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Help and Support

Need support with your KoldUp experience? Drop us a message below, and we'll get back to you as soon as we can.Alternatively, you can call our CEO Miguel directly at (512)-800-0412

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Want access to your data on the KoldUp app? Let us know and we'll send it to you as soon as we can.

Terms of Service

Effective Date: June 29, 2024

1. Introduction

Welcome to KoldUp, a service provided by BDY Technologies, Inc. ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your use of the KoldUp app ("App"), which allows users to locate, purchase, and access cold plunge sessions at participating gyms.

2. Acceptance of Terms

By creating an account or using the KoldUp App, you agree to be bound by these Terms. If you do not agree with these Terms, do not use the App.

3. Account Creation

To use our services, you must create an account by providing your email, name, and date of birth. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

4. Services Provided

KoldUp allows users to locate, purchase access, and utilise our cold plunge sessions at participating gyms. Users must adhere to all provided instructions and guidelines when using the cold plunge facilities.

5. User Responsibilities

When using the KoldUp app and participating in cold plunge sessions, you agree to adhere to the following responsibilities:a. General Conduct:
i) Comply with all posted instructions and guidelines when using the cold plunge facilities.
ii) Respect the rights and experiences of other users.b. Health and Safety:
i) Rinse off excess sweat and body oils before entering the plunge.
ii) Do not use the plunge if you have any open cuts or wounds.
iii) Do not hold your breath while plunging.c. Usage Limits:
i) Adhere to the maximum session time of 6 minutes per session.
ii) Close the lid of the plunge after your session to avoid additional charges.d. Maintenance and Cleanliness:
i) Remove any debris from the plunge surface using the skimmer net provided at the end of your session.
ii) Do not bring food or drink into the plunge area.e. Personal Belongings:
Take full responsibility for any personal belongings that may fall into the plunge.f. Session Integrity:
Do not share your plunge session with others.g. Prohibited Activities:
i) Accessing the cold plunge without first paying through the app.
Exceeding the maximum session time.
ii) Failing to close the plunge lid after your session.
iii) Sharing your session time with anyone else.
iv) Failure to comply with these responsibilities may result in the termination of your account and access to KoldUp services.

6. Payment Terms

a. Payment Processing:
All payments for cold plunge sessions are processed through Stripe, a secure third-party payment processor. By using the KoldUp app, you agree to comply with Stripe's terms and conditions.b. Fees:
There is a fee associated with each usage of the plunge, which is clearly displayed in the app before you complete your purchase. You agree to pay all applicable fees at the time of purchase.c. Payment Information:
When you make a payment, you will be required to provide valid payment information. This information is securely transmitted to and processed by Stripe. BDY Technologies, Inc. does not store your payment information.d. Authorization:
By providing your payment information, you authorize us to charge the applicable fees to your chosen payment method. You also authorize Stripe to process these charges.e. Refunds and Cancellations:
Refund policies, if applicable, will be clearly stated within the app. If you believe there has been an error with your payment or you need to request a refund, please contact our support team through the app. Refunds will be processed at our discretion and in accordance with our policies.f. Payment Disputes:
If you encounter any issues with a payment or believe there has been unauthorized use of your payment method, please contact our support team immediately. We will work with you and Stripe to resolve any payment disputes promptly.g. Changes to Fees:
We reserve the right to modify the fees for our services at any time. Any changes to fees will be communicated to you in advance through the app or via email.h. Tax:
You are responsible for any applicable taxes related to your use of the KoldUp services. Any taxes imposed will be added to the fees and charged to your payment method.By using the KoldUp app, you acknowledge and agree to these payment terms and Stripe's payment processing terms and policies.

7. Privacy Policy

Your use of the App is also governed by our Privacy Policy, which can be found at koldup.com/#privacy-policy.

8. User Content

a. Data Collection:
The KoldUp app automatically captures usage data based on user activity, including but not limited to session times, locations, and frequency of use. This data helps us improve our services and enhance your experience.b. Content Ownership:
Any content you create, upload, or store within the KoldUp app remains your property. However, by using the app, you grant BDY Technologies, Inc. a non-exclusive, royalty-free, worldwide, and transferable license to use, display, reproduce, modify, and distribute your content in connection with providing and promoting the KoldUp services.c. Data Usage:
The collected data is used to:
- Improve the functionality and performance of the app.
- Personalize user experiences.
- Provide customer support.
- Conduct research and analysis.d. Data Security:
We implement security measures to protect your data, including encryption and secure storage. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.e. User Responsibility:
You are responsible for ensuring that any content you upload does not violate any laws or infringe on any third-party rights. You also agree not to upload any harmful or malicious content.f. Content Removal:
We reserve the right to remove any content that violates these Terms, our Privacy Policy, or any applicable laws. We may also remove content that we determine to be inappropriate or harmful at our sole discretion.g. Third-Party Services:
The KoldUp app may integrate with third-party services. Your use of these services is subject to the terms and privacy policies of the respective third parties. We are not responsible for the practices or content of third-party services.By using the KoldUp app, you acknowledge and agree to the collection, use, and sharing of your data as described in this section and our Privacy Policy.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach the Terms or engage in prohibited activities.

10. Dispute Resolution

a. Initial Resolution:
If you have any issues or concerns regarding the services provided by KoldUp, please contact us through our help and support online enquiry form. We are committed to resolving complaints quickly and will respond within 3 business days.b. Negotiation:
Before initiating any formal dispute resolution process, you agree to attempt to resolve the dispute informally by contacting us at miguelbravobalestrini@gmail.com. Both parties will engage in good faith negotiations to resolve the dispute within 30 days of the initial notice.c. Binding Arbitration:
If the dispute is not resolved through negotiation, it will be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in the state where the services are being used, unless both parties agree to a different location. The arbitrator's decision will be final and binding, and the judgment may be entered in any court having jurisdiction.d. Class Action Waiver:
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.e. Limitation of Time to File Claims:
Any claim related to these Terms or the services must be filed within one year after the cause of action arose; otherwise, such claim is permanently barred.f. Exceptions to Arbitration:
Notwithstanding the foregoing, both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

11. Changes to the Terms

We may modify these Terms at any time. We will notify you of any changes via the email associated with your account. Your continued use of the App after such notification constitutes your acceptance of the new Terms.

