Terms of Service
Last updated: June 16, 2026
Please read these Terms of Service carefully. They are a binding agreement between you and DIANA SOSA LLC (doing business as SOSA FIT). By using our website, creating an account, buying coaching or a digital product, or using the SOSA FIT app, you agree to everything below — including the health and medical disclaimer (Section 6), the arbitration agreement and class-action waiver (Section 17), and the privacy and tracking disclosures (Section 11A). If you do not agree, please do not use our services.
1. Acceptance of These Terms
These Terms of Service (the "Terms") are a legal agreement between you and DIANA SOSA LLC (doing business as SOSA FIT), a Florida limited liability company ("SOSA FIT," "we," "us," or "our"). They govern your use of our website at sosafitness.com, and any successor or related URLs we operate (the "Website"), our coaching services, our digital products, and the SOSA FIT mobile app (together, the "Services").
By visiting the Website, creating an account, purchasing any Service, downloading a digital product, or using the SOSA FIT app, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree with these Terms, please do not use the Services.
We may update these Terms from time to time (see Section 19). For minor changes, your continued use of the Services after we post an updated version means you accept the changes. For material changes — including any change to the arbitration agreement in Section 17 — we will ask for your affirmative acceptance (for example, a click-to-accept on your next login or at your next renewal), and material changes to the arbitration agreement will not apply to disputes that arose before the change.
2. About Us — Who You're Dealing With
SOSA FIT is the brand of DIANA SOSA LLC (doing business as SOSA FIT), owned and run by Diana Sosa, a fitness coach based in Miami, Florida, USA. Diana is a new coach who believes in honest, personalized fitness — no gimmicks and no fake hype.
Important: Diana Sosa is a fitness coach. She is NOT a medical doctor, a registered dietitian, a nutritionist, a physical therapist, or any other kind of licensed healthcare provider. Nothing we provide is medical or healthcare advice. Please read Section 6 (Health & Medical Disclaimer) carefully — it is one of the most important parts of this agreement.
You can reach us any time at [email protected] (Miami, Florida, USA). This is our official contact point for questions, support, cancellations, privacy requests, and legal notices.
3. Eligibility — You Must Be 18 or Older
The Services are intended for adults. By using the Services, you confirm that you are at least 18 years old and that you have the legal capacity to enter into a binding contract. The Website, the SOSA FIT app, and our coaching are not directed to, and may not be used by, anyone under 18.
We do not knowingly collect personal information from anyone under 18. If we learn that we have collected personal information from someone under 18, we will delete it. If you believe a minor has given us information, please contact us at [email protected] so we can remove it.
Because we share certain online data with advertising partners as described in Section 11A (which may be considered a "sale" or "sharing" under some state privacy laws), we do not knowingly sell or share the personal information of consumers under 16 years of age. If we identify a user as a minor, we will suppress any sale or sharing of that person's personal information.
4. Coaching Services & Digital Products — What You Get
SOSA FIT offers personalized fitness coaching, both online and in-person, designed around your individual goals, body, and lifestyle. Depending on what you purchase, your coaching may include some or all of the following:
- Custom workout programs built for your goals and fitness level
- Custom nutrition and meal guidance tailored to your preferences
- Ongoing communication, check-ins, and accountability with Diana
- Digital products such as e-books and downloadable plans
- Access to the SOSA FIT mobile app once it is available
4A. Coaching Services & Digital Products (Continued)
Coaching is sold as a monthly recurring subscription that renews automatically each month until you cancel (see Section 5 for billing and cancellation details). The exact features included in your plan are described on the checkout page or order form at the time you purchase. We may update, improve, or change the content and features of the Services from time to time so that they stay useful and current.
If we make a material reduction to the core features of a paid subscription you are currently enrolled in, we will give you advance notice and the right to cancel without further charge. This protection pairs with the price-change notice in Section 5.
Coaching is personalized to you, which means it relies on the information you give us. You agree to provide accurate, honest, and complete information about your health, history, goals, and lifestyle. The more accurate your information, the more useful and safe your program can be. Following your program is voluntary and your responsibility, and you should always listen to your body and to your own healthcare providers.
