Policies
Fulfillment & Policies
Welcome to Pilates Body Raven! We strive to provide you with high-quality programs and services to help you reach your fitness and wellness goals. Please review our policies below to ensure clarity regarding purchases, memberships, and communication.
Returns and Refunds
Virtual Programs and Memberships: All purchases of virtual programs and memberships are final. We do not offer refunds, returns, or exchanges for any digital content or memberships. If you have any questions prior to purchase, please contact us at [email protected].
Membership Cancellations
You can cancel your membership at any time through your Account Settings. If you need assistance, please email us at [email protected] for support.
Payment Information
All payments are processed in USD. Please verify your payment method and currency exchange rates with your financial institution, if applicable.
Questions or Concerns
We are here to help! For any inquiries, please reach out to our team at [email protected], and we will get back to you as soon as possible.Thank you for choosing Pilates Body Raven. We’re excited to support you on your journey to feeling strong, confident, and empowered!
Privacy Policy for Raven Ross
Effective Date: June 2025
This Privacy Policy describes PilatesBody Studios LLC policies regarding the collection, use, and disclosure of information about you in connection with your use of our services, including those offered through our websites (www.pilatesbodyraven.com), communications (e.g., emails, phone calls, newsletters and texts), and mobile applications (collectively, the “Service”).
When you use the Service, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.
Personal Information We Collect
We collect Personal Information to facilitate your use of our products and services. “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include de-identified or aggregate information, or public information lawfully available from governmental records.
The categories of Personal Information we have collected in the last 12 months preceding the date of this Privacy Policy and the categories of Personal Information we have disclosed for business purposes are described below. We will continue to collect the same categories of Personal Information and share them with the same categories of third parties for the same purposes.
Personal Information That We Collect Directly from You
In the past 12 months, we may have collected the following categories of Personal Information from you:
- Personal Identifiers, including your name, physical address, email address, phone number, account number, account password, IP address or mobile ad identifier, or another unique identifier
- Characteristics of protected classes, such as your age for eligibility and age-gating purposes
- Commercial and financial information, such as subscription status, products purchased, returned, or considered; participation in fitness programs or events; transaction history; payment information processed through Stripe; requests for information that you submit to our online help center
- Internet or other electronic network activity information, such as browsing history, search history, information regarding your interaction with our website and mobile application, and data about when you downloaded or accessed our programming
- Fitness information, such as fitness tracking data, workout performance metrics, and health-related information you choose to share
- Audio, electronic, visual, thermal, olfactory, or similar information, such as photos or videos you upload for challenges, form submissions, or profile pictures
- Professional or employment-related information, if you choose to share such information in your profile or communications
- Education information, if you choose to share such information in your profile or communications
- Inferences drawn from other personal information, such as preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
Personal Information We Collect Automatically
When you have interacted with our Services in the last 12 months, we or our service providers may have collected, through automated technologies, the following categories of Personal Information:
- Personal identifiers such as your IP address, mobile ad identifier, device ID
- Internet or other electronic network activity information, including browser type, operating system, search history on our Site, information regarding your device ID, the version of the app you are using, your experience on our website and mobile application (e.g., how much time you spend on pages, which links you click, what you like and don’t like), session duration, app usage patterns, interactions with the interface, engagement metrics, error logs, and additional information regarding your interaction with our website or mobile application
- Geolocation information, such as when you ask us to tell you about nearby fitness facilities, events, or services, or when location services are enabled on your device
- Analytics data collected via tools provided by Apple App Store Connect, Google Play Console, and other analytics platforms including user engagement, crash reports, and usage trends
Personal Information We Collect from Third Parties
We may also collect Personal Information about you from third parties, including:
- Service providers such as Arketa (our app framework provider), Stripe (payment processor), Vyten (app developers) and other technology vendors
- Social media platforms if you choose to connect your social media accounts to our Service
- Marketing partners who help us reach potential users (subject to their privacy policies)
- Data analytics providers who help us understand user behavior and improve our services
How We Use the Information We Collect
The Personal Information we collect and the practices described above are done in an effort to provide you with the best experience possible, protect you from risks related to improper use and fraud, and help us maintain and improve our offerings. We may use your Personal Information to:
- Provide you with our services. We use your Personal Information to provide you with our Services pursuant to the terms of our Terms of Use and other agreements.
