IMPACT PROTOCOLTerms of Use
1. Introduction and Conditions of Use
1.1. The "IMPACT PROTOCOL" program (the "Program") is a fitness and nutrition coaching program led by Gabriel Fernandez (the "Trainer"), a certified fitness trainer in the United States, based in Ashburn, Virginia, USA. The Program is owned and operated by Impact Couple Inc ("we", "us" or "our").
1.2. The Program allows the Trainer and his coaching team to provide training, guidance, and interaction with their clients (the "Clients"). It supports the administration of the Program — managing Clients, creating training plans, meal plans, recipes and exercises, tracking Client progress, and providing documents, videos and other materials that support the Program. Likewise, the Program allows Clients to interact with the Trainer and follow their progress in fitness, diet, and healthy lifestyle.
1.3. Any person who uses the Program or this website ("User" or "you") is presumed to have read the Terms of Use (including the Legal Disclaimer and the Privacy Policy) and to have unconditionally accepted the terms and conditions of use, which constitutes a binding and enforceable agreement between the User and us.
1.4. The User's use of the Program and this website is subject to the following terms and conditions (the "Terms of Use"), including the applicable policies incorporated by reference. By using the Program or this website, the User agrees to comply with these terms and conditions.
1.5. For the purposes of these Terms of Use, the term "User" refers to any natural or legal person who has accepted these Terms of Use on their own behalf or on behalf of another legal entity.
1.6. For the purposes of these Terms of Use, the term "Content" includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes, and interactive features generated, provided, or otherwise made accessible through the use of the Program or this website, including User Content (as defined below).
1.7. The Terms of Use may be revised or modified by us at our sole discretion and at any time without prior notice. The latest Terms of Use will be published here. By continuing to use or access the Program or this website after changes are made, you agree to be bound by the revised Terms of Use.
2. Eligibility
2.1. Any person over 18 (eighteen) years of age with the legal capacity to enter into contracts under applicable law is eligible to enroll in the Program. Your enrollment will be interpreted as your representation that you have the legal capacity to enter into contracts.
2.2. The User represents and warrants that they will be responsible for all use they make of the Program (as well as the use of their account by third parties) and that we will not be responsible for content posted by the User. Furthermore, we will not be liable for any damage or injury (physical or otherwise) caused. These Terms of Use will be void where prohibited by applicable law.
3. Account and Registration
3.1. To participate in the Program, you must first register and create a Client account ("User Account"). Before creating your User Account, you will be asked to read and accept these Terms, the Legal Disclaimer, and the Privacy Policy. Personal data related to your User Account will be processed in accordance with our Privacy Policy. Your User Account is non-transferable, and you are solely responsible for any activity that occurs through your User Account.
3.2. Any information provided during the registration process or at any other time will be protected in accordance with our Privacy Policy.
3.3. You are responsible for maintaining the confidentiality of your password and other details of your User Account, as well as for any activity that occurs in or through said account. You agree to notify us immediately of any unauthorized use of your User Account or any other security breach related to your account. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
3.4. Any Client who registers and creates a User Account represents that they are duly authorized to do so. Furthermore, by accepting these Terms of Use, they also bind any business entity associated with them to these Terms. At any time, the User may request deletion of their account. Upon deactivation of the User Account, these Terms will be terminated.
3.5. If any person other than you accesses your User Account, they may perform actions on your behalf, modify the account, accept legal terms, make representations and warranties, among other actions. Such actions will be deemed to have been carried out on your behalf and under your responsibility. We have security measures in place to protect User Content, but do not guarantee that there will be no unauthorized access by third parties. If you suspect that someone else knows your password or that your account has been compromised, you must notify us immediately. If we have reason to believe there is a possible security breach or misuse, we may ask you to change your password or suspend your account without any liability. We also reserve the right to suspend or cancel your User Account if we determine that your use of the Program seriously and repeatedly violates these Terms of Use.
3.6. You also accept and confirm that: you will provide accurate, current, and complete information when requested ("Registration Data"); you will maintain and promptly update the Registration Data; and you will indemnify and hold us harmless from all claims arising from the use of any information you provide.
4. Fees and Payment Terms
4.1. Participation in the Program is subject to the applicable service fees (the "Fees"). The Fees and their payment terms will be communicated to you personally by email or telephone. The Fees will be charged in U.S. dollars (USD). By purchasing the Program, you agree to pay the Fees in accordance with these Terms. Any change in the Fees will be communicated to you and, if necessary, we will request your consent to such changes.