5. Payments, Billing & Auto-Renewal
Payments are processed securely by Stripe, our third-party payment processor. By purchasing a Service, you also agree to Stripe's terms. We do not store your full card number; Stripe handles your payment details. All prices are in U.S. dollars (USD) unless stated otherwise, and you are responsible for any applicable taxes.
AUTO-RENEWAL — PLEASE READ THIS PART CAREFULLY. When you buy a coaching subscription, you are signing up for an automatically renewing monthly plan. Before you purchase, we show you, clearly and conspicuously: (a) the recurring amount and billing frequency (for example, "charged $X per month"); and (b) the date or deadline by which you must cancel to avoid the next charge. This means: (i) your subscription renews every month automatically; (ii) your payment method on file will be charged each month at the then-current price; and (iii) these charges continue until you cancel. By checking the consent box and completing checkout, you give your express, informed consent to these automatic recurring charges. After you sign up, we will send you an acknowledgment of your recurring subscription that includes instructions on how to cancel.
If we ever offer a free trial or introductory or promotional price, we will disclose the price you will pay after the trial or promotion ends, and we will send you a reminder before the trial converts to a paid plan or before a long-term renewal, so you can decide whether to continue or cancel.
If we ever change your subscription price, we will give you reasonable advance notice before the new price takes effect, so you can decide whether to continue or cancel.
HOW TO CANCEL — CANCELLATION IS AS EASY AS SIGNUP. You can cancel your subscription at any time, easily and without having to call us or speak to anyone — using the same kind of simple, online method you used to sign up. You may cancel through your account or app settings (where available) or simply by emailing us at [email protected]. Cancellation does not require advance notice and is not subject to any waiting period: it takes effect at the end of your current paid billing period and prevents the next renewal. As a courtesy only (and only if you wish), in-person training clients may let us know which session will be their last so we can schedule it — but this courtesy never delays your cancellation taking effect and never triggers an extra billing cycle. Once you cancel, your subscription will not renew again, and you will keep access for the remainder of the period you have already paid for, unless we agree otherwise.
If a payment fails, we may retry the charge and may pause or suspend your access until payment is successful. We may also send you reminders about your renewal and about how to cancel.
5A. Refunds & Cancellation Policy
Because coaching is personalized and digital products are delivered instantly, our general policy is as follows. Cancelling a subscription stops all future monthly charges, but it does not provide a refund for the current month or any prior months already billed. In other words, you can cancel any time to prevent future billing, but we do not prorate or refund time already paid for unless we tell you otherwise in writing.
Digital products (such as e-books and downloadable plans) are non-refundable once they have been accessed or downloaded, to the fullest extent permitted by law, because they are delivered to you immediately and cannot be returned.
Nothing in this section takes away any rights you may have under applicable law that cannot be waived. If you have a problem with your purchase, please contact us first at [email protected] — we genuinely want to help and will try to resolve any billing issue quickly. Nothing here limits your right to dispute a charge with your card issuer or to exercise any rights you have under the law. We reserve the right to terminate an account only in cases of actual fraud, not for legitimate good-faith billing disputes.
6. Health & Medical Disclaimer, Assumption of Risk & Consult Your Physician
THIS IS ONE OF THE MOST IMPORTANT SECTIONS OF THESE TERMS. PLEASE READ IT FULLY.
NOT MEDICAL ADVICE. All of our coaching, workout programs, nutrition and meal guidance, e-books, app content, and other materials are provided for general informational, educational, and fitness purposes only. They are NOT medical, healthcare, dietary, nutritional, psychological, or other professional advice, and they are not a substitute for advice from a qualified professional.
DIANA IS NOT A LICENSED HEALTHCARE PROVIDER. Diana Sosa is a fitness coach, not a licensed physician, registered dietitian, nutritionist, physical therapist, or other licensed healthcare provider. Our nutrition and meal guidance is general fitness and lifestyle information, not individualized medical nutrition therapy or dietetic advice, and is not a substitute for a registered dietitian. Using the Services does not create a doctor-patient or any other licensed professional relationship between you and Diana or SOSA FIT.
