SWYCH FIT - TERMS OF USE
1. Introduction and Terms and Conditions of use
1 .1. The mobile application “SWYCH FIT” (“App”) is owned by "SWYCH, LLC" (“Trainer” or “Trainers”, “we” or “our” or “us”), a certified fitness Trainer from the USA and having its principal place of business in Sarasota, USA.
1.2. App is a product that allows personal trainers, wellness coaches and nutritionists (collectively, the “Trainers”) to provide training and coaching and interact with their clients (the “Clients”). App assists the Trainers in administering their business activities, i.e., to manage Clients, create workout plans, meal plans, recipes, and exercises, track the progress of the Clients, and upload and store documents, videos, and other files supporting Trainers’ business activities. App also allows the Clients to interact with the Trainers through the App and track their progress in the field of fitness, diet, and healthy lifestyle.
1.3. Any person using our App (“User” or “you”) shall be presumed to have read the Terms of Use (which includes the Disclaimer and Privacy Policy, separately provided on the App) and has unconditionally accepted the terms and conditions of use and these constitute a binding and enforceable agreement between the User and the Trainer.
1.4. The User of the App are governed by the following terms and conditions ("Terms of Use") including the applicable policies which are incorporated herein by way of reference. By mere use of App, the User shall be under a binding obligation to comply with these terms and conditions including the policies mentioned hereinafter.
1.5. For the purpose of these Terms of Use, wherever the context so requires "User” shall mean any natural or legal person who has agreed to these Terms of Use on behalf of herself / himself or any other legal entity.
1.6. For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the use of App, including the User Content (as defined hereinafter).
1.7. The Terms of Use may be revised or altered by the Trainer at its sole discretion at any time without any prior intimation to the Users. The latest Terms of Use will be posted here. By continuing to use or access App after changes are made, you agree to be bound by the revised/ altered Terms of Use.
2. Eligibility
2.1. Any person who is above 18 (eighteen) years of age and competent to contract under applicable laws is eligible to use / download the App. Your use and download of the App shall be treated as your representation that you are competent to contract.
2.2. The User represents and warrants that the User will be responsible, for all of the User's use of App (as well as use of User's account by others) and that the Trainer shall not be attributed with any liability for the content posted by you. Further, the Trainer shall not be responsible for any damage or injury caused (physical or otherwise). The Terms of Use shall be void where prohibited by applicable laws, and the use of App shall automatically stand revoked in such cases.
3. Account and Registration
3.1. In order to use the App, you must first register and create an account with us (“User Account”). As a first step, you are required to download the App and create an account. Before creating your User Account, you will be requested to read and accept these Terms, the Disclaimer, and review the Privacy Policy. The personal data related to your User Account will be processed in accordance with our Privacy Policy. Your User Account is not transferable, and you are solely responsible for any activities occurring through your User Account.
3.2. Any information provided to us during the registration process or otherwise, will be protected in accordance with our Privacy Policy separately provided on the App.
3.3. If you use App, you are responsible for maintaining the confidentiality of your password and other details in relation to your User Account and any activity that occurs in or through the User Account. By using App, you agree to immediately notify us about allegedly unauthorized use of your User Account or any other security breach related to your User Account. We will not be liable to any person for any loss or damage which may arise because of any failure by you to protect your password or User Account.
3.4. Any Client registering and creating a User Account hereby represents that they are duly authorized to do so. Further, the acceptance of these Terms of Use, they bind any business entity associated with them to these Terms of Use. At any time, you may delete your Account through the functionality of your User Account. Upon deactivation of the User Account, these Terms shall terminate.
3.5. If anyone other than yourself accesses your User Account, they may perform any actions available to you, make changes to your User Account, and accept any legal terms available therein, make various representations and warranties etc. Any such action/ activity will be deemed to have occurred on your behalf and in your name. The App has firewalls in place to protect the User Content but it does not guarantee any unauthorized access by any third party of your User Content. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting our Grievance Officer. If we have reason to believe that there is likely to be a breach of security or misuse of App, we may require you to change your password or we may suspend your account without any liability whatsoever. Further, we reserve the right to suspend or terminate your User Account if, at our sole discretion, we have grounds to believe that your use of App seriously and repeatedly breaches the Terms of Use. We may also suspend or terminate your User Account upon a lawful request of a public authority.
