TERMS & CONDITIONS
Overview
With these terms & conditions, you confirm that you have read and understood, and, as a condition to your use of the service, you agree to be bound by, the following terms and conditions, including Movement IQ privacy policy.
Service Overview
Movement IQ provides live and pre-recorded digital experiences involving movement, exercise, and music. There are inherent health risks to exercise, including the risk of injury. By accessing the service, you further acknowledge and agree that your performance of any and all exercises or activities recommended by the service is wholly at your own risk. Movement IQ, its employees, and its agents will not be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our classes or experiences.
While we may provide guidelines such as descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as the risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly, especially if you are new to any of the forms of training or activity you seek to perform.
We highly recommend you seek guidance from a medical doctor or other qualified health care practitioner if you are pregnant, have asthma, or have any preexisting injuries or conditions that may compromise your breathing, or that might otherwise interfere with recommended activities. You must discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to classes in such cases.
Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:
- (a) you are at least 18 years old;
- (b) you have not previously been suspended or removed from the Service; and
- (c) your registration and your use of the Service are in compliance with any and all applicable laws and regulations.
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Accounts and Registration
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address, phone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at info@movement-iq.com
Invite a Friend
Movement IQ may offer you the ability to send your friends an email requesting they join the Service (“Invite a Friend”). We reserve the right to impose limits on the number of friends you may invite at any one time. You hereby authorize us to facilitate the sending of emails or text messages on your behalf to the extent you wish to use Invite a Friend.
General Payment Terms
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable.
Price
Movement IQ reserves the right to determine pricing for the Service. Movement IQ will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Movement IQ may change the fees for any feature of the Service, including additional fees or charges, if Movement IQ gives you advance notice of changes before they apply. Movement IQ, at its sole discretion, may make promotional offers with different features and different pricing to any of Movement IQ’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Authorization
You authorize Movement IQ to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Movement IQ, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Movement IQ may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscription Service
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Movement IQ to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee,” please see our [URL to pricing page] page. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service on your profile page.
Credits
Movement IQ, in its sole discretion, may offer you the ability to purchase a license to our in-app virtual currency (“Credits”) that may be used to acquire access to classes or other content. However, while we may use terms like “buy” or “purchase” in reference to Credits, such terminology is merely for convenience and does not mean that Credits have any particular value. When you purchase Credits, you obtain a license to Credits, which operate as virtual currency solely within the Service, and Credits do not:
- (i) have an equivalent value in any currency;
- (ii) act as a substitute for currency; or
- (iii) earn interest.
If Movement IQ offers you the opportunity to acquire Credits, and you accept such offer, Movement IQ hereby grants you a non-exclusive, revocable, limited, non-transferable (except as expressly provided herein) right and license to use such Credits only in connection with the Service as permitted by us, subject to these Terms and your compliance with these Terms. Movement IQ will credit to your account any Credits acquired by you.
Ownership; Proprietary Rights
The Service is owned and operated by Movement IQ. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Movement IQ are protected by intellectual property and other laws. All Materials included in the Service are the property of Movement IQ or its third-party licensors. Except as expressly authorized by Movement IQ, you may not make use of the Materials. Movement IQ reserves all rights to the Materials not granted expressly in these Terms.
Linked Websites
The Service may contain links to third party websites. Linked websites are not under Movement IQ’s control, and Movement IQ is not responsible for their content.
User Content Generally
Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, status, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
Limited License Grant to Movement IQ
By providing User Content to or via the Service, you grant Movement IQ a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Limited License Grant to Other Users
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Movement IQ may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Movement IQ with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
Communications
Text Messaging
Movement IQ and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. You may opt out of receiving marketing text messages at any time by sending an email at info@movement-iq.com indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the texts, or by replying “STOP” or “END” from the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request. Operational text messages are essential to the Service. If you do not wish to receive operational text messages from us, do not use the Service. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
Push Notifications
When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
Prohibited Conduct
By using the Service, you agree not to:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.
Modification of these Terms
We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Disclaimers; No Warranties
The service and all materials and content available through the service are provided “as is” and on an “as available” basis. Movement IQ disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including:
- (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and
- (b) any warranty arising out of course of dealing, usage, or trade.
Movement IQ does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Movement IQ does not warrant that any of those issues will be corrected.
Limitation of Liability
To the fullest extent permitted by law, in no event will the Movement IQ entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Movement IQ entity has been informed of the possibility of damage.