TERMS OF USE

DEFYNE PERFORMANCE TERMS OF USE
Last updated: January 26, 2026

Welcome to DEFYNE PERFORMANCE. These Terms of Use, also referred to as Terms, are a legally binding agreement between you and DEFYNE PERFORMANCE and govern your access to and use of defyneperformance.com and any related pages, digital products, coaching services, subscriptions, consultations, downloadable materials, communications, and features we provide, collectively, the Services. These Terms are intended for residents of Canada accessing the Services from Canada, but they also apply if you access the Services from outside Canada.

BY ACCESSING OR USING THE SERVICES, OR BY PURCHASING ANY PRODUCT OR SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

CONTENTS
• Updates and Supplemental Terms
• Eligibility and Accounts
• Purchases, Subscriptions, Billing, and Delivery
• No Refund, Exchange, or Return Policy
• Cancellations and Rescheduling
• Training and Wellness Information, Medical Disclaimer, and Assumption of Risk
• Results Disclaimer
• DEFYNE PERFORMANCE Content and Licence
• User Content, Testimonials, and Feedback
• Acceptable Use and Prohibited Conduct
• Third Party Services and Links
• Confidentiality
• Disclaimers
• Limitation of Liability
• Indemnity
• Suspension and Termination
• Governing Law and Disputes
• Miscellaneous
• Contact Us

Updates and Supplemental Terms
We may update these Terms at any time. The Last updated date above shows when these Terms were last revised. Unless we state otherwise, changes take effect when posted. Your continued use of the Services after changes are posted means you accept the updated Terms.
Certain features, offers, or services may have additional terms, guidelines, policies, or rules, referred to as Supplemental Terms. Supplemental Terms become part of your agreement with us when you use the applicable feature or service. If there is a conflict between these Terms and any Supplemental Terms, the Supplemental Terms control for that conflict.
Our Privacy Policy explains how we collect and handle personal information. It is a separate document and is incorporated by reference.

Eligibility and Accounts
You must be the age of majority where you live to use the Services, or you must use the Services under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.
If you create an account, you agree to provide accurate information and keep it current. Your account is for your personal use only. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs through your account, whether or not you authorized it. Notify us immediately if you believe your account has been accessed without permission.
We may refuse service, suspend access, or terminate accounts where permitted by law, including to protect the Services, prevent fraud, address security risks, or enforce these Terms.

Purchases, Subscriptions, Billing, and Delivery
When you purchase a product or service, you authorize us and our payment providers to charge your selected payment method for the amount shown at checkout, including applicable taxes. You agree to provide current, complete, and accurate purchase and billing information and to keep it updated.
Digital delivery and access. Digital products and digital materials are delivered electronically, such as by download link, email delivery, or account access. Delivery timing may vary due to technical factors. You are responsible for ensuring you can receive digital deliveries, including maintaining access to your email address and devices.
Subscriptions and recurring billing. If you purchase a subscription, you authorize recurring charges at the frequency disclosed at checkout until you cancel in accordance with the cancellation instructions provided at sign up, in your account, or in your confirmation message. You are responsible for maintaining a valid payment method. If a payment fails, we may retry the charge, and access to subscription features may be suspended until payment is successfully processed.
Pricing and errors. Prices, offers, and availability may change at any time. We may correct pricing or listing errors, cancel orders, or refuse transactions where permitted by law, including in cases of suspected fraud or misuse.
Chargebacks and payment disputes. If you initiate a chargeback or payment dispute, we may suspend access to the Services while the dispute is being reviewed. We may require resolution of the dispute, including repayment of amounts owed and associated fees, before restoring access, where permitted by law.

No Refund, Exchange, or Return Policy
All sales are final. To the fullest extent permitted by applicable law, DEFYNE PERFORMANCE does not offer refunds, exchanges, or returns for digital products, downloadable materials, subscriptions, coaching services, consultations, or any other services or products sold through the Services. This no refund policy applies in all circumstances, including change of mind, dissatisfaction, inability to participate, failure to use materials, scheduling conflicts, or partial use of services.
If applicable law provides a mandatory right to a refund in a specific situation, we will follow that law. Otherwise, by purchasing, you acknowledge that you understand the nature of the offerings and accept responsibility for your purchase.

