1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you and Etérra, Inc., a Delaware corporation ("Etérra," "we," "our," or "us"), governing your access to and use of our websites, applications, digital courses, programs, memberships, communities, coaching services, events, and related offerings, including “Healthiest Chef”, “Ultimate Body Reset”, and “8uth” (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

We reserve the right to update these Terms at any time. Material changes will be communicated via website notice or email. Continued use of the Services after changes constitutes acceptance.

2. ELIGIBILITY

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that:

• You are at least 18 years of age;
• You have the legal capacity to enter into a binding agreement;
• Your use of the Services does not violate any applicable law or regulation.

The Services are not directed to children under 13. We do not knowingly collect personal information from children under 13.

3. ACCOUNT REGISTRATION

Certain Services require you to create an account through Kajabi or other authorized platforms. You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain the security and confidentiality of your account credentials;
• Notify us immediately of any unauthorized use of your account;
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we determine, in our sole discretion, pose a risk to the Services or other users.

4. SERVICES AND DIGITAL PROGRAMS 

Etérra offers digital courses, educational programs, meal planning content, wellness resources, community access, and related content ("Programs"). All Programs are delivered digitally through Kajabi or other authorized platforms.

15. HEALTH, WELLNESS, AI, AND RESULTS DISCLAIMER

The Services are provided solely for educational and informational purposes.

Etérra is not a healthcare provider and does not provide medical advice, diagnosis, treatment, or healthcare services. Nothing contained in the Services is intended to diagnose, treat, cure, prevent, or mitigate any disease or medical condition.

The Services may include information relating to nutrition, wellness, longevity, healthy aging, exercise, supplements, laboratory testing, biomarker testing, microbiome testing, genetic testing, lifestyle practices, and related topics. Such information is intended solely for educational purposes and should not be relied upon as medical advice.

You should consult qualified healthcare professionals before making decisions regarding your health, diet, exercise, supplements, medications, laboratory testing, genetic testing, microbiome testing, or medical care.

Individual results vary. Etérra makes no representation, warranty, or guarantee regarding any health, wellness, weight loss, longevity, biomarker, laboratory, microbiome, fitness, or other outcomes that may result from use of the Services.

Any testimonials, case studies, success stories, before-and-after results, or user experiences presented through the Services reflect individual experiences and are not guarantees of future results. Your results may differ significantly.

Certain Services may feature content from third-party experts, advisors, or collaborators. Such content reflects the views of the individual contributor and does not constitute an endorsement by Etérra. Expert contributors are independent and Etérra does not warrant the accuracy or completeness of their content.

Certain Services may utilize artificial intelligence, machine learning systems, recommendation systems, large language models, and other automated technologies. AI-generated content may contain inaccuracies, errors, omissions, or outdated information and should not be relied upon as medical, legal, financial, nutritional, psychological, or professional advice.

The Services may recommend or reference third-party products, services, laboratories, supplements, testing providers, or other resources. Such references are provided solely for informational purposes. Etérra does not guarantee the safety, effectiveness, quality, suitability, or performance of any third-party product or service.

Certain links may be affiliate links, and Etérra may receive compensation if you purchase products or services through such links. Any compensation received does not alter our commitment to providing educational content that we believe may be valuable to users.

Your reliance upon any information provided through the Services is solely at your own risk.

6. COACHING SERVICES

Etérra may offer limited-time live coaching or advisory sessions with qualified instructors, including Natalie Golba. The following terms apply to all coaching offerings:

• Coaching sessions are educational in nature and do not constitute medical, nutritional, therapeutic, or professional advice;
• Coaching availability, format, and pricing are subject to change at any time;
• Session scheduling, cancellation, and rescheduling policies will be communicated at the time of purchase;
• Etérra does not guarantee specific outcomes or results from coaching participation;
• Coaching sessions may be recorded for quality and educational purposes. You will be notified prior to any recording.

Etérra reserves the right to discontinue, modify, or limit coaching offerings at any time without liability.

7. PAYMENT AND BILLING

7.1 Pricing

Program prices are displayed at the point of purchase. All prices are in U.S. dollars unless otherwise stated. Etérra reserves the right to change prices at any time, with changes taking effect upon your next purchase or renewal.

7.2 Payment Processing

Payments are processed by third-party providers including Stripe and Kajabi Payments. By providing payment information, you authorize us to charge the applicable fees. Etérra does not store complete payment card information on its servers.

7.3 Taxes

You are responsible for all applicable taxes associated with your purchase. Where required by law, Etérra will collect and remit applicable taxes.

7.4 Subscriptions 

Subscriptions automatically renew until cancelled. You authorize recurring charges.

You may cancel before the next billing cycle.=

8. REFUND POLICY

8.1 Digital Programs

We offer a 7-day refund window from the date of purchase for digital programs and courses. To request a refund, you must:

• Submit your request within 7 calendar days of your original purchase date;
• Email support@healthiestchef.com with the subject line: "Refund Request" and include your name, purchase date, and program name;
• Not have completed more than 25% of the program content;
• State the reasons for the refund.

8.2 Non-Refundable Items

The following are not eligible for refunds:

• Purchases made more than 7 days prior to the refund request;
• Programs where more than 25% of content has been accessed or completed;
• Coaching sessions that have been delivered or that were cancelled by you with less than 24 hours notice;
• Membership fees for the current billing period after access has been granted.

