Terms & Conditions

Introduction

Welcome, and thank you for your interest in our website https://godeeper.app/ (the “Website”) and our mobile application GO DEEPER (the “App”), together hereafter referred to in these Terms of Service as "GO DEEPER", “us,” “our” or “we.” GO DEEPER is owned and operated by Nicole Garcia and, for the purposes of this Agreement and our Privacy Policy, any use of the terms "GO DEEPER", “us,” “our” or “we” includes Nicole Garcia, without limitation. Unless otherwise specified, all references to our services (the “Service” or “Services”) include the technology, content, services and products available through the GO DEEPER Website or App, as well as any software that GO DEEPER provides to you that allows you to access the Services. The terms “user,” “you,” or “your” refer to the user of the Service, including visitors that do not register for an account or purchase a subscription to our Services. The following Terms of Service are a legally binding contract between you and GO DEEPER regarding your use of the Service.

Please read these Terms of Service (“Terms” or “Agreement”) carefully before accessing or using any of the Services. Each time you access or use our Services, subscribe to a plan, or purchase something from us, you— and, if you are acting on behalf of a third party or your employer, such third party or employer—agree to be bound by these Terms and our Privacy Policy whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use our Services. GO DEEPER may change this Agreement at any time by posting an updated Terms of Service on the Website. If any amendment to these Terms is unacceptable to you, you must cease using the Website or App. If you continue using the Website or App, you will be conclusively deemed to have accepted the changes.

Certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you indicate that you have read and agree to be bound by the additional Terms applicable to such areas. If any additional Terms conflict with these Terms, the additional Terms control.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS-ACTION WAIVER IN THE “DISPUTE RESOLUTION” SECTION BELOW. THEY AFFECT HOW DISPUTES ARE RESOLVED.

ALWAYS CONSULT A PHYSICIAN BEFORE STARTING OR CHANGING YOUR DIET OR EXERCISE ROUTINE.

THE GO DEEPER APP AND SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. WE DO NOT PROVIDE PROFESSIONAL PERSONAL-TRAINING OR MEDICAL ADVICE. ALL PARTICIPATION IS AT YOUR OWN RISK.

EACH INDIVIDUAL’S SUCCESS DEPENDS ON MANY FACTORS. WE MAKE NO GUARANTEES.

1. Eligibility for Our Service

Our Services are intended for users 18 years of age or older. By using our Services, you represent and warrant that you are at least 18 years old and are otherwise capable of entering into binding contracts, including this Agreement. If you are using our Services on behalf of a company or organization, you represent and warrant that you have authority to bind that entity to this Agreement.

2. Our Service

  1. GO DEEPER Services consist of a mobile application and technology platform, driven by artificial intelligence and utilizing our algorithm—built on one of the largest weight-lifting data sets in the world—to design personalized 8-day strength and cardio plans.

  2. The products and Services available on our Website are for personal use only. You may not sell or resell any products or Services you purchase or receive from us.

  3. Any modifications or new features added to the Service are also subject to this Agreement.

  4. GO DEEPER reserves the right to modify or discontinue the Service (or any feature thereof) at any time without notice. All rights, title and interest in and to the Service and its components remain the exclusive property of GO DEEPER.

3. Accounts and Registration

  1. To access certain features—such as subscription plans—you may be required to register for an account and provide information about yourself (“Your Information”).

  2. You agree to provide true, current, complete and accurate information, and to update that information as needed.

  3. Our collection and use of Your Information is governed by this Agreement and our Privacy Policy.

4. Account Management

  1. Keep Your Password Secure. You are responsible for safeguarding your password and any activity under your account.
  2. Keep Your Details Accurate. Maintain current contact and payment details so we can reach you.
  3. Our Rights. We may modify, suspend or terminate the Service or your account at any time without liability.
  4. Cancellation. You may cancel your account at any time; upon cancellation, all rights granted to you cease immediately.

5. Subscription Plans and Terms

GO DEEPER offers automatically renewing subscription plans:

  • Monthly Subscription — billed monthly.
  • Annual Subscription — billed yearly at a discounted rate.

Details, pricing and current terms are posted on our page. By completing your registration, you authorize GO DEEPER (or its payment processor) to charge your payment method on a recurring basis, plus applicable taxes and fees, until you cancel.

5.a Monthly Subscription

  1. Your plan renews automatically each month until cancelled.

  2. You may cancel any time; no refunds are provided for the current billing period.

  3. Promotional communications may still be sent unless you opt out.

5.b Annual Subscription

  1. Your plan renews automatically each year until cancelled.

  2. You may cancel any time; no refunds are provided for the current billing period.

  3. Promotional communications may still be sent unless you opt out.

We reserve the right to revoke any subscription for violation of these Terms. Subscription membership is void where prohibited by law.