TALK TO YOUR DOCTOR FIRST. You should consult a licensed physician or qualified healthcare provider before starting any exercise program, changing your diet, or following any nutrition or meal guidance — especially if you are pregnant or nursing, are elderly, have any medical condition, injury, disordered eating history, or are taking any medication. If your doctor advises you not to follow part of your program, follow your doctor's advice.
ASSUMPTION OF RISK. Physical exercise carries inherent risks, including the risk of injury, disability, and in rare cases death. By using the Services, you voluntarily accept and assume all risks associated with physical activity, exercise, and dietary changes you undertake in connection with the Services. You agree to stop exercising immediately and seek medical attention if you experience pain, dizziness, shortness of breath, faintness, or any other warning sign.
NO DIAGNOSIS OR TREATMENT; LIMITED RELEASE. The Services do not diagnose, treat, cure, or prevent any disease or medical condition. To the fullest extent permitted by Florida law, you release SOSA FIT and Diana Sosa from claims arising out of physical activity, exercise, or dietary changes you choose to undertake in reliance on the Services — EXCEPT for claims arising from our gross negligence, recklessness, or willful misconduct, and except for any liability that cannot be waived under applicable law. This release does not apply where it is prohibited by law. For in-person and coaching clients, we may also ask you to complete and sign a separate health questionnaire or liability waiver before training begins.
HOW WE TREAT YOUR HEALTH INFORMATION. To coach you safely, we collect health, history, and lifestyle information that you provide. SOSA FIT is a fitness business, not a healthcare provider, and this information is NOT protected by HIPAA (the U.S. health-privacy law for doctors, hospitals, and insurers). We handle your information as described in our Privacy Policy, which explains how it is stored (including with our backend provider, Supabase), how long it is kept, and the security measures we use to protect it.
7. No Guarantee of Results; Testimonials Disclaimer
We want to be completely honest with you: fitness and nutrition results depend on the individual. Your results will depend on many factors, including your effort, consistency, genetics, starting point, how closely you follow your plan, and your overall health. Because of this, SOSA FIT does not guarantee any specific result, amount of weight loss, body-composition change, or performance outcome. We make no income, earnings, or lifestyle claims of any kind.
Diana is a brand-new coach, and we are committed to keeping our marketing honest. We do not and will not fabricate testimonials, client counts, or transformations. Any testimonials, reviews, or before-and-after stories we may share in the future will be genuine and from real people, and each one represents that one person's individual experience and should not be taken as typical or as a promise of what you will achieve.
Consistent with U.S. Federal Trade Commission (FTC) guidance, including the endorsement guides and the Use of Consumer Reviews and Testimonials Rule: (a) wherever we display any testimonial or before/after result, we will include a clear and conspicuous disclosure near it stating that results are not typical and that individual results vary; (b) we do not suppress or selectively edit honest reviews, and we do not condition any testimonial on it being positive; and (c) if we ever have a material connection with someone who provides a testimonial (for example, free coaching in exchange for a review, or an affiliate relationship), we will clearly disclose that connection.
8. Account Registration & Acceptable Use
Some Services require you to create an account. When you do, you agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for keeping your login credentials secure and for everything that happens under your account. Please notify us right away at [email protected] if you suspect any unauthorized use of your account. Accounts are for one person and may not be shared, sold, or transferred.
When using the Services, you agree NOT to do any of the following:
- Use the Services for any unlawful purpose or in violation of these Terms
- Harass, threaten, abuse, or post hateful or harmful content in any community or app feature
- Reverse-engineer, scrape, use bots on, hack, introduce malware into, or otherwise interfere with the Services or with the infrastructure we rely on (including Cloudflare and Supabase)
- Impersonate any person or share false health information that could harm others
- Infringe anyone else's intellectual property, privacy, or other rights
- Resell, redistribute, or share access to paid content with people who have not paid for it
8A. Acceptable Use Enforcement
We may remove content, and we may suspend or terminate your account, if you violate these Terms, engage in fraud or abusive chargebacks, fail to pay, or use the Services in a way that harms us, other users, or third parties. Where reasonable, we will try to let you know, but we are not required to do so before acting to protect the Services or others.
