Terms of Use

You need an account to purchase and enroll in a Product. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be very careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with information proving that you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

You may not share your account login credentials with anyone else. You are responsible for anything whatsoever that happens with your account, and Whoflex will have no responsibility when your account has been compromised by your failure to properly maintain your account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting Whoflex Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

All users must be at least 18 years of age to create an account on Whoflex and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in classes or coaching that are appropriate for you. if you are below this age of consent to use online services, you may not create a Whoflex account. If we discover that you have created an account that violates these rules, we will terminate your account. Under our Instructor Terms, you may be requested to verify your identity before you are authorized to submit a Product for publication on Whoflex.

You can terminate your account at any time by contacting Whoflex Support Team. Check our Privacy Policy to see what happens when you terminate your account.

2-1. Classes

Regarding any class made available by Whoflex, Whoflex has an assignable license provided by the instructors for the purpose of preparing, developing, marketing and delivering educational services and other related services to students. This means that we have the right to sublicense the class to the students who enroll in it. When you enroll in a class as a student, regardless of whether it is free or paid, you are getting a license from Whoflex to view the class via the Whoflex platform and Services, and Whoflex is the licensor of record. Classes are licensed, and not sold, to you. This license does not give you any right to resell the class in any manner (including by sharing account information with a purchaser or illegally downloading the class).

To clarify further, Whoflex grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the classes and associated content for which you have paid all required fees, solely for the purpose of your personal, non-commercial, educational use through the Services, in accordance with these Terms and any conditions or restrictions associated with particular classes or features of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense or otherwise transfer or use any class unless we give you explicit permission to do so in a written agreement signed by an authorized representative of Whoflex. This also applies to content you can access via any of our APIs.

Instructors do not directly license their classes to students, and any such direct license shall be null and void and a violation of these Terms.

Once you enroll in a class, you will have unlimited access for a term agreed. Currently, Whoflex offers only a three-month term (90 days) for each course. Whoflex may offer additional terms from time to time, and unlimited access to a class applies to the specific term agreed upon by the student user and Whoflex.

2-2. Coaching

Once you enroll in coaching services offered by Whoflex, you can send questions in writing, by audio or video call or in any other format to the instructor you have selected, and you can receive answers and advice in writing, by audio or video call or in any other format during the agreed term.

The details of features for Whoflex’s coaching services vary from product to product. Please refer to the webpage or our mobile app for further details regarding the features included in a particular coaching product.

Typically, Whoflex offers a three-month term (90 days) with regard to each coaching product. From time to time, Whoflex may make available shorter or longer terms. Please note that we do not edit or modify any of the student’s questions or the instructor’s answers with regard to these coaching services offered.

3-1. Pricing

In some instances, the price of a course offered on the Whoflex website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.

If you are a student located in a country where sales and use tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.

3-2. Payments

You agree to pay the fees for Products that you purchase, and you authorize us to charge your debit or credit card or process other means of payment allowed by us for those fees. Whoflex works with third-party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Product you are enrolled in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any Product for which we have not received adequate payment.

3-3. Refunds

If the Product you purchased is not what you were expecting, you can request, within fourteen days of your purchase of the Product, that Whoflex apply a refund to your account. No refund is due to you if you make such a request after the fourteen-day guarantee time limit has passed. Notwithstanding anything contained herein to the contrary, we will not issue a refund if you have used the Homework or downloaded Practice Files for the class. We will not issue a refund if you have already sent a question or made a reservation for a live coaching or have otherwise used the coaching services of Whoflex.

A refund request, when made in a timely manner and when accepted, will be applied within 30 days of such request.

As detailed in the Instructor Terms, instructors agree that students have the right to receive these refunds.

At our discretion, if we believe you are abusing our refund policy, as solely determined by us, we reserve the right to deny your refund request regardless how promptly such request was made, ban your account and/or restrict all future use of the Services. If we ban your account or disable your access to a Product due to your violation of these Terms or our Trust & Safety, you will not be eligible to receive a refund.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws and the regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

Our Services enable student users to ask questions to the instructors of classes or coaching you are enrolled in, and to post reviews of classes or coaching. For certain classes, the instructor may invite you to submit content as “homework”. Do not post or submit anything that is not yours.