- Process transactions and manage subscriptions. We use your Personal Information to process payments through Stripe, manage your subscription status, handle billing inquiries, and provide transaction confirmations.
- Comply with legal and regulatory requirements. We process your Personal Information as required by applicable laws and regulations.
- Protect the security and integrity of our services. We use your Personal Information to prevent and identify fraud, security threats, and other illegal activity, including monitoring for suspicious account activity and unauthorized access attempts.
- Provide you with customer support. We process your Personal Information anytime that you reach out to our Customer Support team with issues arising from your account, technical problems, or service inquiries.
- Optimize and enhance our products and services. We use your Personal Information to understand how our products and services are being used to help us improve our services and develop new features, fix bugs, optimize user experiences, and conduct research and development activities.
- Personalize your experience. We use your Personal Information to customize content, recommendations, and features based on your preferences, fitness goals, and usage patterns.
- Market our products to you. We may contact you with information about our products, services, promotions, events, and special offers. We will only do so with your permission, which can be revoked at any time.
- Facilitate community features. If our Service includes community features, challenges, or social aspects, we may use your Personal Information to enable these features and facilitate interactions with other users.
- Conduct analytics and research. We may use your Personal Information to conduct statistical analysis, research, and reporting to better understand our user base and improve our services.
- Enforce our agreements. We may use your Personal Information to enforce our Terms of Use, this Privacy Policy, and other agreements.
- Respond to legal requests. We may use your Personal Information to respond to legal processes, government requests, and to protect our rights and the rights of others.
- Other business purposes. We may use your information for additional purposes if that purpose is disclosed to you before we collect the information or if we obtain your consent.
How We Share the Information We Collect
In the 12 months prior to the date of this Privacy Policy, we may have shared the following categories of Personal Information with the categories of third parties described below, and we may continue to do so:
Service Providers
We may share Personal Information with service providers so that they can provide us with services, including:
- Arketa (our app framework provider) for app functionality, user management, and technical infrastructure
- Stripe for payment processing, subscription management, and financial transaction services
- Apple App Store Connect and Google Play Console for app analytics, crash reporting, and distribution services
- Cloud storage providers for data hosting and backup services
- Email service providers for sending transactional and marketing communications
- Customer support platforms for managing user inquiries and support tickets
- Analytics providers for understanding user behavior and app performance
- Marketing and advertising platforms for promoting our services (with your consent)
- Security service providers for fraud detection and prevention, security monitoring, and threat assessment
- Data processing and infrastructure providers for network infrastructure, storage, and transaction monitoring
We share your Personal Information with these service providers so that they can provide us with services as specified in our contracts with them, and we prohibit our service providers from using or disclosing your Personal Information for any other purpose.
More specifically, we may use analytics tools provided by Apple and Google to collect information regarding user behavior and demographics in our mobile application. You may be able to opt out of certain analytics collection through your device settings or by contacting us directly.
Professional Advisors
We may share your Personal Information with our professional advisors, including legal, accounting, tax, compliance, or other consulting services for purposes of audits, legal compliance, business operations, or to comply with our legal obligations.
Legal and Regulatory Compliance
Additionally, We may share your Personal Information as required or permitted by law to:
- Comply with a subpoena, court order, or similar legal process or government request
- Respond to lawful requests from public authorities, including to meet national security or law enforcement requirements
- Protect and defend our rights and property or the rights, property, or safety of others
- Investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our Terms of Use, or threats to the security of our Service
- Comply with applicable laws, regulations, or industry standards
With Your Consent
We may share your Personal Information with third parties when we have your explicit consent to do so, such as when you choose to connect your account to social media platforms or participate in partner programs.
PLEASE NOTE THAT WE DO NOT SELL YOUR PERSONAL INFORMATION.
Cookies and Tracking Technologies
When you access our services, we may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, web beacons, or other tracking tools (herein, “Cookies”) on your computer or other devices used to visit or use our Service. We use Cookies to:
- Help us recognize you as a user and remember your preferences
- Collect information about your use of our services to better customize our services and content for you
- Collect information about your computer or other access devices to assess and improve our services and advertising campaigns
- Enable certain features and functionality of our Service
- Analyze usage patterns and improve user experience
- Provide personalized content and recommendations
- Measure the effectiveness of our marketing campaigns
Most browsers allow you to block and delete Cookies through your browser settings. You can also manage cookie preferences through your device settings for mobile applications. Please note that if you reject some types of cookies, you may not be able to use some features of our Service.