9. Intellectual Property & Your Limited License
All content and materials that make up the Services — including workout programs, nutrition guidance, e-books, app content, text, graphics, photos of Diana, the "SOSA FIT" name and logo, and all software — are owned by SOSA FIT or its licensors and are protected by copyright, trademark, and other laws. The "SOSA FIT" brand and related marks are ours, and you may not use them without our written permission.
When you purchase a Service or digital product, we grant you a personal, non-exclusive, non-transferable, revocable license to access and use that content for your own personal, non-commercial use only. You may not copy, sell, redistribute, publicly post, sublicense, or commercially exploit our content, share your logins, or use our materials to build or train a competing product or service.
If you post content within the Services — for example, progress notes, photos, reviews, or community posts — you keep ownership of your content, but you grant SOSA FIT a worldwide, royalty-free license to use, host, store, display, and reproduce that content as needed to operate and promote the Services. You represent that you own or have the rights to anything you post and that it does not violate anyone else's rights.
If you believe content on the Services infringes your copyright, please send a notice to [email protected] with enough detail for us to identify and address the issue, and we will respond appropriately.
10. The SOSA FIT App & App Store Terms
The SOSA FIT mobile app is currently in development. When the app becomes available, additional or separate app-specific terms, as well as the rules of the relevant app store (such as Apple's App Store or Google Play), may apply to your use of it, in addition to these Terms. If there is a conflict between these Terms and any app-specific terms regarding the app, the app-specific terms will control for that subject.
App features, availability, and content may change as we build and improve the app. We do not promise that any particular app feature will be available by any specific date.
APPLE APP STORE TERMS. If you download the SOSA FIT app from the Apple App Store, the following also apply: (a) these Terms are between you and SOSA FIT only, not with Apple, and Apple is not responsible for the app or its content; (b) your license to use the app is a limited, non-transferable license to use it on Apple-branded devices you own or control, as permitted by the App Store Terms of Service; (c) Apple has no obligation to provide maintenance or support for the app; (d) to the maximum extent permitted by law, Apple has no warranty obligation for the app, and any claims of non-conformance to warranty will be our responsibility, not Apple's; (e) Apple is not responsible for addressing any product-liability, third-party intellectual-property, or legal-compliance claims relating to the app; and (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Similar terms apply if you download the app from Google Play or another app store, with that store's operator as the relevant third-party beneficiary.
11. Third-Party Services & Links
To provide the Services, we rely on trusted third-party providers, including Stripe (payments), Cloudflare (website hosting, content delivery, and security), Supabase (app and account data), and our email marketing provider (mailing list). The Website and app may also link to or interact with third-party websites and tools, including social media platforms and the analytics and advertising services described in Section 11A and in our Privacy Policy.
We do not control these third parties and are not responsible for their content, products, services, or privacy practices. When you use a third-party service or follow a third-party link, you do so at your own risk and under that third party's own terms and policies. If we ever include affiliate or referral links from which we may earn a commission, we will disclose that relationship in line with FTC guidance.
11A. Cookies, Tracking, Analytics & Advertising — Honest Disclosure
We want to be fully transparent about how we track visitors. WHEN YOU VISIT THE WEBSITE, GOOGLE ANALYTICS 4 (GA4) AND THE META (FACEBOOK / INSTAGRAM) PIXEL LOAD AUTOMATICALLY ON PAGE LOAD, FOR ALL VISITORS. This happens by default — it is not gated behind an opt-in consent banner. Through cookies, pixels, and similar identifiers, these tools collect information such as your device and browser type, IP address, the pages you view, how you interact with the Website, and online identifiers.
HOW WE USE THIS DATA. We use this information both for traffic analytics (to understand how people find and use the Website) AND to build advertising and retargeting audiences with Google and Meta, so we can show our ads to people who have visited the Website or who resemble our visitors.
WHY THIS MAY BE A "SALE" OR "SHARING" OF YOUR INFORMATION. Because we share this pixel and cookie data with Google and Meta to deliver advertising across other websites and apps (known as "cross-context behavioral advertising"), this activity may be considered a "sale" or "sharing" of personal information under the California Consumer Privacy Act as amended by the CPRA (the "CCPA/CPRA") and similar U.S. state privacy laws. We disclose this openly here and in our Privacy Policy, and we give you a clear way to opt out — see Section 11B.
