Important – please read carefully the terms of service stated below (“Terms and Conditions” or “Contract”). By using the Services (as defined below), you agree that you have read, understood, accepted and agreed to the Terms and Conditions. You also agree to the representations you make below. If you do not agree to these Terms and Conditions, please do not access or continue to use the Service or Application (as defined below).

These Terms and Conditions constitute a legal agreement between you and Note Everything  in connection with providing you with personal training scheduling services (“Service”) through an application installed on mobile devices called “Note Everything” or website https://note.gozic.vn/ and all affiliated websites and applications are owned and operated solely by Note Everything for the purpose of providing the Services (“Application”).

Note Everything reserves the right to modify, replace or change the Terms and Conditions or policies related to the Service at any time. Note Everything deemed appropriate (including adding or deleting any terms). Modifications, replacements or changes to the Terms and Conditions or policies related to the Service will take effect after the update is posted on the Application. You accept and agree that it is your responsibility to review the Terms and Conditions on a regular basis and your continued access or use of the Services after Note Everything Updates to the Terms and Conditions, whether or not you review them, will be deemed to constitute your agreement and acceptance to be bound by the Terms and Conditions as amended. , replace or change.

1. Introduction

Through the Application, Note Everything provide you (“Practitioner”) with a technology platform that can help Practitioners arrange and schedule fitness and yoga sessions with a personal fitness instructor, or otherwise provide you (“Practitioner”) Exercise Instructions”) information and methods to schedule, collect and establish contact with Practitioners to provide fitness and yoga instruction services.

2. Use of the Service

To use the Service, you must register and maintain an active Service account (“Account”). You should note that Accounts are only provided to people aged 18 years or older, or other adults under Vietnamese law (if older than 18 years old). You may only be assigned a single Account, unless otherwise permitted by Note Everything in written form.

Account registration requires you to provide Note Everything certain personal information, including your name, address, mobile phone number and age, as well as providing at least one valid payment method (via credit/payment card or other legal payment channels).

You agree to maintain the accuracy, completeness and currency of the information used for your Account. Failure to maintain the accuracy, completeness and up-to-dateness of Account information, including providing a payment method that is expired or no longer valid, may result in your being unable to access your account. and use the Services or Note Everything will terminate this agreement with you.

3. Representations and Warranties

You may only use the Service in accordance with the methods supported on the Application. It is your responsibility to check and ensure that you have downloaded the correct Application and compatible version for your device. Note Everythingaccepts no responsibility if you do not have a compatible device or if you have downloaded an incorrect or incompatible version of the Application for your device. Note Everything reserves the right not to allow you to use the Service in case you use the Application on an incompatible or unauthorized device or for purposes other than those supported by the Application. By using the Application, you agree that:

(i) You are responsible for all actions arising from your Account, and agree to maintain the confidentiality of your Account name and password or any other means of identification that we provide for your use. Application and/or access to use the Service under all circumstances. In some cases, you may be required to provide proof of identity to access or use the Service and you agree that you have You may be denied access to or use of the Services if you refuse to provide such proof of identification.(ii) You may not authorize a third party to use your Account, and you may not transfer or carry out any other other form similar to your Account to any other person or entity.(iii) You will only use the Services in accordance with the purposes for which the Services support and are lawful, including access and use. Applications on personal devices only in connection with your use of the Services; and access and use any content, information, related materials provided through the Service, solely for personal and non-commercial purposes. (iv) You will not use the Application to send and store any unauthorized material or information or for fraudulent purposes.(v) You will not use the Application to annoy, harass, annoy or make bookings for the service (vi) You will not intend or act in any way that may cause disparagement, defamation, humiliation, intimidation, annoyance or bullying to any Trainer, Trainer or Instructor. Training, Note Everythingor partner of Note Everything or the Application; (vii) You may not reproduce, modify, duplicate, distribute, license, rent, sell, resell, transfer, publicly display, or publicly perform. them, transmit, stream or otherwise exploit the Application and Services unless otherwise permitted Note Everything permission.(viii) You may not create the source code, reverse engineer, decompile the source of the Application.(ix) You may not link, copy, or frame any content of the Application.(x) You may not link, copy, or frame any content of the Application. Do not use or run any program or script that attempts to extract, configure, analyze, or mine data on any content of the Application or that unduly slows down or interferes with the operation/functioning of the Application. functionality in any aspect of the Services. (xi) You may not make unauthorized access or cause damage to any aspect of the Application and Services or related systems and networks. mandarin.