Cancellations and Rescheduling
For coaching sessions or consultations that are scheduled for a specific time, cancellation or rescheduling requests must be submitted at least 24 hours before the scheduled start time. Requests made with less than 24 hours notice may result in the session being forfeited, with no refund, no credit, and no reschedule, except where required by applicable law.
If you do not attend a scheduled session, it may be treated as a forfeited session with no refund, no credit, and no reschedule, except where required by applicable law.
We may reschedule sessions when necessary due to availability, emergencies, or technical issues. If we reschedule, we will provide reasonable notice when possible and provide an alternative time or method of delivery.

Training and Wellness Information, Medical Disclaimer, and Assumption of Risk
The Services may include training guidance, general nutrition education, wellness information, recovery guidance, goal setting, and related educational content. Unless we clearly state otherwise in writing, all information provided is for educational and informational purposes only and is not medical advice, diagnosis, or treatment and is not a substitute for advice from a qualified healthcare professional.
You are responsible for evaluating whether the Services are appropriate for you. Consult a qualified healthcare professional before beginning any physical activity programme or changing your nutrition habits, especially if you are overweight, pregnant, nursing, have a heart condition, diabetes, injuries, disabilities, or any medical condition. Never ignore professional medical advice or delay seeking it because of information provided through the Services.
You agree to disclose accurate, complete information about medical conditions, injuries, physical limitations, and any other factors that could impact your safety. Coaching recommendations are based on the information you choose to provide, and inaccurate or incomplete information may increase risk.
Physical activity includes inherent risks, including the risk of injury, illness, and aggravation of existing conditions, and in rare cases severe outcomes. You voluntarily assume all risks associated with any physical activity you choose to perform, including activity performed using guidance from the Services.
Use appropriate judgment and safety precautions. Begin slowly, do not exceed your capabilities, and stop immediately if you experience dizziness, faintness, chest pain, unusual shortness of breath, or other concerning symptoms. If you believe you are experiencing a medical emergency, seek immediate medical assistance.

Results Disclaimer
Results vary significantly from person to person and depend on many factors, including consistency, individual effort, health status, lifestyle, genetics, and adherence. DEFYNE PERFORMANCE makes no guarantees or warranties regarding outcomes. Any testimonials, examples, or transformation stories reflect individual experiences and do not guarantee that you will achieve similar results. You agree not to hold DEFYNE PERFORMANCE liable for any perceived or actual lack of progress.

DEFYNE PERFORMANCE Content and Licence
Except for content you submit, all content made available through the Services, including text, training materials, videos, images, branding, logos, designs, templates, downloads, and other materials, is owned by DEFYNE PERFORMANCE or its licensors and is protected by intellectual property laws.
Subject to your compliance with these Terms, DEFYNE PERFORMANCE grants you a limited, revocable, nontransferable, nonsublicensable licence to access and use the Services and any purchased digital materials solely for your personal, noncommercial use.
You may not copy, reproduce, distribute, share, sell, resell, publish, publicly display, modify, create derivative materials from, or exploit any part of the Services or materials, except as explicitly permitted in writing by DEFYNE PERFORMANCE.
You may not remove, alter, or obscure any proprietary notices. Unauthorized sharing of purchased materials, including sharing download links, files, screenshots, or access credentials, is strictly prohibited and may result in termination of access and legal action where permitted by law.

User Content, Testimonials, and Feedback
User Content. The Services may allow you to submit content such as messages, check ins, photos, videos, reviews, or other materials, referred to as User Content. You are responsible for your User Content and represent that you have all rights needed to submit it and to grant the rights described in these Terms.
Licence to use User Content. By submitting User Content, you grant DEFYNE PERFORMANCE a worldwide, royalty free, fully paid, transferable, sublicensable licence to host, store, reproduce, modify, adapt, publish, translate, create derivative materials from, distribute, and display your User Content for the purpose of operating, providing, improving, and promoting the Services, and for customer support, safety, and compliance.
Testimonials. If you submit a testimonial, review, or transformation content for publication, you authorize DEFYNE PERFORMANCE to use it for promotional purposes on the Services and on marketing channels. You may request removal of published testimonials, and we will consider the request, but removal may not reach copies already shared by others or retained as necessary for integrity, security, or legal obligations.
Feedback. Any suggestions, ideas, or feedback you provide may be used by DEFYNE PERFORMANCE for any purpose without compensation or obligation to keep it confidential.

