Terms and Conditions of Use

The terms and conditions mentioned in this digital portal ("User Conditions") will be applicable for the use of the Website www.atomstudio.com.mx, referred to as the "Website," and, especially, to be able to use, enjoy, and receive the services offered by AB HEALTH & WELLNESS SA DE CV (as that term is defined below). IT IS EXTREMELY IMPORTANT THAT YOU CAREFULLY READ THE USER CONDITIONS DESCRIBED BELOW BEFORE USING OUR SERVICES.

The company you are contracting with is AB HEALTH & WELLNESS SA DE CV ("atoms studio"), a company duly constituted under Mexican law, in the form of a corporation with variable capital, and duly registered with the Public Registry of Property and Commerce of the City of Monterrey, Nuevo León, under electronic mercantile folio No. 2018031548. "atoms studio" designates its address for all matters related to this contract as Calzada San Pedro 603, Local 301, Colonia Fuentes del Valle, San Pedro Garza García, Nuevo León.

WHAT SERVICES DOES “ATOMS STUDIO” PROVIDE?

"atoms studio" offers the general public services consisting of physical conditioning through high-performance exercises, specifically physical exercises using equipment commercially known as "pilates reformer/redcord," in the classes, schedules, and locations specified by "atoms studio" that are currently open or will open in the future in Mexico. Additionally, "atoms studio" offers services related to these classes, specifically physical conditioning advice ("Service").

HOW IS A CONTRACT CONCLUDED BETWEEN "ATOMS STUDIO" AND THE GENERAL PUBLIC?

To be able to use and enjoy the "Services," the general public, and specifically you, must enter the "Website" and create a personal user account. To do so, you must follow the instructions and provide the required information through the Website. You must also give your consent and accept these terms and conditions through the electronic acceptance option that appears on the "Website". This acceptance will be understood as your express consent between you and the company AB HEALTH & WELLNESS SA DE CV to enter into this contract, with both parties subject to the obligations of the same ("Contract"). Once you accept these Terms and Conditions, "atoms studio" will register your personal account as a User of the "Services." At that moment, you agree and accept to provide "atoms studio" with the personal information that "atoms studio" deems appropriate now or at a later date, which will be necessary and/or convenient to be able to provide the "Services." Your personal data will be processed in accordance with the "atoms studio" Privacy Notice, which is transcribed below and is considered incorporated herein by reference, and in compliance with the Federal Law on the Protection of Personal Data Held by Private Parties.

By giving your consent in this contract, you agree to provide your credit card information or another electronic payment method accepted by "atoms studio" for the "Services" and express your consent for "atoms studio" to make the corresponding charges for the "Services" you contract. Once you have completed the registration and submitted the requested personal documentation for your file with "atoms studio," a personal account will be created for you, which you can access through the Website by logging in with your username and password. "atoms studio" informs you through this contract that you are solely responsible for managing your password and it is your obligation to keep it confidential. By granting your consent through this contract, you accept and acknowledge that authorizations, service contracts, and consents made using your username and password will be considered to have been made by you personally and with your express consent. Therefore, "atoms studio" suggests that you do not disclose your username and/or password to anyone. In this way, "atoms studio" will not be responsible under any circumstances for the improper use of your username and password, or for charges made to your credit card or other payment method you provided through their use.

HOW CAN THE USER ENROLL IN CLASSES?

The user must log in to the Website with their user account and password. "atoms studio" will then offer the user and allow them to reserve a spot in the classes previously established by "atoms studio" that are available in the system at that time. Once you indicate which class you want to use and enjoy, "atoms studio" will include you on the attendance list for the class you have chosen. "atoms studio" informs you that the moment you choose and request to be considered on the class list, you are giving your consent and confirming your attendance. At that moment, you authorize "atoms studio" to make the automatic charge to the credit card or electronic payment method you provided to "atoms studio" at the time of your contract with "atoms studio" and the creation of your personal user account, for the class you chose.

