TAUTUA FITNESS LLC — TERMS OF USE

Effective Date: 1/1/2024

Last Updated: [Insert Today’s Date]

Welcome to Tautua Fitness LLC (“Company,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of:

• Our website: www.tautuafitness.com
• Coaching services
• Digital products and CPAT training systems
• Membership areas, communities, and course platforms
• Mobile applications or integrations

By accessing or using any part of the Service, you agree to these Terms. If you do not agree, discontinue use immediately.

“You” refers to any visitor, user, or customer of our Site or Services.

1. PRIVACY POLICY

Your privacy matters to us.
Please refer to our Privacy Policy (https://coach.tautuafitness.com/tautua-privacy-policy), which explains how we collect, use, and protect your information.

Your continued use of the Service means you accept the Privacy Policy.

2. ABOUT THE SERVICE

Tautua Fitness LLC provides:

• Online fitness, nutrition, and CPAT preparation coaching
• Digital courses, guides, and training systems
• Community and accountability programs
• Educational information related to health, performance, and wellbeing

Services may be updated, expanded, or modified at any time.

3. REGISTRATION & ACCOUNT SECURITY

To register for an account, you must:

• Be at least 13 years old
• Reside in the United States
• Provide accurate information

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
You must notify us immediately of unauthorized access.

We are not liable for any losses or damages resulting from unauthorized account use.

4. USE RESTRICTIONS

You agree that you will not:

• Use the Service for any unlawful purpose
• Collect personal data about other users
• Use the Service for commercial solicitation
• Distribute, copy, or share Service materials without permission
• Use automated systems (bots, crawlers, scripts)
• Interfere with Service functionality or security
• Circumvent access controls or restrictions
• Upload viruses or malicious content
• Provide false information

We may suspend or terminate your account for violations.

5. USER CONTENT & CONDUCT

Certain features may allow you to submit information (e.g., profile details, comments, progress updates).

“You are solely responsible for your User Content.”

You agree that you will not upload User Content that is:

• Abusive, threatening, harmful, or obscene
• False, misleading, or defamatory
• Racially, sexually, or otherwise offensive
• Copyrighted without permission

We may remove or restrict any User Content at our discretion.

License Grant

By submitting User Content, you grant Tautua Fitness LLC a worldwide, royalty-free, non-exclusive, transferable, perpetual license to:

• Use
• Reproduce
• Display
• Modify
• Publish
• Create derivative works

for the purpose of operating, improving, and promoting the Service.

You retain full ownership of your User Content.

6. COMMUNITY & SOCIAL FEATURES

We may provide forums, groups, coaching platforms, or messaging services.
You agree to use these respectfully and legally.
We are not responsible for User Content posted by others.

We reserve the right to moderate or remove content or accounts that violate community standards.

7. THIRD-PARTY LINKS & INTEGRATIONS

The Service may include links to third-party websites, applications, or platforms (e.g., TikTok Shop, Stripe, Trainerize).

We are not responsible for:

• Content
• Policies
• Accuracy
• Safety
• Practices

of any third-party site.

Your use of third-party services is at your own risk.

8. COPYRIGHT & DMCA POLICY

We respect intellectual property laws.

A. Repeat Infringer Policy

We may terminate accounts of users who repeatedly post copyrighted content without permission.

B. DMCA Take-Down Notices

If you believe your copyright has been infringed, submit a written notice to:

Tautua Fitness LLC – Copyright Agent
12385 S Race St
Olathe, KS 66061
Email: [email protected]

Your notice must include all elements required by 17 U.S.C. § 512(c)(3).

C. Counter-Notices

If you believe content was removed in error, send a counter-notice with the required information to the same address.

9. INTELLECTUAL PROPERTY OWNERSHIP

All content associated with Tautua Fitness LLC—including but not limited to:

• Programs
• Guides
• Training systems
• Videos
• Logos
• Branding
• Educational materials
• CPAT methods and frameworks is the exclusive property of Tautua Fitness LLC.

Unauthorized use, resale, or distribution is prohibited.

10. EMAIL CONSENT & ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receive:

• Emails
• Account notifications
• Program updates
• Legal notices
• Marketing messages (opt-out available)

You may unsubscribe at any time via the link in our emails or by contacting us.

11. HEALTH, FITNESS & SAFETY DISCLAIMER

Tautua Fitness LLC is not a medical provider.

All fitness, CPAT preparation, and nutrition guidance is educational only.

You agree that:

• Exercise involves risk
• You must consult a physician before beginning any program
• Results vary per individual
• No specific outcomes are guaranteed
• You assume full responsibility for your health and safety

We are not liable for injuries, medical issues, or damages arising from use of our Services.

12. PAYMENT, BILLING & REFUNDS

• All digital product sales are final.
• Coaching services follow refund terms displayed at purchase.
• Subscription/recurring charges continue until canceled by the user.
• You must keep billing information up to date.

Chargebacks initiated without contacting support may result in account termination.

13. TERMINATION

We may suspend or terminate access if you:

• Violate these Terms
• Abuse the Service
• Engage in harmful behavior
• Attempt unauthorized access
• Misuse content or intellectual property

We may also terminate services at our discretion.

14. WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant:

• Continuous operation
• Error-free Service
• Accuracy of content
• Prevention of security breaches

Some jurisdictions do not allow warranty exclusions; those parts may not apply.

15. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

Tautua Fitness LLC is not liable for:

• Injuries
• Loss of profits
• Data loss
• Business interruption
• Misuse of content
• User-generated content
• Third-party actions
• Technical failures

IN NO EVENT WILL OUR LIABILITY EXCEED THE AMOUNT PAID TO US IN THE LAST 12 MONTHS.

If you are a California resident, you waive Civil Code §1542.

16. MODIFICATIONS TO TERMS

We may update these Terms at any time.
Your continued use means you accept the updated Terms.
We will post changes prominently or notify users as required.

17. GOVERNING LAW

These Terms are governed by:

• The laws of the State of Kansas
• Applicable U.S. federal law

Any disputes will be resolved exclusively in Kansas courts.

18. ASSIGNMENT

We may assign or transfer these Terms at any time.
You may not assign your rights without our written consent.

19. CONTACT INFORMATION

For support, legal questions, or notices:

Tautua Fitness LLC
12385 S Race St
Olathe, KS 66061
Email: [email protected]

FINAL STATEMENT

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY.