Terms & Conditions

TERMS OF USE

“OUTSCALE COMPANY FZCO” (hereinafter referred to as “the Company”), is the entity responsible for maintaining the www.papainshape.com Website ("Site"). The following Terms of Use govern your use of the Site. Please take a moment to read and understand the following terms and conditions. By accessing or using our services, you agree to be bound by these terms and conditions. If you do not agree to these terms, please do not use our services. By accessing and using the Site, you explicitly agree to abide by these Terms of Use, as well as the www.papainshape.com privacy policy. Please be aware that the company reserves the right to modify these Terms of Use at any time, with immediate effect upon posting on the Site. We recommend periodically reviewing this page on the Site. Any updates to the Terms of Use will be clearly indicated at the bottom.

In the event of a violation of these Terms of Use, the company reserves the right to terminate your access to the Site, restrict your future usage, and pursue appropriate legal remedies against you.

LIMITED LICENSE

Subject to the terms and restrictions outlined in these Terms of Use, you are hereby granted a limited, non-exclusive, revocable, and non-transferable license to access and utilize the Site. It is important to note that the company retains the right to modify, suspend, or terminate any aspect of the Site at its discretion. Additionally, the company may impose limitations on specific features, services, or restrict your access to certain parts or the entirety of the Site, without prior notice or liability. Please be aware that you do not possess any rights to the proprietary software and accompanying documentation, if provided to you for accessing the Site. With the exception of what is expressly permitted in the Terms of Use, you are not authorized to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, create derivative works from, display, distribute, perform, or exploit the Site, its contents (including software), in whole or in part, directly or indirectly.

SITE OPERATION

The United Arab Emirates (U.A.E.) is our Country of Domicile. The company operates and manages this Site from within the U.A.E.

APPLICABLE LAW

The use of this Site and the Terms of Use shall be governed by the laws of the United Arab Emirates, without regard to conflict of laws principles. Any disputes arising in connection with this matter shall be exclusively heard by a competent court in the U.A.E.

INTELLECTUAL PROPERTY

Trademarks: PAPA IN SHAPE, www.papainshape.com, PAPA IN SHAPE logo (collectively, the “PAPA IN SHAPE Marks”) are trademarks or registered trademarks.

Other trademarks, service marks, graphics, logos and domain names appearing on the Website, Content, Online-Materials or in other content provided to you may be the trademarks of third-parties. Neither your use of the Services, nor these Terms & Conditions, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the PAPA IN SHAPE Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the PAPA IN SHAPE Marks generated as a result of your use of the Services will inure to the benefit of PAPA IN SHAPE, and you agree to assign, and hereby do assign, all such goodwill to the rightful trademark owner. You shall not at any time, nor shall you assist others to, challenge PAPA IN SHAPE’s right, title, or interest in or to, or the validity of the PAPA IN SHAPE Marks.

Copyrighted Materials; Copyright Notice: The Services provide access to various content and materials, including but not limited to the PAPA IN SHAPE logo, design, text, graphics, and other files, which are either owned by IP Owner or are the property of the IP Owner's licensors and suppliers. These materials are protected by copyright and other intellectual property laws. Your use of the Services and acceptance of these Terms & Conditions do not grant you any right, title, or interest in or to such content or materials, except as explicitly provided for.

You understand and acknowledge that the products and services provided are including a wide range of content, information, software, photos, videos, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, designs, recipes, notes, drawings, articles, methods, programs, presentation, and other digital materials (collectively referred to as "Content or Online Materials"). This Content and Online-Materials are protected by copyrights, trademarks, trade secrets, and other proprietary rights, and these rights are valid and safeguarded in all forms, media, and technologies currently known.

Said Content and On-line Materials, in whole or in part, may not be copied or redistributed without the prior written consent of OUTSCALE COMPANY FZCO unless expressly permitted under these Terms of Use.

Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the said Content and Online Materials or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the Content and On-line Materials to create a product for resale or to use the same in any way that competes with PAPA IN SHAPE.

By using the Services, you acknowledge and agree to comply with the law and uphold the intellectual property rights of others. Your use of the Services is always subject to laws pertaining to copyright ownership and the use of intellectual property in general. You affirm that you will not upload, post, transmit, display, perform, or distribute any content, information, or materials that infringe upon the copyrights, trademarks, or other intellectual property or proprietary rights of third parties, or violate any rights of publicity, privacy, or any applicable laws or regulations.

You are solely responsible for any violations of laws and any infringements of third-party rights that may result from your use of the Services. You bear the burden of proving that the content, information, or materials you share do not violate any laws or third-party rights.

EXCLUSIVE UTLIZATION RIGHTS BY THE COMPANY

The Company recognizes that while it does not have ownership of the aforesaid Content and Online Materials, including but not limited to methods and programs present on the website www.papainshape.com, as it is prescribed hereinbefore, it however holds the exclusive rights to utilize them for commercial purposes.

NON-PRESUMPTION OF RESIDENCE

The company acknowledges that it cannot presume or make assumptions about the habitual place of residence of the users. We fully understand that the users of our website may reside in various locations, and we will not assume their habitual place of residence without explicit information or consent provided by the users. Moreover, the company acknowledges and respects the privacy and data protection obligations in various countries where our customers reside or travel. Therefore, we explicitly state that we do not collect information pertaining to your usual place of residence. We do not consider your means of payment or contact as indicative of your habitual residence. Additionally, we do not geolocate your connection to our services, allowing you to freely access and benefit from our services provided by our Company without any restrictions on time or location. For further information, please contact us at outscalecompany@gmail.com

FOOD DATABASE AND DISCLAIMER

As part of the Services, PAPA IN SHAPE maintains a food database known as the "Food Database," which includes nutritional information provided by us. However, please be aware that the nutritional information contained in the Food Database has not undergone evaluation by qualified experts who can guarantee its completeness, accuracy, or reliability.

WE DO NOT (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; OR (II) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL PAPA IN SHAPE BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION.

It is your sole responsibility to ensure that any nutritional information obtained from the Food Database is accurate, complete, and useful. The reproduction, duplication, modification, sale, resale, distribution, visitation, or other exploitation of nutritional information in the Food Database for commercial purposes is strictly prohibited without our express written consent.

REPRESENTATION BY YOU

By accessing the Site, you affirm, warrant, and undertake the following: (a) you are at least 21 years of age; (b) any materials submitted by you to PAPA IN SHAPE through the Site or intended for inclusion on the Site will not infringe upon or violate the rights of any third party, including but not limited to trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. Customers under the age of 21 are prohibited from registering as users or engaging in transactions or usage of the website.

PERMITTED USE

By accessing this Site, you acknowledge and agree that you are solely authorized to visit, view, and retain copies of the pages for your personal use. You further agree that you will not duplicate, download, publish, modify, or distribute the materials on this Site for any purpose other than personal use, unless expressly authorized by the company. Additionally, you agree not to deep-link to the Site without explicit authorization. As the cardholder, it is your responsibility to retain copies of transaction records, as well as familiarize yourself with the policies and rules of the merchant. Moreover, we fully accept the use of Virtual Private Network (VPN) if you choose to utilize it.

PURCHASES

Please note that all online purchases on our products and services are subject to the terms and conditions set forth by the respective merchant service providers. Prior to engaging in any transaction, we recommend reviewing the user agreement and privacy policy of the specific merchant service provider. These Terms of Use prevail over any other written or oral communications or agreements pertaining to the subject matter discussed herein. Any waiver or modification of these Terms of Use will be valid only if it is made in writing and signed by an authorized officer of the company. Refunds, if any, will be issued through the original mode of payment.

WITHDRAW RIGHT

The company is offering 15 days withdraw right, during these 15 days period you have the possibility to cancel your purchase of services by sending an email to outscalecompany@gmail.com

Should the 15 days period be ending on a Sunday a grace period of 1 additional day is given.

USER AND SECURITY

In relation to your utilization of specific features within our products and services, it will be necessary for you to complete a registration form. You hereby confirm and guarantee that all user information provided by you on the registration form or in connection with your usage of the Services shall be current, complete, and accurate. As a registered user of the products and services, you bear full responsibility for maintaining the confidentiality of your user account information. It is strictly prohibited to use the account or user name of any other member at any given time. Prompt notification must be given to us in the event of any known or suspected unauthorized use of your user account or any known or suspected breach of security, including instances of loss, theft, or unauthorized disclosure of your own or any other individual's user account information.

You also bear full responsibility for all activities conducted under your user account. We shall not be held liable for any losses incurred by you due to unauthorized usage of your account, whether or not you were aware of such usage. Moreover, you may be held accountable for any losses suffered by the company, its affiliates, subsidiaries, business partners, officers, directors, employees, consultants, agents, and representatives resulting from the unauthorized use of your account by any third party.

