TitanBody™ Terms of Service, USER AGREEMENT & LIABILITY WAIVER

BEFORE YOU ORDER THE TITANBODY™ EMS SYSTEM OR USE THE SERVICES OUTLINED BELOW, CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE TITANBODY™ EMS SYSTEM IN ANY MANNER WHATSOEVER.

TitanBody™ LLC (“TitanBody,” “we,” “our,” “us”) provides an electrical muscle stimulation (“EMS”) training system comprised of a full-body EMS suit (the “Suit”), a wireless control unit (the “PowerBox”), a mobile application that connects to the PowerBox and allows the user to control the Suit (the “App”), on-demand workout content delivered through the App (the “Content”), and related accessories (the “Accessories”). The Suit, PowerBox, App, Content, and Accessories are collectively referred to as the “TitanBody EMS System” or the “System.” By (i) purchasing the TitanBody EMS System, (ii) downloading or installing the TitanBody App, or (iii) using the TitanBody EMS System or any of its components, you, the user (“Consumer,” “you,” or “your”), confirm that you have reviewed and understood these terms and conditions, and agree to comply with them, including the accompanying Privacy Policy and the Return Policy (collectively, the “Terms”). If you do not accept these Terms or do not meet the requirements for using the System, you are not authorized to purchase or use the TitanBody EMS System, and no permission to do so is granted.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES, INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 13, 14, AND 15). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS YOU VALIDLY OPT OUT AS DESCRIBED HEREIN. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

Section 1 – Eligibility & Age Requirement

The TitanBody EMS System is intended for adults. If you use the System or any of its components, you affirm that you are at least 18 years old at the time of purchase, that you have legal capacity to enter into this contract, and that you have read this Agreement in its entirety. We recognize that in certain instances the System may be used by individuals under the age of 18. In these instances, by accessing or using the System, you are affirming that a parent or adult legal guardian has given requisite written consent and that they agree to these Terms on your behalf. By creating an account or making a purchase, you represent that you comply with all applicable laws and eligibility requirements.

• Titan Body is designed for fitness and EMS training purposes.
• It is not a substitute for professional medical advice. Always consult a healthcare professional before starting any training program.

Section 2 – Risk and Liability Waiver

By using the TitanBody EMS System you acknowledge, understand, and agree to the following terms and conditions:

2.1 Assumption of Risk

Training with the TitanBody EMS System involves strenuous physical activity and the application of electrical impulses to the body. You understand that participating in such activity carries inherent risks, including but not limited to physical injury, muscle strain, muscle fatigue, skin irritation, rhabdomyolysis, cardiovascular issues, or in extreme cases, permanent injury or death. You expressly assume all risks associated with the use of the TitanBody EMS System, whether known or unknown, and whether arising from the equipment, your physical condition, your use of the System, or otherwise.

2.2 Health and Medical Clearance

You affirm that you are in good physical condition and have no medical or physical conditions that would prevent your safe use of the TitanBody EMS System. You further affirm either that:
1. You have independently determined that you are healthy enough to engage in strenuous physical activity using the TitanBody EMS System; or
2. You have consulted with a licensed physician who has explicitly cleared you to use the TitanBody EMS System and engage in the associated physical activities.
If you experience any discomfort, pain, dizziness, or other health-related issues while using the System, you agree to immediately cease all use of the System and seek medical attention. If you believe you are experiencing a medical emergency, call 911 immediately.

2.3 Pre-Existing Conditions & Contraindications

You affirm that you do not have any pre-existing medical conditions that may be aggravated by use of the TitanBody EMS System, including but not limited to:

• Implanted electronic devices (e.g., pacemakers, defibrillators, insulin pumps)
• Epilepsy or seizure disorders
• Cardiac conditions or heart disease
• Pregnancy or suspected pregnancy
• Active cancer or tumors in the stimulation area
• Recent surgery (within the past 6 months without physician clearance)
• Severe diabetes with neuropathy
• Metal implants in the stimulation area
• Skin conditions, open wounds, or inflammation at electrode contact sites
• Rhabdomyolysis or history thereof
• Any other condition for which EMS may be contraindicated as advised by your physician

If you have any doubts about your ability to safely use the TitanBody EMS System, you agree to consult with a licensed physician before use. You agree not to use the System if you are pregnant, may be pregnant, or have any condition that is contraindicated for use with electrical muscle stimulation.

