MYFITPOD TERMS & CONDITIONS

INTRODUCTION

MyFitPod is an empowerment brand designed to help independent fitness professionals launch, grow and elevate their community and business.

Please take time to read our terms conditions and procedures which are also the terms and conditions of your business so together we can help you and your community grow.

MyFitPod’s terms and conditions (“Terms” ), which include our Ambassador Program, Referral Program, and other policies and terms incorporated by reference into these Terms, apply to all Users of MyFitPod and form a legally binding agreement between you and MyFitPod. Please read them carefully and let us know if you have questions. By using MyFitPod you also agree to our other policies, including our Privacy Policy, which talks about the use of personal information. In addition, you are subject to the terms and conditions of other parties whose devices and services you use to access the Platform or a Session. Please refer to the third parties terms and conditions as we are not liable to you for their services.

OVERVIEW OF YOUR ACCOUNT WITH MYFITPOD

In order to access the Platform or create an account with MyFitPod, you must be at least 13 years old. If you want to become a Fitness. Wellness/ PodPro, or view/join a Session as an Attendee/ Podder, you must be at least 18 years old or have your parent or guardian’s express permission. Please be sure your parent or legal guardian has reviewed and discussed these Terms and Conditions with you. You are responsible for providing us with accurate information when creating an account with us on our Platform.

You are also responsible for the security of your account and anything that occurs when someone has signed into your account. Please contact us at support@MyFitPod.com if you believe your account has been compromised.

Sessions on the MyFitPod website are optimized for laptops and PC browsers. To get MyFitPod anytime, you can also join Sessions on certain tablets and mobile devices, as well as schedule, (as a Fitness-Wellness-Coach / “PodPro”) view, and book Sessions (as an Attendee/ Podder) on any mobile device. Through you can reserve and attend Sessions for, and view VODs of, Fitness-Wellness-Coach / “PodPro” with whom you have a Subscription.

The access to or use of certain areas and features of the Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions before you can access or use the relevant areas or features of the Platform. If there is a conflict between these Terms and the terms or policies applicable to a specific area or feature of the Platform, the latter terms or policies will take precedence unless stated otherwise.

COMMUNITY GUIDELINES

Above all, we want MyFitPod to be a place where our Users feel safe and supported.

We do not tolerate objectionable content or abusive Users on the Platform. MyFitPod reserves the right to remove or disable access to content or an Account for any reason, including violations of the Community Guidelines above. In most situations, we strive to work with Users to resolve any potential issues or violations and allow the User to continue to use MyFitPod. Terminating an Account is not an action we take lightly. However, we reserve the right to do so in our sole discretion.

If you have an account with MyFitPod or participate in Session (whether Fitness-Wellness-Coach / “PodPro” or Attendee/ “Podder”), you are part of MyFitPod’s community. We hope that you will contribute to and benefit from MyFitPod’s community, and we have created these Community Guidelines to shape and guide the community as it grows.

Your access to and use of the Platform is subject to these Terms and Community Guidelines, as well as all applicable laws and regulations in the jurisdiction where you are accessing the Platform.

We rely on you to report content that you find inappropriate or objectionable. Reporting content is anonymous, so other Users can’t tell who initiated it. These Terms apply to Session and any other content on MyFitPod, including messages you may send or receive.

You can report any other User or their content, including messages. Reported Users and content are reviewed by the MyFitPod team. You can report to support@MyFitPod.com

If we, in our sole discretion, determine that any action, Account and/or User Content (as defined below) are in violation of our policies, we will take action (ranging from a warning to permanently suspending the account and/or ending the Session/deleting/removing any associated content). The User whose content is acted upon will receive an email from us when we take action on the reported Account and/or videos, so that they can contact us with any relevant information that they think we have not considered. However, the final decision is always subject to our sole discretion.