Subscription: To utilize our products and services, including identification and billing purposes, you are obligated to provide us with accurate, complete and truthful information during the subscription or sign-up process for our products and services (“Subscription Data”). Please refer to our Privacy Policy for more comprehensive details regarding the information we collect. It is in your responsibility to maintain and promptly update the Subscription Data and any other information provided to us to ensure its accuracy. In addition to other provisions outlined in these Terms & Conditions, if you furnish information that is false, inaccurate, or incomplete, or if we have reasonable grounds to suspect the same, we retain the right to suspend or terminate your user account or subscription, and deny your current or future use of our Services (or any portion thereof). You are obliged to verify the currency and accuracy of your Subscription Data and, if necessary, rectify or update it.

One Account Per User: By using this Website, you acknowledge and agree that you will not engage in the following activities: registering or subscribing for multiple accounts, creating an account on behalf of another person, or establishing a false or deceptive identity. In the event that your registration or subscription is revoked for any reason, you expressly agree not to attempt to register or subscribe again with our Services using an alternative username or any other method. Furthermore, should we, at our sole discretion, have reasonable grounds to suspect that your account has been previously terminated, we retain the right to terminate any newly registered accounts without providing prior notice to you. Additionally, we reserve the right to exercise any other remedies available to us under these Terms & Conditions or as permitted by law.

CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS

Legal Communications: We may deliver the following communications to you via email or by posting them on the Website: these Terms & Conditions, including necessary legal disclosures; any future modifications to these Terms & Conditions, Privacy Policy, and other important notices, legal communications, or disclosures relevant to the Service. These communications are an integral part of the Services, and you cannot opt out of receiving them.

Service Announcements: By using the Services, you may receive occasional electronic communications from PAPA IN SHAPE regarding the Services, including updates on new products and other relevant information about the Website. These communications are an integral part of the Services, and you cannot opt out of receiving them.

Promotional Communications: From time to time, you may receive promotional messages, offers, or materials from PAPA IN SHAPE that we believe may be of interest to you. If you no longer wish to receive these promotional communications, you have the option to opt out by either (a) following the unsubscribe instructions provided in each message or (b) adjusting your messaging preferences in your account settings.

Withdrawal of Consent: If you no longer wish to receive future Communications electronically, you may withdraw your consent by sending an email to outscalecompany@gmail.com Please note that your withdrawal of consent will take effect within a reasonable time after we receive your withdrawal notice as described above. It's important to understand that your withdrawal of consent will not affect the legal validity or enforceability of the Terms that were provided to you and electronically signed by you prior to the effective date of your withdrawal. However, if you choose to withdraw your consent to receive Communications electronically, we reserve the right to terminate your account and/or access to the products and services (or any part thereof).

NO COMMERCIAL USE

The use of this Site for commercial purposes, including conducting sales of merchandise or services, is strictly prohibited. Prior written consent from the company must be obtained for making any commercial offers on the Site, whether through advertising, solicitations, links, or any other form of communication. Violations of this provision will be thoroughly investigated by the company, and appropriate legal action will be taken, which may include the removal of offending communications from the Site and the restriction of access for violators.

LINKS AND SEARCH RESULTS

The Site may generate search results that include references and/or links to third-party sites on the World Wide Web. Please note that PAPA IN SHAPE has no control over these sites or the content they contain. PAPA IN SHAPE does not guarantee the accuracy, legality, or offensiveness of the content found on these sites. The endorsement of any third-party site's content by PAPA IN SHAPE is not implied, nor does PAPA IN SHAPE make any representation or warranty regarding these sites, including their potential to contain viruses or impact your computer. When using the Site to search for or access other sites through links, you agree and acknowledge that you will not hold the company liable for any damages or losses arising from such use, including but not limited to, claims resulting from obtaining search results or accessing other sites. If you encounter any issues with a link from the Site, please notify us at outscalecompany@gmail.com

COPYRIGHT POLICY

PAPA IN SHAPE reserves the right to revoke the privileges of any user who utilizes this Site for the unauthorized transmission of copyrighted material, without a license, express consent, valid defense, or fair use exemption. By submitting information to this Site, you affirm that the information provided does not infringe upon the copyrights or other rights of third parties.

VIOLATION OF TERMS OF USE

By using the Site, you acknowledge and accept that the company reserves the right to terminate your access to the Site or take any other appropriate action, at its sole discretion and without prior notice. The company may also remove any unauthorized user information if it deems that the information you have provided violates or contradicts these Terms of Use, infringes upon the rights of PAPA IN SHAPE or any third party, or violates any applicable laws. You understand that monetary damages may not be sufficient to compensate PAPA IN SHAPE for such violations, and therefore, you consent to the granting of injunctive or other equitable relief in cases of such violations. Additionally, the company may disclose user information if required by court order.