4.2. All Fees are exclusive of taxes, levies, or duties imposed by tax authorities. Unless otherwise indicated, you are responsible for paying all applicable taxes.
4.3. For the payment of Fees, you may use a valid credit/debit card or other electronic payment methods ("Virtual Payment Methods"). Such payments will be processed by a third-party payment processor (the "Payment Processor"), who will be solely responsible for handling your payments. You agree not to hold us responsible for payments that do not reach us because you have provided incorrect information or because the Payment Processor rejected the payment for any reason. We do not store your credit card details on our systems.
4.4. You accept and understand that all conditions related to the Virtual Payment Methods will be governed exclusively by the Payment Processor. Payments are non-refundable, except as expressly provided in Section 18 (Cancellation and Refund Policy).
4.5. We will not be liable for any loss you suffer due to the lack of authorization to complete a transaction resulting from exceeding your pre-established payment limit on the Virtual Payment Methods.
5. Availability
5.1. We will strive to ensure that the Program and this website are operational and free of interruptions. However, temporary interruptions may occur due to technical difficulties, routine maintenance, or any other event beyond our control. We reserve the right to modify, suspend, or discontinue all or part of the Program or this website at any time. You agree that we will not be liable to you or to third parties for any direct or indirect consequence arising from such modification, suspension, interruption, or discontinuation.
6. User Content
6.1. You may be able to create, post, share, upload, and submit content ("User Content"). You will retain ownership of such User Content and will be solely responsible for its content and the risks associated with it.
6.2. By submitting, uploading, or posting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable right to copy and store such content as a backup copy on our systems. We will not distribute, publish, or share your User Content with third parties, except as required by law. You will ensure that your content does not infringe these Terms of Use or any applicable law, including intellectual property laws.
6.3. You are responsible for the User Content you provide and for the consequences arising from its use. By uploading User Content, you warrant that you have sufficient rights and authority.
6.4. To ensure security, we may (although we are not obligated to) monitor or review User Content. We reserve the right, at our sole discretion, to reject, modify, remove, or restrict any User Content that violates the Terms of Use or may harm our reputation.
6.5. You are not permitted to publicly disclose personal data of third parties without their prior and explicit consent.
7. Other Representations, Warranties, and Commitments
7.1. You agree to be solely responsible for your Registration Data and User Content, and you agree not to host, display, upload, modify, publish, transmit, update, or share information that: belongs to another person and which you have no right to share; is offensive, defamatory, pornographic, obscene, pedophilic, seditious, invasive of another's privacy, racist, discriminatory, or promotes money laundering, gambling, or other illegal activities; harms minors in any way; infringes patents, copyrights, trademarks, or other proprietary rights of third parties; violates any law in force; deceives or misleads as to the origin of the content; involves impersonation of another person; contains computer viruses or any other malicious code; threatens the sovereignty, security, or integrity of any country; gives rise to legal liability for us; constitutes spam, unauthorized advertising, pyramid schemes, chain letters, or political campaigns; or is otherwise unlawful in any manner.
7.2. We reserve the right to remove or edit any content that violates these terms. If you believe that any content is inappropriate, please contact us at impactcouple24@gmail.com.
7.3. You will not attempt to gain unauthorized access to the Program, other Users' accounts, computer systems, or networks through hacking, phishing, password mining, or other illicit means.
8. Force Majeure
8.1. We will not be liable for any failure and/or delay in the performance of our obligations under these Terms of Use if such failure and/or delay is due to a Force Majeure Event.
8.2. A "Force Majeure Event" means any event due to causes beyond our reasonable control, including, but not limited to, the unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of nature, civil unrest, strikes, transportation failures, riots, hostilities, governmental acts, failures or cyberattacks. Non-payment by the User will not be considered a Force Majeure Event.
9. User Responsibility
9.1. The User represents and warrants that all information provided is true, correct, and complete.
9.2. The User represents and warrants that they are aware of all applicable laws related to the use of the Program and that they are not violating any law in force.
9.3. The User acknowledges and accepts that we will not be liable for damages, including bodily injury, arising from the use of the Program.
10. Restrictions on the Use of Content
10.1. The information and content provided are our exclusive property and are protected by applicable intellectual property laws. No person may use, copy, transmit, reproduce, publish, modify, or distribute any part of the Program or this website without our express permission.
