Terms & Conditions

Effective Date: December 9, 2025

These Terms & Conditions ("Terms," "Agreement") govern your access to and use of the services provided by TOTUM LLC ("TOTUM," "we," "us," or "our"), including our website (totumone.com), mobile application (the "App"), and related online platforms (collectively, the "Services"). The Services include a health and wellness marketplace where users can track nutrition and fitness, access programs and content, and engage with a community of coaches, creators, and merchants. Studio owners can manage wellness businesses, sell programs, handle scheduling, and process payments through an all-in-one dashboard.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy (available at totumone.com/privacy-policy). If you do not agree, do not use the Services. These Terms apply to all users, including individual users ("Users") seeking health and wellness tools, and studio owners ("Studio Owners") managing businesses.

We may update these Terms at any time. Changes will be posted here with the updated effective date, and we may notify you via email or in-App. Continued use after changes constitutes acceptance.

Eligibility

To use the Services:

  • You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account, make purchases, or become a Studio Owner.
  • Users under 18 but at least 13 may use the Services with parental/guardian consent and supervision; those under 13 are prohibited.
  • You must comply with all applicable laws and not be barred from using the Services under any jurisdiction.
  • For health features (e.g., tracking, Goal Body™), additional age restrictions may apply (e.g., 16+ in some regions for sensitive data).

If you represent a business or entity, you warrant you have authority to bind it to these Terms.

Accounts and Registration

To access most features, you must create an account with accurate information (e.g., name, email, password). Studio Owners must provide additional details (e.g., business name, tax ID, bank info for payouts).

  • Responsibilities: Keep your account secure; you are responsible for all activity. Notify us immediately of unauthorized access at admin@totum.coach.
  • Verification: We may require identity verification for certain features (e.g., payouts), including additional documentation (e.g., government ID, address proof) to comply with anti-money laundering (AML) laws, know-your-customer (KYC) requirements, and sanctions screening. You warrant that you are not located in an embargoed country or listed on any sanctions list (e.g., OFAC).
  • Multiple Accounts: Prohibited without permission; violations may lead to suspension.
  • Termination: We may suspend or terminate accounts for breaches, as detailed below. Violations of AML/KYC requirements may result in account suspension, fund withholding, or reporting to authorities.

Services and Features

The Services provide tools for wellness tracking, content access, community engagement, and business management. Key features include:

  • User Tools: Track workouts, nutrition, goals; connect wearables (e.g., Whoop, Garmin, Fitbit, Oura, Apple HealthKit, Google Health Connect); participate in challenges; purchase programs/subscriptions.
  • Studio Owner Tools: Manage scheduling, CRM, storefronts, client interactions; sell programs; process payments via Stripe Connect.
  • Community: Share posts, comments, reviews; connect with coaches/creators.
  • Goal Body™: Patent-pending trademarked feature for uploading/tracking body progress photos (non-explicit, user-owned/consented; moderated for compliance). Photos must be owned by you or uploaded with explicit consent; you indemnify us for claims. We use AI for analysis (opt-out via settings); no sharing without permission. AI analysis is for informational purposes only and not guaranteed accurate.
  • Sales Bonus Program: Rewards Studio Owners/Creators for referrals/sales milestones. Participation optional; opt-in via dashboard. We collect referral/earnings data; bonuses paid via Stripe Connect. Program may be modified/terminated at our discretion; taxes are your responsibility.

Use is for personal, non-commercial purposes unless you're a Studio Owner/Creator. We may add/remove features without notice.

Health and Safety

You acknowledge that the Services involve physical activities, health tracking, and recommendations that carry inherent risks, including but not limited to injury, strain, or adverse health effects. By using the Services:

  • You confirm that you have no medical conditions (e.g., heart issues, pregnancy, joint problems) that contraindicate participation, or you have obtained physician approval.
  • You waive and release TOTUM from any claims, liabilities, or damages arising from injuries, illnesses, or losses related to your use of workouts, programs, AI insights, or integrations.
  • You agree to use the Services at your own risk and consult a healthcare professional before starting any fitness or nutrition regimen. The Services are not substitutes for medical advice, diagnosis, or treatment.

We are not liable for inaccuracies in health data from wearables or user inputs.

Payments and Processing of Funds

TOTUM uses Stripe Connect for secure payments, subscriptions, and payouts. You authorize us to charge your payment method for purchases.