8.3 Processing

We may request feedback regarding your experience in order to improve the product and process your refund. Approved refunds will be processed within 5-10 business days to the original payment method. Etérra reserves the right to deny refund requests that do not meet the above criteria.

9. INTELLECTUAL PROPERTY

9.1 Etérra Content

All content available through the Services, including but not limited to courses, videos, recipes, meal plans, written materials, graphics, trademarks, logos, and software, is owned by or licensed to Etérra and protected by applicable intellectual property laws.

9.2 License to Users

Subject to your compliance with these Terms and payment of applicable fees, Etérra grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Program content for your personal, non-commercial use only.

9.3 Restrictions

You may not:

• Copy, reproduce, distribute, republish, or resell any Program content;
• Share your account credentials or allow others to access Programs through your account;
• Create derivative works based on Program content without express written permission;
• Use Program content for commercial purposes, including resale, sub-licensing, or training competing products or AI systems;
• Remove or alter any copyright, trademark, or proprietary notices.

9.4 User-Submitted Content

If you submit content to the Services (including community posts, comments, or survey responses), you grant Etérra a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute such content in connection with the Services. You represent that you own or have the right to submit such content. User grants Etérra the right to use submitted testimonials, comments, photographs, videos, and feedback for marketing, educational, and promotional purposes.

10. COMMUNITY AND USER CONDUCT

If you participate in any Etérra community, forum, or interactive feature, you agree not to:

• Post content that is unlawful, harmful, harassing, defamatory, or offensive;
• Impersonate any person or entity;
• Solicit other users for commercial purposes;
• Share personal health or medical information of third parties without their consent;
• Interfere with the operation of the Services or other users' use of the Services.

Etérra reserves the right to remove content and suspend or terminate accounts for violation of these community standards without notice or liability.

11. DISCLAIMERS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Etérra does not warrant that:

• The Services will be uninterrupted, error-free, or secure;
• Any results obtained from use of the Services will be accurate or reliable;
• Defects in the Services will be corrected;
• Program content is complete, current, or free from errors.

Health, nutrition, and wellness results vary by individual. Etérra does not guarantee any specific outcome from use of the Services or participation in any Program.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETÉRRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR PERSONAL INJURY.

In no event shall Etérra's total aggregate liability to you for all claims arising out of or relating to these Terms or the Services exceed the greater of (a) the amount you paid to Etérra in the 12 months preceding the claim, or (b) $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Etérra, its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services;
• Your violation of these Terms;
• Your violation of any third-party rights;
• Any content you submit to the Services.

14. THIRD-PARTY SERVICES

The Services may integrate with or link to third-party platforms and services including Kajabi, Stripe, Google, Meta, Zoom, Calendly, and others. These third parties have their own terms of service and privacy policies. Etérra is not responsible for the practices, content, or availability of third-party services.

Your use of third-party services is at your own risk and subject to the applicable third-party terms.

15. TERMINATION

Etérra reserves the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, including for violation of these Terms.

Upon termination:

• Your license to access Program content is immediately revoked;
• You remain responsible for all charges incurred prior to termination;
• Provisions of these Terms that by their nature should survive termination shall survive, including Sections 9, 11, 12, 13, 16, and 17.

You may terminate your account at any time by contacting support@healthiestchef.com.

 

16. DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 Informal Resolution

Before initiating formal dispute resolution, you agree to first contact us at support@healthiestchef.com and provide a written description of the dispute. We will attempt to resolve the dispute informally within 30 days.

16.2 Binding Arbitration

If we cannot resolve the dispute informally, you and Etérra agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services through binding individual arbitration, rather than in court, except as set forth below.

16.3 Arbitration Rules

Arbitration shall be administered by JAMS pursuant to its applicable rules, available at www.jamsadr.com. The arbitration shall take place in Los Angeles County, California, or by videoconference at either party's election. The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision.

16.4 Class Action Waiver

YOU AND ETÉRRA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

16.5 Exceptions

This arbitration agreement does not apply to:

• Claims that may be brought in small claims court;
• Claims for injunctive or other equitable relief to prevent unauthorized use of the Services or intellectual property;
• Any claim where applicable law prohibits arbitration.

If any portion of this arbitration agreement is found unenforceable, the remaining portions shall remain in full force and effect, except that if the class action waiver is found unenforceable, the entire arbitration agreement shall be null and void.

17. GOVERNING LAW AND JURISDICTION

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Arbitration shall be administered by JAMS pursuant to its applicable rules and shall take place in Los Angeles County, California, or by videoconference at either party's election. The Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provision.

For any disputes not subject to arbitration, you and Etérra consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy constitute the entire agreement between you and Etérra with respect to the Services and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Etérra may assign these Terms without restriction.

18.5 Force Majeure

Etérra shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, acts of government, pandemics, or failures of third-party services.

18.6 No Professional Relationship

Use of the Services does not create a physician-patient, therapist-client, attorney-client, or any other professional relationship between you and Etérra or any of its contributors or advisors.

19. CONTACT US

Etérra, Inc., a Delaware corporation registered to do business in California as Eterra Holdings, Inc.

support@healthiestchef.com 

131 S Maple Drive, Unit 301, Beverly Hills, California 90212, USA