• For Practitioners

In addition to the representations and warranties set forth herein, as a Trainer, you represent, warrant, understand and agree that:(i) You will not contact a Trainer for the purposes of for purposes other than using the Service; (ii) You will not use the Training Instructor's information for any purpose other than using the Service; (iii) You will not or do not intend to , whether intentionally or unintentionally, cause damage to the Training Instructor; (iv) You must not use any means to defraud Note Everything or enrich yourself, in any manner, whether fraudulent or otherwise, through any event, promotional activity or campaign by Note Everything conducted to encourage new accounts or use of the Services by new or existing customers;(v) You will not harass or otherwise behave in an inappropriate or disrespectful manner toward Note Everything and/or Practice Instructor with whom you may have concerns Note Everything or a Workout Instructor; (vi) You will not provide or disclose your password or another Trainer's password, including personal information or for the purposes of collecting such personal information; (vii) You will not allow anyone else to use the Service using your Account or another Trainer's Account; (viii) You will not book a workout or share a workout booking number with your Account or another Trainee Account to any other person;(ix) You agree that your use of the Application, Services and/or features integrated on the Application will subject to our Privacy Policy Note Everything which may be amended from time to time; and(x) You agree to accept full responsibility and liability for all loss or damage caused to yourself, other Trainees, Training Instructors, Note Everything and any third party where you breach any provision of these Terms and Conditions.

• For Exercise Instructors

In addition to the representations and warranties set forth herein, as a Practice Instructor, you represent, warrant, understand and agree that:(i) You meet and will maintain the ability to meet all all the prescribed conditions and are allowed to provide fitness or yoga instruction services according to Vietnamese law at all times; (ii) You own, or have the right or permission to use the location Provide appropriate, legal training guidance services and meet training conditions according to Vietnamese law; (iii) You will be fully responsible for any and all complaints and judgments. and liability arising from any accident, loss or damage including, but not limited to, personal injury, death, total loss and property damage caused or alleged is due to the provision of exercise instruction services; (iv) You must comply with all Vietnamese laws related to the provision of exercise instruction services and will be solely responsible for any acts any violation of the law; (v) You will not contact the Trainer for any purpose other than to provide fitness and yoga training instructions under this Application; (vi) You will not use any What means of fraud? Note Everything or enrich yourself, in any manner, whether fraudulent or otherwise, whether or not through any event, advertising activity or campaign by Note Everything conducted to encourage new accounts or use of the Services by new or existing Fitness Instructors;(vii) You agree that your use of the Services will be subject to the Policy Privacy of Note Everything which may be amended from time to time.

4. Payment

• For Practitioners

The Trainer understands and agrees that using the Service will incur charges for the fitness and yoga instruction services you receive from the Fitness Instructor (“Workout Instruction Fee”).

After the Trainer selects the Training Instructor and the accompanying service package (including the number of training sessions with the Training Instructor), the Training Instructor Fee for the service package will be displayed on the Application.

Based on the Trainee's selection, the Training Instruction Fee will be paid at the time of purchase and in full by credit and/or debit card (“Card”) or by e-wallet or other means. Other methods are available on the Application when applicable. Note Everything Accordingly, send to the Practitioner a payment receipt via the Practitioner's email.

Payment of the Exercise Instruction Fee in any of the ways specified above shall be deemed to be the Trainee's direct payment of the Exercise Instruction Fee to the Exercise Instructor. The Training Instruction Fee will include applicable taxes according to the law.

The Training Instruction Fee once paid by the Trainer will be considered complete and will not be refunded, except in the case of Note Everything there are other regulations. The Exercise Instructor will begin providing exercise instruction services when Note Everything receive payment of the Trainee Instruction Fee in full from the Trainer. The Trainee is responsible for resolving any disputes with your Card issuer for disputes related to the issuance of your Card. Card issuance and use.

