Terms and Conditions

Last Updated: December 25, 2025
Effective Date: December 25, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the website, programs, subscriptions, digital products, coaching services, and related offerings (collectively, the “Services”) provided by KultivateHer(“KultivateHer,” “we,” “us,” or “our”).

By accessing, purchasing from, or using the Services, you agree to be legally bound by these Terms. If you do not agree, you must not use the Services.

1. Legal Agreement

These Terms constitute a binding contract between you and KultivateHer under applicable laws of the State of Texas, including but not limited to:

  • Texas Business & Commerce Code

  • Texas Deceptive Trade Practices–Consumer Protection Act (DTPA)

  • Uniform Commercial Code (UCC), where applicable

You affirm that you are at least 18 years of age or have legal parental/guardian consent to enter into this agreement.

2. Services Provided

KultivateHer provides:

  • Fitness and lifestyle coaching

  • 1:1 coaching programs

  • Subscription-based programs

  • Digital content, guides, and educational materials

All Services are provided for educational and informational purposes only and do not constitute medical, nutritional, or mental health advice.

3. No Medical or Professional Advice

KultivateHer is not a medical provider. The Services do not diagnose, treat, cure, or prevent any disease.

You acknowledge and agree that:

  • You are responsible for consulting a qualified healthcare professional before beginning any fitness or nutrition program.

  • Participation is voluntary and at your own risk.

This disclaimer aligns with established U.S. consumer protection and liability standards.

4. User Responsibilities

By using the Services, you agree to:

  • Provide accurate and truthful information

  • Use the Services only for lawful purposes

  • Not misuse, copy, distribute, or exploit content without permission

  • Not interfere with the functionality or security of the Services

Any violation may result in suspension or termination of access.

5. Payments, Subscriptions, and Billing

Payments

All prices are listed in U.S. Dollars (USD). Payments are processed through third-party payment processors (e.g., Stripe, PayPal).

Subscriptions

  • Subscription fees are billed on a recurring basis as disclosed at checkout.

  • You are responsible for managing cancellations before the renewal date.

  • Failure to cancel does not constitute grounds for a refund.

6. Refund Policy

Due to the digital and personalized nature of the Services:

  • All sales are final.

  • No refunds, chargebacks, or exchanges will be issued once access is granted, except where required by law.

This policy complies with FTC guidelines regarding digital products and services.

7. Intellectual Property Rights

All content, materials, branding, logos, videos, text, programs, and designs are the exclusive intellectual property of KultivateHer, protected under:

  • U.S. Copyright Act

  • U.S. Trademark Act (Lanham Act)

You are granted a limited, non-transferable, revocable license for personal, non-commercial use only.

Unauthorized reproduction or distribution is strictly prohibited.

8. User-Generated Content

If you submit content (testimonials, comments, reviews, images), you grant KultivateHer a royalty-free, perpetual, worldwide license to use, reproduce, and display such content for marketing and business purposes, unless otherwise prohibited by law.

9. Limitation of Liability

To the fullest extent permitted by Texas law:

  • KultivateHer shall not be liable for any indirect, incidental, consequential, or punitive damages.

  • Total liability shall not exceed the amount paid by you for the Services in the preceding 12 months.

This limitation applies to claims based on contract, tort, negligence, or otherwise.

10. Assumption of Risk

You acknowledge that fitness and physical activity carry inherent risks, including injury or illness. You voluntarily assume all risks associated with participation in the Services.

11. Indemnification

You agree to indemnify and hold harmless KultivateHer from any claims, damages, losses, liabilities, or expenses arising from:

  • Your use of the Services

  • Violation of these Terms

  • Misuse of content or materials

12. Termination of Access

KultivateHer reserves the right to suspend or terminate access to the Services at any time, without notice, for violation of these Terms or misuse of the platform.

13. Third-Party Services and Links

The Services may include links or integrations with third-party platforms. KultivateHer is not responsible for third-party content, policies, or practices.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Any dispute shall be resolved exclusively in the state or federal courts located in Dallas County, Texas.

15. Dispute Resolution and Arbitration (Optional Clause)

At KultivateHer’s discretion, disputes may be resolved through binding arbitration in accordance with the Federal Arbitration Act (9 U.S.C. §1 et seq.).

16. Force Majeure

KultivateHer shall not be liable for delays or failure to perform due to events beyond reasonable control, including acts of God, internet outages, or government actions.

17. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy and any posted policies, constitute the entire agreement between you and KultivateHer.

19. Changes to Terms

KultivateHer reserves the right to modify these Terms at any time. Changes will be effective upon posting. Continued use of the Services constitutes acceptance.

20. Contact Information

For questions regarding these Terms, please contact:

KultivateHer
Email: coaching@kultivateher.com
Mailing Address:
Dallas, TX 75342
United States