PROFESSIONAL/ PodPro ACCOUNT

MyFitPod allows Fitness-Wellness-Coach / “PodPro” to schedule and stream Live Session at a scheduled time, as well as create and/or post videos of Session for future viewing by certain Attendee/ “Podders” (“Video(s) On Demand”, or “VOD(s)”). Fitness-Wellness-Coach / “PodPro” can interact with Attendee/ “Podders” during Session when they are streaming, or through direct messaging. MyFitPod also works with Stripe, a well-established payments processor, to allow Fitness-Wellness-Coach / “PodPro” to receive fees for their Session (or packages of Session), or for recurring subscriptions, which, when purchased, allow an Attendee/ Podder to attend an unlimited number of paid Session and/or view full VODs for a single Fitness-Wellness-Coach / “PodPro” from the time that the subscription is activated until it is Cancelled (“Subscriptions” or a “Subscription”). Subscriptions auto-renew at the designated interval (e.g. weekly or monthly) until canceled and can be canceled at any time without any further obligation by the Attendee/ Podder beyond the current billing period. If a Fitness-Wellness-Coach / “PodPro” changes the price of their Subscription, Attendee/ “Podders” are given a window to cancel their Subscription without being charged the new price. Subscriptions that activate immediately are non-refundable for the current billing period once purchased. Subscriptions that activate at the beginning of the next billing period are only refundable for MyFitPod Credits, if canceled before the date of activation.

MyFitPod also gives Fitness-Wellness-Coach / “PodPro” the ability to activate Pod Mate Pod Squad Functionality, Host Online Workout Parties, Access the MyFitPod Academy, and build their own branded website.

FEES

Launch Plan: 8% of each successful purchase by an Attendee/ Podder, either for a Fitness-Wellness-Coach / “PodPro” Session. This fee goes to MyFitPod and helps us continue to maintain and invest in the Platform.
Grow Plan: Coming Soon
Elevate Plan: Coming Soon
Academy Content: Academy Content may be unlocked to you at no charge and other elements of the academy are available for an additional fee.
Payment processing fee: 2.9% plus $0.30 per transaction (in U.S. Dollars). Please note that our payment processor, Stripe, may charge an additional 1-2% in payment processing fees for non-US Attendee/ “Podders” of your Session.

Platform fees and payment processing fees are automatically deducted from the Fitness-Wellness-Coach / “PodPro” Platform income. For all Subscriptions, Session Fees are charged at the full price of the Subscription.

Depending on the location of the Attendee/ “Podders” in your Session, there may be additional charges or fees, such as local taxes, for them. MyFitPod does not control these charges.

In connection with your use of the Platform, you will not and will not assist or enable others to actively promote or request payment for a Session in a way that circumvents the Platform’s Session Fees. If you do so, you acknowledge and agree that you would be in breach of these Terms, accept all risk and responsibility for such payment, and hold MyFitPod harmless from any liability for such payment.

Fitness-Wellness-Coach / “PodPro” CANCELLATIONS

If a Fitness-Wellness-Coach / “PodPro” cancels a Session before it starts or ends a Session before its reasonable completion time, the amount already paid will be reversed from the Fitness-Wellness-Coach / “PodPro” account and returned as credits to each Attendee/ Podder in the form of a credit (“MyFitPod Credits”). MyFitPod Credits can be used with any Fitness-Wellness-Coach / “PodPro” on the Platform. MyFitPod issues MyFitPod Credits by default to resolve customer service issues. If a User would like to instead request a refund, they can contact support@MyFitPod.com. MyFitPod reserves the right to approve or deny User refund requests at its sole discretion, as well as the right to terminate a Fitness-Wellness-Coach / “PodPro” account for excessive cancellations of Session. However, we, unfortunately, cannot be responsible or liable for your loss of internet access or connection. In the case of an Attendee/ Podder using a Session Package for a Session that is canceled by the Fitness-Wellness-Coach / “PodPro”, the Attendee/ Podder will receive an additional pass back to the Session Package they used, with the same validity and expiration date as the original pass used.