• For Exercise Instructors

Training Instruction Fee is ok Note Everything Collection on behalf of the Training Instructor includes the software usage fee that the Training Instructor must pay. Note Everything.

Note Everything will remit a relevant portion of the Exercise Instruction Fee to the Exercise Instructor, calculated pro rata based on the number of exercise instruction sessions carried out by the Exercise Instructor and after deduction less all related commissions, which shall be considered remuneration for providing the ServicesNote Everything to the Practice Instructor, at a percentage agreed between the Practice Instructor and Note Everything, applicable taxes and fees payable to third parties. Any payment of Note Everything to the Practice Instructor according to the formula agreed upon in this article shall be net, final and without dispute.

The actual Instructor Fee will be transferred to the Instructor's bank account no later than thirty (30) days after the Instructor confirms the number of sessions performed and the Practitioner's satisfaction.

Note Everything may, at its sole discretion, offer promotional offers with different specifications and different rates to any Trainee, which promotional offers will be determined by the Trainer. Conducted Practice Instructions. Note Everythingmay determine or change the Training Instruction Fee at any time Note Everything, in its sole discretion, deems necessary or appropriate for business operations.

5. User Content

You may create, post or share content, reviews, comments, materials, data, information, text, images and/or other forms of data (“User Content”). on Application. You agree that you will not post, upload, transmit, share, store, create or make available in any way through the Service any of the following content:

(i) User Content that is defamatory, libelous, offensive, obscene, pornographic, pornographic, indecent, lascivious, vulgar, suggestive, violent, harassing, hateful hateful, threatening, offensive, discriminatory, objectionable, abusive, inflammatory, dishonest, fraudulent or otherwise offensive; (ii) User Content that is considered illegal or unlawful law, be deemed to constitute, encourage or provide instructions for a criminal offense or in any other way create liability or violate any local, national or international law. (iii) User Content that may infringe or violate any patent, trademark, trade secret, copyright, privacy right, right of publicity or other intellectual property right, or any other rights, of any party;(iv) Automated advertisements, political campaign or commercial messages (SPAM) or any chain messages or User Content designed to deceive or defraud users of the Service; (v) Personal information of any third party, including, but not limited to, addresses, phone numbers, email addresses, identification numbers and credit card number;(vi) Viruses, corrupted data or other files or code intended to destroy, disrupt or harm, programs or other software designed to automatically interfere with the Service without without the written consent of Note Everything.In any case, Note Everything reserves the right to remove or refuse to allow you to post User Content on the site for any reason or without providing a reason, including User Content that Note Everything has the sole discretion to determine whether it has violated the terms and conditions and/or regulations, policies, and other related terms during the use of the Service. Note Everything may take these actions without prior notice to you or any other third party. You are solely responsible for all User Content that you post. Note Everything is not responsible for User Content and only confirms the authenticity of the information in User Content. You AGREE that if any individual or organization makes a complaint Note Everything in connection with the User Content you post, to the extent permitted by law, you shall indemnify and defend Note Everything against all damages, losses and expenses of any kind (including attorneys' fees and expenses) arising out of such claim. Any User Content provided by you shall be own your own. However, by providing User Content, you grant Note Everything a worldwide, perpetual, irrevocable, transferable, free of charge, with the right to sublicense, use, copy, modify, create derivative content, share, display and public performance, and other rights of exploitation in any manner whatsoever, of such User Content in any existing or future formats and distribution channels (including in connection with the Services and its business operations Note Everything and matters relating to third party websites and services), without notice to or consent from you, and Note Everything will not incur any costs to you or any other person or entity. You may terminate this permission by deleting the posted content or your account. However, content will continue to appear if you have shared it with others and they have not deleted it. You should read this User Content terms with Privacy Policy (can be found at Application ) to better and more fully understand how User Content is collected and used by Note Everything and related parties. By using the Application and Services, you know and warrant that: (i) you are the sole and exclusive owner of all User Content or that you have all rights , the license, consent and transfer rights necessary to permit Note Everything have the right to use the above User Content; (ii) no User Content, or your presentation, posting, publication or otherwise of your User Content, or the right to use User Content by Note Everything as authorized above would constitute a breach, violation or infringement of any third party's intellectual property rights or contractual rights, or rights of publicity and confidentiality, or would result in the violation of any other any applicable law;(iii) you give your permission Note Everything use your name, profile picture and information about your actions on the Application in connection with or in connection with advertisements, offers and other sponsored content provided by Note Everything displayed on its Applications and/or Services without compensation to you.Note Everything always appreciate your feedback or other suggestions regarding the Services and Applications, but you understand that Note Everything may use your feedback or suggestions without any obligation to compensate you for such content (in the same way that you would have no obligation to provide it).

