Terms & Conditions

Terms & Conditions

Terms and Conditions of Service

Last Revised: Oct 6 2025

1. General

The EngGym mobile application (“App”), website (“Website”), and related services (together, the “Service”) are operated by Elite Learning New York Inc. (“Elite Learning New York Inc.,” “EngGym,” “we,” “our,” or “us”). Access to and use of the Service are subject to these Terms and Conditions of Service (“Terms”). By accessing or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms, including any future modifications. We may update these Terms periodically. If changes are material, we will post a notice on our Website and indicate the date of the most recent revision. The revised Terms will take effect seven (7) days after posting or upon your continued use of the Service, whichever comes first.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. For the purposes of these Terms, and unless the context expressly requires otherwise, all references to “EngGym” shall be deemed to include Elite Learning New York Inc., which is the legal entity responsible for the ownership, operation, and provision of the Service. By accessing or using EngGym, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Service

The Service allows users to access a variety of educational services, including reading, writing, listening, and speaking exercises EngGym may, at its discretion, modify, enhance, suspend, or discontinue any part of the Service temporarily or permanently without prior notice.

3. Acceptable Use

You are responsible for all activity conducted through your account. To maintain a safe and positive community, you agree not to:

• Use EngGym for unlawful or harmful purposes;

• Attempt to gain unauthorized access to other accounts or the Service’s systems;

• Interfere with or disrupt the Service or its networks;

Violating these rules may result in suspension or termination of your account.

4. Registration

In connection with registering for and using the Service, you agree to provide accurate, current, and complete information about yourself and/or your organization as requested by EngGym. You also agree to maintain the confidentiality of your password and any other information related to the security of your account. Furthermore, you agree to promptly update any registration information you provide to EngGym to ensure that it remains accurate, current, and complete at all times. You acknowledge and accept that you are fully responsible for all activities conducted under your account and for any actions that occur through your account.

5. Your Representations and Warranties

You represent and warrant to EngGym that your access to and use of the Service will comply with these Terms and Conditions and with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction, including those concerning online conduct, acceptable content, and the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit through the Service (including Activity Materials and Content) and that you have the right, as applicable, to grant EngGym a license to use that material as described in these Terms or to assign that material to EngGym as otherwise provided. You represent and warrant that you are not:

1. Organized under the laws of, operating from, or ordinarily resident in a country or territory that is subject to comprehensive U.S. economic or trade sanctions(including embargoed countries);

2. Identified on any list of prohibited or restricted parties, such as the U.S. Department of the Treasury’s List of Specially Designated Nationals and Blocked Persons; or

3. Otherwise the target of U.S. sanctions.

6. Submission of Content

As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively referred to as “Content”), you hereby grant to EngGym a fully paid, royalty- free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; to incorporate the Content into other works; and to sublicense the Content through multiple tiers. You acknowledge that this license cannot be revoked or terminated by you once your Content has been submitted to the Service. You represent and warrant that you own or have secured all necessary legal rights for the Content you submit to be used by you, EngGym, and others as described in and otherwise contemplated by these Terms and Conditions. You understand that other users may have access to your Content and that neither they nor EngGym have any obligation to maintain its confidentiality. You agree not to upload, display, or otherwise provide on or through the Service any Content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the rights of any third party, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree not to post any Content that, in EngGym’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose EngGym or its users to any harm or liability of any kind.

7. Indemnification of EngGym

You agree to defend, indemnify, and hold harmless EngGym, along with its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities, and damages of any kind, including reasonable attorneys’ fees, arising out of or relating to your access to or use of the Service, any false representation made to EngGym (whether as part of these Terms and Conditions or otherwise), your breach of any provision of these Terms and Conditions, or any claim that any educational content, translation, or material provided to you by EngGym is inaccurate, inappropriate, or defective in any manner whatsoever.

8. License to App

Subject to the terms of these Terms and Conditions, EngGym grants you a non- transferable, non-exclusive license to download, install, and use one copy of each

EngGym mobile application (“App”) in object code form only on a compatible mobile or wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof.

EngGym and its licensors own and shall retain all intellectual property and other proprietary rights in and to the Apps, including any updates, modifications,

enhancements, or corrections thereto. The following additional terms apply if you download or use any EngGym App from the Apple App Store. To the extent that the other terms of these Terms and Conditions are less restrictive than, or otherwise conflict with, the provisions of this paragraph, the more restrictive or conflicting provisions in this paragraph shall apply, but only with respect to Apps obtained from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and EngGym, not Apple Inc. (“Apple”), and that Apple is not responsible for the Apps or the content thereof. Your use of any EngGym App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apps. In the event that any EngGym App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple shall have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any such failure shall be governed solely by these Terms and Conditions. You and EngGym acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of any App,

including but not limited to: 

(i) product liability claims; 

(ii) claims that an App fails to conform to any applicable legal or regulatory requirement; or 

(iii) claims arising under consumer protection or similar legislation. You and EngGym further acknowledge that, in the event of any third-party claim that any EngGym App or your possession and use of that App infringes such third party’s intellectual property rights, EngGym, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms and Conditions. You agree to comply with all applicable third-party terms of agreement when using any EngGym App. You and EngGym acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple shall have the right (and shall be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.

