COMPANY: GrupoVolia S.A.S. (operating as "Volia Fitness" and "Volia AI") JURISDICTION: Republic of Ecuador (Applicable Internationally)
1.1 Informational Purposes Only: The services, software, AI-generated protocols, algorithms, text, graphics, images, nutritional templates, exercise routines, and other materials contained on the Volia Fitness platform (collectively, the "Platform") are provided strictly for informational, educational, and self-directed fitness purposes only. 1.2 No Medical Professionals: GrupoVolia S.A.S., Volia Fitness, Francisco de la Vera Garcés, our employees, contractors, and any associated Artificial Intelligence (AI) agents are NOT medical doctors, registered dietitians, licensed nutritionists, physical therapists, or licensed healthcare providers. 1.3 No Medical Relationship: The use of the Platform does not establish a doctor-patient, therapist-client, or any other privileged healthcare relationship between you and GrupoVolia S.A.S. No fiduciary duty or "duty of care" is established by your subscription to this service. 1.4 Not a Substitute for Professional Advice: The content provided by Volia Fitness is not intended to be a substitute for professional medical advice, diagnosis, treatment, or cure for any disease, injury, or physical condition. Always seek the advice of your primary care physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, interpreted, or received from Volia Fitness.
2.1 Acknowledgment of Danger: You, the user, expressly acknowledge and understand that participation in high-intensity exercise, weightlifting, cardiovascular training, prolonged fasting protocols, extreme caloric deficits, and severe macronutrient alterations carry inherent, significant, and unpredictable risks. 2.2 Scope of Physical and Mental Risks: You acknowledge that these activities may result in severe injury or adverse health outcomes. These risks include, but are not limited to:
3.1 Requirement for Medical Clearance: If you suffer from, have a history of, or suspect you may have any pre-existing medical conditions, you MUST obtain explicit, written clearance from a licensed medical physician prior to adopting any routine, fasting protocol, or nutritional template generated by Volia Fitness. 3.2 Specifically Flagged Conditions: Conditions requiring mandatory physician clearance include, but are not limited to: cardiovascular disease, hypertension, severe joint or spinal degeneration, metabolic disorders (including Type 1 and Type 2 Diabetes, Metabolic Syndrome), autoimmune diseases, endocrine disorders, eating disorders, or if you are pregnant, nursing, or planning to become pregnant. 3.3 No Pharmacological Interference: Volia Fitness and its AI are strictly prohibited from altering, recommending, prescribing, or diagnosing pharmacological treatments. The Platform will not and cannot advise you on the dosage or cessation of any medication (e.g., Mounjaro, Xigduo, insulin, blood pressure medications, etc.). You must manage all medications strictly under the direct supervision of your prescribing physician.
4.1 Autonomous Algorithmic Generation: You acknowledge and understand that the Volia Fitness platform heavily utilizes advanced Artificial Intelligence (including Large Language Models and algorithmic decision trees) to parse your biometric data, medical history, and check-ins to autonomously generate fitness and nutritional templates. 4.2 NO GUARANTEE OF HUMAN SUPERVISION: You explicitly acknowledge, understand, and agree that your data, check-ins, and generated routines may be processed entirely by Artificial Intelligence WITHOUT ANY HUMAN REVIEW, INTERVENTION, OR OVERSIGHT BY A HUMAN COACH OR ADMINISTRATOR. 4.3 Algorithmic "Hallucinations" and Errors: AI algorithms are experimental technologies subject to "hallucinations," logical failures, contextual misunderstandings, and outright errors. The AI may generate protocols that are mathematically incorrect, physically impossible, or medically dangerous for your specific biology. 4.4 User Burden of Review: You agree that it is solely your responsibility to review all generated protocols with extreme caution and common sense. You agree to consult a physician immediately if any generated protocol seems physically dangerous, causes pain, or contradicts your doctor's prior orders. GrupoVolia S.A.S. accepts zero liability for algorithmic errors, automated decisions, or the lack of human intervention that may lead to physical injury, negative health outcomes, or death.
5.1 Not a Monitoring Service: You acknowledge that the Platform does not monitor your vital signs or biometrics in real-time. We do not provide emergency medical monitoring. 5.2 Emergency Protocol: If you experience a medical emergency, severe pain, chest pressure, dizziness, or fainting while executing a Volia Fitness protocol, you must immediately stop all physical activity and call your local emergency services (e.g., 911 in the USA, ECU911 in Ecuador, 112 in Europe) or go to the nearest hospital. Do not rely on the Platform or AI chatbot for emergency medical advice.
6.1 Individual Variance: The testimonials, marketing materials, stories, and personal history of the founder (Francisco de la Vera Garcés) are true and accurate representations of his personal journey. However, they are NOT a guarantee, promise, or representation of the results you will achieve. Whatever physiological, metabolic, or physical results he or any other user achieves do not constitute a baseline expectation for your own biological response. 6.2 No Warranties: Human biology, genetic predispositions, environmental factors, and strict adherence to protocols vary wildly from person to person. You accept that Volia Fitness cannot and does not guarantee any specific outcomes, including but not limited to weight loss, muscle hypertrophy, fat reduction, or disease reversal.
7.1 Complete Release: To the absolute maximum extent permitted by international and Ecuadorian law, you (on behalf of yourself, your heirs, executors, administrators, and assigns) hereby forever release, waive, discharge, and covenant not to sue GrupoVolia S.A.S., its founder, officers, directors, employees, contractors, affiliates, subsidiaries, and AI licensors (collectively, the "Released Parties"). 7.2 Scope of Release: This release covers any and all claims, demands, liabilities, rights, damages, expenses, and causes of action of whatever kind or nature, whether based on negligence, breach of contract, strict liability, or otherwise, arising out of or resulting from your use of the Platform, the AI-generated protocols, or any physical activities undertaken in connection with the Platform.
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable and actual attorneys' fees) that such parties may incur as a result of or arising from your breach of this Disclaimer, your failure to obtain required medical clearance, or any injuries you suffer or cause to third parties while executing a Volia Fitness protocol.
9.1 Governing Law: This Comprehensive Medical Liability Disclaimer and Waiver of Risk shall be governed by and construed strictly in accordance with the laws of the Republic of Ecuador, specifically aligning with the Ley de Comercio Electrónico, Firmas Electrónicas y Mensajes de Datos and the Ley Orgánica de Defensa del Consumidor, without regard to conflict of law principles. 9.2 Exclusive Jurisdiction (Export of Services): Because Volia Fitness operates globally as a digital service, users residing outside of Ecuador explicitly agree that by using the Platform, they submit to the exclusive, overriding jurisdiction of the competent courts located in Guayaquil, Ecuador for the resolution of any disputes arising out of or related to this agreement. You explicitly, knowingly, and voluntarily waive your right to litigate, sue, or bring claims against the Company in the courts of your home country, state, or province (including the United States of America and the European Union). 9.3 Class Action Waiver: You agree that any claims brought against GrupoVolia S.A.S. must be brought in your individual capacity, and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. 9.4 Severability: If any provision of this Disclaimer is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Disclaimer shall otherwise remain in full force, effect, and enforceability.
BY CREATING AN ACCOUNT, PURCHASING A SUBSCRIPTION, OR UTILIZING THE VOLIA FITNESS PLATFORM, YOU ELECTRONICALLY AGREE THAT YOU HAVE READ THIS ENTIRE DOCUMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO IT, AND ACCEPT IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.