3.6. You also agree and confirm that you will:
4. Fees and Payment Terms
4.1. Your use of App is subject to the applicable service fees (the “Fees”). The Fees and payment terms related thereto are communicated by us to you personally, upon your request, by email or phone. The Fees shall be charged in United State dollars (USD) currency. The Fees are charged automatically on a monthly basis, until you stop your subscription. By purchasing a subscription to use App, you agree to pay the Fees upon these Terms. The Fees are subject to a change without a prior notice. Any changes to the Fees will be made available to you and, if necessary, we will request you to provide your consent to the changes of the Fees.
4.2. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Unless otherwise stated in the schedule of the Fees, you are responsible for paying all applicable taxes.
4.3. You shall be entitled to use a valid credit/debit and/or any other payment cards (“Virtual Payment Modes”) which shall be processed by our third-party payment processor (“Payment Processor”) for payments including the Fees and the payments made by the Clients. The Payment Processor is solely responsible for handling your payments. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processor refused the payment for any other reason. The Payment Processor may collect from you some personal data, which will allow them to make the payments requested by you (e.g., your name, and credit card details). The Payment Processor handles all the steps in the payment process on its website, including data collection and data processing. We do not store your credit card details in our systems.
4.4. You agree and accept that all nuances and modalities relating to Virtual Payment Modes shall be separately governed by the Payment Processor. We would not be responsible, in any manner whatsoever, for any liability that may arise in relation to any aspect of/ relating to the Virtual Payment Modes (including any fraudulent transaction). The payments made on the App are non-refundable.
4.5. We will not be liable for the loss of any nature whatsoever caused to you arising, directly or indirectly, out of decline of authorization for any transaction, resulting from you exceeding your pre-set permissible payment limit under Virtual Payment modes, as applicable.
5. Availability
5.1. We will take all reasonable efforts to ensure that our services on App are operational and uninterrupted. In case of certain technical difficulties, routine site maintenance/upgrades and any other event outside our control may, from time to time, result in temporary service interruptions. We also reserve the right at any time and from any time to modify, suspend or discontinue, temporarily or permanently, the App or any part thereof with or without notice. You agree that we shall not be liable to you or any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the use / access to App.
6. User Content
6.1. We may allow you to create, post, share, upload and submit the Content on or through the App (“User Content”). You will be entitled to own the rights in such User Content. The User shall be solely responsible for the User Content and assume all risks associated with it, without any limitation.
6.2. By submitting or uploading or posting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to copy and store User Content as a back-up in our systems. We shall not distribute, publish or process the User Content to any third-party unless required under the law. You will ensure that your Content does not violate the Terms of use and other applicable laws including all intellectual property rights associated therewith.
6.3. You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third-party partners. We will not be responsible or liable for any use of your User Content by us in accordance with these Terms. We do not guarantee any confidentiality with respect to any User Content that you may submit. By submitting or posting the User Content, you represent and warrant that you have full and unrestricted rights, power and authority necessary to grant the rights, granted in relation to any User Content that you submit. You also represent and warrant that the posting of your User Content or usage of such User Content in accordance with the terms hereof does not violate any right of any party, including copyrights, privacy rights, publicity rights, trademarks, contract rights, or any other intellectual property rights.
6.4. The Trainer in order to ensure the security of the App, may (but have no obligation to)monitor or review Your Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates the Terms of Use or may harm the reputation and goodwill of App. However, you remain solely responsible for Your Content. You may delete your User Content or User Account at any time.
6.5. You are not permitted to disclose publicly, the personal data of persons without their prior authorization or consent to share that personal data (e.g., you cannot publish name, photos, videos, and contact details of a person who has not allowed you to do so) through Your Content.
7. Other Representations, Warranties and Covenants
7.1. You understand and undertake that you shall be solely responsible for the Registration Data and the User Content and undertake neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
7.2. You agree and understand that the Trainer reserves the right to remove and/or edit such detail / information. If you think that some of the content available on App is inappropriate, infringes the Terms of Use, applicable laws, or your right to privacy, please contact us immediately at swychfit@swych.com and report the content that is, in your opinion, inappropriate. If any content is reported as inappropriate, we will immediately delete such content from App.