2.4 Proper Use and Compliance with User Manual

You agree to use the TitanBody EMS System only as directed in the provided instructions and TitanBody User Manual. You acknowledge that improper use of the System may increase the risk of injury. You agree to comply with all safety guidelines, warnings, and instructions provided by TitanBody. You assume any risk or liability from use or misuse of the System.

2.5 Third-Party Equipment and Content

The TitanBody EMS System is designed and intended for use with TitanBody-provided equipment and training content, unless specified otherwise in the User Manual. You acknowledge and agree that any use of the TitanBody EMS System in conjunction with third-party equipment, accessories, or training content is undertaken entirely at your own risk. TitanBody expressly disclaims any and all liability for any injuries, damages, or losses that may result from such use.

2.6 Liability Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT TITANBODY LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INJURY, DAMAGE, OR HARM THAT YOU MAY SUFFER AS A RESULT OF USING THE TITANBODY EMS SYSTEM, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS WAIVER APPLIES TO ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF THE SYSTEM, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

2.7 No Medical Advice

You acknowledge that TitanBody is not a medical organization, and neither the TitanBody EMS System nor any content, recommendations, or communications provided by TitanBody constitutes medical advice, treatment, diagnosis, or prescriptions. TitanBody products are intended for fitness and wellness purposes only; they are not medical devices and are not intended to diagnose, cure, or prevent specific diseases or medical conditions, nor are they a substitute for medical advice. The determination of whether you are fit to use the TitanBody EMS System is solely your responsibility and/or the responsibility of your medical professional.

2.8 Release, Indemnification, and Covenant Not to Sue

By using the TitanBody EMS System, you agree to release, discharge, and hold harmless TitanBody from any and all claims, demands, actions, or causes of action arising out of or connected with your use of the System. You further agree to indemnify and hold harmless TitanBody from and against any and all losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising from your use of the System or any breach of this waiver.

This agreement serves as a complete release, waiver, discharge, and covenant not to sue the parties named above as Releasees.

By using the TitanBody EMS System, you affirm that you have read, understood, and agreed to this Health Disclaimer and Liability Waiver. You acknowledge that you are voluntarily engaging in activities that involve physical exertion and electrical stimulation, and that you accept full responsibility for your health, safety, and well-being during such activities.

Section 3 – User Account

For certain features of the Services, you may need to create an account (a “User Account”). It is important that you provide us with complete, accurate, and current information and keep this information up to date. To protect your User Account, please keep the details of your login and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under your User Account. You agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your User Account, to any third party.

Section 4 – Intellectual Property Rights

You acknowledge that all materials on the Site (www.titanbody.com), including any trademarks, patents, logos, design, graphics, text, photos, software, and other files (collectively the “TitanBody IP”) are the property of TitanBody, TitanBody IP Holdings LLC and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. TitanBody authorizes you to view and download the TitanBody IP only for informational, personal, non-commercial purposes, and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express written consent of TitanBody. Subject to your continued strict compliance with these Terms, TitanBody provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Site and App. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. All rights not expressly granted in these Terms are reserved by TitanBody and its respective licensors, affiliates, and contractors. You agree not to engage in the use, copying, or distribution of the Services, any of its contents, or any data generated or produced using the Services for any commercial purpose. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services. You further agree not to resell, redistribute, or export any product or service that you order from the Site or App.

Section 5 – Terms of Sale

5.1 Product Purchase

We invite you to purchase products shown on our Site. Your order is an offer to buy such goods, which we accept only by shipping the product(s) ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, product unavailability, or any other reason. Free shipping is only applicable to U.S. orders and international orders of $200 USD or more.

5.2 Product Descriptions

We attempt to describe our products on the Site as accurately as possible. However, the appearance of products may vary, and we make no guarantees with respect to the accuracy, completeness, reliability, or currency of the product descriptions and images on our Site.

5.3 Assembly & Use

Please follow any assembly and usage instructions included with products carefully. Our products involve electrical muscle stimulation (“EMS”) technology and must be used as directed. We are not responsible for any improper assembly, misuse, or use against medical or safety guidance.