9. In-App Purchases and Subscriptions

EngGym operates on a subscription model. New users receive a 14-day free trial, after which the account automatically converts to a paid subscription unless canceled before the trial period ends.

a. Automatic Renewal:

Subscriptions renew automatically unless canceled at least 24 hours before the end of the current billing period. Renewal charges will be billed through your App Store account. You can manage or cancel your subscription anytime in your App Store settings. If you cancel, you will continue to have access to EngGym until the end of your current billing cycle.

b. Trial and Payment Terms:

At the end of the 14-day free trial, your selected subscription plan will begin automatically, and the applicable fee will be charged to your payment method on file. To avoid charges, you must cancel your subscription before the trial ends.

c. Fees and Taxes

You agree to pay all fees and applicable taxes incurred by you or by anyone using an EngGym account registered to you. EngGym reserves the right to revise the pricing for any goods or services offered through the Service at any time. All information that you provide in connection with any purchase, transaction, or other monetary interaction within the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with any purchase or transaction through the Service, at the prices in effect when such charges are incurred. You are also responsible for paying any applicable taxes related to such purchases, transactions, or other monetary interactions.

10. Refunds:

All payments are non-refundable, except where required by law. For purchases made through Apple or Google, all billing and refund requests must be handled directly by the respective app store. EngGym does not process or issue refunds for purchases made through third-party platforms.

11. Payment Processors

All financial transactions are handled by third-party payment processors (such as Apple or Google) under their own terms of use and privacy policies. EngGym is not responsible for any errors, delays, or issues arising from their services.

12. Third-Party Links and Content

The Service may include links to third-party websites, advertisers, services, special offers, or events that are not owned or controlled by EngGym. EngGym does not endorse or take responsibility for any such third-party websites, information, materials, products, or services. When you access a third-party website, service, or piece of content through the Service, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of those external platforms. You acknowledge and agree that EngGym is not responsible or liable, directly or indirectly, for any loss or damage that may result from your use of any third-party website, service, or content.

13. NO REPRESENTATIONS OR WARRANTIES BY ENGGYM

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES, EDUCATIONAL MATERIALS, AND OTHER CONTENT CONTAINED THEREIN, AS WELL AS ANY INFORMATION, PROPERTY, OR RIGHTS MADE AVAILABLE OR PROVIDED TO YOU BY ELITE LEARNING NEW YORK INC. (ENGGYM), ARE PROVIDED ON AN “AS IS” BASIS. ENGGYM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE. ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ENGGYM MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, OR TIMELINESS OF THE SERVICE OR ANY CONTENT CONTAINED THEREIN, NOR REGARDING THE RESULTS TO BE OBTAINED FROM ITS USE OR THAT THE SERVICE WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION. ACCESS TO AND USE OF THE SERVICE MAY BE UNAVAILABLE FROM TIME TO TIME DUE TO PERIODS OF HIGH DEMAND, SYSTEM UPDATES, TECHNICAL MALFUNCTIONS, OR SCHEDULED OR UNSCHEDULED MAINTENANCE, OR FOR OTHER REASONS BEYOND ENGGYM’S CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

14. LIMITATION OF TYPES OF DAMAGES/LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELITE LEARNING NEW YORK INC. ENGGYM BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PART THEREOF. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES, OR CLAIMS BY THIRD PARTIES FOR DAMAGE TO COMPUTERS, SOFTWARE, DEVICES, OR OTHER PROPERTY, EVEN IF ENGGYM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENGGYM’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY AND ALL CAUSES OF ACTION, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE TOTAL AMOUNT PAID, IF ANY, BY YOU TO ENGGYM FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INITIAL CLAIM GIVING RISE TO SUCH LIABILITY. THIS LIMITATION IS AN AGGREGATE CAP ON ALL CLAIMS COMBINED, AND THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT.