12. Governing Law

These Terms of Service and any disputes related to them or the KoldUp services will be governed by and construed in accordance with the laws of the state where the cold plunge services are provided, without regard to its conflict of law principles. By using the KoldUp app, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in that state for the resolution of any disputes arising out of or relating to these Terms or the KoldUp services.

13. Waiver and Release of Liability

Before using our cold plunge services, users must sign our cold plunge waiver and release of liability agreement.

14. Contact Information

If you have any questions about the Terms of Service, please contact us via any of the following methods:

Privacy Policy

Effective Date: June 29, 2024

BDY Technologies, Inc.

1. Introduction

BDY Technologies, Inc. ("we," "our," "us") operates the KoldUp app. This Privacy Policy explains how we collect, use, share, and protect information about you when you use our app. By using KoldUp, you agree to the collection and use of information in accordance with this policy.

2. Information we collect

We collect the following information from you, when you use our app:

3. Data Collection Methods

We collect information through the following methods:

4. Use of Data

We use the data we collect for the following purposes:

Your data helps us deliver a better, more personalized service while ensuring the security and integrity of our platform.

5. Data Sharing

We share your information in the following ways:

We take steps to ensure that any third parties processing your data on our behalf are bound by confidentiality and data protection obligations.

6. User Rights

As a user of the KoldUp app, you have the following rights regarding your personal data:

You can exercise any of these rights through the app or by contacting us in any of the following ways stated below. We will respond to your request within a reasonable timeframe and in accordance with applicable data protection laws.

7. Security Measures

We take security seriously and implement the following measures:

8. Data Retention

We retain your data for different periods depending on the type of information and the purposes for which it is used:

Personal Data:
We retain your personal data for as long as your account is active. After you delete your account, we will retain your personal data for an additional 30 to 90 days. This period allows for account recovery in case of accidental deletion and ensures compliance with legal obligations. After this period, your personal data will be securely deleted or anonymized to protect your privacy.Payment Information:
We retain payment information as necessary to complete your transactions and for financial record-keeping purposes. Payment records are kept for 7 years in compliance with financial audit requirements and tax laws. This retention period ensures we meet our legal and regulatory obligations while maintaining accurate financial records.Usage Data:
We retain usage data for up to 2 years to analyze user behavior, improve our app, and provide relevant marketing offers. This period allows us to gain valuable insights into how users interact with our app and to make informed decisions about feature development and service enhancements. After 2 years, usage data will be anonymized to preserve user privacy while still allowing for long-term trend analysis and aggregated reporting.

In summary, we ensure that your data is retained only for as long as necessary to fulfill the purposes outlined in this policy. After the relevant retention periods, we take appropriate measures to securely delete or anonymize your data, thereby maintaining your privacy and complying with applicable data protection laws.

9. International Data Transfers

We prioritize the protection and privacy of your data, and currently, we do not transfer your data internationally. All data collected through the KoldUp app is stored and processed within the United States.Should it become necessary to transfer your data outside of the United States in the future, we will take the following steps to ensure your data remains protected:

By taking these steps, we aim to maintain the highest standards of data protection and ensure that your personal data remains secure, regardless of where it is processed or stored.

10. Third Party Links

The KoldUp app may contain links to third-party websites, services, and applications that are not operated or controlled by BDY Technologies, Inc. We provide these links for your convenience and to enhance your experience. However, we want to ensure you are aware of how your data is handled when you interact with these third-party services.Key points:

Your Responsibilities:

Our Commitment:

If you have any questions or concerns about the third-party links in our app or about how your data is handled by these third parties, please contact us. We are here to assist you and address any concerns you may have.

11. Children's Privacy

Protecting the privacy of children is of utmost importance to us. The KoldUp app is not intended for use by children under the age of 18, and we do not knowingly collect or solicit personal data from anyone under this age.Key points:

If you believe that we have collected personal data from a child under the age of 18, please contact us immediately. We will promptly investigate the situation and delete any data collected from the child without undue delay.

12. Policy Changes

We may update our Privacy Policy from time to time. We will notify you of any changes by emailing the address associated with your account.

13. Contact us

If you have any questions about this Privacy Policy, please contact us via any of the following methods:

Electronic Records and Signatures Disclosure

Effective Date: June 29, 2024

BDY Technologies, Inc. ("we," "our," "us") operates the KoldUp app ("the app"). From to time we will provide you with written notices and disclosures. Described below are the terms and conditions for providing you such notices and disclosures electronically on the app. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ on the app.

Getting paper copies

At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You can do so by sending an enquiry via our Data Download Request Form. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent

If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind

If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the app to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the app all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know by contacting us via our Help and Support Form. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact us

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

We will respond to any communications from you within 3 business days.

To advise us of your new email address

To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send us your request via our Help and Support Form and in the body of your request you must state: your previous email address, and your new email address.

To request paper copies from us

To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us your request via our Data Download Request Form and in the body of such request you must state your email address, full name, mailing address, and telephone number.

To withdraw your consent with us

To inform us that you no longer wish to receive future notices and disclosures in electronic format you must send us your request via our Help and Support Form and in the body of such request you must state your email, full name, mailing address, and telephone number.

Acknowledging your access and consent to receive and sign documents electronically

To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ in the app.By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: