IMPORTANT — PLEASE READ CAREFULLY. These Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("Client," "you," or "your") and Diario Fit by Lady ("Company," "we," "our," or "us") governing your access to and use of the website located at diario-fit.com (the "Site") and all coaching programs, digital products, and related services (collectively, the "Services"). BY ACCESSING THE SITE OR PURCHASING ANY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE, DO NOT ACCESS THE SITE OR PURCHASE ANY SERVICE.
By accessing the Site or engaging any Service, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the legal capacity to enter into binding contracts; (c) you are not prohibited by applicable law from receiving the Services; and (d) all information you provide to us is accurate, current, and complete.
If you are accessing or using the Services on behalf of another person or entity, you represent and warrant that you have full authority to bind that person or entity to this Agreement, and that person or entity agrees to be bound hereby.
We reserve the right to modify this Agreement at any time. Material modifications will be communicated by updating the "Last Updated" date and, where appropriate, by direct notice. Your continued use of the Services following any modification constitutes your acceptance of the revised Agreement.
Diario Fit by Lady offers the following categories of Services:
A self-paced digital subscription program at $29 per month, including monthly workout routines, nutritional guidance, a video exercise library, and access to the private community. Terms specific to the Digital Membership will be provided at time of launch and will supplement this Agreement.
The Services constitute wellness coaching and do not constitute the practice of medicine, dietetics, physical therapy, psychology, or any other licensed health profession. The Company does not diagnose, treat, cure, or prevent any disease or medical condition. See Section 12 (Health and Medical Disclaimer) for additional important limitations.
You acknowledge and agree that:
All fees are as stated on the Site at the time of enrollment. We reserve the right to adjust pricing at any time; however, pricing changes will not affect programs already purchased and confirmed.
Payment for coaching programs is due in full prior to the commencement of Services, unless an installment payment plan has been expressly agreed upon in writing. Available installment options: Renacimiento program may be paid in two (2) installments of $800; Élite program may be paid in three (3) installments of $1,200. The first installment is due at enrollment, with subsequent installments due on the same day of each successive month.
All payments are processed through Stripe or such other payment processor as we may designate. By providing payment information, you authorize us and our payment processor to charge the full amount (or installment amounts) to your designated payment method. You represent that you are authorized to use the payment method provided.
If any installment payment fails, you will have five (5) business days to remedy the failed payment. If payment is not received within such period, we reserve the right to suspend or terminate the Services, and any amounts previously paid may be forfeited subject to the refund policy in Section 5.
All fees are exclusive of applicable taxes. You are responsible for all taxes, duties, levies, or other governmental assessments arising from your purchase of the Services.
Please read this section carefully before purchasing. Due to the personalized, custom, and time-intensive nature of our coaching Services, our refund policy is strictly limited.
If you cancel your enrollment at least seventy-two (72) hours prior to your scheduled program start date (as confirmed in your welcome email), you are entitled to a full refund of amounts paid, less a non-refundable administrative fee of fifty dollars ($50.00) to cover enrollment processing costs.
If you cancel within the first seven (7) days following your program start date and before any personalized program materials (training plan or nutrition plan) have been delivered to you, you are entitled to a refund of seventy-five percent (75%) of the total program fee paid.
Once your personalized training and/or nutrition plan has been delivered, no refunds will be issued. The creation of personalized program materials represents the primary deliverable of the Services and constitutes substantial performance.
If you are on an installment payment plan and cancel after program materials have been delivered, all remaining installments become immediately due and payable. You acknowledge that installment plans represent a payment accommodation, not a reduction in total contractual obligation.
We do not issue refunds based on dissatisfaction with results. Coaching outcomes are dependent on numerous factors outside our control, including but not limited to client effort, consistency, adherence to the program, individual physiology, and lifestyle factors. We also do not issue refunds for failure to use the Services.
In the event that we terminate the Services due to our own inability to continue (e.g., prolonged illness or force majeure), we will issue a pro-rated refund for the unused portion of your program.
To request a refund, submit a written request to info@diario-fit.com with your name, program, enrollment date, and reason for cancellation. Eligible refunds will be processed within ten (10) business days to the original payment method.
All content on the Site and all materials provided in connection with the Services — including but not limited to training plans, nutrition plans, meal guides, recipe libraries, video content, written content, branding, graphics, and the Site itself (collectively, "Company Materials") — are the exclusive intellectual property of Diario Fit by Lady and are protected by applicable copyright, trademark, trade secret, and other intellectual property laws.
Subject to your compliance with this Agreement and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Company Materials solely for your personal, non-commercial use in connection with your coaching program. This license does not include the right to: (a) reproduce, distribute, or publicly display Company Materials; (b) modify, create derivative works from, or reverse engineer Company Materials; (c) share, sell, sublicense, or otherwise transfer Company Materials to any third party; or (d) use Company Materials for any commercial purpose.
You expressly agree not to share, distribute, upload, post, or otherwise make available any Company Materials — including your personalized training plan, nutrition plan, or any program content — with any third party, whether for compensation or otherwise. A violation of this provision constitutes a material breach of this Agreement and may result in immediate termination of Services without refund, and may subject you to civil liability for damages.
If you provide suggestions, ideas, or feedback regarding the Services, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution to you.
We understand that you may share sensitive personal information — including health history, body measurements, personal goals, and emotional experiences — in connection with the coaching relationship. We are committed to maintaining the confidentiality of such information and will not disclose it to third parties except as set forth in our Privacy Policy or as required by law.
Coaching session content, personal disclosures, and program-related communications are treated as confidential. We will not share identifying information about you with other clients or use your personal story in marketing materials without your express written consent.