Acceptable Use and Prohibited Conduct
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to do any of the following:
• Violate any applicable law or third party rights.
• Impersonate another person or misrepresent your identity or affiliation.
• Attempt to access another person’s account or restricted areas without permission.
• Interfere with the operation, security, or integrity of the Services, including by introducing malicious code or attempting to bypass security measures.
• Use automated tools to scrape, extract, or collect content or data from the Services without prior written permission.
• Reverse engineer, decompile, or attempt to derive source code or underlying ideas from any part of the Services, except where prohibited by law.
• Share, resell, or distribute digital products or coaching materials, or provide them to others, except where explicitly permitted by us in writing.
• Post or transmit content that is unlawful, misleading, harassing, discriminatory, or otherwise inappropriate.
We may monitor usage to protect the Services and enforce these Terms, to the extent permitted by law.

Third Party Services and Links
The Services may include links to third party sites or may rely on third party providers for payments, scheduling, communications, analytics, embedded content, or other functions. Third parties operate under their own terms and policies. DEFYNE PERFORMANCE does not control and is not responsible for third party content, actions, or practices. Your interactions with third parties are at your own risk.

Confidentiality
DEFYNE PERFORMANCE aims to treat information you share in coaching and consultations as confidential and to limit access to those who need it to provide the Services, subject to legal obligations and the use of service providers that support delivery of the Services. You understand that communications transmitted over the internet and stored on third party systems cannot be guaranteed to be completely secure. Nothing in this section creates a professional client privilege. If you require privileged legal, medical, or clinical confidentiality, seek the appropriate licensed professional.

Disclaimers
To the fullest extent permitted by applicable law, the Services, products, and all content and materials are provided as is and as available, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
DEFYNE PERFORMANCE does not guarantee that the Services will be uninterrupted, error free, or free of harmful components, or that any defects will be corrected. You are responsible for ensuring your devices and internet access are suitable for use of the Services.

Limitation of Liability
To the maximum extent permitted by applicable law, DEFYNE PERFORMANCE and its owners, operators, contractors, service providers, affiliates, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or related to your use of, or inability to use, the Services, products, or materials, even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, DEFYNE PERFORMANCE’s total aggregate liability for any claim arising out of or relating to the Services will not exceed the amount you paid to DEFYNE PERFORMANCE for the specific product or service giving rise to the claim, and in any event will not exceed that amount, except where applicable law does not allow this limitation.
Nothing in these Terms limits liability that cannot be excluded or limited under applicable law.

Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless DEFYNE PERFORMANCE and its owners, operators, contractors, service providers, affiliates, and partners from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising out of or related to your use of the Services, your User Content, your violation of these Terms, or your violation of any law or third party rights.

Suspension and Termination
DEFYNE PERFORMANCE may suspend, restrict, or terminate your access to the Services at any time where permitted by law, including if we believe you violated these Terms, misused the Services, created security risks, or engaged in fraudulent activity.
You may stop using the Services at any time. Provisions that by their nature should survive termination will survive, including Content and Licence, User Content licence, Disclaimers, Limitation of Liability, Indemnity, and Governing Law and Disputes.

Governing Law and Disputes
These Terms and any dispute arising out of or relating to the Services are governed by the laws of the Province of Manitoba and the laws of Canada applicable in Manitoba, without regard to conflict of laws rules, subject to any mandatory consumer protection laws that apply to you.
To the extent permitted by applicable law, disputes will be brought in the courts located in Manitoba, and you consent to the personal jurisdiction of those courts.
Before starting formal proceedings, you agree to contact us with a written description of the issue and the relief you seek and to allow a reasonable opportunity for informal resolution.

Miscellaneous
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in effect.
No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms as part of a business transaction where permitted by law.
Entire agreement. These Terms, together with any Supplemental Terms, form the entire agreement between you and DEFYNE PERFORMANCE regarding the Services and supersede prior or contemporaneous agreements on that subject.
Headings are for convenience only and do not affect interpretation.

Contact Us
DEFYNE PERFORMANCE
Email: defyneperformance@gmail.com