11B. Do Not Sell or Share My Personal Information — Your Opt-Out Rights
You have the right to opt out of the "sale" or "sharing" of your personal information described in Section 11A. To exercise this right — your "Do Not Sell or Share My Personal Information" request — you can email us at [email protected] (please write "Do Not Sell or Share" in the subject), and you may also use any "Do Not Sell or Share My Personal Information" link we provide on the Website. We will not discriminate against you for exercising your privacy rights.
GLOBAL PRIVACY CONTROL (GPC). We treat the Global Privacy Control (GPC) browser signal as a valid request to opt out of the sale and sharing of your personal information. If you visit the Website with GPC enabled in your browser or extension, we will apply your opt-out for that browser automatically.
ADDITIONAL OPT-OUT TOOLS. You can also limit or stop this tracking using the following independent tools, which are controlled by third parties:
- Your browser's own cookie controls (you can block or delete cookies in your browser settings)
- The Google Analytics Opt-out Browser Add-on
- Google Ads Settings (to manage how Google personalizes the ads you see)
- Meta ad preferences and the "Off-Facebook activity" controls in your Facebook/Instagram settings
- The Digital Advertising Alliance (DAA) opt-out tool at optout.aboutads.info
- The Network Advertising Initiative (NAI) opt-out tool
11C. Your State Privacy Rights & How to Exercise Them
Depending on where you live, U.S. state privacy laws (including the CCPA/CPRA in California, and similar laws in states such as Colorado, Connecticut, Virginia, and others) may give you rights regarding your personal information. These can include the right to know or access the personal information we hold about you, the right to delete it, the right to correct it, the right to opt out of the sale or sharing of it and of targeted advertising, and the right not to be discriminated against for exercising your rights.
To exercise any of these rights, email us at [email protected] and tell us what you would like to do. We will verify your request as required by law and respond within the timeframes the law requires. Our Privacy Policy contains the full details, including the categories of personal information we collect, the categories we sell or share (and to whom), how long we keep your information, and how it is secured. If there is any conflict between this summary and our Privacy Policy on a privacy matter, the Privacy Policy controls.
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SOSA FIT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that any defects will be corrected, or that you will achieve any particular fitness, health, or other result. We make no warranties regarding any third-party services (including Stripe, Cloudflare, Supabase, Google, or Meta). As stated in Section 6 and Section 7, we provide no medical advice and guarantee no results. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOSA FIT, DIANA SOSA, AND OUR MEMBERS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.
NOTHING IN THIS SECTION LIMITS OR EXCLUDES OUR LIABILITY FOR GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR FRAUD, OR FOR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW (INCLUDING, WHERE APPLICABLE, PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE). The cap and exclusions above are subordinate to this carve-out.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you. In those cases, our liability will be limited to the smallest amount permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless SOSA FIT, Diana Sosa, and our members, agents, and service providers from and against any claims, demands, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Services; (c) your violation of any law or of any third party's rights; (d) any content you post or submit; or (e) any injury, harm, or loss arising from your physical activity, exercise, or dietary choices made in connection with the Services.
15. Electronic Communications Consent
By using the Services, you consent to receive communications, agreements, disclosures, receipts, and notices from us electronically — by email to the address on your account, through the SOSA FIT app, or by posting on the Website. You agree that these electronic communications satisfy any legal requirement that such communications be in writing, consistent with the federal E-SIGN Act and the Florida Uniform Electronic Transaction Act.
You may withdraw your consent to receive non-essential electronic communications, but doing so may limit or end your ability to use the Services. This consent is separate from your marketing-email preferences; you can unsubscribe from marketing emails at any time using the unsubscribe link in those emails, as described in our Privacy Policy.
TEXT MESSAGES (SMS). If you provide a mobile phone number, you consent to receive transactional text messages from us (such as coaching check-ins, appointment reminders, and account or billing notices), and, only where you separately opt in, marketing text messages. Message and data rates may apply, and message frequency varies. You can reply STOP at any time to opt out of text messages, or HELP for help. Transactional and marketing text consent are separate, and opting out of marketing texts will not stop essential transactional messages about your account.
16. Governing Law & Venue
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules.
