Terms of Service — Recurring Products
These Terms of Service (“Terms”) govern the purchase and use of any recurring product, subscription, membership or recurring service (“Recurring Product”) sold by Simone Puddu, sole trader, Malta (“I”, “me”, “my” or “the Provider”).
Business address: Triq Sir George Borg/ Edgar Ferro, The willows apt3, Pieta PTA1533, Malta.
Customer support: simonepuddupt-help@outlook.com
These Terms apply to all current and future Recurring Products offered by me unless a particular product expressly states that different or additional terms apply.
By purchasing a Recurring Product, you confirm that you have read and accepted these Terms together with the product-specific information displayed to you before or during checkout.
1. The product or service you are purchasing
I may offer different Recurring Products from time to time.
These may include, depending on the particular product:
- online training programs;
- fitness or coaching memberships;
- individual or group coaching services;
- training-related services;
- nutrition education or coaching services;
- digital programs or content;
- access to software, apps or online resources;
- session-based services;
- in-person, online or hybrid services;
- add-on services; or
- combinations of the above.
Not every Recurring Product includes all of these services.
The name, description, included services, price, billing frequency, duration, start date and other product-specific conditions shown on the product page or during checkout form part of your agreement.
You should therefore read the specific product description before purchasing.
Unless expressly stated otherwise, purchasing one Recurring Product does not automatically entitle you to services, features or benefits offered under another product.
2. Product-specific terms and these general Terms
These Terms establish the general conditions applying to Recurring Products sold by me.
The particular commercial details of your purchase are those disclosed for the specific Recurring Product when you purchase it.
These may include:
- what the product contains;
- its price;
- its billing interval;
- when the first payment is charged;
- when access or service begins;
- whether it has a fixed duration;
- whether it renews automatically;
- whether it continues until cancelled;
- whether it has a minimum commitment period;
- any promotional conditions; and
- any other material product-specific conditions disclosed before purchase.
If a product-specific condition expressly differs from a general provision in these Terms, the clearly disclosed product-specific condition will govern that aspect of the purchase, subject always to applicable law.
3. Price, promotions and recurring billing
The price, currency, billing frequency and any applicable promotional conditions are those displayed to you and accepted by you at checkout at the time of purchase.
Prices may vary:
- between different products;
- over time;
- between subscription options;
- because of promotional campaigns;
- because of discount codes or coupons;
- because of introductory offers; or
- because of other legitimately offered pricing arrangements.
Different customers may therefore purchase the same or similar services at different prices.
A discount, promotional price, introductory offer, coupon or other special price applies only according to the conditions stated when that offer is made.
A promotional or discounted price does not create a right to receive that same price indefinitely unless the offer expressly states that it does.
For example, a promotional price may apply only:
- to the first payment;
- for a stated number of billing periods;
- until a stated date; or
- under another expressly disclosed condition.
Once the promotional period ends, the Recurring Product may continue at the renewal price disclosed as part of the offer or checkout process.
Payment is charged according to the billing schedule accepted at checkout.
By purchasing a Recurring Product that automatically renews, you authorise recurring charges according to the disclosed billing terms until the subscription ends, expires, is cancelled or is otherwise terminated.
If I propose to change the recurring price applicable to an existing subscription, appropriate advance notice will be provided where required. Where applicable, you may cancel before the changed price takes effect.
A future change in price does not retroactively alter amounts already paid or amounts that became payable under previously agreed billing terms.
4. Start date, duration and renewal
The start date and duration of each Recurring Product are those disclosed on its product page or during checkout.
A Recurring Product may:
- begin immediately after purchase;
- begin on a specified future date;
- begin according to another disclosed start rule;
- continue indefinitely until cancelled;
- run for a specified number of billing periods;
- have a fixed end date; or
- operate under another clearly disclosed duration.
A product described as recurring does not necessarily mean that it continues indefinitely.
Where a Recurring Product automatically renews, the applicable renewal frequency and conditions are those disclosed before purchase.
Where a Recurring Product has a fixed duration or fixed number of payments, it will end according to those disclosed terms unless otherwise agreed.
5. Cancellation and stopping future renewal
Cancellation rights and procedures may depend on the particular Recurring Product and its disclosed duration or commitment.
Where a Recurring Product renews indefinitely until cancelled, you may stop future renewal in accordance with the cancellation mechanism made available for that product.
Where self-cancellation is available through Trainerize, you may use the cancellation option available through your account.
You may also contact: simonepuddupt-help@outlook.com
A cancellation must be made early enough to be received or processed before the next payment becomes due.
Where cancellation is permitted before the next renewal:
- future renewals will stop;
- amounts already validly charged are not automatically reversed; and
- access or service will normally continue until the end of the period already paid for.
If a particular Recurring Product includes a clearly disclosed fixed term, minimum commitment, fixed number of payments or other agreed duration, cancelling automatic renewal does not necessarily cancel payment obligations already agreed for that fixed term.
The product-specific terms disclosed before purchase will govern such commitments, subject always to rights that cannot legally be excluded.