6. Grant of Rights and Limitation of Rights

Note Everything and the granting parties Note Everything, when applicable, grants you a revocable, non-exclusive, non-transferable, personal license limited to your personal, non-commercial use of the Application. commercial purposes, subject to these Terms and Conditions. You may not use the Application to: (i) send spam or mass or automated messages; (ii) send or store material that is infringing, obscene, threatening, libelous, or otherwise unlawful or harmful, including, without limitation, material that is harmful to children or third party privacy; (iii) submit material that contains software viruses, worms, Trojan hours or malicious code, files, scripts, spies or computer programs; (iv) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (v) attempt to gain unauthorized access to the Application or its related systems or networks; or (vi) impersonate any person or entity (vii) abstain from any act that may damage the goodwill or reputation of Note Everything.

7. Intellectual Property Rights

Only Note Everything and the granting parties Note Everything, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Application and, more broadly, the Services and any suggestions, ideas, upgrade requests, feedback, recommendations or other information provided by you or any other party in connection with the Service.

These Terms and Conditions do not constitute an agreement of sale and do not transfer to you any ownership rights in or to the Services and/or Application, or any intellectual property rights. Which is owned by Note Everything and/or its licensors Note Everything. Name Note Everything, logo Note Everything, the Service and/or Application logo and the Note Everything Service and product names related to the Application are trademarks of Note Everything or third parties, and no right or license is granted to use them. To avoid misunderstanding, the term Application here includes all parts, processes and designs that make up the Application.

8. Security

Each Party hereby undertakes at all times to keep all information and data relating thereto strictly confidential Note Everything, services, products, business, marketing and promotional plans or other activities of Note Everything and the Note Everything link of Note Everything, as well as information regarding third party service providers disclosed to you by Note Everything or representative of Note Everything (whether orally or in writing, before, at or after the date of this Agreement) or has been obtained by you, indirectly or directly, from Note Everything or any of the Note Everything any other link, or which has been created in the course of entering into this agreement and shall not disclose or otherwise disclose to any other party this agreement or any and all documents or any other other relevant sections. The Parties hereby accept and agree that these confidentiality commitments will remain in effect after termination of this Agreement.

9. Interactions with Third Parties

The Application and Services may be offered or accessed concurrently with third party content and services (including advertising) without Note Everything no management. You are aware that different terms of use and privacy policies apply when using these third party content and services. Note Everything does not endorse the content and services of these third parties and is not, in any event, responsible for any products or services provided by these third parties.

The Service and the rights thereto shall be deemed the property of Note Everything. Nothing in these Terms and Conditions or your use of the Service shall be deemed to grant you any rights:(i) in or in connection with the Service other than the limited rights set out above. above; or (ii) to use or refer in any way to the name Note Everything, or Application names, logos, product and service names, brand names or service marks.

Note Everything provide the Services to you in accordance with these Terms and Conditions. However, you acknowledge that some third party providers of fitness coaching services may require you to agree to additional or different terms and conditions before you use or access those goods or services. Acceptance of these additional terms and conditions constitutes a separate legal binding between you and the third party service providers.

10. Data Issues

You are responsible for accessing the mobile data network to use the Service. Data and messaging network usage charges may be charged if you access or use the Service from a device capable of using a wireless network.

You are responsible for providing and updating compatible hardware or devices to access and use the Services and Applications and any subsequently updated versions of the Services and Applications.