7.3. You shall not, directly or indirectly attempt to gain unauthorized access App, other Users’ account(s), computer systems and/or networks connected to the App through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
8. Force Majeure
8.1. We will not be liable for any failure and/or delay on our part in performing any obligation under the Terms of Use and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by you if such failure and/or delay is result of or arising out of a Force Majeure Event, as defined hereunder.
8.2. For the purposes of these Terms of Use, “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Trainer, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government including change in law, governmental orders or restrictions, breakdown and/or hacking of the App, such that it is impossible to perform the obligations under the Terms of Use, or any other cause or circumstances beyond the control of the Trainer hereto which prevents timely fulfilment of obligation of the Trainer hereunder. It is hereby clarified that the failure to make a payment of money by the User will not be considered to be a Force Majeure Event.
9. User’s liability
9.1. The User represents and warrants that all the information provided by the User are true, correct and complete and if found to be untrue, incorrect or incomplete, the Trainer has the right to take any action it deems fit in relation to the particular circumstances without any limitations.
9.2. The User represents and warrants that the User is fully aware of all the applicable laws particularly governing the use of App and that the User is not violating or attempting to violate any applicable laws.
9.3. The User acknowledges and agrees that the Trainer is not liable for any damages caused including bodily injury caused due to use of Services through this App.
10. Restriction on use of Content
10.1. The information and Content provided App is an exclusive property of the Trainer and is protected by applicable intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute the same or any part of the App without the express permission of the Trainer. The User agrees to use this App in accordance with the Terms of Use.
10.2. Further, the User shall not: (i) interfere or attempt to interfere with the proper working of the services or any activities conducted on the App; (ii) take or attempt to take any action that might damage, disable or overburden our infrastructure; (iii) bypass, circumvent or attempt to bypass or circumvent any measures that the Trainer uses to prevent or restrict access to the services and/ or the Content; (iv) run any form of auto-responder or "spam" on the services and/ or the Content; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the App and/ or the Content, unless the same is done in accordance with the provisions of our robots.txt file; (vi) harvest or scrape any Content from App; (vii) copy, reproduce, decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code of or underlying ideas or algorithms of any part of the App and/ or Content; (viii) modify, translate, or otherwise create derivative works of any part of the App, (ix) retransmit, distribute, disseminate, sell, perform, make available to third parties, or exploit for any purposes (including, without limitation, personal, non-commercial use) without express prior written consent from us ; or (x) otherwise take any action in violation of our Terms of Use.
10.3. The Trainer has the right to access, read, preserve, and disclose any information as it reasonably believes is necessary: (i) under any applicable laws or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect its rights, property or safety along with that of its Users and the public.
11. Limitation of Liability
11.1. Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of App or any content made available through App. You agree not to hold us and any of our Trainers / staff members liable in respect of any losses arising out of any event or events beyond our reasonable control.
11.2. We will not be liable to you for any indirect or consequential losses, which may be incurred by you, such as:
12. Indemnification
12.1. You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, and SWYCH harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of this Terms of Use, your use of App, or your violation of any law or the rights of a third party.
13. Geographical Extent
13.1. The App can be accessed in and from all jurisdictions across the world. We make no representation that materials or Content available through our App are appropriate or available for all these jurisdictions.
13.2. If You use the App from a country or location apart from the United State of America, you are solely responsible for compliance with necessary laws and regulations for use of the App, in your jurisdiction.
14. Intellectual Property Rights
14.1. The Content available through the App may be viewed and used only for your personal, non-commercial use. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the App, and we reserve all rights not expressly granted hereunder. We do not permit copyright infringing activities and infringement of intellectual property rights on or through the App. We request that you promptly notify us in writing upon your discovery of any unauthorized use or infringement of the App. You agree not to make use of the Content in a manner that would infringe the copyright and trademark therein.
14.2. You also acknowledge and agree that any feedback, comment or suggestion you may provide is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation or compensation to you.
15. Jurisdiction and Applicable Law
15.1. Terms of Use shall be governed by and interpreted and construed in accordance with the laws of USA (“applicable laws” or “laws”). The courts at [∙] shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.
16. Complaints and Grievance Redressal
16.1. Any complaints or concerns with regards to content of this App or comment or breach of these Terms of Use or any intellectual property of any user shall be immediately reported to the designated Grievance Officer as mentioned below via email signed with the electronic signature.
