COMPANY: GrupoVolia S.A.S. (operating as "Volia Fitness" and "Volia AI") JURISDICTION: Republic of Ecuador (Applicable Internationally)
By accessing, registering an account on, downloading, or purchasing a subscription through the Volia Fitness website, mobile application, or any associated digital platform (collectively, the "Platform"), you agree to be bound by these Comprehensive Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you (the "User") and GrupoVolia S.A.S. ("Company," "we," "us," or "our").
If you do not agree to all the terms and conditions of this agreement, you must immediately cease using the Platform. Your continued use of the Platform constitutes your explicit electronic acceptance of these Terms.
These Terms expressly incorporate our Medical Liability Disclaimer and our Privacy Policy by reference.
2.1 Age Restriction: You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to use the Platform. By creating an account, you represent and warrant that you possess the legal authority to enter into this agreement. 2.2 Account Creation: To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate. 2.3 Account Security: You are solely responsible for safeguarding your password and login credentials. You agree that you will not disclose your password to any third party. You are strictly liable for any activities or actions under your account, whether or not you have authorized such activities. GrupoVolia S.A.S. cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.
3.1 Subscription Model: Volia Fitness operates on an auto-renewing subscription model (e.g., Software-as-a-Service tiers and VIP Coaching tiers). 3.2 Payment Authorization: By providing a credit card or other payment method, you authorize GrupoVolia S.A.S. and our third-party payment processors (e.g., Stripe, PayPal) to automatically charge the applicable subscription fees, plus any applicable taxes, on a recurring basis (monthly or annually) to your designated payment method. 3.3 Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it in accordance with Section 3.4. 3.4 Self-Serve Cancellation Policy: You may cancel your subscription at any time strictly through the automated billing portal in your account dashboard settings. To avoid being charged for the subsequent billing cycle, you must initiate cancellation prior to your renewal date. We do not accept cancellation requests via email, WhatsApp, or social media direct messages. Upon cancellation, you will retain access to the Platform until the expiration of your current paid billing period. 3.5 Price Modifications: We reserve the right to modify our subscription prices at any time. Any price changes will be communicated to you with reasonable advance notice and will apply to the next billing cycle following the notice. 3.6 Referral Program: Active members may participate in the Volia Fitness referral program. By sharing a unique referral code, the referring member receives one (1) free month of service, and the new member receives a 50% discount on their first month. Free months are applied automatically to the next billing cycle. Referral free months have no cash value, cannot be exchanged for cash, and are non-transferable.
4.1 Digital Goods Exemption: Due to the immediate delivery of digital goods, the proprietary AI generation of personalized templates, and your immediate access to our intellectual property, ALL SALES ARE FINAL, NON-REFUNDABLE, AND NON-RETURNABLE. 4.2 No Prorated Refunds: GrupoVolia S.A.S. does not offer prorated refunds for canceled subscriptions, nor do we offer refunds for unused time, lack of usage, or dissatisfaction with the AI-generated protocols. 4.3 Chargeback Policy: Any attempt to dispute a valid credit card charge (a "Chargeback") constitutes a material breach of these Terms. If you initiate a chargeback for a validly processed subscription, we reserve the right to immediately suspend or permanently terminate your account. We may also submit evidence of your agreement to these Terms to the financial institution to dispute the chargeback, and we reserve the right to pursue civil collections for any funds fraudulently recovered. 4.4 Discretionary Compensation (Free Months): While refunds are strictly prohibited as outlined above, GrupoVolia S.A.S. reserves the right, in its sole and absolute discretion, to offer "free months" as compensation for service interruptions, technical issues, or customer service resolutions. Free months hold no cash value, cannot be redeemed or exchanged for currency, and cannot be transferred to another user. If a user cancels their account while possessing a balance of free months, those months are permanently forfeited.