5.4 Prices

All prices displayed via the Site are subject to change at any time in TitanBody’s sole discretion without notice. Unless otherwise noted, all prices are displayed in U.S. dollars. The displayed prices do not include shipping, handling, or taxes (if applicable), which charges will be communicated to you at checkout. All prices are net of any sales, use, excise, value-added, and similar taxes imposed by any governmental authority. If you are located outside of the United States, you are responsible for remitting any applicable taxes to the relevant authorities upon delivery. We reserve the right to charge you for any taxes that may be required related to your purchase.

5.5 Quantities

Certain products may be available exclusively online and may have limited quantities. Such products are subject to return or exchange only in accordance with our Trial Period and Warranty Period. We reserve the right to limit quantities or discontinue any product at our discretion.

Section 6 – Payments

When you place an order with TitanBody, you agree that TitanBody may charge the credit card, debit card, or other approved payment method you have chosen, directly or through a third-party payment processor, for the total amount of your order (including any applicable taxes, shipping, handling, or other fees). We may cancel a payment or order at any time and prevent you from initiating future payments for any reason, including without limitation: (i) if your purchase or use of the Services violates any applicable law; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful, or improper payment activity; or (iv) if you fail to cooperate in an investigation or provide additional information when requested.

Section 7 – Theft After Delivery

We are not obligated to provide a reshipment if items are stolen after delivery has been confirmed. You may request, at the time of purchase, additional delivery precautions such as signature confirmation. Once delivery is confirmed at your address, TitanBody is not responsible for theft, loss, or damage occurring thereafter.

Section 8 – Trial Period

TitanBody products come with a thirty (30) day trial period (the “Trial Period”) for customer satisfaction. If you are not satisfied, you may return the product in like-new condition with all original packaging, accessories, and parts at any time prior to the expiration of the Trial Period. If any part of the product or packaging is missing, we reserve the right to refuse the return or deduct such amount from the refund at our discretion. Any loss or damage to the product will void the refund. Returns must be postmarked before the end of the Trial Period. Please contact us at support@titanbody.com to initiate a return. No returns will be accepted without a prior RMA request.

Section 9 – Return Period Limitation

Products may only be returned within the original return window for that specific item. If a defined return period applies—such as the 30-day trial—no returns will be accepted once that period has expired, regardless of any exchanges, replacements, or warranty claims that occur afterward. Replacement or repaired items do not restart or extend the original return window. All returns are subject to inspection and may incur a restocking fee or be denied if any components are missing or damaged. Customers are responsible for purchasing the return shipping label for any part or all of their order.

Section 10 – International Orders

If you are located outside of the United States, you are responsible for all import duties, customs fees, tariffs, taxes, and other charges imposed by your country. These fees are not included in the purchase price or shipping cost and are collected by your local customs authority. If you wish to return a product, you are responsible for all return shipping costs. Original shipping fees paid at the time of purchase are non-refundable. If an international shipment is refused, rejected, or abandoned due to unpaid import duties, customs fees, or failure to accept delivery, no refund will be issued until the unit is received back by TitanBody. Any return shipping fees, customs charges, or carrier handling fees incurred will be deducted from the refund. If a returned shipment is lost, damaged, or not successfully delivered back to TitanBody, the customer assumes full responsibility, and no refund will be issued.

Section 11 – Warranty

11.1 PowerBox Warranty

TitanBody warrants that the TitanBody PowerBox will operate in accordance with the specifications outlined in the accompanying User Manual for a period of three (3) years from the date of delivery (the “Warranty Period”).

11.2 EMS Suit Warranty

TitanBody warrants that the TitanBody EMS Suit will operate in accordance with the specifications outlined in the accompanying User Manual for a period of one (1) year from the date of delivery (the “Warranty Period”).

11.3 Coverage & Remedies

If a covered product fails to function properly during the applicable Warranty Period, you may return the product to TitanBody for evaluation. TitanBody will, at its sole discretion, either repair the product or provide a replacement unit. Monetary refunds are only available during the first thirty (30) days after purchase, as set forth under the Trial Period policy.

