PLEASE BE AWARE THAT THESE TERMS OF SERVICE LIMIT YOUR LIABILITY AND REQUIRE THAT YOU SUBMIT ANY AND ALL DISPUTES TO BINDING ARBITRATION.
Last updated: (27/06/2024)
Review all policiesIntroduction
Welcome to fitDEGREE! We provide services via a variety of technologies, including the fitDEGREE Websites and the fitDEGREE App. The technologies that make up the Service may change from time to time.
fitDEGREE provides the service to health Studios, studios, gyms and similar facilities (each, a “Studio”, also referred to as “it” or “its”) pursuant to a written agreement between fitDEGREE and each Studio (“Studio Agreement”). Each person who uses the Service is referred to as a “user” or “you” or “your”. Each Studio obtains access to the Service and the fitDEGREE Administrator Platform pursuant to these ToS. Individual users are provided access to the Services under a separate Terms of Service Agreement, which can be found below the ToS for Studio Owners. These ToS and the Privacy Notice apply to each Studio as defined above. Additionally, each Studio is subject to a Data Processing Agreement (DPA), which can be found here: fitdegree.com/data-processing-agreement
A Terms of Service (“ToS” or “Terms”) is a statement of rules and a contract between the provider and users which a user must agree to abide by in order to use a service. This ToS was created and prepared by fitDEGREE, LLC, a Delaware limited liability company (“fitDEGREE”, the “Company”, “us”, “we”, or “our”). Please read this ToS carefully before using, visiting www.fitdegree.com, visiting or using our mobile website, using any of our mobile applications, any other web-based platforms, and the fitDEGREE Administrator Platform (defined below) (collectively, the “Websites”), or downloading and using the fitDEGREE Mobile Application (the “fitDEGREE App”) (collectively, the Websites, fitDEGREE App and any and all services provided by fitDEGREE can be referred to as the “Services” or the “fitDEGREE Services”).
The fitDEGREE Administrator Platform means fitDEGREE Software hosted by fitDEGREE, operated by fitDEGREE on a “Software as a Service” (“SaaS”) basis, and accessed and used by each Studio and Studio’s Authorized Users (as defined below). The Administrator Platform is accessible online and through the fitDEGREE App for the Studio’s and/or Studio’s Authorized User input of user data, and to generate and receive data analytics and output.
Authorized User means each person who is authorized by the Studio to have administrative privileges on the fitDEGREE App and the Administrator Platform and who accesses or uses any Administrative Accounts (as defined below) of the Studio with fitDEGREE. An Authorized User may be an employee, contractor, consultant, or other agent of the Studio.
The administrative functionality of the Mobile Application and Administrator Platform is designed to be administered only by Authorized Users. fitDEGREE provides the Studio with three levels of accounts:
Admin: fitDEGREE provides the Studio with one or more account and login that grants full, unrestricted access to the Services for one or more specified Authorized Users (“Admin”).
Manager: At the Studio’s discretion, the Studio may assign other Authorized Users with an account and login that restricts access to certain aspects of the Services (“Manager”, together with the “Admin”, the “Administrative Account(s)”).
Team Member: At the Studio’s discretion, the Studio may assign other Authorized Users with an account and login that restricts access to certain aspects of the Services even further than the restrictions on a Manager.
By using or accessing the Services, you agree to this ToS, as updated from time to time by fitDEGREE. If fitDEGREE makes changes to the ToS, we will notify you of the change as described below under “Additional Terms”. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Websites and/or fitDEGREE App. Your continued use of the Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
fitDEGREE provides certain services and collects a variety of information about the users. As such, fitDEGREE may ask you to review and accept separate terms and conditions that apply to your use and interaction with the fitDEGREE Services. To the extent those supplemental terms and conditions conflict with this ToS, the supplemental terms and conditions govern with respect to your use of such fitDEGREE Services, to the extent they conflict.
If you violate the letter or spirit of this ToS, or otherwise create a risk or possible legal exposure to fitDEGREE, or for any other reason that fitDEGREE, in its sole discretion deems necessary, fitDEGREE can stop providing all or part of the Services to you. fitDEGREE will notify you by the email you provided in your registration for the Services or at the next time you attempt to access your account of any termination of Services.
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms, and any terms, policies, or guidelines referenced herein upon creating a user profile. These Terms apply to all Studios, studios, gyms and similar facilities, and others (“Studios”) who access or use the Services. By accessing or using the Services, you agree to be bound by these Terms.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU MUST EXIT THIS WEBSITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE INFORMATION AND THE SERVICES.
fitDEGREE hereby incorporates by reference any additional terms, conditions and privacy notices to this ToS as if set forth fully herein.
