Terms of service

The agreement

These terms are an agreement between you and Virgil AI LLC about using TOTUM, its app and its website. By using it, you agree to them. Our privacy policy says how we handle your information, and our refund policy says how money comes back. All three are part of the same agreement and replace anything said before it.

If we change these terms, we will update the date at the top, and tell you in the app or by email before a change that matters takes effect. Using the app after that means you accept the change.

Your account

You must be at least 13 to make an account, and old enough where you live to agree to these terms. If you are under 18, a parent or guardian has to agree for you. You must be at least 18 to buy anything, to run a business on the app, or to be paid out.

Use your own name and an email address that is yours, keep your password to yourself, and tell us if you think someone else has used your account. What happens on your account is yours to answer for.

If you agree to these terms for a company, you are saying you are allowed to bind it.

One account each. Do not sell, share or hand over your account.

Before a business can be paid out, Stripe and we may have to check who you are, which can mean a government ID or proof of address, because the law on money laundering and sanctions requires it. You confirm you are not in an embargoed country and not on a sanctions list. If those checks cannot be met, the account can be suspended, a payout held, and the matter reported where the law says it must be.

Members and clients

TOTUM is the place the sale happens, not the seller. When you join a gym or buy from a trainer through the app, your agreement for that membership, package, class, event or product is with that business, not with us. Its prices, cancellation and refund rules are its own, and so are any waivers it asks you to sign.

The business is the merchant of record on its own sales. It is responsible for what it sells, for delivering it, for its own customer service, and for following the laws and card network rules that apply to it.

Ask the business first about a refund or a problem with what you bought. We may help the two of you talk, but we do not have to, we do not refund on a business's behalf, and we cannot promise an outcome.

We do not endorse any business or trainer on the app and we make no promise about their qualifications, their work or how they behave.

Businesses

If you run a business on the app, you are responsible for what you sell and say, for the waivers and contracts you use, for getting what you need from your members to keep their information, and for following the laws that apply to your business.

Your plan is billed monthly or yearly, as you choose, after any free period offered when you set it up. On top of the plan, a platform fee of 2 percent comes out of each payment a member makes to you, along with the card company's own fee. Member payments are paid out to you through Stripe, under Stripe's own agreement, which you accept when you connect. Taxes on what you sell and what you earn are yours to report and pay.

Refunds and chargebacks on member payments are yours to handle. If a member disputes a payment with their bank, Stripe sends the dispute and any dispute fee to your account, and you answer it in Stripe. We may keep a record of disputes on your account.

If a refund, chargeback, fee, fine or anything else you owe cannot be taken from your Stripe balance, you let us and Stripe take it from money held back or from later payouts, and if there is still not enough, you agree to pay what is left within 30 days of being told.

You can end your plan at any time; it stops at the end of the period already paid for. If a payment for the plan fails, features beyond the basics are paused until it is paid. Nothing is deleted while a plan is paused.

Training is physical, and the risk is yours

Exercise, classes and the plans in the app carry real risk, including injury. You confirm that nothing about your health makes training unsafe for you, or that a doctor has said it is fine. Talk to a doctor before starting a new exercise or eating plan, and stop if something hurts.

You use the training side of the app at your own risk, and as far as the law allows you release Virgil AI LLC from claims for injury, illness or loss that come from using a workout, a plan, an answer from the app, or a ring or band you connected.

Numbers that come from a ring, band, watch or phone are as good as that device is. We do not promise they are right.

Not medical advice

Training plans, food targets, meal suggestions and answers from Cordie are general information, not medical, nutritional or professional health advice. Some are written by a computer, can be wrong or incomplete, and may not suit your situation. The app is not a medical device and does not diagnose or treat anything. Talk to a qualified professional before acting on any of it. We are not responsible for what you do on the strength of an answer the app gave you.

What you post

What you post, upload or write stays yours. You give us a worldwide, non-exclusive, royalty-free license, which we may pass on to the companies that help us run the app, to keep it, copy it, adapt it where a format needs it, and show it to the people it is meant for, for as long as we need to in order to run the app.

You promise that what you post is yours to post, does not break anyone else's rights, and does not break the law or these terms.

Do not post anything illegal, hateful, harassing, sexual, or that belongs to someone else without their permission. Do not post photos of other people who have not agreed to it. Group hosts and we may remove posts that break these rules, and we may close accounts that keep breaking them. We do not have to look at what is posted, and not removing something does not mean we approve of it.

What is ours

The app, the website, the TOTUM name and logo, and everything in them that we made belong to us or to the people who licensed them to us. You get permission to use the app for yourself or to run your own business on it, and nothing more. Do not copy it, take it apart, resell it, or build a competing product out of it.

Using the app fairly

Do not try to get into accounts or data that are not yours, copy the app or collect data from it with automated tools, overload it, or get around its limits or security. Do not impersonate anyone, spam, send false health or check-in data, or use the app to commit fraud, including fraudulent payments or chargebacks. Do not use it from an embargoed country or if you are on a sanctions list.

If you find a security problem, tell us at support@gettotum.com before telling anyone else.

Ending

You can stop using the app and close your account at any time. We may suspend or close an account that breaks these terms or puts others at risk, and will tell you why unless the law or safety stops us.

When an account ends, access to it ends, anything paid ahead for a plan is not refunded, and the parts of these terms that are meant to outlast it, including what you owe, the limits on our responsibility and how disputes are settled, carry on.

Our responsibility

We work to keep the app running and correct, but it is provided as it is and as it is available, without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, and without any promise that it will always be available, free of errors, or produce any particular result.

As far as the law allows, we are not responsible for indirect, incidental, special, consequential or punitive losses, such as lost profits or data, or for what a business, a trainer, another user or a connected device does. Our total responsibility to you, for everything put together, is limited to what you paid us in the 12 months before the claim, or 100 dollars if you paid us nothing. Some places do not allow these limits, so they may not apply to you.

Covering our costs

You agree to defend and cover Virgil AI LLC, and the people who work for it, against claims, losses and reasonable costs, including legal fees, that come from how you used the app, what you posted, or your breaking these terms or the law. If you run a business on the app, that includes claims made against us because of how you ran it.

Settling a disagreement

Write to us first at support@gettotum.com. Most things are sorted out that way, and we ask for 30 days to try before anything formal starts.

If that does not settle it, and you are in the United States, you and we agree that the dispute is decided by binding arbitration, one person at a time, under the rules of the American Arbitration Association, instead of in court. You and we are each giving up a jury trial and the right to take part in a class or representative action. Either of us may still bring a matter in small claims court if it belongs there.

You can opt out of arbitration. Email support@gettotum.com within 30 days of first agreeing to these terms with your name, your address and a clear statement that you are opting out. Opting out changes nothing else in this agreement.

These terms are governed by the laws of Florida, in the United States, without regard to its rules on conflict of laws. Anything that does go to court goes to the state or federal courts in Florida, and you and we agree to those courts.

If you are a consumer in Europe or the United Kingdom, none of this takes away the rights your own law gives you or your right to go to your local courts, including your right to withdraw from a service within 14 days of buying it where it has not yet started.

The rest

If part of these terms turns out not to hold, the rest still does. If we do not enforce something straight away, we have not given it up. We may transfer this agreement, for example if the business is sold; you may not transfer it without our agreement.

Neither of us is responsible for a delay or failure caused by something outside our control, such as a natural disaster, a war, a strike, an outage at a supplier or an attack on our systems.

Notices to us go to support@gettotum.com, Virgil AI LLC, Florida, United States. Notices to you go to the email address on your account or to a message in the app.

Questions: support@gettotum.com.