AXE FITNESS INC.

TERMS OF USE

By using or accessing the Services, you, the Client (referred to herein as “you” or the “Client”) acknowledge that you have read, understood, and agree to be bound by these Terms of Use (these “Terms of Use”) and our Privacy Policy. These Terms of Use constitute a legally binding contract between you and Axe Fitness Inc. (“Axe Fitness”, “we” or “us”) regarding your use of the Services. If you do not agree to these Terms of Use, you must not use or access the Services.

AGREEMENT:

In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you and Axe Fitness agree as follows:

1. Definitions.

Unless the context requires otherwise, capitalized terms in these Terms of Use have the following meanings:

(a) “Applicable Laws” means, with respect to a party, any local,  provincial, federal, state and foreign laws or orders of any governmental or regulatory authority applicable to such party for its provision or use of the Services.

(b) “Client Data” means any information or data that you provide, upload, transmit, or otherwise make available to Axe Fitness through your use of the Services. This includes, but is not limited to, personal information, registration details, content submissions, messages, or files. Client Data does not include aggregated or anonymized data that cannot be used to identify an individual or entity.

(c) “Services” means: Axe Fitness’ software applications, websites, online store, all content, and related materials and content as it may be added or removed by Axe Fitness from time to time and including all written information, documentation, and materials provided to Client in respect of same.

(d) “Term” means the point in time when you first access or use any part of the Services and continues for so long as you access or use the Services.

2. Provision and Usage

2.1 You agree that:

(a) you will use the Services only for your own personal purposes and for no other purposes;

(b) you will not use the Services as a service for any third party;

(c) you will not sell or attempt to sell or otherwise transfer any of the Services or accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person;

(d) you will use the Services in a manner consistent with all Applicable Laws; and

(e) you will not use the Services in a manner that: (i) infringes or violates the intellectual property rights or other rights of Axe Fitness or any third party; (ii) violates any law or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) accesses the source code, modifies , copies, creates derivative works from, reverse engineers, decompiles or disassembles the Services; (v) impersonates or attempts to impersonate another client, person, entity or which falsely impersonates or misrepresents you or your affiliation with another person or entity.

2.2 If, at our request, you send certain submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You are solely responsible for any comments you make. We take no responsibility and assume no liability for any comments posted by you or any other person.

3. Intellectual Property

3.1 All content, materials, and features displayed or made available through or constituting the Services, including, but not limited to, text, photographs, videos, logos, brand elements, training programs, exercise plans, class schedules, nutritional advice, design layout, graphics, icons, and software and any content on this website or application, are the sole and exclusive property of Axe Fitness or our licensors. This includes all associated copyrights, trademarks, patents, and other intellectual and proprietary rights, whether registered or unregistered, under applicable laws.

3.2 You are granted a limited, non-transferable, non-exclusive license to access and use any content made available through the Services strictly for your own personal, non-commercial purposes. You may not modify, reproduce, republish, upload, post, transmit, sell, create derivative works from, exploit, or distribute any content or intellectual property without our prior written consent. Unauthorized use of our content or branding may result in legal action. We take our intellectual property seriously and will vigorously enforce our rights to the fullest extent of the law.

4. Privacy and Confidentiality

4.1 Your use of the Services is also governed by our Privacy Policy, which outlines how we collect, store, use, and safeguard your personal information. By continuing to access the Services, you confirm that you have read, understood, and agreed to be bound by the terms of our Privacy Policy. Axe Fitness’ Privacy Policy can be found at the following weblink: [insert hyperlink to Privacy Policy]

If you do not agree with any part of our Privacy Policy, you should not use the Services.

4.2 In the event any of the Services contain links to other websites, Axe Fitness is not responsible for (and you waive all claims against Axe Fitness with respect to) the privacy practices (including collection, use, and disclosure) or content of such sites, and your use of such sites is at your own risk.

4.3  Axe Fitness does not guarantee the security and confidentiality of any information transmitted to us via any website, e-mail or any other means.

5. Indemnification

You indemnify and hold Axe Fitness and its affiliates and each of their respective employees, subsidiaries, directors, officers, agents, partners, licensors and their respective employees harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of (a) information you submit, post, transmit or make available through the Services; (b) your use of the Services in a manner that is not in accordance with these Terms of Use; (c) your violation of these Terms of Use and; (d) your violation of any rights of any others.

6. Third-Party Links and Content

The Services may contain links to third-party websites, platforms, or services that are not owned or controlled by Axe Fitness. These links are provided solely for convenience and informational purposes. We do not endorse, monitor, or make any representations regarding the content, accuracy, policies, or practices of any third-party sites. By accessing such links, you acknowledge and agree that Axe Fitness will not be held responsible or liable, directly or indirectly, for any loss, damage, or harm caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party site. Use third-party resources at your own discretion and risk.

7. Term

These Terms of Use shall be effective from the moment you access the Services, and shall survive the expiration of the Term.