These ToS govern the Studio’s access to and use of the Service. By accessing or using the Service, the Studio agrees to be bound by these Terms as if these Terms were signed by the Studio in ink on a hard-copy agreement.
The Studio is invited to use and view the Services available on the fitDEGREE Websites and to use the fitDEGREE Mobile Application and/or any Services associated therewith. fitDEGREE has the ability to collect and store certain data provided by the Studio of the fitDEGREE App, Websites or any of the Services. The collection and storage of this data is subject to the terms enumerated in fitDEGREE’s Privacy Notice, which can be found below the ToS for End Users, which is incorporated in this ToS as if set forth at length herein.
Should the Studio encounter any bugs, glitches or other forms of troubleshooting related issues, please contact us by contacting support@fitdegree.com via email.
The remainder of this ToS is intended to act as a contract between fitDEGREE and all visitors, users, Studios, and others who access or use the Services. The terms, restrictions, disclaimers, and other legal notifications will affect the way the Studio uses our Services.
As a condition to the Studios’ right to access and use the Services, the Studio agrees to these Terms and to strictly observe the fitDEGREE Rules of User Conduct, incorporated into this ToS by reference, as may be modified from time to time.
Services are Not Intended for Children
The Studio warrants that each user who has access to and uses the Services is at least 16 years old
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CLUB. DO NOT RELY ON THE SERVICE, OR ANY CONTENT OR INFORMATION ON OR IN THE SERVICE. WE PROVIDE THE SERVICE AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF THE CLUB IS DISSATISFIED OR HARMED BY ANYTHING RELATED TO THE SERVICE, IT MAY STOP USING THE SERVICES AS FURTHER STATED IN THE TERMINATION PROVISION BELOW. TERMINATION IS ITS SOLE AND EXCLUSIVE REMEDY. WE NEITHER WARRANT NOR REPRESENT THAT USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICE, INCLUDING THE FITDEGREE WEBSITE OR APPLICATION, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. WE DO NOT GUARANTEE THAT THE SERVICES, OR ANY COMPUTER HOSTING THE SERVICES, ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL PARTICLES. UNDER NO CIRCUMSTANCES IS FITDEGREE RESPONSIBLE IN ANY WAY FOR THE INFORMATION POSTED ON THE SITE BY THIRD PARTIES NOT UNDER THE DIRECT CONTROL OF FITDEGREE. BY ACCESSING AND/OR USING THE SERVICES, THE CLUB EXPRESSLY AGREES TO ASSUME THE ENTIRE RISK AS TO THE QUALITY AND/OR PERFORMANCE OF THE SERVICES.
THE CLUB FURTHER AGREES TO ASSUME THE RISK TO THE ACCURACY AND QUALITY OF THE CONTENTS OF THE SERVICES.
THE CLUB AGREES AND UNDERSTANDS THAT IT IS FULLY AND COMPLETELY ASSUMING THE RISK AND IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY FILE WHEN USING THE CONTENTS OF THE SERVICES, ANY MATERIAL CONTAINED THEREIN AND/OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE STUDIO.
THE STUDIO AGREES AND UNDERSTANDS THAT UNDER NO CIRCUMSTANCES WILL FITDEGREE BE LIABLE FOR ANY LOSS OR DAMAGES RELATED TO THE STUDIO’S RELIANCE ON ANY INFORMATION CONTAINED IN OR RELATED TO THE SERVICES. THE STUDIO ASSUMES FULL RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SERVICES.
NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, OR DIRECTORS (“FITDEGREE AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, PAID BY THE STUDIO TO FITDEGREE DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.
NEITHER FITDEGREE NOR ANY FITDEGREE AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO THE STUDIO OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) THE STUDIO BASES ITS CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY), SHALL FITDEGREE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
FITDEGREE SHALL BE LIABLE FOR DATA PROTECTION LOSSES (HOWSOEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER OR IN CONNECTION WITH THIS POLICY:
ONLY TO THE EXTENT CAUSED BY THE PROCESSING OF PERSONAL DATA UNDER THIS POLICY AND DIRECTLY RESULTING FROM A BREACH OF IT;
IN NO CIRCUMSTANCES TO THE EXTENT THAT ANY DATA PROTECTION LOSSES (OR THE CIRCUMSTANCES GIVING RISE TO THEM) ARE CONTRIBUTED TO OR CAUSED BY ANY BREACH OF THIS POLICY BY THE USER.