11.4 Exclusions & Limitations

This warranty is limited to personal, consumer use only. Products used in a commercial, professional, or studio setting are expressly excluded from warranty coverage. Additionally, the warranty does not extend to:

• Products subject to intentional damage, misuse, neglect, or improper assembly.
• Products lost, stolen, or water-damaged.
• Products that have been tampered with, modified, or altered in any way.
• Products resold or transferred by the original purchaser.

Section 12 – Disclaimer of Warranties

ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE SITE, APP, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE OR APP. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SITE, APP, OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE; (B) THE SITE, APP, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SITE OR APP OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Section 13 – Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TITANBODY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, LOSSES, FEES, COSTS, OR EXPENSES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF USE, LOSS OF GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, SITE, APP, OR ANY PRODUCTS PURCHASED, EVEN IF TITANBODY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IN NO EVENT WILL TITANBODY’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO TITANBODY FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

Section 14 – Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless TitanBody, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including but not limited to reasonable attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Site, App, products, or services; (2) information you submit or transmit through the Site and/or App; (3) your breach of these Terms, the documents they incorporate by reference, or the representations and warranties provided by you; or (4) your violation of any law or the rights of a third party.

Section 15 – Dispute Resolution by Mandatory Binding Arbitration & Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.1 Informal Resolution

If you have a complaint, dispute, or controversy, you agree to first contact us at support@titanbody.com to attempt to resolve the matter informally. Any controversy or claim arising out of or related to the use of the Site, App, any product, service, or these Terms, or your relationship with us, that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration as described below.

15.2 Arbitration

Except as prohibited by law, all claims arising out of or relating to your purchase, the Services, or these Terms shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted by a single neutral arbitrator in Broward County, Florida, unless both parties agree to conduct the arbitration by telephone or written submissions.

The arbitrator, and not any court, shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of these Terms. The arbitrator shall not conduct class arbitration, and you and TitanBody agree to waive any right to participate in a class action, class-wide arbitration, or any other representative proceeding. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including but not limited to those for any attorneys, experts, documents, and witnesses. The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1–16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims, except that all claims must be brought within one (1) year after the claim arises (the 1-year period includes the 120-day informal resolution period described above).

15.3 Class Action Waiver

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND TITANBODY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. DISPUTES WILL ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED, ON A CLASS-WIDE, REPRESENTATIVE BASIS, OR WITH ANY OTHER ARBITRATIONS OR PROCEEDINGS THAT INVOLVE ANY CLAIM OF ANY OTHER PARTY.

15.4 Thirty-Day Right to Opt Out of Arbitration

You have the right to opt out of the arbitration provision by sending written notice of your decision to opt out within thirty (30) days of first registering for or using the Services to: TitanBody™ LLC, 474 SW 12th Ave, Deerfield Beach, FL 33442, Attn: Legal Department. If you opt out, neither you nor TitanBody will be bound by the arbitration provisions. However, all other terms remain in effect.

Section 16 – Prohibited Activities

You may not access or use the Services for any purpose other than as provided. Prohibited activities include, without limitation:

• Criminal or tortious conduct, intellectual property infringement, or any activity inconsistent with applicable laws.
• Using the Services to harass, abuse, stalk, or harm another person, or attempting to impersonate another user.
• Introducing, transmitting, or storing viruses, malware, or other malicious code.
• Hacking, scraping, crawling, or otherwise attempting to access the Site or App in an unauthorized manner.
• Interfering with the security or operation of the Site, App, or Services.
• Sending any unsolicited commercial communications (spam).
• Importing sensitive personal information (social security numbers, credit card data, passwords) into any system hosted by TitanBody.
• Any dishonest or unethical business practice or any violation of law.

Section 17 – Submitted Materials & User Content

Unless specifically requested, we do not solicit and do not wish to receive confidential, secret, or proprietary information from you through the Site or otherwise. Any and all comments, information, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted by you (“Submitted Materials”) will be deemed non-confidential and may be used by TitanBody in any manner consistent with these Terms and our Privacy Policy. By submitting materials, you represent and warrant that they are original to you, no other party has rights to them, and that you grant TitanBody and its affiliates a royalty-free, worldwide, perpetual, irrevocable, and non-exclusive license to use, copy, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from these materials.

