X45 Terms and Conditions

Effective Date: July 2025

Please read these Terms and Conditions (“Terms”) carefully before using the X45 platform (“X45,” “we,” “our,” or “us”), including the website, mobile experience, and any related services or content. By creating an account, accessing, or using any part of the X45 system, you agree to be bound by these legally enforceable Terms.

1. Health and Medical Disclaimer

X45 is a self-directed digital fitness and wellness platform. It is not a substitute for medical advice, diagnosis, or treatment. You are solely responsible for your health decisions and actions.

By participating, you confirm that:

You understand the risks associated with physical activity, including serious injury or death.
You are not relying on X45 for medical advice.
You have received approval from a qualified healthcare provider to engage in exercise, or you have voluntarily chosen to participate without such approval and accept full risk.

We make no claims or guarantees regarding the effectiveness, safety, or suitability of our programs for your personal condition or needs. All content is provided “as is,” without any express or implied warranties.

2. Assumption of Risk and Full Release of Liability

The member/user acknowledges that he/she will be engaging in physical exercise and/or fitness activities through X45, which may include workouts, self-assessments, fitness tests, and challenges. These activities may involve strenuous physical exertion and carry inherent risks of injury, illness, psychological distress, or death.

You expressly:

Assume all risks associated with participation, whether known or unknown.
Agree to use your best judgment to prevent injury or harm.
Waive and release any and all present or future claims against Express Fitness, X45, its owners, employees, instructors, agents, and affiliates for any injury, illness, disability, aggravation of health conditions, emotional trauma, property loss, or death.
Agree this waiver applies to negligence, whether active or passive, on the part of X45 or any of its affiliates.

This waiver is reasonable, enforceable, and proper based on the nature of digital fitness coaching.

3. Medical Emergency Clause

You agree that in the event of a medical emergency during your use of X45 programs, X45 and Express Fitness are not responsible for any lack of access to emergency services or medical intervention. You are solely responsible for seeking emergency medical help when necessary.

4. Binding Acknowledgment of Voluntary Participation

You acknowledge that your use of X45 is completely voluntary. You were not coerced, misled, or induced through any promise of results. You freely accept all associated risks.

5. No Trainer/Client Relationship Clause

Nothing in this platform creates a personal trainer-client relationship. All guidance is informational only and cannot be relied upon as customized advice.

6. No Monitoring or Supervision

X45 does not supervise, monitor, or intervene in your activities. We cannot assess your health status or physical environment.

You are fully responsible for:

Ensuring safe surroundings and proper technique.
Stopping any activity that feels unsafe.
Seeking professional help in case of pain, dizziness, or any adverse event.

7. Termination for Misuse or Breach

We reserve the right to terminate your access to X45 at any time if:

You breach these Terms or misuse the platform.
You violate community guidelines, spam, or provide false information.
Your actions put yourself or others at risk.

If terminated, no refunds will be issued, and any outstanding fees will become immediately due and payable without notice. You may also be liable for any legal fees incurred to enforce this agreement.

8. Indemnification Clause

You agree to indemnify, defend, and hold harmless X45, its owners, agents, employees, and licensors from any losses, claims, damages, costs, legal fees, or liabilities arising from:

Your breach of these Terms.
Injuries or conditions resulting from your participation.
Your use of any information, tools, or services offered by X45.

9. No Guarantees or Results Promised

We do not guarantee specific results, improvements, or transformations. Outcomes depend on multiple factors including consistency, health status, and personal effort.

10. Intellectual Property

All materials — including AI-generated coach messages, workouts, tools, designs, tests, branding, and videos — are protected intellectual property of Express Fitness/X45.

You may not copy, reproduce, resell, distribute, or alter any content without prior written consent.

11. Data Use and Privacy

Your personal data will be stored in accordance with our privacy standards. We do not share or sell your information. However, we do not guarantee data security and you accept all risk associated with storing data online.

12. Arbitration and Class Action Waiver

You agree that any disputes shall be resolved via binding arbitration in Ontario, Canada. You further agree:

Not to file or join class action lawsuits.
To pursue any claim individually.

13. Modification Rights Clause

We reserve the right to update these Terms at any time without notice. Continued use constitutes acceptance of any future revisions.

14. Survivability Clause

All disclaimers, waivers, and indemnifications in this agreement survive termination or deactivation of your account.

15. Severability Clause

If any part of this agreement is found unenforceable by a court, the remainder will continue to be fully enforceable.

16. Governing Law

These Terms are governed by and interpreted under the laws of the Province of Ontario, Canada. Disputes are subject to the exclusive jurisdiction of Ontario courts.

17. Final Acknowledgement

By creating an account or continuing beyond the signup screen, you acknowledge:

You understand and accept these Terms.
You waive any and all legal claims now or in the future.
You have had the opportunity to consult with legal counsel prior to use.

Express Fitness / X45
11611 Yonge Street, Unit 503
Richmond Hill, ON, L4E 1G2
Email: info@expressfitness.ca

BY CREATING AN ACCOUNT OR USING X45, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS IN FULL.