If a Fitness-Wellness-Coach / “PodPro” does not show up for a Session within 5 minutes of the scheduled start time, it is treated as a cancellation of a Session, and the amount paid by Attendee/ “Podders” will be reversed from the Fitness-Wellness-Coach / “PodPro” account and returned as MyFitPod Credits to each Attendee/ Podder who paid. Fitness-Wellness-Coach / “PodPro” must start a Session by clicking “Start Session” within 15 minutes from the Session’s scheduled start time in order to activate payments for any paid Session.

RESTRICTIONS

We don’t allow any Session or content that violate the Terms. If MyFitPod cancels a Fitness-Wellness-Coach / “PodPro” Session for violation of the Terms, Attendee/ “Podders” will be given MyFitPod Credits for their full payment amount for the Session, and the Fitness-Wellness-Coach / “PodPro” will not be refunded their Session Fees.

In addition to the Usage Restrictions/Community Guidelines above, there are limits to what is allowed in Session or any communications via the Platform:

You cannot organize or advertise a multi-level marketing scheme, or direct sales business through the Platform;
You cannot organize or promote a raffle through the Platform;
You cannot promote or sell anything relating to consumables, alcohol, smoking substances, weapons or explosives, fireworks or anything related, drugs, pornography, medications, supplements, books that claim to help disease, or access to betting or gambling products or services through the Platform;
You cannot offer any financial advice, medical advice, or any other licensed advice unless you are a licensed provider;
We do not allow nudity or see-through clothing on the Platform or in any Session;
A session that includes anything illegal (child abuse, human or animal abuse etc.) is not allowed.

This list is not exhaustive and is subject to change at any time in the future or otherwise as technologies evolve. If you have doubts about aspects of your Session, please contact us.

We proactively look at some Session, Session descriptions, and profile pages on MyFitPod to make sure Fitness-Wellness-Coach / “PodPro” follow our Terms. We also investigate reports of potential violations. These investigations may take a while to resolve. In most situations, we will work with Fitness-Wellness-Coach / “PodPro” to resolve any potential violations and allow the Fitness-Wellness-Coach / “PodPro” to continue to use MyFitPod. Terminating a Fitness-Wellness-Coach / “PodPro” account is not an action we take lightly. However, we reserve the right to do so in our sole discretion.

Your Account cannot be sold or transferred for use by another Fitness-Wellness-Coach / “PodPro”.

ATTENDEE / PODDER CANCELLATIONS

If an Attendee/ Podder registers for a Session, they have the option to cancel their registration up until 12 hours prior to the start time of the Session with no penalty. If an Attendee/ Podder successfully cancels their registration, the amount paid will be reversed from the Fitness-Wellness-Coach / “PodPro” account and returned as MyFitPod Credits, which can be used with any Fitness-Wellness-Coach / “PodPro” on the Platform. All MyFitPod Credits expire 180 days from the date of award. Our default policy is to issue MyFitPod Credits to Users for cancellations. If a User would rather request a refund, they can do so by contacting support@MyFitPod.com. MyFitPod reserves the right to approve or deny a User’s refund requests at its sole discretion.

Attendee/ “Podders” can join a live Session at any time before the end of the Session, including after the Session has started. If an Attendee/ Podder fails to show up for a Session (a “no-show”), shows up significantly late or ends significantly early – the amount paid by that Attendee/ Podder will be forfeited to the Fitness-Wellness-Coach / “PodPro” whose Session the Attendee/ Podder was supposed to attend. There will be no MyFitPod Credits awarded in these situations.

CREDITS AND REFUNDS

We hope you like every Session on MyFitPod. However, if you are unsatisfied with a given Session and let us know about it, MyFitPod will investigate in a timely manner. If the complaint is deemed warranted, you will receive MyFitPod Credits. If you would rather request a refund, please contact support@MyFitPod.com. MyFitPod reserves the right to approve or deny User refund requests at its sole discretion. If an Attendee/ Podder violates these Terms and is removed from a Session before it ends, they will not receive MyFitPod Credits for the unfinished Session. These situations will be handled on a case-by-case basis. We unfortunately cannot be responsible or liable for your loss of internet access or connection and will not give MyFitPod Credits or refunds in these cases.