If you are an instructor, you can submit Products for publication on the platform and you can also communicate with the students who have enrolled in your Products. In both cases, you must abide by the law and respect the rights of others: you cannot post any class, coaching, question, answer, review or other content that violates applicable local or national laws or the regulations of your country. You are solely responsible for any class content, answers and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Instructor Terms before you submit any Product for publication on Whoflex.

If we are put on notice that your Product or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Trust & Safety or if we believe your content or behavior is unlawful, inappropriate or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Whoflex complies with copyright laws. Check out our Intellectual Property Policy for more details.

Whoflex has discretion in enforcing these Terms and our Trust & Safety. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason. Such reasons may include without limitation: your violation of any of the Terms; your failure to pay any fees when due; a request of law enforcement or government agencies; extended periods of inactivity of your account; unexpected technical issues or problems; our suspicion or belief that you engage in fraudulent or illegal activities; or any other reason determined at our sole discretion. Upon any such termination, we may delete your account and content, and may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for such termination of your account, removal of your content or blocking of your access to our platforms and services.

If one of our instructors has published a Product that infringes your copyright or trademark rights, please let us know. We require our instructors to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy.

The content you post as a student or instructor (including classes) remains yours. Notwithstanding the foregoing, the instructor’s answers provided via coaching services are designed to be shared, and they shall not belong to the instructors exclusively. By posting content, you allow Whoflex to reuse and share it. If you are an instructor, be sure to understand the class licensing terms that are detailed in the Instructor Terms.

When you post content, comments, questions, answers or reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Whoflex to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.

By submitting or posting content on or through the platforms, you grant us a worldwide, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). Such license extends to making your content available to other companies, organizations or individuals who partner with Whoflex for the syndication, broadcast, distribution or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

We do not review or edit the Products for legal issues, and we are not in a position to determine the legality of the Product content. We do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the Products. If you enroll in a class or coaching, you rely on any information provided by an instructor at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent or objectionable. Whoflex has no responsibility to keep such content away from you and no liability for your access to or enrollment in any course, to the extent permissible under applicable law.

Regarding any Products relating to health, wellness and physical exercise, you acknowledge and understand the inherent risks and dangers in the strenuous nature of these types of Products. By enrolling in such Products, you choose to assume those risks voluntarily, including risks of illness, bodily injury, disability or death. You assume full responsibility for the choices you make before, during and after your enrollment in a Product.

Such assumption of risk on your part extends to any Products concerning investment, capital market, finance, wealth management, retirement plan and any other types of money or fund-related Product. Whoflex is not in the business of reviewing and verifying the accuracy of any representations or advice made in such Products. If you enroll in any of such Products and you accept or follow advice from an instructor, you do so at your own risk. You explicitly agree and acknowledge that Whoflex shall not be liable for any loss arising out of your enrollment in any of such Products or any investment or financial decision made by you or for you in connection therewith.

We are not a health care or medical device provider, nor should the services be considered medical advice or therapy services.

Whoflex makes no warranties, express or implied, statutory or otherwise, including, but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement of any intellectual property rights in connection with making available the classes and coaching services for you.

When you interact directly with an instructor, another student or any user at our platform, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal or confidential information about you.

We do not hire or employ instructors. They are independent contractors and are not employees of Whoflex. We are not liable for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to the conduct, communication, act or omission of any instructors, students or users of our Platform.

When you use our Services, you will find links to other websites that we do not own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should read their terms and conditions and privacy policies in considering using such websites.

All rights, titles and interests in and to the Whoflex platform and Services, including our website, our existing or future applications, our APIs, databases and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of Whoflex and its licensors. Our platforms and services are protected by copyright, trademark and other laws of both the United States and foreign countries. Nothing gives you a right to use the Whoflex name or any of the Whoflex trademarks, logos, domain names and other distinctive brand features. Any feedback, comments or suggestions you may provide regarding Whoflex or the Services is entirely voluntary. You understand and agree that, at any time without notice to you, Whoflex may use such feedback, comments or suggestions as we see fit in and without any obligation to you.

8.1. Binding Agreement

8.2. Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases. The Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement of any intellectual property rights in connection with making available classes and coaching services. We are not a health care or medical device provider, nor should the Services be considered medical advice or therapy services. We (and our affiliates, suppliers, partners and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Whoflex or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control such as the following circumstances and similar thereto; act of war, hostility or sabotage; natural disaster; electrical, internet or telecommunication outage; or government restrictions.