Section 18 – Use of Publicly Shared Content

By tagging or mentioning TitanBody or any affiliated accounts on social media or other public platforms, you grant TitanBody a royalty-free, worldwide, perpetual, irrevocable, and non-exclusive license to use, reproduce, display, distribute, and otherwise exploit such content—including any images, videos, captions, or comments—for marketing and promotional purposes. This includes, but is not limited to, use on TitanBody’s websites, social media pages, email campaigns, print materials, and digital advertisements. You represent and warrant that you have the right to share such content and that its use by TitanBody will not infringe upon the rights of any third party.

Section 19 – Third-Party Websites

This Site may include links to other third-party websites (“Linked Sites”). These links are provided only for your convenience. We do not control, endorse, or approve any content on the Linked Sites, and you access and use them at your own risk. We encourage you to review the privacy policies and terms and conditions of Linked Sites, as TitanBody disclaims any and all liability in connection with them.

Section 20 – Communications / Text Messages

As permitted by applicable law, when you communicate with us electronically and submit your information via email, text, or otherwise, you consent to receive communications from us electronically. We are not obligated to respond to inquiries we receive. All agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. By entering your wireless telephone number, you confirm your consent for TitanBody to send you text messages. Standard message and data rates may apply. Reply “STOP” to opt out at any time.

Section 21 – Privacy Policy

In connection with your use of the Site and Services, you expressly agree to TitanBody’s Privacy Policy. Please read the Privacy Policy carefully to learn how we use the information we collect. The Privacy Policy is part of these Terms, and by using the Services, you agree that we may use your information as described therein.

Section 22 – Governing Law & Venue

These Terms and any issue or dispute arising out of or otherwise related to these Terms or your access to or use of the Site and/or App shall be governed exclusively by the laws of the State of Florida without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or a court of competent jurisdiction to be excluded from the arbitration agreement, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Broward County, Florida, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts.

Section 23 – Additional Remedies

In order to prevent or limit irreparable injury to TitanBody, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of TitanBody or a third party, TitanBody shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Broward County, Florida.

Section 24 – Cancellation / Termination

We may suspend or terminate your use of the Services or your User Account at any time if you violate these Terms, or for any other reason at our discretion. You may terminate your User Account by contacting support@titanbody.com. Provisions related to ownership, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and the liability waiver survive termination.

Section 25 – Force Majeure

TitanBody shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond TitanBody’s reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, labor disputes, communication failures, pandemics, epidemics, or governmental actions.

Section 26 – Amendments

These Terms may be amended by TitanBody from time to time. We will post updates on the Site, and your continued use of the Services after such changes are posted will constitute acceptance of the updated Terms. If you do not accept the amended terms, you must discontinue use of the Site and Services and terminate your User Account. It is your responsibility to check our Site periodically for changes.

Section 27 – No Oral Modifications

Employees of TitanBody are not authorized to modify these Terms, either verbally or in writing. You may not rely on any statement or communication that alters these Terms unless made in writing and signed by an authorized representative of TitanBody.

Section 28 – No Agency Created

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and TitanBody. You have no authority to bind TitanBody in any manner.

Section 29 – Non-Waiver

The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Section 30 – Assignment

These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent. We may transfer, assign, or delegate these Terms and our related rights and obligations without obtaining your consent.

Section 31 – Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect and enforceable.

Section 32 – Electronic Signature

All information communicated on the Site and/or App is considered an electronic communication. When you communicate with TitanBody through or on the Site and/or App or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Section 33 – Entire Agreement

These Terms, along with the Privacy Policy and any other legal notices published by TitanBody on the Site, constitute the entire agreement between you and TitanBody concerning your use of the Services, and supersede all prior agreements, representations, or communications, whether written or oral.

Section 34 – Contact Us

If you have any questions about these Terms or your User Account, you may contact us:

TitanBody™ LLC
474 SW 12th Ave
Deerfield Beach, FL 33442
Attn: Legal Department

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

Email: hello@titanbody.com

Address: 474 SW 12th Ave, Deerfield Beach, FL 33442