5.1 Company IP: The Platform, its underlying code, the proprietary AI prompt logic, the generated fitness and nutrition templates, logos, text, graphics, user interfaces, visual interfaces, and the "Biology of Willpower" methodologies (collectively, the "Company IP") are the exclusive intellectual property of GrupoVolia S.A.S. and Francisco de la Vera Garcés, protected by international copyright, trademark, and trade secret laws. 5.2 Limited License: Subject to your strict compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform strictly for your personal, non-commercial health and fitness purposes. 5.3 Prohibited Conduct (No White-Labeling): You are strictly prohibited from:
6.1 License to Your Data: By uploading biometrics, check-in data, text, or images (collectively, "User Content"), you grant GrupoVolia S.A.S. a worldwide, non-exclusive, royalty-free license to use, process, and display that content solely for the purpose of operating the Platform, training our internal AI protocols (anonymized), and providing the service to you. 6.2 Prohibited Content: You agree not to upload any content that is illegal, defamatory, obscene, harassing, or infringes on the intellectual property or privacy rights of any third party.
The Platform may contain affiliate links to third-party websites, products, or services (e.g., supplements, wearable tech). GrupoVolia S.A.S. explicitly discloses that it earns a commission on purchases made through these links. We do not manufacture, control, or endorse these third-party products. We are not liable for any defective products, shipping issues, allergic reactions, or damages resulting from third-party purchases. Your interactions with third-party vendors are solely between you and the vendor.
8.1 Modifications: GrupoVolia S.A.S. reserves the right to modify, suspend, or discontinue the Platform (or any part thereof), including beta features, at any time with or without notice to you. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service. 8.2 Termination by Company: We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms, abusive behavior towards staff or the AI, or fraudulent payment activity.
9.1 Biological Individuality and No Guarantee of Results: You expressly acknowledge that human biology, metabolic rates, genetic predispositions, and responses to physical or nutritional stimuli are entirely unique to the individual. The documented history of our founder, Francisco de la Vera Garcés, represents his highly specific, unique biological response and intense personal adherence. EVERY STORY IS UNIQUE, AND PAST RESULTS DO NOT CONSTITUTE A GUARANTEE OR WARRANTY OF YOUR RESULTS. While results are expected with strict adherence, Volia Fitness cannot and does not guarantee that you will achieve identical or even similar outcomes, weight loss, muscle gain, or health improvements. 9.2 As-Is Basis: THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GRUPOVOLIA S.A.S. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9.3 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRUPOVOLIA S.A.S., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM; OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ALGORITHMIC OUTPUT.
You agree to defend, indemnify, and hold harmless GrupoVolia S.A.S., its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Platform, by you or any person using your account and password; b) a breach of these Terms; or c) your violation of any law or the rights of a third party.
11.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of Ecuador, without regard to its conflict of law provisions. 11.2 Exclusive Jurisdiction: Any legal action, suit, or proceeding arising out of or relating to these Terms or the Platform shall be instituted exclusively in the competent courts located in Guayaquil, Ecuador. 11.3 Binding Arbitration: In the event that a court of competent jurisdiction determines that a dispute cannot be heard in Ecuador, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof shall be settled by binding, confidential arbitration. 11.4 Class Action Waiver: YOU AND GRUPOVOLIA S.A.S. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
GrupoVolia S.A.S. shall not be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, acts of civil or military authorities, national emergencies, fire, flood, acts of God, insurrection, and war.
13.1 Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 13.2 Entire Agreement: These Terms, alongside our Privacy Policy and Medical Liability Disclaimer, constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements, oral or written, we might have had between us regarding the Platform.
BY CREATING AN ACCOUNT AND PURCHASING A SUBSCRIPTION, YOU ELECTRONICALLY AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED ALL COMPREHENSIVE TERMS OF SERVICE.
Smart Device Data Use and Medical Disclaimer: If you choose to sync your smart devices or health applications (e.g., via Terra API), you agree that the collected data will be used exclusively to adapt the recommendations of your AI-generated sports and nutritional protocol. GrupoVolia S.A.S. does not diagnose, treat, or prevent any disease based on this data. Automated decisions (such as forcing rest days due to low HRV or poor sleep quality) are strictly fitness-focused suggestions and do not constitute medical advice. You understand that the accuracy of biometric data depends entirely on your hardware and third-party provider.