USE OF THE WEBSITE AND/OR THE SERVICE

"atoms studio" informs you that you are obligated to guarantee the veracity of the information you provide to "atoms studio." Through this contract, "atoms studio" reserves the right, at all times, to verify the veracity of the information provided by the user. Likewise, "atoms studio" informs the user that it is their responsibility to ensure they access the correct "Website". By this contract, the user grants their consent for "atoms studio" to not be responsible under any circumstances for the user entering an incorrect Website.

The user, through this contract, gives their consent for "atoms studio" to reserve the right to limit, restrict, or prohibit their access to the Website system with their username and password at any time and under any circumstance. Likewise, the user grants their consent through this contract for "atoms studio" to reserve the right to limit, restrict, or prohibit your use of its Services at any time and for any reason, without the need for any justification.

By using the Website or the Services, the user agrees and consents that:

They will use the Services and the Website exclusively for personal use and are not authorized to transfer the contracted services, including their chosen, confirmed, and contracted classes or other Services, to third parties.
They are strictly prohibited from authorizing a third party to use their account with "atoms studio."
They are strictly prohibited from transferring all or part of their account or the rights they acquire under this contract to any other individual, corporation, or legal entity.
They are strictly prohibited from using an account that is subject to any rights of a person other than themselves without the express authorization of "atoms studio."
They are strictly prohibited from using the Services or the Website for illegal purposes, including, but not limited to, sending or storing any type of illegal material or for fraudulent purposes.
They are strictly prohibited from using the Services or the Website to cause and/or create discomfort, disruption, or inconvenience.
They will carry out all activities in a way that does not harm the proper functioning of the network.
The user agrees to use the Website and the Services of "atoms studio" in an appropriate manner and in accordance with good customs, committing to in no way harm the Services or the Website of "atoms studio."
The user is strictly prohibited from making a copy and/or distributing any type of content related to the Website, Services, and any intellectual property material owned by "atoms studio," without the written consent of "atoms studio."
The user will keep their account password and any other form of identification that "atoms studio" provides to allow them access to the Service and the Website safe and confidential.
The user agrees that "atoms studio" reserves the right to request at all times that they provide any proof of identity that "atoms studio" reasonably requests in a timely manner.
They will comply with all applicable legislation and regulations when using the Website or the Services.
The user must maintain good conduct, in accordance with good customs, and be respectful to other users who contract and use the Services.
They agree to comply with and respect the rules that "atoms studio" issues for the use and enjoyment of the Services.

"atoms studio" reserves the right to terminate the Services subject to these User conditions at any time, under any circumstance, and immediately, without the need for a judicial declaration, in the event that the User fails to comply with any of the obligations they acquire under this contract, as well as with the conditions and rules described above.

PAYMENT METHOD

The use of the Website is free. On the Website, the user can find information about the applicable fees for the Services. It will be the sole and exclusive responsibility of the user to stay informed about the current fees that will be charged for the Services offered by "atoms studio." You agree, through this document, to pay for all Services you choose, request, and contract, regardless of whether you use them or for any reason or cause cease to use them, by automatic charge to the credit card or electronic payment method you have provided through the Website. The cost of the Services provided by "atoms studio" includes Value Added Tax. The user is and will at all times be responsible for the timely payment of all Services requested. Payments and charges made are non-refundable. "atoms studio" may use third-party payment processors ("Payment Processor") to link your credit card or the electronic payment method you provide to your username and password on the Website. The processing of payments, with respect to your use and enjoyment of the Services you choose and contract, will be subject to the terms and privacy policies of the Payment Processor and the issuer of your credit card, as well as these User Terms and Conditions. "atoms studio" will not be responsible for any reason or cause for any error on the part of the Payment Processor. Regarding the use of the Website and the Services, "atoms studio" will obtain certain transaction data, which "atoms studio" will use only in accordance with and for the purposes of the "atoms studio" privacy notice.

INDEMNIFICATION

By accepting these user terms and conditions and using your username and password on the Website, you give your consent and agree and accept to release "atoms studio" from any and all liability, and you agree to indemnify and hold harmless "atoms studio," its affiliates, licensees, and all its executives, directors, instructors, other users, employees, representatives, and advisors from any claims, costs, damages, losses, liabilities, and expenses (including attorney's fees and expenses) arising from or in connection with:

Violation or non-compliance with any term and/or condition of these User terms and conditions or any applicable law or regulation, whether or not it is referred to in this contract;
Violation of any third party's right; and/or
Use or incorrect use of the Website or the Services.