Subject to the dispute-resolution and arbitration provisions in Section 17, you agree that any lawsuit or legal proceeding will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction and venue of those courts.
17. Dispute Resolution, Binding Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO PARTICIPATE IN A CLASS ACTION.
First, let's try to work it out. Before starting any formal proceeding, you agree to first contact us at [email protected] with a written description of your dispute and what you would like us to do. We will try in good faith to resolve it informally. If we cannot resolve it within 30 days, either party may proceed as described below.
Binding individual arbitration. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be settled by binding individual arbitration, rather than in court, administered under the rules of a recognized arbitration provider (such as the American Arbitration Association (AAA) or JAMS). The arbitration will take place in Miami-Dade County, Florida, or by video where available, and the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitrator, and not any court, will decide the dispute, but the arbitrator may not deprive you of any statutory remedies you would otherwise be entitled to under applicable law.
Arbitration fees. For any consumer arbitration you bring under this Section, SOSA FIT will pay the arbitration filing and administration fees that exceed what you would have paid to file the same claim in court, consistent with the AAA Consumer Arbitration Rules (or the equivalent rules of the chosen provider). Each party will otherwise bear its own attorneys' fees and costs, unless the arbitrator awards them to a party under applicable law.
Class action and jury waiver. To the fullest extent permitted by law, you and SOSA FIT agree that disputes will be brought only on an individual basis and not as a plaintiff or class member in any class, collective, or representative proceeding. You and SOSA FIT also waive any right to a jury trial.
Mutual carve-outs and your right to opt out. Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek injunctive or other equitable relief in court to protect its intellectual property, confidential information, or other proprietary rights; this carve-out applies equally to both you and SOSA FIT. You have the right to opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, stating clearly that you wish to opt out of arbitration; if you opt out, the governing-law and venue terms in Section 16 will apply to your disputes instead, and opting out will not affect any other part of these Terms.
18. Termination
You may stop using the Services and cancel your subscription at any time as described in Section 5. We may suspend or terminate your access to the Services, with or without notice, if you breach these Terms, if we are required to do so by law, or if continuing to provide the Services becomes impractical.
When your access ends, your license to use our content (Section 9) ends as well. The sections of these Terms that by their nature should survive termination will continue to apply, including those relating to intellectual property, privacy and tracking disclosures, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.
19. Changes to These Terms
We may update these Terms from time to time as our Services, our business, or the law changes. When we do, we will post the updated Terms with a new "Last Updated" date at the top.
For minor changes, your continued use of the Services after the updated Terms are posted means you accept them. For material changes — including any change to the arbitration agreement in Section 17 — we will provide reasonable notice (such as by email or through the Website or app) and will ask for your affirmative acceptance, for example a click-to-accept on your next login or at your next renewal. Material changes to the arbitration agreement will not apply to disputes that arose before the change. If you do not agree with the updated Terms, you should stop using the Services and may cancel your subscription as described in Section 5.
20. Force Majeure
We will not be liable or responsible for any failure or delay in providing the Services that is caused by events beyond our reasonable control. These include, for example, outages or failures at our service providers (such as Stripe, Cloudflare, or Supabase), internet or telecommunications failures, power outages, natural disasters, severe weather, fire, flood, epidemics or pandemics, acts of government, labor disputes, war, terrorism, or other events of a similar nature. If such an event occurs, we will make reasonable efforts to restore the Services as soon as practical.
21. Severability, Entire Agreement & Other Terms
If any part of these Terms is found to be invalid or unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest of the Terms will remain in full force and effect.
These Terms, together with our Privacy Policy and any order form or checkout terms you agree to, make up the entire agreement between you and SOSA FIT regarding the Services, and they replace any prior agreements or understandings on that subject. Our failure to enforce any provision is not a waiver of our right to enforce it later.
You may not assign or transfer these Terms or your account to anyone else without our written consent. We may assign these Terms, including in connection with a sale, merger, or transfer of our business. Section headings are for convenience only and do not affect the meaning of these Terms.
22. Contact Us
If you have any questions about these Terms or the Services, if you wish to make a privacy request, or if you need to send us a legal notice, please contact us at:
DIANA SOSA LLC (doing business as SOSA FIT). Email: [email protected]. Location: Miami, Florida, USA.