Name: SWYCH, LLC
Email: swychfit@swych.com
17. Miscellaneous
6. Assignment: You are not allowed to assign your rights under these Terms of Use. We are entitled to transfer our rights and obligations under these Terms of Use entirely or partially to a third party without giving prior notice to you. If you do not agree to the transfer, you can terminate these Terms of Use with immediate effect by deleting the User Account, canceling the Fees, and stopping to use App.
7. It is clarified that the Disclaimer and the Privacy Policy provided separately form an integral part of these Terms of Use of the App and should be read in conjunction.
DISCLAIMER
No Warranties
In addition to the disclaimers provided in the Terms of Use, it is further provided that this App and all Content are provided on an “as is” and “as available” basis without any representations or warranties, express or implied. “SWYCH, LLC” (the “Trainer” or “we” or “our” or “us”) make(s) no representations or warranties in relation to this App or the information and materials provided on this App. Without prejudice to the generality of the foregoing, we do not warrant that:
Nothing on this App constitutes, or is meant to constitute, advice of any kind. While we strive to ensure that the information contained in this App is accurate and reliable, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and we assume no liability or responsibility for any omission or error in the content of this App. The information and materials contained on this App are subject to change without notice, are provided for general information only and should not be used as a basis for making business or financial decisions.
Despite best efforts of the Trainer to provide accurate information on the App, it is not possible to ensure that all the information provided here is up to date. The App hosts information and Content provided by third parties and we are in no manner responsible for the accuracy, legitimacy and truthfulness of the information so hosted. You agree to not hold us liable for the incorrectness of any such provided information. Any advice or information received through this App should not be relied upon without consulting primary, accurate and up-to-date sources of information or specific professional advice. The Contents available on this App are protected by copyright law. You may not otherwise change, reproduce, modify, distribute, publicly display the materials available on this App in any way, unless authorized by us or the respective copyright owner(s).
Limitations of Liability
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the Contents of, or use of, or otherwise in connection with, this App:
These limitations of liability apply even if we have been expressly advised of the potential loss. You further acknowledge that SWYCH will not be liable to you.
Further Disclaimers
The Contents in the App may be offensive, harmful, objectionable, indecent, unlawful, inaccurate or inappropriate to some people. The Content does not reflect our opinions or policies and we do not endorse any Content on the App. We may, but are not required to, monitor Content, restrict or remove Content, and suspend or delete a User Account that we determine at our sole discretion is inappropriate or for any other reason. Under no circumstances do we assume any responsibility or liability whatsoever for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content made available through the Services, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such Content. Any use or reliance on any Content by you through the Services is at your own risk and liability.
It is clarified that this Disclaimer and the Privacy Policy provided separately form an integral part of the Terms of Use of the App and should be read in conjunction. Illegality or unenforceability of one or more Terms of Use shall not affect the legality and enforceability of the other terms of the App.
Capitalized terms used herein and not defined shall have the meaning assigned to them in the Terms of Use.
SWYCH Transformation Challenge Terms & Conditons.
The 60 Day Transformation Challenge (“The Challenge”) is sponsored by SWYCH, LLC (“SWYCH”).
There is no cost to enter. You do not have to use SWYCH products to get full access and to participate in a transfor-
mation challenge. However, to be a SWYCH Transformation Challenge Winner you would have to be using SWYCH
products during the challenge (products can be purchased after registration). We will be looking for winners
who made the best transformation while using SWYCH products. Winners will have their stories and
photos shared on SWYCH social media. A SWYCH product purchase must be made in both Aug. & Sept. 2025
from the SWYCH, LLC website - SWYCH.com. Purchasing the 60 SWYCH Challenge Pack will also qualify.
ELIGIBILITY:
The Challenge is open to anyone who is 18 years of age or older at the time The Challenge commences. They
can be SWYCH Social Promoters or Customers. To qualify for a prize and be a winner of The Challenge, the
Participant is prohibited from entering into any other fitness and/or transformational challenge(s) by
another company at the same time. The Challenge is subject to all federal, state and local laws and regulations
and is void where prohibited by law or regulation. Participants agree to abide by the terms of these official rules
and by the decisions of SWYCH, which are final and binding on all matters pertaining to The Challenge. SWYCH
reserves the right to disqualify any participant that it determines, in its sole discretion, is ineligible to
participate in the Challenge.