6. First-purchase 14-day refund policy
In addition to any mandatory rights provided by applicable law, I offer the following contractual policy.
When you make your initial purchase of a particular Recurring Product, you may change your mind and request cancellation and a full refund within 14 days of entering into that subscription.
You do not need to provide a reason.
To request this, contact simonepuddupt-help@outlook.com and clearly identify the Recurring Product and state that you wish to cancel under the 14-day first-purchase refund policy.
For simplicity, where this contractual policy applies, I will provide a full refund even if you have already begun accessing or using the relevant product or service.
This additional contractual policy applies to the initial purchase of that Recurring Product and does not automatically create a new contractual 14-day refund entitlement for every renewal or repeated re-subscription to substantially the same product.
This section does not limit any statutory withdrawal, refund or other consumer right that applies independently under applicable law.
7. Refunds after the initial 14-day period
Unless the particular product expressly provides a more generous refund policy, after the initial contractual 14-day period:
- payments already validly charged are normally non-refundable;
- cancellation normally prevents a future renewal rather than reversing the current billing period;
- there is normally no partial refund merely because you choose not to use the remaining service or access during a paid period; and
- where applicable, access normally remains available until the paid period expires.
This does not affect any refund, price reduction, remedy or other right that must be provided under applicable law, including in cases involving an incorrect charge or failure to provide a service as legally required.
8. Fitness, exercise and health-related services
Where a Recurring Product includes exercise, physical activity, fitness programming or coaching, participation involves physical effort and may involve risk.
You are responsible for considering whether you can participate safely.
If you have an injury, illness, medical condition, pregnancy, unexplained symptoms or another circumstance that may affect your ability to participate safely, obtain appropriate advice from a qualified healthcare professional where necessary.
Stop an activity if symptoms arise that make continuing unsafe and obtain appropriate professional assistance when required.
Exercise selection, load, repetitions, intensity, progression and other training instructions must be applied according to your individual ability and circumstances.
Unless a product expressly states otherwise and the appropriate professional relationship has been established, fitness services are not medical diagnosis, medical treatment or a substitute for individual medical care.
9. Nutrition-related services and information
Where a Recurring Product includes nutrition information, its exact scope is determined by the particular product description.
General nutrition information is educational in nature.
Unless a particular service expressly provides otherwise within the Provider’s lawful professional scope, nutrition content does not constitute medical diagnosis, medical treatment or medical nutrition therapy.
If your nutritional needs are affected by a medical condition, allergy, eating disorder, medication or another health issue requiring individual clinical management, appropriate qualified professional advice should be obtained.
10. Coaching and personalisation
Different Recurring Products may provide different levels of support.
Some products may consist primarily of standardised digital content or programming.
Others may include:
- individual coaching;
- check-ins;
- messaging;
- consultations;
- personalised training;
- group support;
- nutrition coaching;
- appointments; or
- other services.
Do not assume that a service is included merely because it exists in another product I sell.
The description of the Recurring Product you purchase determines what level of service, personalisation and support is included.
11. Appointments, sessions and customer participation
Where a Recurring Product includes scheduled appointments, coaching calls, sessions or other time-specific services, additional booking, rescheduling, cancellation or no-show conditions may be stated in the product description or communicated when the appointment is arranged.
Customers are responsible for:
- attending booked services;
- supplying reasonably accurate information necessary to provide the service;
- following reasonable administrative and safety instructions; and
- maintaining access to any equipment, facilities, internet connection or technology expressly required for the purchased service.
Failure to use or attend an available service does not by itself create a right to a refund.
12. Personal account and permitted use
Unless expressly stated otherwise, access purchased for an individual is personal to that customer.
You may not, without permission:
- share personal login credentials;
- allow another person to use paid individual access;
- resell or redistribute purchased services or content;
- reproduce substantial protected materials for redistribution or commercial purposes;
- upload protected content to file-sharing services;
- distribute programs, written materials, videos or other protected resources to people who have not legitimately obtained access;
- circumvent access controls; or
- use my materials to create, copy or sell another commercial product.
13. Intellectual property
Training programs, written materials, educational materials, graphics, videos, exercise instructions, systems, templates, downloadable resources and other original content supplied as part of a Recurring Product remain the intellectual property of Simone Puddu or the relevant rights holder.
Unless expressly stated otherwise, purchasing a Recurring Product gives you a personal, limited, non-exclusive and non-transferable right to use the relevant materials for their intended purpose while you legitimately have access.
Purchase does not transfer ownership of intellectual property to you.
14. Third-party platforms and services
Recurring Products may be sold, administered or delivered in whole or in part using third-party services such as:
- Trainerize;
- payment processors;
- email services;
- video or communication services;
- hosting services; or
- other technology providers.
You may need a compatible device, internet access or an account with the relevant service in order to use certain products.
Reasonable efforts will be made to provide the purchased service, but temporary interruption may occur because of maintenance, platform outages, technical failures or circumstances outside my reasonable control.
Nothing in this section removes any statutory right or remedy that cannot lawfully be excluded.