15. Intellectual Property Rights in Service Content and Activity Materials

All content made available through the Service, including but not limited to designs, text, graphics, images, information, software, audio, video, and other files, as well as their selection and arrangement (collectively, the “Service Content”), constitutes the proprietary property of Elite Learning New York Inc. (EngGym) or its licensors. No portion of the Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold, in whole or in part, by any means, except as expressly permitted under these Terms and Conditions. You are expressly prohibited from using any data mining, robots, scraping, or similar data-gathering or extraction methods to obtain or replicate Service Content. As between you and EngGym, all data, information, and materials generated from your access to and use of the educational activities made available through the Service, including but not limited to any translations, answers, or other content you create in the course of using the Service (collectively, “Activity Materials”), shall be the exclusive property of EngGym. You shall have no right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby irrevocably assign to EngGym all rights, title, and interest, including any intellectual property or proprietary rights, in and to the Activity Materials. All rights not expressly granted to you under these Terms and Conditions are reserved by EngGym and its licensors.

16. USE OF YOUTUBE API SERVICES

Certain EngGym features utilize the YouTube API Services to deliver English learning content and related materials. By using these features, you acknowledge and agree to be bound by the YouTube Terms of Service and the Google Privacy Policy in addition to these EngGym Terms and Conditions. EngGym’s integration with YouTube API Services is designed solely to provide educational video functionality within the app. EngGym may access limited, publicly available YouTube data, such as video titles, thumbnails, channel names, or playback metadata, as required for these learning features.

17. Termination

EngGym may, at its sole discretion, terminate your access to and use of the Service at any time and for any reason, effective immediately. Upon such termination, you will no longer have any right to access or use the Service. You may terminate your EngGym account at any time by following the account termination instructions provided within the Service.

18. Privacy

Use of the Service is also subject to the terms of our Privacy Policy. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the EngGym Privacy Policy.

19. Promotion Code Terms

EngGym may, from time to time, offer codes that can be redeemed for certain Services (“Promotion Codes”). Unless otherwise specified, Promotion Codes are subject to the following terms, in addition to all other provisions contained in these Terms and Conditions. By using or redeeming a Promotion Code, you acknowledge and agree to be bound by all applicable terms. CODE PROVIDERS In certain cases, you may receive a Promotion Code from an authorized third party, such as your employer, educational institution, or another organization (“Code Provider”). AUTOMATIC RENEWAL TERMS FOR EXTENDED FREE TRIAL CODES To redeem an Extended Free Trial Code, you may be required to select a subscription plan that will begin after the conclusion of your extended free trial period and to provide valid payment information accepted by EngGym. If you redeem an Extended Free Trial Code, and you do not cancel at least twenty-four (24) hours before your extended free trial period ends, your subscription will automatically renew and you will become a recurring subscriber under the selected plan. The payment method you provided will automatically be charged for the applicable subscription price at the end of the free trial period. If you cancel your subscription during the extended free trial, your access to the paid subscription features will terminate at the conclusion of the free trial period.

TERMS APPLICABLE TO ALL PROMOTION CODES

Promotion Codes have no cash value and may not be redeemed for money, refunds, or credits toward any existing or previous subscription or purchase. Each Promotion Code may be redeemed only once per user, unless expressly stated otherwise.Certain Promotion Codes may be subject to expiration dates, usage limits, or geographic restrictions. EngGym reserves the right to modify, suspend, or terminate any Promotion Code at any time for any reason. Reselling, trading, or transferring Promotion Codes is strictly prohibited. Any Promotion Code that has been resold, transferred, or otherwise obtained through unauthorized means shall be considered null and void. If a Promotion Code is redeemed or used in violation of this Section or any other applicable terms, EngGym may invalidate the Promotion Code and terminate any related Services without refund or exchange. In addition, EngGym reserves the right to prohibit any user found to have misused Promotion Codes from participating in future promotions. CODE PROVIDER LIMITATIONS AND DATA SHARING Your Code Provider may impose additional conditions or eligibility requirements for use of the Promotion Code and may terminate your use of the Promotion Code at any time. For example, if you obtained a prepaid subscription to EngGym through a Promotion Code issued by your employer, your employer may terminate that subscription if your employment ends. If your Code Provider terminates your use of the Promotion Code, you will retain ownership of your EngGym account and associated data, and may choose to purchase a subscription independently. By redeeming a Promotion Code from a Code Provider, you acknowledge and agree that EngGym may share information regarding your use of the Promotion Code with the Code Provider. This may include anonymized and aggregated data as well as individual usage data, to the extent permitted by applicable privacy and data protection laws.