10.2. In addition, the User may not: interfere with the proper functioning of the Program or this website; attempt to damage, disable, or overload our infrastructure; evade any security measure; execute any form of automated response or "spam"; use automated software to crawl or extract data without authorization; copy, reproduce, decompile, or reverse engineer; modify, translate, or create derivative works; or distribute, sell, or exploit any content without our express authorization.
10.3. We have the right to access, read, preserve, and disclose any information when reasonably necessary to: comply with applicable laws; enforce these Terms of Use; prevent fraud or security issues; respond to User support requests; or protect our rights, property, or safety.
11. Limitation of Liability
11.1. Except as otherwise provided by applicable law, we will not be liable for any incidental, punitive, special, or any other damages arising from participation in the Program.
11.2. We will not be liable for: health problems arising from participation in the Program, including exercises, videos, plans, or materials provided by the Trainer or the coaching team; loss of profits; loss of business reputation; loss of opportunities; or loss of data.
12. Indemnification
12.1. You agree to indemnify and hold us harmless from any claim or demand brought by third parties due to your breach of these Terms of Use, misuse of the Program, or violation of any law or third-party right.
13. Geographic Scope
13.1. The Program may be accessible in multiple jurisdictions. We do not guarantee that the content is appropriate or lawful in all regions.
13.2. If you access the Program from outside the United States, you are solely responsible for complying with the applicable laws in your jurisdiction.
14. Intellectual Property Rights
14.1. The content available may only be used for personal and non-commercial purposes. No license is granted over patents, copyrights, trade secrets, or trademarks.
14.2. You agree that any feedback or suggestions you provide are voluntary and may be used by us without any obligation of compensation.
15. Jurisdiction and Governing Law
15.1. These Terms of Use will be governed by the laws of the United States. Any dispute will be resolved in the courts of the Commonwealth of Virginia, USA.
16. Complaints and Dispute Resolution
16.1. For any complaint or concern, you may contact:
Name: Gabriel Fernandez
Email: impactcouple24@gmail.com
17. General Provisions
No Waiver: Failure to exercise a right under these Terms of Use will not be construed as a waiver of that right.
Severability: If any clause is found to be illegal or unenforceable, the remainder of the terms will remain in force.
Term and Termination: These Terms take effect upon your acceptance and will remain in force until they are updated or until you stop participating in the Program.
Modifications: We reserve the right to modify these Terms at any time. We will notify you of important changes if we have your email address.
Breach: If you breach these Terms, we may issue you a warning; suspend or delete your account; restrict your participation; report you to the competent authorities; or take legal action.
Assignment: You may not transfer your rights under these Terms without our consent. We may transfer our rights without prior notice.
18. Cancellation and Refund Policy
18.1. Cancellation and Refund Window. Cancellation windows are counted from the date the initial payment is made:
- Within 72 (seventy-two) hours: the Client is eligible for a 100% refund of the amount paid.
- Within 7 (seven) days: the Client is eligible for a 50% refund, provided the onboarding process was completed.
The cancellation must be stated in writing — via message or email — before the end of the applicable period. After the 7-day period, cancellations and refunds are not allowed.
18.2. Results Guarantee. Clients join the IMPACT PROTOCOL program to get healthier and look better, and if they follow through and apply what we give them, they will see results — guaranteed. Accordingly, a Client is eligible for a 100% refund if they meet ALL of the following conditions:
- They complete all of their weekly check-ins, including pictures, weight, and waist measurement.
- They have weekly documented communication with their coach.
- They have over 80% adherence, documented, for at least 1 (one) of the 2 (two) components: the nutrition plan or the training plan.
- They provide blood work taken before starting the Program (no more than 2 months old) and blood work taken at the end of the Program.
If the Client meets all of the above conditions and does not achieve at least one of the following results — losing at least 10 lbs, losing at least 2 inches off their waist, a visible physical change, or a blood work improvement indicating an improvement in health — we will refund 100% of the money paid.
Disclaimer
No Warranties. The Program and this website are provided "as is" and "as available", without warranties of any kind. We do not guarantee that the Program or this website will always be available or error-free, or that the information provided is accurate or complete.
Limitations of Liability. We will not be liable for business or economic losses; errors in the Program or this website; third-party links or content; or misuse of the Program or its services.
Other Disclaimers. The content may be offensive or inappropriate for some users. We assume no responsibility for any third-party content.
These Terms of Use, together with the Privacy Policy and the Disclaimer, govern your access to and use of the Program and this website. By using the Program or this website, you agree to comply with these terms.
Last updated: February 02, 2025