Terms & Conditions | Nieves Effect
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Terms & Conditions

Nieves Effect LLC · Effective Date: January 1, 2025 · Last Updated: January 2025

Welcome to Nieves Effect LLC. By accessing www.nieveseffect.com or using any of our coaching services, you agree to be bound by these Terms and Conditions. Please read them carefully. If you do not agree, please do not use our services.

1. SMS Messaging Program & Use Cases

Nieves Effect LLC operates an SMS messaging program to communicate with clients and prospective clients who have explicitly opted in to receive text messages. Our SMS program covers the following message types:

  • Appointment & coaching reminders: Notifications reminding you of scheduled check-in calls, strategy sessions, or coaching milestones.
  • Order & account confirmations: Confirmations of enrollment, payment receipts, and subscription renewals.
  • Program updates & instructions: Notifications about new content, updated workout plans, or changes to your coaching program.
  • Accountability & check-in prompts: Weekly or bi-weekly check-in reminders to log your progress in the Nieves Effect app.
  • Customer support follow-ups: Responses to help requests or inquiries submitted via our website or app.
  • Marketing & promotional messages: Special offers, discounts, new program launches, and service announcements — sent only to users who have separately opted in to marketing SMS.

SMS consent is collected through an explicit, unchecked opt-in checkbox on our coaching application form. Consent is never required to submit a form or use our services. Two separate checkboxes are provided — one for transactional messages and one for marketing messages — so you can consent to one, both, or neither.

2. How to Opt Out of SMS — Text STOP

To cancel SMS messages at any time, text STOP to the number you received messages from.

After you send STOP, we will send you one final SMS confirming that you have been unsubscribed. You will receive no further messages after that confirmation.

If you wish to re-subscribe in the future, you may sign up again through our website form at www.nieveseffect.com and opt in at that time.

Opting out of SMS will not affect your coaching services, account access, or any other communications you have consented to separately.

3. Support Contact Information

If you are experiencing issues with the SMS messaging program, have questions about your messages, or need to update your contact information, you can reach us through any of the following channels:

  • Reply HELP: Text HELP to any message you receive from us and we will respond with support instructions.
  • Email: [email protected] — we respond to all inquiries within 1–2 business days.
  • Website: www.nieveseffect.com

For urgent support matters, email is the fastest way to reach us. Please include your full name and phone number so we can locate your account quickly.

4. Message & Data Rates Disclosure

Message and data rates may apply for all SMS messages sent to you from us and for any messages you send to us.

Message frequency varies based on your coaching program and consent selections — typically 1 to 4 messages per week for active coaching clients.

If you have questions about your text plan, data allowance, or carrier charges, please contact your wireless service provider directly. Nieves Effect LLC is not responsible for any charges applied by your wireless carrier.

5. Carrier Liability Disclaimer

Carriers are not liable for delayed or undelivered messages.

Nieves Effect LLC is not responsible for messages that are delayed, undelivered, or blocked by your wireless carrier. Delivery of SMS messages is subject to the terms and conditions of your individual wireless carrier. Network availability, carrier filtering policies, and device settings may affect message delivery.

6. Age Restriction — 18+ Only

You must be at least 18 years of age to use our services or opt in to our SMS program.

Our coaching programs, website, and SMS communications are intended solely for adults aged 18 and older. By submitting your information and opting in to SMS, you confirm that you are 18 years of age or older.

If we become aware that a person under the age of 18 has provided their information or opted in to SMS, we will immediately delete that information and remove them from all messaging lists. Parents or guardians who believe their minor child has submitted information to us should contact us immediately at [email protected].

7. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains in full detail:

  • What personal information we collect (name, email, phone number, fitness data)
  • How we use and store your data
  • SMS opt-in consent practices and how SMS data is handled
  • Cookie and tracking technologies we use
  • Data security measures we have in place
  • Your rights to access, correct, delete, and opt out
  • Our no-sharing policy for SMS opt-in data
Read our full Privacy Policy here:

https://optin.nieveseffect.com/privacy

By using our services or opting in to SMS, you acknowledge that you have read and agree to our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. SMS opt-in data and consent are never sold or shared with any third party.

8. About Nieves Effect LLC & Services

Nieves Effect LLC is an online fitness coaching company operated by Felix Nieves, a certified personal trainer based in Tampa, Florida. We provide fat loss coaching, personalized workout programming, nutrition guidance, and wellness support delivered online via our coaching platform and the Nieves Effect mobile app.

Our programs are not a substitute for medical advice, diagnosis, or treatment. Always consult a qualified medical professional before beginning any exercise or nutrition program. Results vary by individual and depend on adherence, physiology, and other factors outside our control.

9. Payment & Refunds

Coaching fees are due as outlined in your individual coaching agreement. All payments are processed securely through our payment processor. Refund terms vary by program and will be clearly disclosed at the time of enrollment.

10. Intellectual Property

All content on www.nieveseffect.com — including text, graphics, logos, workout programs, and app content — is the property of Nieves Effect LLC and protected by applicable copyright and trademark laws. You may not reproduce, distribute, or use our content without prior written permission.

11. Limitation of Liability

To the maximum extent permitted by law, Nieves Effect LLC and its owners, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability for any claim shall not exceed the amount paid by you in the 3 months preceding the claim.

12. Governing Law

These Terms and Conditions are governed by the laws of the State of Florida. Any disputes shall be resolved in the courts of Hillsborough County, Florida.

13. Changes to These Terms

We reserve the right to update these Terms at any time. We will revise the "Last Updated" date at the top of this page when changes are made. Continued use of our services after any update constitutes acceptance of the revised Terms.

14. Contact Us

Nieves Effect LLC
Tampa, Florida
Email: [email protected]
Website: www.nieveseffect.com