8.3. Limitation of Liability

There are risks inherent to using our Services; for example, if you enroll in a health and wellness classes or coaching like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. To the extent permitted by law, we (and our group companies, suppliers, partners and agents) will not be liable for any indirect, incidental, punitive or consequential damages (including loss of data, revenue, profits or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.

8.4. Confidentiality

"Confidential Information" here means non-public information of a party which is provided to the other party via Whoflex and which is either designated as confidential or of a type which should be recognized by a commercially reasonable party as confidential given the nature of the information and the circumstances of disclosure. Confidential Information of Whoflex includes the Services and its related documentation and materials, along with these Terms. All information (documented or verbal) the student user shares with the instructor as part of the coaching feature is bound by the principles of confidentiality set forth in the Terms. Student users or instructors receiving Confidential Information may use it only for purposes connected with the facilitation of these Terms and may not disclose it to any third party unless that third party is supporting the provision of the Services or otherwise performing obligations hereunder and is bound in writing by confidentiality restrictions substantially similar to those required hereunder. The obligations to maintain the Confidential Information as confidential shall remain in place for so long as the applicable information is maintained as confidential by the owning party.

The limitations on disclosure or use of Confidential information shall not apply to information which (i) is rightfully obtained by the recipient without breach of any confidentiality obligation; (ii) is or becomes known to the public through no act or omission of the recipient; (iii) the recipient develops independently without using Confidential Information of the other party; or (iv) is disclosed in response to a valid court or governmental order, if the recipient has given the other party prior written notice (unless prohibited by law or governmental authority) and provides reasonable assistance.

8.5. Indemnification

You agree to indemnify, defend and hold harmless Whoflex, its affiliates, parent companies, subsidiaries and their respective officers, directors, suppliers, partners and agents against any third-party claims, demands, losses, damages or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services, (c) your violation of these Terms or (d) your violation of any rights of a third party. Your indemnification and defense obligations will survive the termination of these Terms and your use of the Services.

8.6. Governing Law and Jurisdiction

When these Terms mention “Whoflex,” they’re referring to the Whoflex entity that you’re contracting with. In the United States, this entity is “Whoflex LLC.”

In cases where the “Dispute Resolution” section below does not apply to you, you consent to the exclusive jurisdiction and venue of federal and state courts in the City of New York in the State of New York, USA.

8.7. Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@whoflex.com).

8.8. Relationship Between Us

You and Whoflex agree that no joint venture, partnership, employment, contractor or agency relationship exists between you and Whoflex.

8.9. No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

8.10. Sanctions and Export Laws

You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren’t located in, or a resident of, any country that is subject to applicable US trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria or the Crimea region of Ukraine). You also warrant that you aren’t a person or entity who is named on any US government specially designated national or denied-party list.

If you become subject to such a restriction during the term of any agreement with Whoflex, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Whoflex).

You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.

9.1 Arbitration

If we cannot resolve our dispute amicably, you and Whoflex agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can compel arbitration. Either party can also ask the court to stay the action while an arbitration proceeding is ongoing.

9.2 The Arbitration Process

Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction.

Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.

9.3 No Class or Representative Actions and No Consolidation of Action

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine multiple people’s claims into a single case (or preside over any consolidated, class or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and cannot be used to decide other users’ disputes. If a court decides that this no class/representative action clause is not enforceable or valid, the remaining clauses of this “Dispute Resolution” shall continue to be enforceable to the extent permitted by applicable laws.

9.4 No Jury Trial

You understand and acknowledge that you and Whoflex hereby knowingly, voluntarily and intentionally waive any right to a trial by jury in respect of any litigation, legal proceeding or claim based hereon or arising out of, under or in connection with this agreement and any document contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party. You agree that this provision is a material inducement for the acceptance of these Terms of Use by Whoflex and by you.

9.5 Changes

Notwithstanding the “Updating these Terms” section below, if Whoflex changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Whoflex with written notice of such rejection by mail or hand delivery to Whoflex, Suite 704 #721, 276 5th Avenue, NY 10001, or by email from the email address associated with your account to support@whoflex.com, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Whoflex in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.