Terms & Conditions

1. Who we are

These Terms & Conditions ("Terms") are a binding agreement between you and Onyx Elevate ("Onyx Elevate", "we", "us", "our"), the operator of the website onyxperformance.app and the Onyx Elevate mobile and web application (together, the "Service"). By creating an account, accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.

2. The Service

Onyx Elevate provides a fitness platform with a free exercise library, structured training programs, nutrition plans, recipes, challenges and educational content. Some content is free; some is offered as one-time purchases or subscriptions ("Premium Content").

3. Eligibility & accounts

You must be at least 16 years old (or the age of digital consent in your country) and legally able to enter into this agreement. You are responsible for keeping your login credentials confidential and for all activity under your account. You agree to provide accurate information and keep it up to date.

4. Not medical advice · fitness education only

Onyx Elevate is a fitness education and entertainment platform. All exercises, programs, recipes, nutrition guides, articles and supplement information on the Service are provided for general informational and educational purposes only. Nothing on the Service is medical, physiotherapy, psychological, dietary, pharmaceutical or nutritional advice, diagnosis or treatment, and it is not a substitute for consulting a qualified healthcare professional. We do not diagnose, treat, cure or prevent any disease or medical condition, we do not prescribe medication or supplements, and we do not promise or guarantee any specific physical, weight, body-composition, performance or health outcome, individual results vary and depend on many factors outside our control. Physical activity carries inherent risk of injury. You are solely responsible for evaluating whether any exercise, program, recipe or supplement is appropriate for you, and you must consult a qualified physician before starting any new training or nutrition program, especially if you are pregnant, nursing, under 18, over 65, sedentary, injured, recovering from surgery, taking medication, or have any cardiovascular, metabolic, musculoskeletal, mental-health or other medical condition. You use the Service entirely at your own risk.

5. Payments, billing & our reseller (Merchant of Record)

Web purchases are processed by Stripe. Payment, billing, tax collection and payment-method mechanics on the web are handled by Stripe. Purchases and subscriptions made inside the iOS app are processed by Apple under Apple's Media Services Terms (apple.com/legal/internet-services/itunes); Apple is the seller of record for those transactions. Prices, currencies and applicable taxes are shown at checkout.

6. Refunds

Refunds are governed by our Refund Policy. In short: we offer a 30-day money-back guarantee on web purchases of Premium Content. In-app purchases made through the App Store are refunded by Apple, request a refund at reportaproblem.apple.com.

7. Licence to use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service and any Premium Content you have purchased, for your personal, non-commercial use.

8. Intellectual property

All content on the Service, including videos, exercise demonstrations, programs, articles, recipes, images, logos, software and branding, is owned by Onyx Elevate or licensed to us and is protected by copyright and other intellectual property laws. We retain all rights not expressly granted to you.

Unauthorized use of our content carries serious consequences. You may not use our videos for commercial purposes, sell or redistribute anything we create, copy our website or app, scrape our content, or steal and repurpose our intellectual property in any way. Doing so is a direct violation of these Terms and applicable law. We actively monitor for infringement and will take immediate action, including reporting violations to the relevant platforms and authorities, issuing takedown notices, pursuing legal remedies, and terminating your access to the Service without notice.

9. Acceptable use

You agree not to: (a) use the Service unlawfully or fraudulently; (b) share your account or resell access; (c) copy, scrape, redistribute, republish or create derivative works from our content; (d) upload malware or attempt to probe, breach or interfere with the security of the Service; (e) reverse engineer or attempt to circumvent technical limitations; or (f) harass our coaches, staff or community.

10. User content

If you post content (e.g. workout logs, reviews, messages), you grant us a limited, worldwide, royalty-free licence to host, store and display it solely to operate and improve the Service. You confirm you have the rights to the content you submit.

11. Service availability

We work hard to keep the Service running, but we do not guarantee uninterrupted or error-free performance. We may modify, suspend or discontinue features at any time.

12. Suspension & termination

We may suspend or terminate your access, with or without notice, for: material breach of these Terms, non-payment, fraud or security risk, or repeated or serious violations of our acceptable use rules. You may stop using the Service at any time by closing your account.

13. Warranties

To the fullest extent permitted by law, the Service is provided "as is" and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

14. Limitation of liability

To the extent permitted by law, Onyx Elevate's aggregate liability for any claim arising out of or relating to the Service is limited to the amount you paid us in the 12 months before the claim. We are not liable for indirect, incidental, special, consequential or exemplary damages (including loss of profits, data or goodwill). Nothing in these Terms limits liability for fraud, death or personal injury caused by our negligence, or any other liability that cannot be limited by law.

15. Indemnity

You agree to indemnify Onyx Elevate against claims arising from your content, your unlawful use of the Service, or your breach of these Terms.

16. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced in the Service. Continued use after changes take effect means you accept the updated Terms.

17. Governing law

These Terms are governed by the laws of the jurisdiction in which Onyx Elevate is established, without regard to its conflict of laws rules. Disputes will be resolved in the competent courts of that jurisdiction, unless mandatory local consumer law provides otherwise.

18. Contact

Questions about these Terms? Email OnyxPerformanceTeam@hotmail.com.