Note Everything does not guarantee that the Service, or any content of the Service, will operate on any particular hardware or device. In addition, the Service may experience errors or delays during use due to Internet factors or other electronic interactions.

11. Waiver, Limitation of Liability and Indemnification

Note Everything DOES NOT and DOES NOT INTEND to provide fitness and yoga instruction services, and/or any similar services that under the law may be considered a sports service business under the law. Vietnamese law. Therefore, Note Everything will not be responsible for the fitness and yoga instruction services that Fitness Instructors provide to Practitioners. The Services are provided on an “as is” and “as available” basis. Note Everything disclaim all representations and warranties, expressed, implied or stipulated, not set out in these Terms and Conditions, including any implied warranties relating to the ability to provide services, fitness for sale, for a particular purpose and non-infringement of such warranties. Besides, Note Everything makes no representations, warranties or undertakings regarding the reliability, timeliness, quality, suitability or availability of the Services or any services or goods ordered through use of the Service, or that the Service will not be interrupted or subject to technical errors.

Note Everything makes no representation as to the quality, suitability, safety, or competence of the Exercise Instructor. You agree that the entire risk arising from your use of the Service, and any related services or goods, shall be yours to the maximum extent permitted by law. Current law.

Note Everything shall not be liable for any damages whether indirect or incidental, special or general, resulting from the imposition of sanctions or as a result of any other conduct, including loss of profits, data, personal injury or property damage related to, or arising from, the use of the Services, including Note Everything has been advised of the possibility of the above damages. Note Everything will not be responsible for any damages, liabilities or losses arising from your use or reliance on the Services or your inability to access or use the Services; or any dealings or relationship between the Trainer and the Training Instructor, including Note Everything has been advised of the possibility of the above damages.Note Everything shall not be liable for any delay or failure to act arising from causes beyond our reasonable control. Note Everything.

A Practitioner may use the Service to request or schedule fitness and yoga services with a Fitness Instructor, but the Practitioner agrees that Note Everything has no responsibility or liability to the Exerciser in connection with the exercise services provided by the Exercise Instructor.

The Practitioner agrees to waive and hold Note Everything and its officers, directors, employees and agents Note Everything from any claims, demands, losses, liabilities and expenses (including attorneys' fees), arising out of or in connection with: (i) the use of the Service or its services and goods. Practitioner gains through use of the Services;(ii) a Practitioner's violation of any of these Terms and Conditions;(iii) your use of User Content Note Everything; or (iv) the Exerciser's violation of the rights of any third party, including the Exercise Instructor.

12. Transfer

You may not assign these Terms and Conditions without our prior consent Note EverythingNote Everything will assign the Terms and Conditions without your consent to:(i) Note Everything child or related party; (ii) the party that owns the capital, rights or assets of Note Everything; or (iii) successor after merger. Any transfer in violation of the above provisions will be considered void. No relationship including joint venture, partnership, employment, or agency exists between you, Note Everything or any third party will be deemed to result from entering into these Terms and Conditions or through use of the Services.

13. General Terms

If any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be removed and the remaining provisions will remain in effect according to applicable law.

Job Note Everything No failure to enforce any right or provision of these Terms and Conditions shall be deemed to be Note Everything waive such rights and provisions except in cases where Note Everything acknowledge and agree in writing.

This Contract is made bilingual in English and Vietnamese. In case of any dispute regarding the content or Vietnamese version of these Terms and Conditions or in case of any conflict, ambiguity, or inconsistency between the English and Vietnamese versions, the The English version shall prevail, be binding and final. The English version will be used in the proceedings. The English version of the Terms and Conditions will be sent to you upon your written request.

These Terms and Conditions and disputes arising from or related to this agreement will be governed and interpreted in accordance with the laws of Vietnam. Any question, dispute or disagreement arising out of or in connection with these Terms and Conditions, including any dispute relating to the existence, validity or termination of the agreement, shall be arbitrated. and final decision by the Vietnam International Arbitration Center (VIAC) next to the Vietnam Chamber of Commerce and Industry in accordance with the arbitration rules of VIAC at that time. The dispute will be arbitrated by three arbitrators. Arbitrators are selected according to VIAC's arbitration rules and the language of arbitration is English.