Oshatex LLC. ("Ginka Kostova," "Practitioner," "we," "us," or "our")

Effective Date: August 6th 2026  |  Last Updated: August 6th 2026 

1. Acceptance of These Terms

These Terms and Conditions ("Terms") form a binding agreement between you ("Client," "you," or "your") and Oshatex LLC., a LLC registered in the State of South Carolina, USA, operating under the brands Performance Energy Physiology and The Performance Advantage ("Company," "we," "us," or "our"), governing your access to and use of our website at www.ginkakostova.com (the "Site") and any nutrition, coaching, educational, or related services we provide (the "Services").

By accessing the Site, booking a session, purchasing a program, or otherwise using the Services, you confirm that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated here by reference. If you do not agree, you must not use the Site or the Services.

2. Eligibility

You must be at least 18 years old to purchase or use the Services. If you are between 16 and 18 and located in a jurisdiction that permits this with parental involvement, a parent or legal guardian must review and accept these Terms on your behalf and remain involved in your care. We do not knowingly provide Services to anyone under 16.

3. Nature of the Services and Scope of Practice

Ginka Kostova is a certified Nutritional Therapist and SIBO Practitioner. The Services are educational and supportive in nature and are designed to help you improve your general health, energy, digestive function, and lifestyle through nutrition education, functional testing interpretation, and non-medical guidance.

The Services are not medical care, and nothing provided through the Site or in sessions constitutes the practice of medicine, psychotherapy, or any other licensed healthcare service.

●      We do not diagnose, treat, cure, or prevent any disease, disorder, or medical condition.

●      If, in the course of our work together, we suspect the presence of a condition that requires medical attention, we will tell you to consult a licensed physician promptly. That referral is not a diagnosis, and following up with a physician is solely your responsibility.

●      Nothing in the Services should be understood as a substitute for the advice of your physician or other qualified healthcare provider. Never disregard, delay, or discontinue medical treatment because of anything you read or hear from us.

●      Any supplements, foods, or lifestyle changes recommended are intended to support the body's natural function and are not prescribed as treatment for any diagnosed condition.

3.1 Medical Emergencies

The Services are not designed or staffed for urgent or emergency situations. If you are experiencing a medical or psychiatric emergency, including thoughts of harming yourself or others, do not contact us. Call 911 (if you are in the US) or your local emergency number, go to your nearest emergency room, or contact a crisis line available in your country. We are not able to monitor messages in real time and cannot serve as a substitute for emergency medical services.

4. Booking, Sessions, and Scheduling

Initial sessions must be scheduled at least 48 hours in advance, along with submission of your completed intake form, so that your session time is used effectively. Follow-up sessions should be scheduled with a two-week interval unless we agree otherwise.

Session links are delivered via Zoom, distributed through our scheduling platform (Calendly) at the time of booking.

4.1 Rescheduling and Cancellations by You

If you need to reschedule, notify us by email at hello@ginkakostova.com and update your booking in Calendly at least 24 hours before your scheduled session. Where possible, we will reschedule the session within the same week to preserve your momentum. Cancellations made with less than 24 hours' notice, or missed sessions without notice, may be forfeited at our discretion and are not eligible for a refund or credit.

4.2 Rescheduling and Cancellations by Us

If we need to reschedule or cancel a session, we will notify you as soon as reasonably possible and offer the next available alternative time at no additional cost to you.

4.3 Program Duration

Programs consisting of a defined number of sessions (for example, an eight-session program) are designed to be completed within three months of the purchase date, reflecting the pacing needed for meaningful physiological change. Sessions not completed within this window are forfeited and will not be refunded or extended, except where the delay is due to circumstances on our end.

5. Fees, Payment, and Refunds

Program fees are set out at the time of purchase. Where an installment plan is selected, remaining installments will be charged automatically to the payment method on file at one-month intervals. If a charge fails, we will notify you so the payment can be made directly; remaining sessions will not be scheduled until payment is current.

5.1 General Refund Policy

Except as required by applicable law (see Section 5.2 below), fees paid for the Services are non-refundable once the program has begun, including in cases where you choose to discontinue participation, do not complete all sessions within the program period, or are dissatisfied with your results.

5.2 Right of Withdrawal for EU/EEA and UK Consumers

If you are a consumer located in the European Union, the European Economic Area, or the United Kingdom, you may have a statutory right to withdraw from a distance contract for services within 14 days of purchase, without giving a reason, under applicable consumer protection law (including the EU Consumer Rights Directive 2011/83/EU as implemented in your country of residence). This right can apply even though the Company is a US business, where the Services are marketed and offered to consumers resident in the EU/EEA/UK.

