Terms of Use

1ACCEPTANCE OF THESE TERMS

These Terms of Use and End User License Agreement (“Terms”) are a legal agreement between you and Bida Foundation Online LLC, doing business as Bida Foundation (“Bida Foundation,” “we,” “us,” or “our”).

These Terms apply to:

the Bida Foundation mobile application;

Bida Foundation pages and services hosted through the Bida Fencing Academy website;

videos, workouts, training programs, community features, accounts, subscriptions, and digital content provided through Bida Foundation;

related support and communications.

By downloading, accessing, purchasing, subscribing to, or using Bida Foundation, you agree to these Terms and our Privacy Policy.

If you do not agree, do not use the service.

2ELIGIBILITY AND MINORS

You must be legally capable of entering into this agreement.

Users under 18 may use Bida Foundation only with the permission and supervision of a parent or legal guardian.

A child under 13 in the United States, or under the applicable minimum digital-consent age in another jurisdiction, may not independently create an account or submit personal information without any consent required by law.

A parent or guardian who creates or manages an account for a minor accepts these Terms on the minor’s behalf and is responsible for supervising the minor’s use of the service.

3LIMITED LICENSE

We grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to use Bida Foundation for your own non-commercial training and educational purposes.

You may not:

copy, reproduce, record, download, distribute, publish, sell, rent, license, or publicly display our content unless we expressly permit it;

share paid content or account credentials with another person;

use our videos or training programs to operate a commercial class, coaching service, course, or competing product;

modify, translate, reverse engineer, decompile, or attempt to extract the source code of the application;

bypass subscription controls, access restrictions, security systems, or payment requirements;

scrape, collect, or extract content or user information through automated means;

use our content to train artificial intelligence systems, create datasets, or develop competing products without written permission;

use Bida Foundation in violation of any law or third-party right.

This license ends when your account or access is terminated.

4ACCOUNTS AND SECURITY

You must provide accurate and current account information.

You may not impersonate another person, create an account using false information, or use another person’s account without authorization.

You are responsible for:

maintaining the confidentiality of your login credentials;

all activity conducted through your account;

promptly notifying us of suspected unauthorized access;

keeping your email address and other account information current.

We may require identity or account verification before restoring access, processing a privacy request, or providing account information.

5PHYSICAL ACTIVITY AND SAFETY

Bida Foundation includes fencing exercises, footwork, conditioning, stretching, mobility, and other physical activities.

Physical activity involves inherent risks, including falls, collisions, overexertion, muscle strain, and other injuries.

Before beginning any workout:

make sure you have sufficient safe space;

remove obstacles and dangerous objects;

use appropriate clothing, footwear, and equipment;

follow the instructions shown in the program;

choose training appropriate for your current health, age, experience, and fitness level;

obtain adult supervision when appropriate;

stop immediately if you experience pain, dizziness, weakness, difficulty breathing, or unusual discomfort.

Consult an appropriate healthcare professional before beginning a new exercise program, particularly if you have an injury, medical condition, physical limitation, or concern about your ability to participate safely.

You are responsible for deciding whether a workout is appropriate for you.

To the fullest extent permitted by law, you voluntarily assume the ordinary risks associated with participating in physical activity.

6NO MEDICAL OR PROFESSIONAL ADVICE

Bida Foundation provides general educational and training content.

The service does not provide:

medical advice, diagnosis, or treatment;

physical therapy or rehabilitation services;

emergency services;

individualized medical or nutritional advice;

a substitute for in-person instruction from a qualified fencing coach;

certification or authorization to teach fencing;

accreditation from USA Fencing, the FIE, NCAA, or another governing body.

Never disregard professional medical advice because of information presented through Bida Foundation.

7NO GUARANTEE OF RESULTS

Athletic development depends on many factors, including age, health, experience, training environment, coaching, consistency, effort, and individual ability.

We do not guarantee:

improvement within a particular period;

competition results;

rankings, ratings, medals, scholarships, recruitment, or team selection;

admission to a school, college, university, or national team;

that every program will be appropriate for every athlete.

Bida Foundation is designed to supplement training, not replace individualized coaching or professional supervision.

8CONTENT AND INTELLECTUAL PROPERTY

Bida Foundation and its content are owned by or licensed to us and are protected by copyright, trademark, and other intellectual-property laws.

Protected content includes:

videos and photographs;

workout programs and training plans;

written instructions and educational materials;

graphics, logos, designs, and trademarks;

software, application features, and databases;

audio, text, and downloadable materials.

Purchasing a subscription or digital product gives you access under these Terms. It does not transfer ownership of the content to you.

“Bida Foundation,” “Bida Fencing Academy,” related logos, and associated branding may not be used without written permission.

9USER CONTENT AND COMMUNITY FEATURES

Bida Foundation may allow users to post comments, photographs, progress updates, messages, or other content.

You retain ownership of content you submit. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute that content as reasonably necessary to operate and improve the service.

You represent that:

you own the content or have permission to submit it;

the content does not violate another person’s privacy, copyright, trademark, or other rights;

the content is accurate to the best of your knowledge;

you have obtained appropriate permission before posting an image or information about another person.