8. Your Representations and Warranties

8.1 You represent that:

(a) you are of legal age to form a binding agreement (“Legal Age”).  If you are not of Legal Age, you are not authorized to use the Services unless:  (a) you have received the permission of your parent or legal guardian; and (b) your parent or legal guardian, by granting such permission agrees to be bound by these Terms of Use and in such a case, the term “you” and “Client” shall be deemed to included your parent or legal guardian, as the case may be; and

(b) all Client Data you provide will be true, accurate, current and complete you will and promptly update all Client Data you provide to keep it true, accurate, current and complete.

8.2 We maintain the right to refuse, suspend or terminate your current or future use of the Services (or any portion thereof) without warning if: (a) we believe that you are under the Legal Age and you represent yourself as being of or over the Legal Age; or (b) you provide, or we suspect that you have provided, any information that is untrue, inaccurate, not current or incomplete.

9. Axe Fitness’ Representations and Warranties

9.1 EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, ALL SERVICES AND PRODUCTS ARE PROVIDED “AS-IS” and “AS AVAILABLE”, AND AXE FITNESS MAKES NO (AND HEREBY DISCLAIMS ANY) WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. AXE FITNESS DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.  

9.2 Axe Fitness makes no warranty that information, software and/or other material accessed or viewed using the Services will be free of viruses, bots, worms, or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.

9.3 Axe Fitness is not responsible for the conduct, whether online or offline, of any user of the Services.

9.4 Axe Fitness and/or third parties may create and/or otherwise provide advertisements and applications to you. Axe Fitness takes no responsibility for third party advertisements or applications that are created and/or posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers.  Your correspondence or dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, representations, warranties or conditions associated with such dealings, are solely between you and such advertiser. You agree that Axe Fitness is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of third party advertisers on the Services.

10. Disclaimer: Use at Your Own Risk 

10.1 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU ACKNOWLEDGE THAT YOU HAVE INFORMED YOURSELF AND UNDERSTAND THE RISKS ASSOCIATED WITH YOUR PARTICIPATION AND ACCESS TO THE SERVICES.

10.2 The information, programs, and resources available through the Services are provided for general informational and educational purposes only. While we aim to offer high-quality, evidence-informed fitness and wellness content, we do not guarantee its accuracy, completeness, reliability, or suitability for any individual or circumstance. Engaging in physical activity involves inherent risks. By using this website and any of the information or materials provided, you acknowledge and accept that you are doing so voluntarily and at your own risk. Axe Fitness, its owners, staff, and affiliates are not responsible or liable for any injury, loss, or damage resulting directly or indirectly from the use of this website or its content. Always consult with your physician or a qualified healthcare provider before beginning any new exercise or nutrition program. Your health and safety are your responsibility.

11. Limitation of Liability

11.1 To the fullest extent permitted by applicable law, Axe Fitness, including its owners, employees, trainers, contractors, affiliates, agents, partners, licensors, and suppliers, shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or relating to your access to, use of, or inability to use the Services. This includes, but is not limited to, damages for:

(a) personal injury, bodily harm, or death;

(b) property damage;

(c) loss of profits, income, business, or goodwill;

(d) data loss or corruption;

(e) unauthorized access to or use of our servers or any personal information stored therein;

(f) any errors, omissions, interruptions, viruses, bugs, or delays in operation or transmission; and

(g) any other loss or damage of any kind, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

11.2 In jurisdictions that do not allow the exclusion or limitation of certain types of liability, our liability shall be limited to the maximum extent permitted by law. In no event shall our total cumulative liability to you for any claims arising out of or related to your use of the Services exceed one hundred Canadian dollars (CAD $100), regardless of the cause of action.

13. Miscellaneous

13.1 Proper Law. The Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and the parties agree to attorn to the exclusive jurisdiction of the courts situated in the Province of British Columbia.

13.2 Survival. These Terms of Use shall survive the expiration or termination of the Term for any reason.

13.3 Headings. The headings used in these Terms of Use are for convenience and reference only and shall not affect the construction or interpretation of these Terms of Use.

13.4 Assignment. Axe Fitness may assign these Terms of Use to any Affiliate or any other party at any time, in its sole discretion, without notice to you. The Terms of Use shall be binding upon and shall inure to the benefit of Axe Fitness’ successors and assigns.

13.5 Relationship. No party shall have and shall not represent itself as having, any authority to act for, to undertake any obligation on behalf of any other party, except as expressly provided in these Terms of Use.

13.6 Gender, Plural and Singular. In these Terms of Use, unless the context otherwise requires, words of any gender include all genders, the singular includes the plural and vice versa, “or” is non-exclusive, “including” is non-limiting, and provisions may be adapted as the context requires.

13.7 Alterations. Axe Fitness may alter or amend the Terms of Use at any time and from time to time, and such alterations or amendments shall be binding upon you.

13.8 Invalidity. The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision and any such invalid or unenforceable provision shall be deemed to be severable

13.9 Entire Agreement. The provisions of the Terms of Use constitute the entire agreement between the parties and supersede all previous communications, representations and agreements, whether oral or written, between the parties with respect to the subject matter of the Terms of Use.

13.10 Inurement. The Terms of Use shall inure to the benefit of and be binding upon the parties and, except as otherwise provided or as would be inconsistent with the provisions of the Terms of Use, their respective heirs, executors, administrators, successors and permitted assigns.

Last Updated: June 7, 2025