MyFitPod Credits can be used to pay for Subscription payments. If you use MyFitPod Credits to pay for a new Subscription, there will still be a small, temporary payment on your credit, which will allow us to authorize future recurring payments of the Subscription.

If you wish to cancel a Subscription, you can do so by accessing your Subscriptions on your profile and canceling the one you wish to cancel. If you cancel a Subscription with a Fitness-Wellness-Coach / “PodPro” you will be charged through the end of the current billing period. You will not be charged for any further periods, and you will be able to attend Session and view VODs with that Fitness-Wellness-Coach / “PodPro” through the end of that period. Subscriptions are not refundable. If you cancel a monthly Subscription before it is scheduled to activate (such as at the beginning of the next calendar month), you will receive back the amount of your Subscription in MyFitPod Credits.

If you decide to cancel a booking that you made using a pass from a Session Package you will receive an additional pass added back to your Session Package.

TAXES FEES AND INCREASES

MyFitPod is not responsible for any taxes you may incur by using the Platform other than as expressly stated. Fitness-Wellness-Coach / “PodPro” are responsible for reporting, filing, and paying their own taxes for income derived from the Platform. We do not withhold any taxes from your funds earned on MyFitPod, nor do we give advice on filing taxes.

Depending on your location, you may be subject to relevant taxes in your jurisdiction on top of your total Session charge or Subscription fee. Some banks may also charge you an additional transaction fee for your Session charge or Subscription fee. MyFitPod does not control these charges. Please contact your bank for more information.

We reserve the right to adjust MyFitPod Fees and transaction fees at any time. If we ever need to change MyFitPod Fees or transaction fees, we will let you know in an email or on the MyFitPod website.

COMMUNICATION

Once you sign up for an Account with an email address, MyFitPod will send you emails regarding confirmation of your Session, confirmation of your Account, or other emails that are transactional in nature.

ACCOUNT DELETION

If you want your Account deleted, please contact us at support@MyFitPod.com and we will guide you through the process. Once your Account is deleted, you can’t retrieve any of the Content you added, and your MyFitPodProfile will be removed from the Platform.

THIRD-PARTY ACCOUNTS

You may grant MyFitPod access to your third-party accounts, including Facebook Products, in order for some features to operate. Each time you connect your third-party account, that third party will present a page that describes the information that MyFitPod can access. You can revoke MyFitPod’s access to those accounts using the third party’s security settings page.

If you are accessing or using the Platform on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you must be an authorized representative of the business or entity, (c) you agree to these Terms and Conditions on the entity’s behalf, (d) your business or entity is legally and financially responsible for your access or use of the Platform as well as for the access or use of your Account by others affiliated with your entity, and (e) you and your entity are not on any trade or economic sanctions lists, such as designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department).

GRANT OF CONTENT LICENSE- MYFIT POD CONTENT

The MyFitPod logo and other copyrights and trademarks can be used to promote your session on the platform, but not for anything else without MyFitPod’s permission.

All Platform creations, the “look and feel” of the Platform, and all related intellectual property rights (the “MyFitPod Content”), are either owned or licensed by MyFitPod and are protected by copyright, trademark, and trade secret laws. Use of MyFitPod Content or materials on the Platform for any purpose not expressly permitted by these Terms and Conditions is prohibited. We grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to use the MyFitPod logo and other copyrights and trademarks to promote your Session. MyFitPod Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever unless we give you written permission (such as for Fitness-Wellness-Coach / “PodPro” below).

You acknowledge and agree that when you view content provided by others on the Platform, you are doing so at your own risk.

We make no representations, warranties or guarantees, whether express or implied, that any MyFitPod Content (or User Content) is accurate, complete or up to date. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any Content posted by you and other Users on the Platform (including User Content).