FOR THE AVOIDANCE OF DOUBT, THE LIABILITY CAP AND LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS AGREEMENT APPLY SO AS TO LIMIT AND EXCLUDE THE LIABILITY OF FITDEGREE UNDER THIS CLAUSE.
THE STUDIO UNDERSTANDS AND AGREES THAT ITS SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USING THE SERVICES.
BY ACCESSING AND USING THE SERVICES THE STUDIO AGREES TO MAKE FITDEGREE, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND STRATEGIC PARTNERS WHOLE FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING FROM AND RELATED TO ITS USE OF THE SERVICES OR ANY VIOLATION OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS.
IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO THE STUDIO’S ACTIONS, CONTENT OR INFORMATION ON FITDEGREE, THE STUDIO WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATED TO SUCH CLAIM. FITDEGREE PROVIDES RULES OF CONDUCT; HOWEVER, FITDEGREE DOES NOT CONTROL OR DIRECT THE STUDIO’S ACTIONS ON THE WEBSITE OR RELATED TO THE SERVICES. FITDEGREE IS NOT RESPONSIBLE FOR THE CONTENT OR INFORMATION THE STUDIO TRANSMITS OR SHARES ON FITDEGREE.
FITDEGREE IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION THE STUDIO MAY ENCOUNTER ON OR RELATED TO THE SERVICES. FURTHERMORE, FITDEGREE IS NOT RESPONSIBLE FOR ANY CONDUCT OF ANY STUDIO OF FITDEGREE WHETHER ONLINE OR OFFLINE.
FITDEGREE DOES ITS BEST TO KEEP THE SERVICES BUG/VIRUS FREE AND SAFE. HOWEVER, THE STUDIO UNDERSTANDS THAT HE/SHE IS USING FITDEGREE AT THEIR OWN RISK.
fitDEGREE co-owns with Studio all of the content and information the Studio posts or creates on the Websites or through the fitDEGREE App or any of the Services provided by fitDEGREE. By visiting the fitDEGREE Websites and/or using the fitDEGREE App or any of the Services provided, the Studio agrees to allow fitDEGREE to use any information collected for fitDEGREE’s general business, promotional, advertising, or any other purpose which fitDEGREE deems appropriate.
Furthermore, by using the Services on fitDEGREE, the Studio specifically warrants that the information is not covered by intellectual property rights, or that if it is, the Studio specifically: grants fitDEGREE a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content that the Studio posts on or in connection with fitDEGREE, including the Intellectual Property License.
fitDEGREE claims a copyright in all proprietary and copyright text, graphics and computer code on the website, including, but not limited, to the design of the website and the location and arrangement of all materials on the website. fitDEGREE also claims a copyright in all proprietary and copyrightable text, graphics and computer code associated with the Services. This claim includes and extends to all information contained in the public domain of the Website and the fitDEGREE App. All logos, service marks, trademarks, trade names, and trade dress (whether registered or unregistered) that appear on the Website or Apps are proprietary to fitDEGREE and its owners.
Except as agreed to by the Parties in a “branded package” deal or similar, Studio is not permitted or authorized to modify, change or alter any of the material(s) on the Website or any App, nor is it permitted to incorporate any material(s) in whole or in part into another work. If the Parties have agreed to a “branded package” deal or similar then fitDEGREE will apply branding as directed by Studio, pursuant to fitDEGREE’s approval. The Studio is further prohibited from removing any copyright notices, trademarks, trademark notices, or any other proprietary notices. The use of any material(s) from the Service for a commercial purpose requires the express written permission of fitDEGREE. The Studio is welcome to request permission by email from fitDEGREE at support@fitdegree.com.
fitDEGREE respects the intellectual property rights of others and expects the Studios of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If the Studio believes that its Content has been copied in a way that constitutes copyright infringement, please review the DMCA to ensure the Studio’s compliance before it sends us any request to remove allegedly-infringing Content (“Takedown Notice”). Each Takedown Notice must be in English and include the following information:
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
Information reasonably sufficient to permit us to locate the material (e.g., a detailed uniform resource locator or “URL”).
The Studio’s contact information, including its postal address, telephone number, and an email address.
A statement by the Studio that it has a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate, and, under penalty of perjury, that the Studio is authorized to act on behalf of the copyright owner.
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
On our receipt of a Takedown Notice, we may publish the Takedown Notice, or provide a copy of the Takedown Notice to the Studio that uploaded or provided the Content. For any Takedown Notice that is subject to the provisions of the DMCA, the original provider of the Content may have the right to send a notice to us (“Counter Notice”) demanding that the Content be restored to the Service.