HEALTH AND MEDICAL SERVICE DISCLAIMER

Our products and services are intended for general informational and educational purposes only. It is not intended to be, and should not be interpreted as, medical advice or a medical procedure. We strongly recommend consulting with a qualified healthcare professional before starting any fitness program or making any changes to your exercise routine or diet. The use of our services does not create a doctor-patient relationship, and any reliance on the information or guidance provided is at your own risk. We disclaim any liability for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of our services or any information provided. Always seek the advice of a healthcare professional for any specific questions or concerns regarding your health or medical conditions.

We provide the fitness and coaching methods and program to the best of our abilities and expertise. However, we do not guarantee the success, results, or outcomes of these methods and programs. The effectiveness of the fitness and coaching methods may vary depending on individual factors, commitment, and adherence to the program. We cannot guarantee specific results or improvements in fitness, health, or any other aspect.

Individual Responsibility: It is important to understand that the success of the fitness and coaching methods relies on individual effort, dedication, and consistency. Each individual is responsible for their own progress and results. We cannot be held responsible for any lack of progress, failure to achieve desired goals, or any adverse effects that may occur as a result of participating in the fitness and coaching methods.

No Professional Relationship: Participation in the fitness and coaching methods does not establish a professional relationship, including but not limited to a trainer-client or coach-client relationship. Our role is limited to providing guidance and support in the form of fitness and coaching methods.

Consultation with Professionals: We strongly recommend consulting with qualified healthcare professionals, trainers, or coaches before starting any fitness program or making any changes to your exercise routine or diet. It is important to assess your individual circumstances and health conditions to ensure that the fitness and coaching methods are suitable and safe for you.

Release of Liability: By participating in the fitness and coaching methods, you agree to release and discharge us from any and all claims, liabilities, damages, or injuries that may arise from your participation, including but not limited to any direct, indirect, incidental, consequential, or special damages.

Virtual Coaching Service Disclaimer: If you are a Service user, you have access to our Virtual Coaching Service, which allows you to interact with a Coach. The Coach's role is to assist you in developing skills to achieve your health-related goals. PAPA IN SHAPE reserves the right to engage or replace Coaches at its discretion without prior notice to Virtual Coaching Service users.

Please note that the services provided through the Virtual Coaching Service are not medical, mental health, or any other type of healthcare service. It is not a substitute for medical or mental health counsel, psychotherapy, or professional healthcare diagnosis and treatment. PAPA IN SHAPE does not offer diagnosis, treatment, or advice regarding medical or mental health conditions or illnesses. It is essential to consult physicians, psychotherapists, psychologists, and other licensed healthcare professionals for any medical or mental health concerns.

PAPA IN SHAPE is led by Coaches aimed to provide education, information, and personal support related to your goals. Furthermore, coaches are not permitted to provide psychological or healthcare advice tailored to individuals or specific situations through the Virtual Coaching Service. Interactions with Coaches or other users of the Services do not create a physician-patient relationship or any fiduciary duty.

If PAPA IN SHAPE becomes aware of or suspects any medical or mental health conditions or illnesses, it may, at its discretion, terminate all or part of the Services.

Please understand that you are solely responsible for your interactions with Coaches and other members when using the Services.

By engaging in our fitness and coaching methods, you acknowledge that you have read, understood, and agreed to the terms of this provision. If you do not agree with these terms, you should not participate or avail our products and services.

COMMUNITY STANDARDS AND CONDUCT GUIDELINES

You agree to adhere to the following guidelines and restrictions when using the Services (including the Website and all associated features):

You will not upload, post, email, or transmit any Content or Online-materials that:

A. Violate any applicable laws or are deemed objectionable by us, including content that is unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, libelous, slanderous, discriminatory, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

B. Contain adult content, including obscene, pornographic, or sexual terms, descriptions, or images, nudity, profanity, or graphic violence;

C. Incite or encourage criminal or terrorist activities or physical harm against others;

D. Exploit political agendas or "hot button" issues for commercial purposes, or contain hate speech based on race, sex, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language;

E. Infringe upon any patents, trademarks, trade secrets, copyrights, rights of privacy or publicity, or other proprietary rights of any party, or that are deceptive, misleading, fraudulent, or unlawful;

F. Constitute unauthorized advertising, promotional materials, "junk mail," "spam," "phishing," "chain letters," "pyramid schemes," or any other form of solicitation, opinions, or notices, commercial or otherwise;

G. Contain software viruses, spyware, adware, worms, or any other computer malware or malicious code that disrupts the functionality of computer software, hardware, or telecommunications equipment.

