims any responsibility or loss related to content provided through the Service. You are encouraged to consult with your physician and other relevant professionals regarding the information contained in or accessed through the Service.
App Stores And User Contents
6.1. You acknowledge and agree that the availability of our applications depends on the third party from which you received the application, for example Apple App Store and/or other application stores (collectively, the “App Stores” and each, an “App Store”).
6.2. You agree to pay all fees charged by the App Stores and by us in connection with the application. You agree to comply with, and your license to use the application is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce these Terms.
6.3. You acknowledge that all text, images, trademarks, logos, compilations (that is, the collection, arrangement, and assembly of information), data, other content, software, and materials displayed on the Service or used by the Company to operate the Service (excluding any User Content, as defined below) are our property or the property of third parties.
6.4. The Company expressly reserves all rights, including all intellectual property rights, in the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of such content is strictly prohibited. The provision of the Service does not transfer to you or to any third party any right, title, or interest in such intellectual property rights.
6.5. The information you submit to us, and any data, text, or other material you may submit or post to the Service (“User Content”), remains your intellectual property, and the Company does not claim any ownership of copyright or other proprietary rights in such information or User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all information and User Content and may use such information and User Content as reasonably necessary or incidental to the operation of the Service and as described in these Terms and the Privacy Notice.
6.6. You grant the Company a non-exclusive, worldwide, transferable, perpetual, and irrevocable right to publish, distribute, publicly display, and perform the User Content in connection with the Service.
6.7. Subject to these Terms, the Company grants you a non-transferable, non-exclusive license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes and to install and use the Application only on your own handheld mobile device (for example, iPhone, Android, etc., as applicable) and solely for your personal, non-commercial purposes.
6.8. You agree, represent, and warrant that your use of the Service, or any part of it, will be consistent with the license, covenants, and restrictions stated above and will not infringe or violate the rights of any other party or breach any contract or legal duty with any other party. Furthermore, you agree to comply with all applicable laws, regulations, and ordinances related to the Service or your use of it, and you will be solely responsible for your own individual violations of such laws.
6.9. You are solely responsible for obtaining the equipment and telecommunications services necessary to access the Service, and for all associated fees (such as computer devices, internet service providers, and connection charges).
6.10. We reserve the right to implement any changes to the Service (whether in free or paid features) at any time, with or without prior notice. You acknowledge that various actions by the Company may affect or prevent you from accessing the Service at certain times and/or in the same manner, for limited periods or permanently, and you agree that the Company has no responsibility or liability as a result of such actions or outcomes, including but not limited to the removal or unavailability of any content or service.
6.11. Your access to and use of the Service is at your own risk. The Company will not be responsible for any damage to your computer system, loss of data, or other damage to you or any third party, including without limitation any bodily injury, resulting from your access to or use of the Service or reliance on any information or advice.
6.12. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide customer support from time to time at its sole discretion.
6.13. You hereby acknowledge that the minimum supported operating system version is _ for Android and _ for iOS.
Fees and Refounds
7.1. Certain features of the Service may be offered for a fee. You may make a purchase directly from the Company or through an App Store (the “Purchase”).
7.2. To the maximum extent permitted by applicable law, we may change the purchase fees at any time. We will provide reasonable notice of such price changes by publishing the new prices in the Service or by sending you a notification via email.
7.3. You authorize us and the App Stores to charge the applicable fees to the payment method you provide.
7.4. Our Service may offer subscriptions that renew automatically. Unless you cancel your subscription before the end of the subscription period, you authorize us to charge you for the renewal period. The terms of the automatic renewal and cancellation procedures will be provided within the Service.
7.5. Our Service may offer trial subscriptions that provide access to the Service for a limited period of time and automatically renew unless you cancel before the end of the trial period. The terms of the automatic renewal and cancellation procedures will be provided within the Service.
7.6. We reserve the right, at our sole discretion, to modify or cancel any trial offer, your access to the Service during the trial, or any of these Terms without prior notice and without liability. We also reserve the right to limit your ability to take advantage of multiple trials.
7.7. Purchases within the Service may be made using any payment method accepted by the Service.
7.8. Purchases made through an App Store are subject to the refund policies of that store. This means that when a Purchase is made through an App Store, we cannot provide refunds. You will need to contact the support service of the respective App Store.
Term and Termination
8.1. THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SERVICE. Without limiting any other provision of these Terms, we reserve the right, at our sole discretion and without prior notice or liability, to deny access to and use of the Service (including blocking certain IP addresses) to any person for any reason or no reason at all, including but not limited to a breach of any representation, warranty, or covenant contained in these Terms, or of any applicable law or regulation. We may terminate your use of or participation in the Service without prior notice, at our sole discretion.
8.2. In addition, we reserve the right to take appropriate legal action, including but not limited to seeking civil, criminal, or injunctive remedies in connection with your activities while using the Service. You may therefore be held liable even after the expiration or termination of these Terms within the applicable statute of limitations.
Modifications and Interruptions
9.1. We reserve the right to change, revise, update, suspend, discontinue, or modify the Service at any time and for any reason without prior notice.
9.2. We will not be liable to you or to any third party for any modification, price change, suspension, or interruption of the Service.
9.3. We cannot guarantee that the Service will be available at all times. We may experience hardware, software, or other issues, or we may need to perform maintenance related to the Service, which may result in interruptions, delays, or errors.
9.4. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or interruption of the Service.
9.5. Nothing in these Terms shall be interpreted as obligating us to maintain or support the Service or to provide corrections, updates, or releases related to it.
Miscellaneus Provisions
110.1. Severability. If any provision of the Agreement is found to be wholly or partially invalid or unenforceable, such invalidity or unenforceability will not affect the remaining provisions of the Agreement.
10.2. No Waiver. A waiver of any breach of the Agreement will not be considered a waiver of any other breach.
10.3. Counterparts. The Agreement may be executed in counterparts; each counterpart will be considered an original and together they will constitute one Agreement. Electronic signatures through DocuSign or any other method determined by NowMeApp will be considered original signatures in accordance with the Federal Civil Code.
10.4. Notices. The Client expressly authorizes that any notification related to the provision of the Service, including emergency notices, cancellations, or legal communications, may be sent to the email address provided in the form completed by the Client, and will take effect upon being sent, unless proven otherwise.
10.5. Assignment. Without the prior written consent of NowMeApp, the User may not assign, delegate, or otherwise transfer the Agreement (or any of its rights or obligations) to another party. NowMeApp may assign the Agreement to another company, person, or affiliate without the need for the Client’s consent or notice.
10.6. Subcontracting. NowMeApp may subcontract parts of the Services to third parties. NowMeApp will remain responsible for any breach of the Agreement by its subcontractors.
10.7. Relationship Between the Parties. The parties are independent contractors, and the Agreement does not create any partnership, franchise, joint venture, agency, trust, or employment relationship between the parties.
10.8. Force Majeure. NowMeApp will not be liable if the performance of any term or provision of this Agreement is delayed or cannot be performed due to revolutions or other disturbances, wars, acts of enemies, strikes, fires, floods, acts of God, or, without limiting the foregoing, any other cause beyond the control of NowMeApp that cannot be avoided even with reasonable diligence, whether of the type listed here or not.
10.9. Governing Law. The Agreement and any claim, complaint, dispute, lawsuit, or settlement arising from or related to this Agreement or its subject matter will be interpreted and governed in accordance with the laws of Mexico City.
10.10. Jurisdiction. For the interpretation and enforcement of these Terms and Conditions, the parties submit to the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them due to their present or future domicile.
10.11. Modifications. The Agreement may only be modified through a written document signed by both parties. Any terms and conditions issued or interpreted by the User will have no validity or effect, even if NowMeApp accepts or does not reject such terms in any manner.
10.12. Entire Agreement. The Agreement constitutes the complete and exclusive statement of the agreement between NowMeApp and the Client regarding the commercial relationship between the parties with respect to the subject matter of the Agreement. All prior statements, conversations, and writings are considered replaced by this Agreement, and the parties waive the right to act based on such prior statements, conversations, or writings.
10.13. If you wish to send any notice under these Terms or have any questions about the Service, you may contact us at: soporte@nowmeapp.com.