In compliance with the DMCA or other applicable law, we may implement any Takedown Notice by removing the accused Content or other material from public view on the Service, and we may implement any Counter Notice by restoring the accused Content or other material to public view on the Service.
Regardless of the DMCA or other applicable laws or regulations, we reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to the Studio or anyone else. In appropriate circumstances, fitDEGREE will also terminate a Studio’s account if we determine the Studio to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
fitDEGREE, LLC Attn: Copyright Agent 591 Mantua Blvd | Suite 201 Sewell, NJ 08080 U.S.A.
Email: support@fitdegree.com
The Studio agrees to comply with applicable data protection laws in accordance with these ToS. To the extent that any of the work, the delivery of any products, or the performance of any Services by fitDEGREE involve the exchange of Personal Data, as defined by the European Union’s General Data Protection Regulation (Regulation 2016/679) (hereinafter “GDPR”), the Studio agrees to notify fitDEGREE prior to the transfer of any such Personal Data. The Studio acknowledges and consents to the transfer and processing of any Personal Data by fitDEGREE within the United States. Further, the Studio acknowledges that, to the extent required under any applicable data protection laws, it shall enter into a Data Processing Agreement that will govern the processing and transfer of any Personal Data.
The Studio can control the privacy settings in its administrative profile. Other than certain private information provided to create a user profile (email address, password), the information provided is considered public.
To the extent that the Studio provides Personal Data on behalf of its clients and/or customers to fitDEGREE, the Studio acknowledges that the terms of this ToS will apply to the transfer of any such data. Further, the Studio is aware that each client and/or customer will be required to agree to a separate Terms of Service in order to access and use the Services.
fitDEGREE Safety & Account Registration/ Security
The Studio is responsible for safeguarding the password that it uses to access the Service and for any activities or actions under its username and password. Therefore, the Studio must not share or disclose its password with anyone. fitDEGREE recommends that the Studio should use a “strong” password for each account, e.g., a password that is not a dictionary term or other word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. The Studio acknowledges that passwords may be compromised no matter how strong the password. fitDEGREE is not liable to the Studio for any loss or damage arising from any third party accessing or using its account without its permission, regardless of how the third party accesses its account.
Please take precautions to protect the Studio’s username and password, and contact us at support@fitdegree.com if the Studio believes its account has been accessed by an unauthorized person or compromised in any fashion.
Protecting Other People's Rights
We respect other people's rights and expect the Studio to do the same. The Studio will not post content or take any action on fitDEGREE that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information the Studio posts on fitDEGREE if we believe, based solely on our judgment and within our sole and exclusive discretion, that it violates this Statement, our policies or the spirit of the fitDEGREE community.
If we remove the Studio’s content for any reason, and the Studio believes we removed it by mistake, it has the ability to appeal that decision by sending an email to support@fitdegree.com which explains why it believes that fitDEGREE should permit the content. It is within the sole and exclusive judgment of fitDEGREE whether the content is ultimately determined to be re-posted. If the Studio repeatedly infringe other people's legal rights, we reserve the right to disable its account.
Links to Third Party Resources
To the extent that fitDEGREE or any Studio provides resources that can be accessed with hypertext links from the Services that are not under the direct control of fitDEGREE, fitDEGREE is not responsible for the contents of those third party resources. These links are merely provided as a courtesy and convenience for our users, Studios and visitors. The use of a link on the Services does not imply any recommendation, approval or enforcement of third party resources or their business by fitDEGREE.
Subscription Plans / Terms for Clubs
fitDEGREE currently offers several payment tiers for the base product(each, a “Subscription Plan”) granting access to the Studio to use the Services, via the Administrator Platform. For more information regarding Subscription Plans, please visit the fitDEGREE website fitdegree.com/pricing. fitDEGREE may, in its sole discretion, add, adjust, or remove all or a portion of its Subscription Plans. The Studio hereby authorizes fitDEGREE to charge the Studio for the subscription fees upon the renewal of an applicable Subscription Plan period (“Recurring Charges”). The Studio’s payments for the subscription will be processed through a Third Party Merchant Service (i.e. Stripe) via Credit Card or ACH. Each Subscription Plan includes restrictions and requirements that outline the features of the Administrator Platform and Services a Studio may access, as well as the applicable subscription fee, and termination policies (the “Subscription Terms”). Any violation by the Studio of the Subscription Terms may result in the immediate termination of the Studio’s Subscription Plan and use of the Administrator Platform, as well as any other potential liability for violation of these ToS. fitDEGREE may, in its sole discretion, reject a Studio for any reason or no reason.
