These Terms of Service ("Terms") constitute a binding legal agreement between you ("User", "you") and Shelton Lalgy, sole proprietor trading as ShapeLab ("ShapeLab", "we", "our", or "us"), operating under the laws of the Republic of Mozambique, governing your access to and use of the mobile applications "ShapeLab Coach" and "ShapeLab" (the "Apps") and the administrative web panel (collectively, the "Services").
By creating an account, accessing, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to any provision of these Terms, you must immediately cease all use of the Services.
You must be at least sixteen (16) years of age to register for or use the Services. By accepting these Terms, you represent and warrant that:
If we have reason to believe that you do not meet these requirements, we may suspend or terminate your account without notice.
The Services provide tools for nutritional coaching, training plan delivery, progress tracking, and Coach-Client communication. Specifically:
The Services may be modified, expanded, restricted, or discontinued by us at any time, in whole or in part, with or without notice.
The Services do not constitute medical advice, diagnosis, treatment, or prescription. ShapeLab is a software platform that facilitates communication between Users and the storage of fitness-related information. We do not provide healthcare, medical, nutritional, dietary, psychological, or therapeutic services of any kind.
You acknowledge and agree that:
If you register as a Coach, you represent, warrant, and undertake at all times to:
You acknowledge that ShapeLab is not your employer, agent, or partner, and that the relationship between you and your Clients is independent of and separate from your relationship with ShapeLab.
If you register as a Client, you acknowledge and undertake to:
The Services include an optional artificial-intelligence-assisted feature that estimates body fat percentage from a photograph submitted by the Client. By using this feature, you expressly acknowledge and agree that:
You retain ownership of any Content you submit to the Services. By submitting Content, you grant ShapeLab a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, transmit, display, and otherwise process such Content solely to the extent necessary to provide the Services to you and to your Coach (or Clients, as applicable).
You undertake not to upload, post, or otherwise transmit any Content that:
We reserve the right, but assume no obligation, to review, monitor, refuse, remove, or restrict access to any Content at our sole discretion. We may report unlawful Content to competent authorities.
New Coaches are entitled to a complimentary trial period of seven (7) days from registration, during which they may register up to three (3) Clients. Upon expiry of the trial, continued use of the Services requires an active paid Subscription.
Each Subscription tier includes a base allocation of Client slots. Additional slots may be purchased separately, subject to availability and pricing communicated by ShapeLab.
All payments are non-refundable, save where: (i) ShapeLab has materially failed to provide the Services for a period exceeding seventy-two (72) consecutive hours due to a technical failure attributable to ShapeLab; or (ii) refund is required by mandatory provisions of applicable consumer protection law.
ShapeLab does not process or store payment card data, bank account credentials, or mobile wallet credentials. Only transaction references and confirmed amounts are recorded for accounting purposes.
The Apps are provided free of charge to Clients. Continued access to the Services as a Client depends on the corresponding Coach maintaining an active Subscription. ShapeLab assumes no responsibility for the consequences of a Coach failing to renew their Subscription, including the unavailability of new plans to the affected Clients.
You undertake not to, and not to permit any third party to:
The Services, including all software, source code, design, user interfaces, graphics, logos, the trademark "ShapeLab", and all related intellectual property rights, are owned by Shelton Lalgy or licensed to him, and are protected by the intellectual property laws of Mozambique and applicable international treaties.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for their intended purpose. All rights not expressly granted are reserved.
Nutritional plans authored by a Coach remain the intellectual property of that Coach. Progress photographs uploaded by a Client remain the property of the Client. The licence granted to ShapeLab in respect of such Content is set out in §9.
The collection, use, and other processing of Personal Data through the Services is governed by our Privacy Policy, which forms an integral part of these Terms.
You may discontinue your use of the Services at any time. To request the deletion of your account and Personal Data, follow the procedure described in §13 of our Privacy Policy or contact us at support@shapelab.co.mz.
We may suspend or terminate your account, with immediate effect and without prior notice, where:
Where reasonably possible, we will notify you of the suspension or termination and provide an opportunity to remedy the breach. Upon termination, your right to access the Services ceases immediately. Provisions which by their nature are intended to survive termination (including §5, §13, §16, §17, §18, §20, and §21) shall survive.
To the maximum extent permitted by applicable law, the Services are provided "AS IS" AND "AS AVAILABLE", without warranty of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or uninterrupted availability.
Without limiting the foregoing, we do not warrant that:
To the maximum extent permitted by applicable law, ShapeLab and its representatives, agents, and Sub-processors shall not be liable for:
Without prejudice to the foregoing, our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort, or otherwise, shall not exceed the total Subscription fees paid by you to ShapeLab in the three (3) months preceding the event giving rise to the claim. For Clients (who do not pay Subscription fees), our total aggregate liability shall be limited to the equivalent of one hundred (100) Mozambican Metical (MZN 100).
Nothing in these Terms shall exclude or limit liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
You undertake to indemnify, defend, and hold harmless ShapeLab and its representatives from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your breach of these Terms; (ii) your violation of any applicable law or any third-party right; (iii) any Content you submit; or (iv) your provision of professional services through the Services (in the case of Coaches).
We may modify, suspend, or discontinue the Services, in whole or in part, at any time, with or without notice.
We may amend these Terms from time to time. The "Last updated" date at the top of these Terms will be revised accordingly. Material changes will be notified to Users in-app or via the email address associated with the account, in advance of the changes taking effect, where required by law. Continued use of the Services following the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree to a revised version, you must cease using the Services and may request the deletion of your account.
ShapeLab shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, pandemic, labour dispute, failure of telecommunications or internet service, or failure of third-party infrastructure providers.
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Mozambique, without regard to its conflict of laws principles.
The competent courts of Maputo shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, without prejudice to any mandatory rules of law that may afford a consumer the right to bring proceedings in their country of residence.
For any matter relating to these Terms:
Shelton Lalgy, sole proprietor trading as ShapeLab
Avenida União Africana 4341, Matola, Mozambique
Email: support@shapelab.co.mz
These Terms are published in Portuguese and English. In the event of any discrepancy between the two versions, the Portuguese version shall prevail.