15. Suspension, refusal of renewal and termination by the Provider
I reserve the right to protect my business, services, clients, systems and working environment and to decide whether a customer relationship should continue, subject to applicable law and existing paid contractual obligations.
Immediate suspension or termination for serious grounds
Access to a Recurring Product, account or service may be suspended or terminated immediately where there are serious grounds, including:
- fraud or suspected fraudulent activity;
- unlawful payment activity;
- non-payment;
- account sharing or unauthorised access;
- unauthorised copying, distribution or resale;
- misuse of a product, platform or service;
- abusive, threatening, discriminatory, harassing or seriously inappropriate conduct toward me, clients, contractors, staff or service providers;
- interference with platforms, systems or other customers;
- unlawful activity;
- deliberate provision of materially false information relevant to the service;
- a material or repeated breach of these Terms; or
- another serious circumstance making continuation of the relationship unreasonable, unsafe or impracticable.
Where termination results from a customer’s serious breach, misuse or misconduct, a refund is not automatically due except where required by applicable law.
Ending or refusing future service
I am not required to continue accepting a customer’s future renewals indefinitely.
For legitimate business, professional, operational, commercial, capacity, safety or service-management reasons, I may decide to:
- decline a future renewal;
- stop renewing a Recurring Product;
- discontinue a customer’s subscription;
- cease providing a particular service to a customer;
- refuse future purchases; or
- close a customer account.
Where there are no serious grounds requiring immediate termination, I will normally either allow the already-paid service period to finish or provide reasonable notice before access ends.
Immediate Provider-initiated termination without customer fault
I may also decide that a customer relationship should end even where the customer has not committed misconduct.
If I terminate a paid service immediately for reasons unrelated to customer breach or misconduct and, as a result, a portion of an already-paid service period will not be provided, I will provide an appropriate refund for the paid service that will not be supplied where required.
Discontinuing a product or service
I may discontinue, replace, restructure or stop selling any Recurring Product.
I may also cease offering a particular service or cease operating a product altogether.
Where this means that paid service will no longer be provided:
- future recurring charges relating to that discontinued service will be stopped; and
- any refund, credit or other remedy required by applicable law will be provided.
Nothing in this section limits consumer rights that cannot legally be excluded or restricted.
16. Results
Where a product relates to fitness, health, body composition, nutrition, performance, habits or another outcome affected by individual behaviour and circumstances, results vary between customers.
Unless expressly guaranteed in writing as part of a particular product, I do not guarantee a specific:
- amount of weight loss;
- amount of muscle gain;
- increase in strength;
- body-composition change;
- physical appearance;
- performance result;
- health result; or
- other individual outcome.
Results may depend on factors outside my control, including participation, consistency, effort, nutrition, recovery, health, starting point and individual response.
17. Liability
Nothing in these Terms excludes or limits any liability, consumer protection, remedy or other right that cannot legally be excluded or limited.
To the extent permitted by law, I am not responsible for loss or harm caused by:
- misuse of a product or service;
- failure to follow reasonable safety or usage instructions;
- materially inaccurate information supplied by the customer;
- unauthorised use of an account;
- use of a product for a purpose for which it was not provided; or
- circumstances outside my reasonable control.
18. Changes to products, services and these Terms
Services, products, delivery methods and supporting materials may evolve over time.
Reasonable changes may therefore be made to products or services, provided that applicable contractual and consumer rights are respected.
If a material change affects an existing subscription, its price, its essential service or the customer’s contractual rights, appropriate notice and any applicable options will be provided where required by law.
These Terms may also be updated from time to time.
Updated Terms will apply prospectively as legally applicable and will not remove rights that have already arisen under an existing contract.
19. Privacy
Personal information relating to purchases, accounts, communications and use of services is processed in accordance with the applicable Privacy Notice.
Privacy Notice: simonepuddu.com/privacy
20. Complaints and customer support
For questions concerning:
- billing;
- subscriptions;
- cancellation;
- refunds;
- access;
- complaints; or
- other customer-support matters,
contact: simonepuddupt-help@outlook.com
I will first attempt to resolve complaints directly with the customer.
Where applicable, consumers may also have access to consumer-protection authorities, courts or alternative dispute-resolution procedures.
21. Governing law
These Terms are governed by the laws of Malta.
If you are a consumer residing in another jurisdiction, this provision does not remove any mandatory consumer protection or jurisdictional right that applies to you under applicable law.
22. Entire agreement and product-specific information
These Terms, together with:
- the relevant product description;
- the price and billing information displayed at purchase;
- promotional terms applicable to the purchase;
- other material conditions expressly disclosed before purchase; and
- the applicable Privacy Notice,
form the agreement governing the relevant Recurring Product.
No description or benefit relating solely to another product becomes part of your agreement unless it is expressly included in the product you purchased.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.
Legal information
Service provider: Simone Puddu, sole trader
Established in: Malta
Business address: Triq Sir George Borg/ Edgar Ferro, The willows apt3, Pieta PTA1533, Malta
Email: simonepuddupt-help@outlook.com
VAT number: MT22507412
Website: simonepuddu.com