Fitness-Wellness-Coach / “PodPro” CONTENT

USER CONTENT

Users of the Platform may be permitted to upload, post or transmit or otherwise make available content through the Platform including, without limitation, any text, photographs, User videos or links to videos hosted on a third-party hosting site, sound recordings, and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content” and collectively with the MyFitPod Content and Fitness-Wellness-Coach / “PodPro” Content, the “Content”).

You or the owner of your User Content still keep full ownership of the User Content sent to us, but by submitting User Content via the Platform, or embedding it on MyFitPod through a third party hosting site, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other Users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. MyFitPod reserves the right to feature your profile or likeness on its website or for promotional purposes.

Any User Content will be considered non-confidential and non-proprietary. Attendee/ “Podders” may not use any part of a Session or any User Content created by Fitness-Wellness-Coach / “PodPro” in any way not authorized by the Fitness-Wellness-Coach / “PodPro”.

You further grant us a non-exclusive, fully transferable, perpetual royalty-free license to use your user name/ alias, image, voice, and likeness to identify you as the source of any of your Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.

By posting User Content on the Platform, you waive any rights to prior inspection or approval of any marketing or promotional materials related to your User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with any portion of your User Content.

We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy

We reserve the right to cut, crop, edit or refuse to publish your content at our sole discretion. We have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms and Conditions, or (ii) in response to complaints from other Users or third parties, with or without notice and without any liability to you. If you are a Fitness. Wellness/ PodPro, please keep your recorded Session or User Content if you wish to have permanent access to them.

We make no representations about the accuracy, integrity, appropriateness, or quality of any Content and accordingly accept no liability for any Content.

If you wish to complain about information and materials uploaded by other Users, please contact us at: support@MyFitPod.com

The rights granted by you for streaming live and pre-recorded Content terminate once you delete such User Content from the Platform, or generally by closing your account, except if (i) MyFitPod used it for promotional purposes, and (ii) for a reasonable time it takes to remove from backup and other systems.

PAYMENT PROCESSING SERVICES

Summary: We use Stripe as our payment processor. By agreeing to these Terms, you agree to Stripe’s terms below (including in the links).

Payment processing services on MyFitPod are currently provided by Stripe (“Stripe Processing Services”). Stripe Processing Services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, or by continuing to use the Platform including your account on MyFitPod, you agree to be bound by the Stripe Services Agreement, as the same may be modified from time to time by Stripe. As a condition of MyFitPod enabling payment processing services through Stripe, you agree to provide MyFitPod with accurate and complete information about you and your business, and you authorize MyFitPod to share it and transaction information related to your use of the payment processing services provided by Stripe.

INDEMNITY

Summary: If we are sued because of your use of or conduct on MyFitPod, you have to pay for it.

You agree to defend, indemnify, and hold harmless MyFitPod, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your Account of these Terms and Conditions or arising out of a breach of your obligations, representations and warranties under these Terms and Conditions.

WARRANTY DISCLAIMER

Summary: We do our best to make sure MyFitPod works as it should, but sometimes things happen.

MyFitPod is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates, and third-party service Fitness-Wellness-Coach / “PodPro”.

LIMITATION OF LIABILITY

Summary: If you lose money from using MyFitPod, any payment to you is limited to the amount of money we have earned through your use of MyFitPod.

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of MyFitPod. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of MyFitPod. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

ARBITRATION AND DISPUTE RESOLUTION

Summary: If you have an issue please contact us at support@MyFitPod.com – if a dispute does arise, you are limited in how you can resolve it. You waive your right to trial by jury and your right to participate in a Session action proceeding.

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of the Platform, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures, except as expressly provided below. Judgment on the arbitration may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No Session arbitrations or other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a Session action or representative proceeding; we are also waiving these rights.

For Fitness-Wellness-Coach / “PodPro” and Attendee/ “Podders” who are consumers, we also follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for consumer arbitrations done under these terms. For the purpose of arbitration subject to the consumer standards, if any portion of these terms does not follow that standard, that portion is severed from these terms.