If you request that your program begin before this 14-day period ends, you expressly acknowledge and agree that:

●      You are requesting that the Services start immediately, before the withdrawal period expires;

●      If you subsequently withdraw, you will be liable to pay an amount proportionate to the Services already provided up to the point you inform us of your withdrawal, calculated against the total program price; and

●      You will lose your right of withdrawal entirely once the Services have been fully performed, if performance began with your express request and prior acknowledgment of this loss.

To exercise your withdrawal right, notify us in writing at hello@ginkakostova.com within the applicable period.

6. Communication Between Sessions

Between-session communication is available by email at hello@ginkakostova.com or WhatsApp at +359 887 711 816, within the scope and timeframe agreed for your program.

Please be aware that standard email and WhatsApp messaging are not fully encrypted, HIPAA-compliant, or GDPR-certified secure channels for transmitting sensitive health information, even though WhatsApp offers end-to-end encryption for message content. By choosing to communicate through these channels, you accept the inherent privacy and security limitations of doing so. If you would prefer a more secure method for sharing sensitive documents (such as lab results), ask us about alternative secure file-sharing options.

7. Client Responsibilities

To get the most from the Services, you agree to:

●      Provide complete, accurate, and honest information about your habits, medical history, mood, lifestyle, and diet, understanding that recommendations are only as effective as the information behind them;

●      Disclose any diagnosed medical conditions, medications, or treatments you are currently undergoing;

●      Not alter or discontinue any treatment prescribed by a licensed physician without that physician's guidance;

●      Attend scheduled sessions on time and come prepared;

●      Take full responsibility for decisions made about your own health, including the decision to implement or disregard any recommendation;

●      Seek immediate medical attention for any concerning or worsening symptoms rather than waiting for your next session.

8. Our Commitment to You

In turn, we commit to:

●      Arrive prepared, on time, and engaged for each session;

●      Research and, where appropriate, consult with other qualified professionals between sessions to support your care;

●      Listen attentively and without judgment;

●      Respond to reasonable questions and concerns between sessions within the timeframe agreed for your program;

●      Communicate proactively if we believe your needs fall outside our scope of practice, and refer you to an appropriate professional where needed.

9. Assumption of Risk and Release of Liability

You acknowledge that your participation in the Services is entirely voluntary and that you bear ultimate responsibility for your own healthcare decisions. To the fullest extent permitted by applicable law, you release Oshatex LLC., Ginka Kostova, and our respective officers, employees, and contractors from liability for any loss, injury, claim, or damage arising from or connected to your participation in the Services, except where such loss, injury, claim, or damage results from our gross negligence, willful misconduct, or fraud, or where such a release is not permitted under applicable law.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for death or personal injury caused by negligence, or liability that cannot be excluded under EU or Bulgarian consumer protection law.

10. Limitation of Liability

To the maximum extent permitted by applicable law, and except for the liabilities described in Section 9 that cannot be limited, our total aggregate liability to you arising out of or relating to the Services, whether in contract, tort, or otherwise, shall not exceed the total amount you paid to us for the Services in the twelve (12) months preceding the event giving rise to the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of income, loss of data, or loss of opportunity, even if we have been advised of the possibility of such damages.

11. Confidentiality and Data Protection

Information you share with us is treated as confidential. If, at any point, we believe it would benefit your care to consult with another health professional or mentor, we may share relevant health data or lab results with that person while protecting your identity; your name will not be disclosed in such consultations unless you have separately agreed otherwise.

We process your personal data, including health data, in accordance with our Privacy Policy and, where applicable, the EU General Data Protection Regulation (GDPR). This includes:

●      Processing your data only for the purposes of delivering the Services, on the legal bases of contract performance, explicit consent (for health data), and legitimate interest;

●      Retaining your data only as long as necessary for those purposes or as required by law;

●      Using service providers, including Kajabi, Calendly, and Google Workspace, to support delivery of the Services, each of which processes limited data on our behalf under its own data protection terms;

●      Honoring your rights to access, correct, delete, restrict, or receive a copy of your personal data, and to withdraw consent at any time, by contacting hello@ginkakostova.com;

●      Notifying you and, where required, the relevant supervisory authority in the event of a data breach affecting your personal data.