IMPORTANT DIRECTIONS & DATES:
Registration Starts July 28th, 2025
Photo/Video Upload - Upload Week 1 Photos & Videos with Challenge Sheet by Friday, August 1st.
The Challenge Starts Friday, August 1st
1. Download & Registser on the App @ SWYCHfit.com
2. Challenge Sheets will be available 1 week before start date. Download and print the Challenge Sheet and
take 3 pictures along with a full body video holding up the Challenge Sheet with front, side and back views.
3. Update Progress and enter log current weight, then and upload week 1 photos & video of front, side and
back views. All photos & videos must include Challenge Sheet.
Challenge Starts: Friday, August 1st, 2025
Challenge End: At the end of the contest, each contestant must upload final progress photos & videos with Chal-
lenge Sheet (showing front, side and back views) and weight by 11:59pm EST on Sunday, September 28, 2025.
Winners will be announced at the SWYCH Imagine More event in Tamp, FL on October 4th, 2025 and on the
SWYCH Transformation Challenge FB page and SWYCH’s social media. SWYCH reserves the right to modify or
change the dates of The Challenge at any time.
PROGRESS PHOTO/VIDEO UPLOAD SCHEDULE:
Uploading week 1 and week 8 photos & videos with Challenge Sheet is required. Uploading week 2-7 progress
photos is not mandatory but highly recommended.
You can start uploading Week 1 photos & videos starting July 28th, 2025.
• Challenge Start Date = August 1, 2025
• Week 1 End Date = Sunday August 10th 2025
• Week 2 End Date = Sunday August 17th 2025
• Week 3 End Date = Sunday August 24th 2025
• Week 4 End Date = Sunday August 31st 2025
• Week 5 End Date = Sunday September 7th 2025
• Week 6 End Date = Sunday September 14th 2025
• Week 7 End Date = Sunday September 21st 2025
• Week 8 End Date = Sunday September 28th 2025
DURING THE CHALLENGE:
Continuously update your weight and photos in the SWYCH FIT App. Share your videos and pictures on your
social media as it will help us follow your journey. All winner’s stories will be told on SWYCH social media to
motivate others!
Here are some ideas to post.
1. Your day 1 picture and progress pictures & videos.
2. Exercise videos
3. Gym selfies
4. Pictures & videos of products you take and why
5. Also use your Instagram stories
6. Create a YouTube channel and upload your videos on there too. Documenting your fitness journey will
also show us if you have what it takes to be a SWYCH promoter. Be sure to hashtag #SWYCH
#SWYCHFIT #SWYCHtransformationchallenge #imaginemore and TAG us in your pictures, videos and
captions.
If you have a friend that would like to join, please forward them challenge registration link via text.
PRIZES:
There will be Ten (10) Total Winners.
The prizes will be as follows:
• 1st Place - $10,000
• 2nd Place - $3,000
• 3rd Place - $2,000
• 4th Place - $2,000 in SWYCH Products
• 5th Place - $2,000 in SWYCH Products
• 6th Place - $2,000 in SWYCH Products
• 7th Place - $1,000 in SWYCH Products
• 8th Place - $1,000 in SWYCH Products
• 9th Place - $1,000 in SWYCH Products
• 10th Place - $1,000 in SWYCH Products
Prizes must be claimed within thirty (30) days. Prizes are not redeemable for cash. Prizes are not transferable, and
no substitutions are allowed except by SWYCH, who reserves the right to award a prize of equal or greater value if
the advertised prize is unavailable. Unclaimed prizes will not be awarded. All taxes and other expenses related to
any prize are the responsibility of the prize winners.
RULES ARE SUBJECT TO CHANGE
Please note that Challenge Rules are subject to change. The Challenge contestants will be notified of any changes
through SWYCH’s social media. It is the contestant’s responsibility to check SWYCH’s social media pages for updates.
CONFIDENTIALITY:
All content shared within The Challenge is confidential. Contestants agree to not disseminate any information post-
ed or shared in The Challenge with SWYCH competitors. Any content disseminated in violation of these rules will be
grounds for disqualification from The Challenge and any future Challenges and legal action.