This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with MyFitPod.

MYFITPOD WAIVER

Summary: You are aware of the risks of exercising and participating in, or instructing, Session. Please check with a healthcare professional to ensure you are healthy enough to be in a Session. These Session are not medical advice. You hold MyFitPod harmless for any issue that may arise from your use of MyFitPod or participation in Session. We are also not responsible for Session held outside of our Platform.

YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE SESSION YOU MAY REGISTER FOR, ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING MYFITPOD (AS EITHER AN ATTENDEE/ PODDER OR A FITNESS. WELLNESS/ PodPro), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.

YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING MYFITPOD (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN, INSTRUCTING, OR USING A SESSION) AND TO DETERMINE IF AND HOW USING MYFITPOD IS APPROPRIATE FOR YOU. DO NOT USE SESSION IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

YOU ALSO UNDERSTAND AND AGREE THAT THE PLATFORM OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING ON THE PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE PLATFORM AND/OR A SESSION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL. THE USE OF ANY CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH MYFITPOD IS SOLELY AT YOUR OWN RISK.

MYFITPOD MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS AS TO OUR WEBSITE’S ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH MYFITPOD’S WEBSITE AND/OR A SESSION WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.

THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS MYFITPOD, ITS AFFILIATED ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE PLATFORM AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND OR/USE OF ANY SESSION (INCLUDING THOSE HELD OUTSIDE OF MYFITPOD), INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.

REFERRAL PROGRAM TERMS AND CONDITIONS

Coming Soon

AMBASSADOR TERMS AND CONDITIONS

Coming Soon

SUGGESTIONS AND FEEDBACK

Summary: If you submit ideas to us, we don’t have to compensate you for them if we use them.

By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to MyFitPod or its employees, you acknowledge and agree that MyFitPod shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

GOVERNING LAW

Summary: Any disputes with us must be resolved in the State of New Jersey under New Jersey law.

These Terms and Conditions and all other MyFitPod policies are governed by the laws of the State of New Jersey, excluding its conflict of laws provisions. If a lawsuit does arise, both you and MyFitPod agree that all claims and disputes regarding the Terms and Conditions or the use of the Platform will be litigated exclusively in the State of New Jersey. If that court lacks original jurisdiction, then claims and disputes arising out of or relating to the Terms and Conditions will be litigated exclusively in the Superior Court of New Jersey, County of Mercer.

NOTICE TO NEW JERSEY USERS

Notwithstanding any terms set forth in these Terms of Use, if any of the provisions set forth in considering Warranty Disclaimer; Limitation on Liability, Legal Disputes and Arbitration Agreement and Indemnity are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Use shall remain binding on you and MyFitPod. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Use, nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

NOTICE TO CALIFORNIA USERS

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: We are located at 149 New Montgomery Street, San Francisco, CA 94105. If a user has a question or complaint regarding the Service, please send an email to support@MyFitPod.com California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

INTERNATIONAL USERS

The Service is controlled and operated by MyFitPod from its offices in the United States. We do not make any representations that the Service or any Materials are available or appropriate for use in your location. You agree to comply with all local rules applicable to you regarding user conduct on the Internet and acceptable content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

ENTIRE AGREEMENT AND SEVERABILITY

These Terms and any referenced policies in the Terms are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

CHANGES TO TERMS AND CONDITIONS

We amend these Terms and Conditions and other policies from time to time. We will use commercially reasonable efforts to notify you of any material changes to these Terms and Conditions, such as through a notice on our Platform; however, you should read these Terms and Conditions regardless. We will also update the “Last Updated” date at the top of these Terms and Conditions when they are updated. If you continue to use the Platform after the date of the new Terms and Conditions, this means that you accept the new Terms and Conditions.

CONTACT INFORMATION

If you have any questions please reach out to us. You can reach us at support@MyFitPod.com.