We may request your permission to use progress photographs, written testimonials, or other client-generated content for marketing and promotional purposes. Any such use requires your separate, explicit written consent, which you may grant or withhold at your sole discretion. Consent, if given, is revocable upon written notice to info@diario-fit.com, though we cannot guarantee removal of content already in distribution.
You represent and warrant that any photographs or content you provide to us for promotional use are your own original content and do not infringe the rights of any third party.
THE SERVICES AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
We do not warrant that: (a) the Services will meet your specific requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of the Services will be accurate, reliable, or meet your expectations; or (d) any defects or errors will be corrected.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, the scope of implied warranties will be limited to the greatest extent permitted by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow limitation of liability for personal injury, or for incidental or consequential damages, so the above limitations may not apply to you in their entirety. In such jurisdictions, liability will be limited to the greatest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless the Company, its owners, operators, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Services or Site; (b) your breach or alleged breach of this Agreement; (c) your violation of any applicable law, regulation, or third-party right; (d) any inaccurate or incomplete health information you provided in connection with the Services; or (e) any injury, illness, or adverse health outcome resulting from your participation in the coaching program.
We reserve the right to assume exclusive control of the defense and settlement of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims and not to settle any matter subject to indemnification without our prior written consent.
IMPORTANT HEALTH NOTICE: The following disclaimers are material terms of this Agreement. Please read carefully.
The Services provided by Diario Fit by Lady are for general wellness, fitness, and nutritional coaching purposes only. The Company is not a licensed medical provider, registered dietitian, physical therapist, or mental health professional. Nothing in the Services or on the Site constitutes, and nothing should be construed as:
Always seek the advice of a qualified physician or other licensed healthcare provider with any questions you have regarding a medical condition, dietary change, or exercise program, and before undertaking a new healthcare regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or received as part of the Services.
If you experience a medical emergency, call your physician or emergency services (911 in the United States) immediately.
Individual results from the Services may vary. The Company makes no representations, warranties, or guarantees regarding health or fitness outcomes. Participation in fitness and nutritional programs involves inherent risks, including the risk of physical injury, for which you expressly assume responsibility.
Any results described on the Site — including in testimonials, before-and-after comparisons, or program descriptions — represent the experiences of specific individuals and are not typical. Individual results will vary materially based on, among other factors: individual physiology and metabolism; consistency and level of effort; adherence to the program; pre-existing fitness level; dietary habits outside the program; sleep quality and stress levels; and other lifestyle factors.
The Company makes no representations, warranties, or guarantees that you will achieve any specific fitness goal, weight loss target, body composition change, or other outcome as a result of participating in the Services. Statements such as "transformation" and "results" are aspirational and reflect the potential of the program when followed consistently — they do not constitute promises or guarantees of specific outcomes.
In connection with your use of the Site and Services, you agree not to:
Violation of this Section may result in immediate termination of the Services without refund and may subject you to civil or criminal liability.
You may terminate your participation in the Services at any time by providing written notice to info@diario-fit.com. Termination is subject to the refund policy set forth in Section 5. If you are on an installment payment plan, all remaining payments become due upon termination, unless we agree otherwise in writing.
We reserve the right to terminate or suspend your access to the Services immediately, with or without prior notice, for any of the following reasons: (a) breach of this Agreement; (b) failure to make timely payment; (c) conduct that is abusive, threatening, or otherwise harmful to Company personnel or other clients; (d) provision of false or materially misleading information; or (e) any other conduct that we reasonably determine to be inconsistent with a productive coaching relationship.
In the event of termination for cause, no refund will be issued. In the event of termination without cause by the Company, a pro-rated refund for the unused portion of the program will be issued.
Upon termination: (a) your license to use Company Materials immediately terminates; (b) you must cease all use of Company Materials; and (c) Sections 6, 9, 10, 11, 12, 13, 16, and 17 of this Agreement shall survive termination and continue in full force and effect.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Before initiating any formal dispute resolution proceeding, you agree to contact us at info@diario-fit.com and describe the nature of your dispute and the relief you are seeking. The parties will attempt in good faith to resolve the dispute through informal negotiation within thirty (30) days of such notice. If the dispute cannot be resolved informally within such period, either party may proceed to binding arbitration as set forth below.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as amended from time to time. The arbitration shall be conducted by a single arbitrator and shall take place in Miami-Dade County, Florida, or, at the election of either party, by video conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY.
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations, without first engaging in the informal dispute resolution process or arbitration.
Any claim or cause of action arising out of or relating to this Agreement must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. For any dispute not subject to arbitration under Section 16, you consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, and you waive any objection to the laying of venue in such courts.
If you are accessing the Services from outside the United States, you are responsible for compliance with applicable local laws and regulations, and you acknowledge that the Services are governed by United States law.
This Agreement, together with our Privacy Policy (incorporated herein by reference), constitutes the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, representations, and understandings.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of the Company. No waiver shall be deemed a continuing waiver or a waiver of any other provision.
You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations under this Agreement without restriction, including in connection with a merger, acquisition, or sale of assets.
Neither party shall be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, pandemic, government action, or internet or infrastructure outages. In such circumstances, we will make reasonable efforts to reschedule or deliver the Services at the earliest practicable opportunity.
You consent to receive communications from us electronically, including by email and WhatsApp, and agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
This Agreement is executed in the English language. In the event of any conflict between this English version and any translation, the English version shall control.
Questions regarding this Agreement, the Services, or any other matter should be directed to:
We will endeavor to respond to all inquiries within two (2) business days.
Questions about these Terms? We're here to help.
Contact us at info@diario-fit.com