RELEASE:
Participation in The Challenge grants Sponsor the right to use, publish, adapt, edit and/or modify such entry in any
way, in whole or in part, and to use such entry alone or in combination with other works, as solely determined by
Sponsor, in commerce and trade and in any and all media now known or hereafter discovered, worldwide, including
but not limited to the SWYCH.com website and social media, without limitation or compensation to the Participant
and without right of notice, review or approval of any such use of the entry in perpetuity. Contestants must be 18
and over to be eligible to enter the program. Submission of an entry further constitutes the Contestant’s consent to
irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the entry, including but
not limited to all intellectual property rights. Prior to awarding any prize, the Contestant must agree to the terms of
these Official Rules and to sign and return any required Affidavit, Liability and Publicity Releases. Contestants agree
to grant SWYCH the irrevocable right and permission to use, in any manner at all, any photographs and/or videos of
contestants posted in the dashboard, or on social media, in whole or in part, modified or altered, for any purposes
whatsoever. Except where prohibited, by accepting a prize, winner grants permission for Sponsor and its agents to
use his/her name, video, voice and/or likeness, for advertising and/or publicity purposes in any and all media now
known or hereinafter invented without territorial or time limitations and without additional compensation.
GENERAL DISCLAIMER:
This information provided by SWYCH is for informational and entertainment purposes only and is not intended as
medical advice nor is it a substitute for professional advice, diagnosis, or treatment of any disease or condition.
Consult your physician or health care practitioner before beginning any nutrition, supplementation or exercise pro-
gram. SWYCH does not assume any liability for the information provided in the Challenge. Any application of the
recommendations or use of the information is at your discretion and sole risk, and you specifically waive any right
to make any claim against SWYCH, its officers, directors, employees, agents or representatives as the result of the
use of such information.
COPYRIGHT:
All content shared by SWYCH in The Challenge is subject to copyrights owned by SWYCH and other entities. Any
reproduction, retransmission, or republication of all or any part of the information provided by SWYCH is strictly
prohibited and will result in immediately disqualification from The Challenge and any future contest.
GENERAL CONDITIONS/RESTRICTIONS:
To qualify for a prize and winner of The Challenge, the Participant is prohibited from entering into any other fitness
and/or transformational challenge(s) by another company at the same time. Winning or accepting any prize that
may be awarded in the Contest is contingent upon fulfilling all tax, regulatory, and legal obligations (including com-
pletion of any forms required in connection therewith) and any other requirements set forth in these Official Rules,
which shall all be solely at each contestant’s obligation. The judging panel’s decisions shall be final. SWYCH reserves
the right to cancel, suspend, and/or modify The Challenge and/or extend or delay the submission periods, judging
periods, winner announcements, prize awards, or any part of thereof for any reason.
LIMITATION OF LIABILITY:
If for any reason The Challenge is not capable of running as planned, including infection by computer virus, bugs,
tampering, unauthorized intervention, fraud, technical failures, or any other causes corrupt or affect the administra-
tion, security, fairness, integrity, or proper conduct of The Challenge, SWYCH reserves the right, in its sole discretion,
to disqualify any individual who tampers with The Challenge, and to cancel, terminate, modify or suspend The Chal-
lenge. SWYCH assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries.
SWYCH is not responsible for problems or technical malfunction of any telephone network or lines, computer online
systems, servers, or providers’ computer equipment, software, failure of any e-mail to be received by SWYCH on
account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof,
including any injury or damage to participant’s or any other person’s computer related to or resulting from partici-
pation or downloading any materials in this Contest.
CAUTION:
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
RELEASE AND INDEMNITY:
By participating in The Challenge, each participant agrees to release and hold SWYCH harmless from any and all
losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in The
Challenge and/or acceptance, possession, or use of any prize(s) including, without limitation, personal injuries,
death, property damages and any claims by third parties or otherwise based on publicity rights, defamation, or
invasion of privacy. Entrants acknowledge that SWYCH is not responsible or liable for any warranty, representation,
or guarantee, express or implied, in fact or in law, relative to any prize.
DISCLAIMER OF WARRANTIES:
IN NO EVENT WILL SWYCH, AND/OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWYCH SITE AND/OR THE CHALLENGE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CHALLENGE AND THE SWYCH SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.