LIABILITY

The information, recommendations, or other services provided on or through the Website and or by the use of the Services are for general information only and do not constitute advice. "atoms studio" will constantly endeavor to keep the Website and its contents reasonably correct and up-to-date, but cannot guarantee that the contents of the Website are free of errors, defects, malware, and viruses and that the Website is correct, up-to-date, and accurate. Likewise, "atoms studio" will not be responsible for any damage resulting from the user's use or inability to use the Website, including, but not limited to, damages caused by malware, viruses, or any incorrect or incomplete information on the Website, unless this damage is caused as a result of any willful misconduct or gross negligence on the part of "atoms studio."

Likewise, "atoms studio" will not be responsible for damages resulting from the user's use or inability to use electronic communication means with the Website, including, but not limited to, damages resulting from the failure or delay in the delivery of electronic communications, interception or manipulation of electronic communications by third parties, or by computer programs used for electronic communications and virus transmission.

VALIDITY AND TERMINATION OF THE CONTRACT

This contract is entered into between "atoms studio" and you for an indefinite period. You and "atoms studio" will have the right to terminate this contract at any time, as long as you have fully complied with all the obligations assumed through this contract and the contractual relationship derived from it between you and "atoms studio." Once "atoms studio" verifies said compliance, you will be able to request in writing that "atoms studio" disable your account and username from the Website.

"atoms studio" will have the right to terminate the Contract at any time, with immediate effect, consequently disabling your account and username, and disabling the use of the Service, if you:

Violate or fail to comply with any of the terms and conditions of these User Terms and Conditions; and/or
In the opinion of "atoms studio," if you misuse the Website or the Services.

"atoms studio" reserves the right not to be obligated to give prior notice of the termination of the Contract, which will not be subject to any judicial resolution. Once the termination is made by "atoms studio," the user will be notified of this situation, in accordance with what is established in these User Terms and Conditions.

MODIFICATION OF SERVICES AND USER TERMS AND CONDITIONS

Through this document, "atoms studio" reserves the right, at its sole discretion, to modify or replace any of these user terms and conditions, or to change, replace, interrupt, or suspend the Services or Website access, including, but not limited to, the availability of any feature, database, or content, this, at any time by posting a notice on the Website or through the email that the user provides to "atoms studio."

NOTIFICATIONS

"atoms studio" is authorized through this document to issue notifications or notices to you, through a general notice on the Website or through the email you provide to "atoms studio," which is the address registered in the "atoms studio" account information, or by a written communication sent by postal mail to the address registered in the "atoms studio" account information.

JURISDICTION AND APPLICABLE LAW

The parties agree that this Contract will be governed by the applicable laws in force in the City of Monterrey, Nuevo León, Mexico. For the interpretation and fulfillment of the Contract, the parties submit to the jurisdiction of the competent courts in the City of Monterrey, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles or for any other cause.

ACCEPTANCE OF RISK, WAIVER, AND RELEASE OF LIABILITY

By this document, the user gives their consent and acknowledges that by registering at "atoms studio" and/or attending classes, events, activities, and other programs and through the use of the facilities and equipment of "atoms studio," there exist all kinds of risks and inherent dangers to the use, enjoyment, and practice of any physical exercise and specifically in this case, through the practice, use, and enjoyment of the physical conditioning equipment commercially known as pilates reformer/redcord; Likewise, during the classes that the user has chosen through these Terms and Conditions of Use, as well as the additional services offered at "atoms studio." The user also acknowledges by this document that the specific risks vary from one activity to another, which could be, but are not limited to: (i) minor injuries such as: (i.i) scratches; and (i.ii) bumps and sprains; (ii) major injuries such as: (ii.i) joint or back injuries; (ii.ii) heart attacks; and (ii.iii) contusions; and (iii) serious injuries, including paralysis, and even death, for which they expressly acknowledge and accept that such risks cannot be prevented or eradicated by "atoms studio."

By this document, the user expressly declares that they have read and fully understood the internal regulations of "atoms studio," which are published on the "atoms studio" website (www.atomstudio.com.mx); Likewise, they declare by this document that they were also physically given the internal regulations in question by "atoms studio" personnel. The user, by this document, declares to commit to complying with all the terms and conditions established herein and in the documents mentioned in it, as well as to fully comply with the instructions that "atoms studio" personnel provide at all times during the development of the Classes that the user has chosen to use and enjoy, or, where applicable, to comply with the instructions that "atoms studio" publishes at the establishment where it provides its Services and the Classes are held. The user, through this document, gives their consent and commits to "atoms studio" that if at any time, the "atoms studio" personnel suggest and indicate that they will not be able to carry out any of the classes that the user has chosen, and that "atoms studio" teaches, they will abide by said instruction without any objection and without any liability for "atoms studio."

The above is according to the experience and diagnoses that in the opinion of "atoms studio" personnel, whom the user acknowledges are duly trained to issue such an opinion. Therefore, through this document, you declare that you understand and accept that said opinion will always be for your benefit and for the care of your health. Once the above is stated, in the event that "atoms studio" through its trained personnel allows you to take the Classes, You declare: (i) to fully assume the absolute responsibility for any and all injuries or damages you suffer, including death, during or derived from the Classes you have chosen through these Terms and Conditions and documents mentioned therein and taught by "atoms studio," (ii) to release "atoms studio" and its subsidiaries, and each of its partners, shareholders, counselors, officers, directors, employees, representatives, and agents, and each of their respective successors and assigns from any and all liability, claims, actions, demands, proceedings, costs, expenses, damages, and liabilities, (iii) to state that as of today, you have no medical impediment or physical condition that prevents you from taking the classes you choose through these Terms and Conditions and documents mentioned therein, or from correctly using and enjoying the physical conditioning equipment commercially known as pilates reformer/redcord, through which the Classes taught by "atoms studio" are carried out, (iv) not to have a physical or mental condition that puts you in medical and physical danger; and (v) not to have medical instructions that limit or restrict you from performing any type of physical activity. Likewise, through this document, you declare and acknowledge that if as of today, you have any disability or chronic illness, you are at risk when using the facilities and attending the Classes you choose through these Terms and Conditions and documents mentioned therein, and that you should not participate in any class that "atoms studio" teaches. Finally, you expressly declare by this document that you have read and fully understood, advised by a legal expert, this declaration of acceptance of risk, waiver, and release of liability, and therefore, you release "atoms studio" from all liability, committing to indemnify and hold harmless "atoms studio" and/or all its subsidiaries, and each of its partners, shareholders, counselors, officers, directors, employees, representatives, and agents, with respect to all action, demand, civil or criminal liability derived from any contingency, accident, damage, or any type of injury, illness, fractures, partial or permanent disability, and/or even death that you, the undersigned, may suffer from the use of the "atoms studio" Facilities and/or the Classes you choose and take. You acknowledge that you are signing this voluntarily, without any kind of deceit, error, or bad faith, and that the validity of this waiver is indefinite, so it will remain valid and in force for the duration of this and for as long as you attend the Facilities and/or take the classes that "atoms studio" teaches.

CANCELLATION AND REFUND POLICY

We have an 8-hour cancellation policy before the class, without any charge or penalty for the user. Canceled classes will be released and can be used to reserve later. Once the service is purchased, "atoms studio" will not accept refunds.

PERSONAL VALUABLES AND BELONGINGS

By this document, you release "atoms studio" from all liability for the loss, theft, or damage to your property with respect to any object, including, but not limited to, your personal items deposited in lockers, bathrooms, studios, or any other place in the "atoms studio" facilities. Likewise, by this document, you give your consent and accept and acknowledge that "atoms studio" reserves the right to deny access to any user that "atoms studio" considers is acting improperly and against these Terms and Conditions, as well as the documents mentioned therein, through inappropriate conduct that puts their health or the health of other users at risk.