  • For Users: Pay for programs, subscriptions, classes. All sales final unless stated; refunds per Studio Owner policy or our discretion.
  • For Studio Owners (Connected Accounts): We facilitate payouts from earnings. Share transaction data (e.g., name, email) for processing. Authorize Stripe to reserve funds for disputes/fees. Comply with PCI DSS; we don't store full card details.
  • Fees and Taxes: You pay applicable fees/taxes; we may deduct platform fees (e.g., 20% on sales) and withhold taxes as required by law (e.g., for non-US residents). You are responsible for reporting and paying taxes on earnings.
  • Refunds/Chargebacks: Handled per our Refund Policy (available at totumone.com/refund-policy). Refunds may be issued within 14 days for unused services (less fees); no refunds for digital content after access. Excessive chargebacks may result in fees, suspension, or termination. We may contest invalid chargebacks.

See Stripe's Terms for details; you agree to them when using payments.

User Content and Intellectual Property

You retain ownership of content you upload (e.g., photos, posts, reviews, programs – "User Content"). By uploading, you grant TOTUM a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, and display it for providing/improving Services, including AI analysis for Goal Body™.

  • Representations: Warrant your Content is original/authorized, non-infringing, compliant with laws/Terms (no explicit, illegal, harmful material). For Goal Body™, photos must be non-explicit; violations lead to removal/suspension.
  • Moderation: We may review/remove Content violating Terms (e.g., nudity, hate speech, spam). No obligation to monitor.
  • TOTUM IP: Services, trademarks (e.g., Goal Body™), content are owned by us/licensors. Limited license for personal use; no reverse-engineering, copying, or commercial use.

Indemnify us for claims from your Content/activities.

Prohibited Conduct

You agree not to:

  • Violate laws, rights, or these Terms.
  • Upload harmful, explicit, infringing, or misleading Content.
  • Harass, spam, or impersonate others.
  • Use automated tools to scrape/access Services.
  • Interfere with security/features.
  • Sell/share accounts.
  • Misuse integrations (e.g., falsify health data).
  • Engage in fraudulent payments/chargebacks.
  • Use the Services in embargoed countries or if you are a sanctioned individual.

For Studio Owners: Obtain User consent for sharing data (e.g., rosters); comply with payment laws.

Violations may result in Content removal, account suspension/termination, without refund.

Informed Consent

As outlined in our Privacy Policy, we require informed consent for data processing. By using Services:

  • Users: Consent to health/activity data processing, sharing with coaches, uploads. Withdraw via settings (may limit features).
  • Studio Owners: Consent to business data sharing for tools; must obtain User consent for their data.
  • TOTUM LLC: Processes based on consent, contract, legitimate interests, or law.

Parental consent required for minors (under 13 prohibited; 13-16 for health data in some regions).

Termination and Suspension

You may delete your account via Profile > Settings > Delete Account; data deleted per Privacy Policy.

We may suspend/terminate for breaches, legal requirements, or any reason, with/without notice. Upon termination:

  • Access revoked; no refunds for prepaid services.
  • Licenses survive for ongoing uses.
  • Obligations (e.g., indemnities, liabilities) continue.

Disclaimers and Limitations of Liability

Services provided "AS IS" without warranties (express/implied, including fitness, merchantability, non-infringement). No guarantee of accuracy, availability, or results (e.g., health improvements).

TO MAXIMUM EXTENT PERMITTED BY LAW:

  • Not liable for indirect, consequential, incidental, punitive damages (e.g., lost data, profits, injuries from use).
  • Total liability limited to amounts you paid us in prior 12 months (or $100 if none).
  • Not responsible for third-party content/services (e.g., coaches' programs, wearables).

You use at your own risk; consult professionals for health advice. Services not medical devices/treatments.

Indemnification

You indemnify, defend, hold harmless TOTUM, affiliates, officers, employees from claims, losses, liabilities arising from your use, Content, breaches, or violations.

Dispute Resolution

  • Informal: Contact admin@totum.coach first for disputes.
  • Arbitration: For US users, binding individual arbitration under AAA rules (no class actions/jury trials). You and we waive rights to class/representative actions or jury trials. Opt-out within 30 days by emailing admin@totum.coach with your name, address, and clear opt-out statement. Costs shared; small claims excepted.
  • Governing Law: New York law (without conflicts); exclusive jurisdiction in Orlando, Florida courts (or arbitration).

For EU/UK/Swiss users: Governed by local laws; disputes in local courts. EEA consumers have 14-day withdrawal right for services not yet started—exercise by emailing admin@totum.coach.

Use the EU Online Dispute Resolution (ODR) platform for complaints: https://ec.europa.eu/odr.

Miscellaneous

  • Entire Agreement: These Terms, Privacy Policy supersede prior agreements.
  • Severability: Invalid provisions severed; rest enforceable.
  • No Waiver: Failure to enforce not waiver.
  • Assignment: We may assign; you may not without consent.
  • Force Majeure: Not liable for delays beyond control (e.g., pandemics, cyberattacks, natural disasters).
  • Contact: admin@totum.coach; TOTUM LLC. Notices to us must be sent to this email.

By using the Services, you acknowledge reading/understanding these Terms.