For clients located in the United States, we handle personal information in accordance with applicable state privacy laws. Full detail on data collection, use, and your rights is available in our Privacy Policy at https://www.ginkakostova.com/privacy-policy

12. Testimonials and Use of Client Stories

With your permission, we may reference your case, results, or testimonial (in anonymized or attributed form, as agreed with you) on our website, social media, or marketing materials. If you do not want your story used in this way, or wish to have an existing testimonial removed, notify us at hello@ginkakostova.com and we will remove it within a reasonable time.

13. Intellectual Property

All content on the Site and provided through the Services, including protocols, guides, workbooks, videos, graphics, and the Performance Energy Physiology and The Performance Advantage names and branding, is owned by or licensed to Oshatex LLC. and protected by copyright, trademark, and other intellectual property laws.

You may use materials provided to you for your own personal, non-commercial use. You may not copy, reproduce, distribute, resell, or create derivative works from our materials, or use our branding, without our prior written consent.

14. Website Use

If you use the Site without purchasing the Services, you agree to use it only for lawful purposes and not to:

●      Attempt to gain unauthorized access to the Site or any related systems;

●      Use automated tools to scrape or extract content from the Site;

●      Post or transmit unlawful, harmful, or infringing content through any interactive feature of the Site;

●      Misrepresent your identity or affiliation with us.

The Site may use cookies and similar technologies as described in our Cookie Policy / Privacy Policy. By continuing to use the Site, you consent to that use in accordance with applicable law.

15. Third-Party Links and Services

The Site or our communications may reference or link to third-party products, tools, or platforms (for example, supplement brands, lab providers, or software tools). We do not control and are not responsible for the content, policies, or practices of any third party. Any transaction or interaction you have with a third party is solely between you and that party.

16. Disclaimer of Warranties

The Services and the Site are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the results you will achieve, and we do not guarantee any specific health outcome. Individual results vary based on many factors outside our control, including your own consistency in implementing recommendations.

17. Force Majeure

We are not liable for any delay or failure to perform the Services resulting from causes beyond our reasonable control, including illness, natural disaster, internet or platform outages, or other events of force majeure. We will make reasonable efforts to notify you and reschedule affected sessions.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of South Carolina, USA, without regard to conflict-of-law principles, except that if you are a consumer habitually resident in an EU/EEA member state or the United Kingdom, you also benefit from any mandatory consumer protection provisions of your country of residence that cannot be excluded by agreement, and nothing in this Section limits those protections or your right to bring proceedings in the courts of your own country as permitted under applicable EU/UK law.

18.1 Informal Resolution First

Before filing any arbitration or claim, you agree to contact us at hello@ginkakostova.com and describe the dispute so we can attempt to resolve it informally, in good faith, for at least 30 days.

18.2 Binding Arbitration (US Clients and Any Client Not Subject to Mandatory EU/UK Consumer Protections)

If a dispute is not resolved informally, you and the Company agree that it will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.

●      The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect.

●      The arbitration will be seated in South Carolina, or, at the consumer-client's election, conducted by video conference or based on written submissions where permitted under the AAA Consumer Rules.

●      YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL and agree that any arbitration or claim will be brought only in an individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding.

●      The arbitrator's decision will be final and binding, subject only to very limited court review as provided by the Federal Arbitration Act.

●      Each party will bear its own attorneys' fees unless the arbitrator awards fees to the prevailing party as permitted by law or the AAA rules.

18.3 EU/EEA/UK Consumers

Where mandatory consumer protection law prevents enforcement of the arbitration agreement in Section 18.2 against you, that section will not apply to you, and disputes will instead be handled through the courts and protections available to you under the law of your country of residence. EU consumers may also access the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr for out-of-court resolution of disputes.

19. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services or legal requirements. The "Last Updated" date at the top of this page will reflect the most recent revision. Continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms. Material changes affecting active clients will be communicated by email.

20. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. These Terms, together with our Privacy Policy and any program-specific agreement you sign, constitute the entire agreement between you and us regarding the Services and supersede any prior agreements or understandings.

21. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, provided your rights under these Terms are not materially diminished.

22. Contact Us

Questions about these Terms, or requests relating to your data, can be sent to:

●      Email: hello@ginkakostova.com

●      WhatsApp: +359 887 711 816

●      Business Entity: Oshatex LLC, registered in South Carolina, USA —14 Windtree Ln, 29910 Bluffton, SC