Subscription Fees
fitDEGREE may charge each Studio a subscription fee, which grants such Studio access to the Administrator Platform to utilize the Services and market itself on the Platform. The applicable subscription fees are as described on the Platform in certain subscription fee statements provided to each Studio, and correspond to the duration of the subscription period a Studio selects (the “Subscription Fees”). Subscription Fees are due at the beginning of each subscription period and are not refundable. Subscription Plans shall automatically renew upon the conclusion of a subscription period unless the Studio provides fitDEGREE with appropriate notice of cancellation. If fitDEGREE does not receive a Subscription Fee from a Studio when due, then fitDEGREE may consider the subscription terminated by the Studio for the Studio’s convenience. fitDEGREE may charge other expenses and/or fees upon notice to the Studio if and when such additional fees and expenses become applicable.
Changes, Cancellation or Termination of Subscriptions
A Studio may switch to a different Subscription Plan at any time during the subscription period in effect. The effective date of the new Subscription Plan will commence on the day immediately following the final day of the preceding subscription period. If a Studio wishes to cancel an existing Subscription in its entirety, the Studio may do so upon providing fitDEGREE with notice of the cancellation and before the effective date of the new subscription period. The canceled Subscription Plan shall terminate as of the final day of the subscription period in effect on the date of Studio’s notice of cancellation and the Studio will have access to the Administrator Platform for the remaining time of that final subscription period. Upon the effective date of a canceled Subscription, the Studio shall have no further access to the Administrator Platform.
fitDEGREE and the Studio agree that on the termination of the Subscription Plan, the Studio may request within sixty (60) days of termination that fitDEGREE returns all the Personal Data transferred and the copies thereof to the Studio or that fitDEGREE destroys all the Personal Data and certifies to the Studio that it has done so, unless legislation imposed upon fitDEGREE prevents fitDEGREE from returning or destroying all or part of the Personal Data transferred. In that case, fitDEGREE warrants that it will guarantee the confidentiality of the Personal Data transferred and will not actively process the Personal Data transferred anymore.
Additional Terms
Our rights: We reserve the right at all times (but will not have an obligation) to remove, or refuse to collect or distribute any Content on the Service, to suspend or terminate users, and to reclaim user names and change passwords without liability to the Studio. We also reserve the right to access, read, preserve, and disclose any data, information or other Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and the applicable Studio Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of fitDEGREE, its users, Studios and the public.
Entire Agreement: These Terms, together with the Privacy Notice, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between the Studio and us regarding the Service, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Notice.
Amendments to these Terms: We reserve the right to modify, supplement or replace these Terms, effective upon no less than thirty (30) days prior written notice to the email address we have for the Studio. If we have no email address for the Studio, then the modified Terms will take effect thirty (30) days after we post them on our website at www.fitdegree.com or our mobile application. The Studio’s use of the Service thirty (30) days after any such update or modification shall confirm its agreement to the modified version of the Terms. If the Studio does not want to agree to changes to the Terms, it may terminate its account with us, or otherwise terminate its use of the Service, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding its use of the Service. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
No Informal Waivers, Agreements or Representations: Any failure by any party to act with respect to a breach of these Terms by the Studio or others does not waive any right to act with respect to that breach or any subsequent breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by any party, fitDEGREE or its Affiliates shall be deemed legally binding on the other party or its Affiliates, unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms, and that an authorized officer of fitDEGREE has executed physically or electronically.
Assignment and Delegation: The Studio may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation by the Studio shall be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms, Studio Agreement and Privacy Notice, effective on sending a notice to the Studio at the email address we have for it, or if we have no email address for the Studio, by posting a notice of assignment on the Service’s website at.
Choice of Law/ Governing Law & Arbitration Clause
These Terms and any action related thereto will be governed by the law of the State of New Jersey, and the federal laws of the United States of America, without regard to or application of any conflict of laws provisions or principles. The Parties agree to be bound by all applicable laws. Any dispute between us or arising out of these Terms, their performance, or the Service shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. The language of the arbitration shall be English. To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction. Proceedings will be conducted on an individual basis. Neither the Studio, nor fitDEGREE may seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration
Severability
If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
How to Contact Us
If the Studio has any questions regarding this Terms of Service please contact us at the information provided below. We will keep a copy of the Studio’s message until we have had an opportunity to address its concerns. We may archive the Studio’s message for a certain period of time or discard it, but its email address will not be used for any other purpose.
fitDEGREE, LLC Attn: Law Department 591 Mantua Blvd | Suite 201 Sewell, NJ 08080 U.S.A.
Email: support@fitdegree.com