You may not post content that is:

unlawful, threatening, abusive, harassing, discriminatory, or defamatory;

sexually explicit or inappropriate for minors;

fraudulent, misleading, or impersonating another person;

infringing or unauthorized;

promotional spam or unrelated commercial advertising;

dangerous or encouraging unsafe activity;

designed to interfere with the application or another user.

We may review, restrict, remove, or preserve user content and may suspend accounts for violations of these Terms or any posted Community Rules.

Publicly posted information may be visible to other users. Do not post information that you want to keep private.

10PURCHASES AND ONE-TIME CONTENT

Bida Foundation may offer subscriptions, individual programs, courses, or other digital products.

The price, content, access period, and other material purchase terms will be displayed before you complete a transaction.

A one-time purchase grants access to the purchased digital content for the period disclosed at checkout, if a limited period applies. It does not transfer ownership or permit redistribution.

Purchases made through Apple App Store or Google Play are processed by the applicable platform. We generally do not receive or store your complete payment-card information.

Taxes may be added where required.

11AUTO-RENEWING SUBSCRIPTIONS

Some Bida Foundation services are offered through automatically renewing subscriptions.

Before purchase, the applicable app store will display:

the subscription price;

the billing period;

whether a trial or introductory offer applies;

the date or frequency of renewal;

available cancellation options.

Unless canceled, a subscription automatically renews at the end of each billing period at the price presented by the applicable platform, subject to any required notice or consent for a price change.

If a free trial or promotional period is offered, it may convert to a paid subscription unless canceled before the renewal date displayed in your app-store account.

Subscriptions purchased through Apple must be managed through the subscriber’s Apple Account.

Subscriptions purchased through Google Play must be managed through the subscriber’s Google Play account.

Deleting the application or deleting a Bida Foundation account does not automatically cancel an app-store subscription.

After cancellation, access generally continues until the end of the period already paid for, unless the applicable platform, law, or offer terms state otherwise.

12CANCELLATIONS, REFUNDS, AND PRICE CHANGES

You may cancel an automatically renewing subscription before the renewal date shown in your Apple or Google account.

Refund eligibility is determined by:

the policies of the platform that processed the purchase;

the purchase terms displayed at checkout;

applicable consumer-protection law.

We do not promise that every purchase is refundable. We also do not limit any refund right that cannot legally be waived.

If Apple processed the payment, refund requests should generally be submitted through Apple.

If Google Play processed the payment, refund requests should generally be submitted through Google Play or to us where Google permits developer-issued refunds.

We may change subscription prices or available plans. Existing subscribers will receive any notice or request for consent required by the applicable platform or law.

13CHANGES TO CONTENT AND SERVICES

We may add, remove, replace, reschedule, or update:

workouts and training programs;

instructors and featured athletes;

community features;

free and paid content;

application functions;

subscription plans.

We do not guarantee that any particular video, instructor, course, feature, or workout will remain available indefinitely.

Where reasonably possible, material changes affecting paid access will be handled in accordance with applicable law and app-store requirements.

14THIRD-PARTY SERVICES

Bida Foundation may contain links to or integrations with third-party services, including Apple, Google, social networks, video-hosting providers, and payment services.

Those services are governed by their own terms and privacy policies.

We do not control and are not responsible for third-party content, availability, transactions, security, or privacy practices.

You must comply with applicable third-party terms when using Bida Foundation.

15PRIVACY

Our collection and use of personal information are governed by the Bida Foundation Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference.

16SUSPENSION AND TERMINATION

We may suspend or terminate access if you:

violate these Terms;

misuse the application or content;

share paid access without permission;

engage in fraud, harassment, or unlawful conduct;

interfere with the operation or security of the service;

create a safety risk for another person;

fail to pay applicable charges.

Where appropriate, we may provide notice and an opportunity to correct the violation. We may act immediately when necessary to protect users, the service, our rights, or legal compliance.

You may stop using Bida Foundation at any time and may request account deletion as described in the Privacy Policy.

Termination of an account does not automatically cancel an Apple or Google subscription.

Sections concerning intellectual property, payments, disclaimers, liability, dispute resolution, and other provisions that logically should survive will remain effective after termination.

17DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, BIDA FOUNDATION IS PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DO NOT WARRANT THAT:

THE SERVICE WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE;

EVERY DEFECT WILL BE CORRECTED;

THE CONTENT WILL BE COMPLETE OR SUITABLE FOR EVERY USER;

USE OF THE SERVICE WILL PRODUCE A PARTICULAR RESULT;

THE APPLICATION WILL BE COMPATIBLE WITH EVERY DEVICE;

THE SERVICE WILL BE FREE OF HARMFUL CODE OR TECHNICAL INTERRUPTIONS.

WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT THOSE WARRANTIES MAY LAWFULLY BE DISCLAIMED.

NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR CONSUMER RIGHT THAT CANNOT LEGALLY BE EXCLUDED.

18LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, BIDA FOUNDATION AND ITS OWNERS, AFFILIATES, EMPLOYEES, COACHES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OPPORTUNITY, OR GOODWILL.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF:

THE AMOUNT YOU PAID TO BIDA FOUNDATION DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR

US $100.

These limitations do not apply to liability that cannot legally be limited, including liability arising from fraud, willful misconduct, or gross negligence where applicable law does not permit limitation.

Some jurisdictions do not allow certain exclusions or limitations, so part of this section may not apply to you.

19INDEMNIFICATION

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Bida Foundation and its owners, affiliates, employees, coaches, contractors, and service providers from claims, losses, liabilities, and reasonable expenses arising from:

your unlawful or unauthorized use of the service;

content you submit;

your violation of these Terms;

your infringement of another person’s rights.

This section does not require a consumer to indemnify us for our own negligence, misconduct, or violation of law.

20DISPUTE RESOLUTION AND ARBITRATION

Informal Resolution

Before filing arbitration or litigation, the complaining party must send a written notice describing:

the party’s name and contact information;

the facts giving rise to the dispute;

the requested relief.

Notices to Bida Foundation must be sent to [email protected] with the subject line Notice of Dispute.

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice.

Individual Arbitration

Except for excluded claims listed below, you and Bida Foundation agree that disputes arising from these Terms or the service will be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect.

The Federal Arbitration Act governs this arbitration provision.

The arbitration may be conducted remotely, by documents, or in the county where you live, unless the parties agree otherwise.

Fees will be allocated under the applicable AAA Consumer Rules. We will pay arbitration costs that we are required to pay under those rules or applicable law.

Exceptions

Either party may bring:

an eligible claim in small claims court;

a claim seeking temporary or preliminary relief to protect intellectual-property or security rights;

a claim for public injunctive relief that applicable law does not permit to be resolved through individual arbitration.

Class Action and Jury Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

YOU AND BIDA FOUNDATION WAIVE THE RIGHT TO A JURY TRIAL FOR CLAIMS SUBJECT TO ARBITRATION.

Arbitration Opt-Out

You may opt out of this arbitration provision by sending an email to [email protected] within 30 days after first accepting these Terms.

The email must include:

your full name;

the email associated with your account;

a clear statement that you are opting out of arbitration.

Opting out will not affect the remaining Terms.

21GOVERNING LAW AND COURTS

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where federal law applies or local consumer law gives you non-waivable rights.

For disputes not subject to arbitration, you and Bida Foundation consent to the state and federal courts located in Santa Clara County, California, unless applicable law permits you to bring a claim elsewhere.

22APPLE-SPECIFIC TERMS

If you access Bida Foundation through an Apple device or the App Store:

these Terms are between you and Bida Foundation, not Apple;

Bida Foundation, not Apple, is responsible for the application and its content;

your license is limited to use on Apple-branded products that you own or control, as permitted by Apple’s applicable usage rules;

Apple has no obligation to provide maintenance or support for Bida Foundation;

if the application fails to conform to an applicable warranty, you may notify Apple, and Apple may refund any purchase price paid for the application, if applicable;

to the maximum extent permitted by law, Apple has no other warranty obligation regarding the application;

Bida Foundation, not Apple, is responsible for addressing product, consumer-protection, privacy, regulatory, and intellectual-property claims concerning the application;

you represent that you are not located in a country or region subject to a United States government embargo and are not listed on a United States government prohibited or restricted-party list;

you must comply with applicable third-party terms when using the application;

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-specific provisions against you.

23GOOGLE PLAY-SPECIFIC TERMS

If you access Bida Foundation through Google Play:

these Terms are between you and Bida Foundation, not Google;

Google Play’s applicable terms also govern your download, billing, subscription management, cancellation, and refund requests;

Google is not responsible for providing support for Bida Foundation;

you must comply with Google Play’s applicable usage and payment rules.

24CHANGES TO THESE TERMS

We may update these Terms to reflect changes in:

the service or available content;

subscription and payment practices;

technology or security;

legal or regulatory requirements.

The updated version will be posted with a revised “Last Updated” date.

If a change materially affects your rights, we will provide additional notice where required by law.

Your continued use after the effective date of an updated version constitutes acceptance, except where applicable law requires additional consent.

25GENERAL TERMS

If any provision is found unenforceable, the remaining provisions will remain in effect.

Our failure to enforce a provision is not a waiver of that provision.

You may not transfer your rights under these Terms without our permission. We may transfer these Terms as part of a merger, reorganization, financing, sale of assets, or similar transaction.

These Terms, together with the Privacy Policy and any purchase terms shown at checkout, form the entire agreement concerning your use of Bida Foundation.

If app-store terms or applicable law provide stronger non-waivable consumer protections, those protections will control.

26CONTACT US

Questions, complaints, support requests, and legal notices may be sent to:

Bida Foundation Online LLC255 Union Ave, Apt. D1076Campbell, CA 95008United States

Phone: +1 (669) 667-9525

Email: [email protected]

For legal notices, use the subject line:

Bida Foundation Legal Notice