H. You will not harm minors in any way or attempt to gather personal information from minors.

I. You will not advertise, solicit funds, or engage in any form of solicitation for goods or services.

J. You will not impersonate any person or entity, including PAPA IN SHAPE, the Company, or any other individual or organization. You will not falsely state or misrepresent your affiliation with PAPA IN SHAPE or the Company, or any other person or entity.

K. You will provide accurate, truthful, and up-to-date information to PAPA IN SHAPE and other members.

L. You will not create multiple public profiles or register for multiple accounts unless specifically permitted. You will not create an account on behalf of someone else or use a false or misleading identity.

M. You will not forge headers or manipulate identifiers to disguise the origin of any content or materials transmitted through the Services.

N. You will not attempt to probe, scan, test the vulnerability of, or breach the security or authentication measures of the Services or any associated system or network without proper authorization.

O. You will not use the Services in a manner that damages, disables, overburdens, or impairs its functionality, or disrupts the normal flow of dialogue. You will not engage in activities that negatively affect the quality of another user's experience.

P. You will not interfere with or disrupt the Services or servers or networks connected to the Services, or violate any requirements, procedures, policies, or regulations of connected networks.

Q. You will comply with all applicable local, state, national, and international laws and regulations.

R. You will not stalk or harass another user or employee of the Services.

S. You will not solicit, collect, or post personal data of other users without their consent.

T. You will not access or attempt to access another user's account without permission.

U. You will not reverse engineer, disassemble, decompile, or attempt to discover or recreate the source code for the website and any part of the Services.

V. You will not assign, transfer, or sublicense

INDEMNIFICATION

In consideration of your use of the Site, you hereby agree to indemnify and hold harmless PAPA IN SHAPE, the Company, its subsidiaries, affiliates, officers, agents, partners, and employees from any loss, liability, claim, or demand, including reasonable attorneys' fees, asserted by any third party arising out of or in connection with your use of the Site. This includes, but is not limited to, your use of the Site to provide a link to another website, upload content or information to the Site, or any breach of the Terms of Use.

LICENSE GRANTED TO YOU

By providing materials, including submitting or uploading content or materials for use on the Site, you hereby represent and warrant that you possess all necessary rights to such content or materials, and you expressly grant PAPA IN SHAPE an irrevocable, worldwide, perpetual, and language-unrestricted right to use and exploit all or any portion of the provided content and materials. PAPA IN SHAPE retains the sole discretion to publish and distribute any submitted content or materials through any existing or future methods of dissemination. Furthermore, you agree to waive any claims and relinquish any recourse against PAPA IN SHAPE for alleged or actual infringement or misappropriation of proprietary rights pertaining to any communication, content, or material submitted to PAPA IN SHAPE.

Any communication or materials you transmit to PAPA IN SHAPE shall be deemed non-confidential and non-proprietary. PAPA IN SHAPE may freely disseminate or utilize such communication or materials for any purpose, including, but not limited to, the development, creation, manufacturing, or marketing of products or services.

ADVERTISING

The Site may display advertisements and/or sponsorships. Advertisers and/or sponsors are exclusively responsible for ensuring the accuracy and legal compliance of the materials they submit for inclusion on the Site. PAPA IN SHAPE bears no responsibility for the actions or omissions of any advertiser or sponsor.

SEVERABILITY

In the event that any provision of the Terms of Use is deemed invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect.

The headings and section titles used in this Agreement are solely for convenience and shall not define, limit, or expand the scope of any provision within this Agreement.

TERM AND TERMINATION

A. Termination: These Terms & Conditions will remain in effect for the duration of your use of our Services, including our Website. We reserve the right to terminate your access to or use of the Service in accordance with these Terms & Conditions.

B. Effect of Termination; Survival: Termination of these Terms & Conditions will result in the cessation of all rights and licenses granted to you under these Terms & Conditions, including the right to use the Services, except for those terms that, by their nature, are intended to survive termination. These surviving terms include, but are not limited to, provisions regarding intellectual property, disclaimers, limitations of liability, User Content license, governing law and venue. Following termination, the company reserves the right to employ any necessary means to prevent your unauthorized use of the Services, including technological barriers like IP blocking and direct communication with your Internet Service Provider.

C. Legal Action: In the event that we, at our sole discretion, initiate legal action against you due to an actual or suspected breach of these Terms & Conditions, you agree to reimburse us for our reasonable costs and attorneys' fees incurred in connection with such legal action. The company will bear no legal obligation or liability to you or any third party arising from or relating to the termination of these Terms & Conditions.