20. Copyright Infringement Notice and Agent Information

If you are a copyright owner (or authorized to act on behalf of one) and believe in good faith that any material available through the EngGym Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing EngGym with a written notice containing the following information:

1. A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of the location on the Service of the material you claim is infringing, with sufficient detail to enable EngGym to locate the material;

4. Your full name, address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner. Please consult your legal counsel or refer to 17 U.S.C. §512(c)(3) for further details on proper DMCA notice requirements. EngGym’s Agent for Notice of claims of copyright infringement can be reached as follows: By mail: 10 Robin Drive, Ossining, NY, 10562 By email:legal@enggym.com For clarity, only notices regarding alleged copyright infringement should be directed to EngGym’s Copyright Agent. You acknowledge that if your notice fails to comply with all of the requirements of this section, it may not be valid under the DMCA. COUNTER-NOTICE PROCEDURE If you believe that content you posted was removed or disabled by mistake or misidentification, or that you have proper authorization from the copyright owner, its agent, or under applicable law to post and use the material, you may submit a counter- notice to the address listed above. Your counter-notice must include the following information:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled, and the location where it appeared before it was removed or disabled;

3. A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

4. Your full name, physical address, telephone number, and email address; a statement that you consent to the jurisdiction of the federal district courts located in New York, New York; and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement. After receiving your counter-notification, EngGym will forward it to the party that submitted the original copyright claim. Please note that your counter-notification will include your personal information, and by submitting it, you consent to this disclosure. EngGym will not forward your information to any party other than the original claimant. Once the counter-notification has been sent, the original claimant has ten (10) business days to notify EngGym that they have filed a court action seeking to restrain you from infringing the copyrighted material in question. If EngGym does not receive such notice within that period, the removed material may be restored to the Service.

21. Governing Law

These Terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles. If any provision of these Terms is deemed invalid, the remaining provisions shall remain in full effect.

22. CHOICE OF FORUM

Subject to Section 24 (Dispute Resolution & Arbitration), all judicial proceedings relatingto or arising out of these Terms and Conditions or the Service shall be brought exclusively in the state or federal courts located in New York, New York, USA. Both parties hereby consent to the personal jurisdiction of the state and federal courts located in New York, New York, and waive any objections to venue in those courts.

23. Dispute Resolution & Arbitration

ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR TO THE SERVICE THAT SEEKS MONETARY RELIEF SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THIS SECTION.Before initiating arbitration, the party seeking arbitration (the “Claimant”) must first send a written Notice of Claim to the other party (the “Respondent”) by email or by U.S. Postal Service Certified Mail. This Notice must include the Claimant’s name, mailing address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receiving the Notice, both parties must participate in at least one good-faith settlement conference by telephone or video conference. An individual Claimant must personally attend the settlement conference, and an entity Claimant must be represented by an employee with authority to resolve the dispute. Either party may be accompanied by legal counsel. Arbitration may only be initiated if the parties are unable to reach a resolution at or following this settlement conference. The arbitration shall be conducted by a single neutral arbitrator and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, including the Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”), together with the provisions of this section. In the event of any inconsistency between this section and the AAA Rules, the provisions of this section shall prevail. If the AAA is unavailable to administer the arbitration, the parties shall select an alternative arbitration organization by mutual agreement or conduct the arbitration on an ad hoc basis consistent with the procedures in this section. All arbitration proceedings shall be conducted in the English language If a claim falls within the jurisdiction of a small claims court, either party may elect to have the matter resolved in that court on an individual basis rather than through arbitration. If twenty-five (25) or more similar Demands for Arbitration are filed against or on behalf of the same party or related parties, and if representation of the parties is coordinated or substantially similar across those cases, the AAA’s Supplementary Rules for Multiple Case Filings shall apply. Counsel filing twenty-five (25) or more similar arbitration demands against EngGym must comply with the AAA’s Filing Requirements for Multiple Case Filings. There shall be no class or collective arbitration, and no consolidation or joinder of claims, except as expressly permitted under the AAA’s Supplementary Rules for Multiple Case Filings. If you are an individual user and do not wish to resolve disputes with EngGym through binding arbitration, you may opt out of this arbitration agreement by sending a written notice via email to legal@enggym.com within thirty (30) days of the date you first access or use the Service. Notwithstanding the foregoing, either party may apply to a court of competent jurisdiction for non-monetary, injunctive, or other equitable relief, including urgent relief, without first initiating arbitration or participating in the informal dispute resolution process described above.

24. California Resident

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

25. Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

26. Miscellaneous 

These Terms and Conditions constitute the entire agreement between EngGym and you with respect to the subject matter herein and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and EngGym regarding the Service. If any provision of these Terms and Conditions is held by a court or tribunal of competent jurisdiction to be invalid or unenforceable, such provision shall be modified or limited to the minimum extent necessary to render it enforceable, and the remaining provisions shall continue in full force and effect. No waiver by EngGym or by you of any term or provision of these Terms and Conditions, or of any breach thereof, shall be deemed a continuing waiver or a waiver of any other term, provision, or subsequent breach. EngGym may assign any of its rights or obligations under these Terms and Conditions at any time without restriction or notice. These Terms and Conditions shall be binding upon and shall inure to the benefit of EngGym and you, and each of our respective successors and permitted assigns.