6. Trial Subscriptions

We may offer a free-trial period. Unless you cancel before the trial ends, your selected payment method will be charged for a Monthly Subscription.

7. Orders

Your subscription order constitutes an offer to purchase. We reserve the right to accept or decline any order and to cancel orders where pricing or availability errors occur.

8. Prices

  1. All prices are in U.S. dollars unless otherwise indicated.
  2. Applicable taxes and charges are additional.
  3. We may change prices at any time without notice.

9. Payment

  1. By providing a payment method you authorize us to charge it for subscription fees using our secure processor.

  2. You must keep your payment information current; failure to do so may result in cancellation of your account.

  3. You agree to pay any chargeback fees assessed to us due to disputed payments.

10. Your Access and Use of Our Services

Your right to access and use the Services is personal and non-transferable, subject to the restrictions detailed below. Any unlawful or prohibited use may result in termination.

  1. Prohibited commercial exploitation, reverse engineering, scraping, and disruption of the Service are not allowed.
  2. You shall not collect personal information from other users or post unlawful content.
  3. Standard carrier data charges may apply to mobile use.

11. Suspension and Termination of Services

GO DEEPER may limit, suspend or terminate your account or the Service if you violate these Terms or disrupt the Service. Suspended or terminated users are not entitled to refunds.

12. Information Accuracy

We strive for completeness and accuracy but occasionally information may be incorrect or out of date. We reserve the right to correct errors and cancel subscriptions listed with incorrect information.

13. Proprietary Rights

Except for the limited licenses expressly granted here, all rights, title and interest in the Service and its components are owned solely by GO DEEPER or its licensors.

14. Intellectual Property Rights

  1. "GO DEEPER" and associated marks are our trademarks.
  2. Third-party trademarks remain the property of their respective owners.
  3. All content on the Service (“Our Content”) is copyrighted or licensed to us.

15. Use of Our Content

We grant you a limited, non-transferable license for non-commercial personal use of Our Content, provided you do not modify or redistribute it.

16. User Content Rights and Responsibilities

By submitting User Content you grant us a perpetual, worldwide license to use it. You are solely responsible for your User Content and warrant that you have all necessary rights to post it.

17. User Comments

We do not verify user comments for accuracy. Users are legally responsible for their posted content. We reserve the right to remove content that violates these Terms.

18. Interruption of Service

Your access to the Service may be interrupted for maintenance or other reasons; we are not liable for such interruptions.

19. Third-Party Links, Services and Content

We are not responsible for the availability or content of external sites or resources linked from the Service.

20. GO DEEPER Mobile App Software

We grant you a limited, revocable license to use our Mobile Software on your device under the restrictions listed in this section.

21. Mobile Application from a Third-Party App Store

Additional terms from the respective App Store apply when you download our App from that store.

22. Electronic Communications

By using our Services you consent to receive communications from us electronically.

23. Electronic Transactions

Your electronic submissions constitute your agreement to be bound by transactions entered into on the Service.

24. Third-Party Social Networking

If you access our Services through a social network, you authorize us to collect information as outlined in our Privacy Policy.

25. Security

Security violations are prohibited and may result in criminal and civil liability. We may cooperate with law enforcement.

26. Privacy and Your Personal Information

Please review our Privacy Policy to understand how we collect and use data.

27. Copyright & Intellectual Property Policy

We respect intellectual-property rights. See this section for DMCA procedures.

28. Disclaimers; No Warranties

ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

29. Limitation of Liability

IN NO EVENT SHALL GO DEEPER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY WILL NOT EXCEED THE FEES PAID BY YOU IN THE PREVIOUS 12 MONTHS.

30. Indemnity

You agree to defend and indemnify GO DEEPER from any claims arising out of your use of the Service or violation of these Terms.

31. Release

By using the Service you release GO DEEPER from liability as detailed in this section. California residents waive Civil Code §1542.

32. Governing Law

This Agreement is governed by the laws of the State of New York.

33. Our Remedies

We may seek injunctive relief for breach or threatened breach of these Terms.

34. Dispute Resolution

This section contains a binding arbitration agreement and class-action waiver. Please read it carefully.

35. Law Enforcement

We cooperate with law enforcement and may disclose user information in emergencies or to comply with legal process.

36. Statutory Rights (Notice to California Residents)

California residents may contact the Division of Consumer Services at the address and phone number provided in this section.

37. Amendments to this Agreement

We may update these Terms at any time. Updates take effect upon posting.

38. Severability

If any provision is deemed unenforceable, the remainder of the Agreement remains in effect.

39. No Waiver

Failure to enforce any right under these Terms is not a waiver of that right.

40. Entire Understanding

These Terms and the Privacy Policy constitute the entire agreement between you and GO DEEPER.

Last updated: May 3, 2025