For mobile applications, we may use similar technologies such as software development kits (SDKs) and mobile advertising identifiers to collect information about your use of our app.
Information for California Residents
The California Consumer Privacy Act of 2018 (the “CCPA”) grants California residents certain rights with respect to their Personal Information, including, as described below, the right to know about, delete, and if applicable, opt-out of the sale of their Personal Information.
Categories of Personal Information Collected
In the preceding 12 months, we may have collected the following categories of Personal Information from California consumers:
- Personal identifiers
- Characteristics of protected classifications under California or federal law
- Commercial information
- Internet or other electronic network activity information
- Fitness information
- Audio, electronic, visual, thermal, olfactory, or similar information
- Professional or employment-related information
- Education information
- Inferences drawn from other personal information
Sources of Personal Information
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from you when you provide it to us
- Automatically when you use our Service
- From third-party service providers and partners
- From publicly available sources
- From our affiliates and subsidiaries
Business or Commercial Purposes for Collecting Personal Information
We may use or disclose the Personal Information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information
- To provide, support, personalize, and develop our Service
- To create, maintain, customize, and secure your account with us
- To process your requests, purchases, transactions, and payments
- To provide you with support and respond to your inquiries
- To personalize your experience and deliver content and product offerings relevant to your interests
- To improve our Service and conduct research and development
- To detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity
- To debug and repair errors in our Service
- To comply with legal obligations
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets
Rights Afforded to California Residents
California consumers may have the following rights under the CCPA with respect to their Personal Information. However, please
Right to Request Access (Right to Know – Specific Pieces) You may submit a request that Raven Ross disclose the specific pieces of Personal Information that we have collected about you in the twelve (12) months prior to our receipt of your request.
Right to Know (Categories and Business Purposes) You may submit a request to know the following information about Personal Information we have collected about you in the twelve (12) months prior to our receipt of your request:
- The categories of Personal Information we have collected
- The categories of sources from which we collected the Personal Information
- The business or commercial purposes for which we collected the Personal Information
- The categories of third parties with which we shared the Personal Information
- The categories of Personal Information we disclosed for a business purpose, and for each category identified, the categories of third parties to whom we disclosed that particular category of Personal Information
Right to Request Deletion You may submit a request that Raven Ross delete the Personal Information that we have about you, which may be subject to various exceptions under the law.
Right to Opt-Out of Sale You have the right to opt-out of the sale of your Personal Information. However, we do not sell Personal Information.
Right to Non-Discrimination We will not discriminate against you for exercising any of your rights under the CCPA.
How to Exercise Your Rights and How We Will Respond
You may submit a request to access, know about, or delete your Personal Information by:
- Emailing us at [email protected]
- Using the in-app account deletion feature (for deletion requests)
- Contacting us through our customer support system
For requests to access, know, or delete Personal Information, we will first acknowledge receipt of the request within ten (10) business days of receipt of your request. We will provide a substantive response to your request within forty-five (45) days from receipt of your request, although we may be allowed to take longer to process your request under certain circumstances. If we expect your request is going to take us longer to fulfill, we will let you know and explain the reason for the delay.
Please understand that we are not obligated to provide you with a copy of your Personal Information more than twice in a twelve (12) month period pursuant to the CCPA.
Identity Verification
Raven Ross will verify your identity when you submit a request. We may request additional information from you to verify your identity, including:
- Your name and email address associated with your account
- Account verification information such as recent transaction details
- Government-issued identification (in certain circumstances)
- Other information we maintain about you
If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of the denial.
Household Requests
You are also entitled to submit a request for Personal Information that could be associated with a household as defined in the CCPA. Requests to access, know or delete household Personal Information must be jointly made by each member of the household, and we will individually verify all of the members of the household using the verification criteria explained above, and separately verify that each household member making the request currently resides in the household. If we are unable to verify the identity of each household member with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of our denial.
Authorized Agents
You may designate an authorized agent to make a request under the CCPA on your behalf. If you do so, you will be required to verify your identity by providing us with certain Personal Information as described above. Additionally, we will also require that you provide the agent with written and signed permission to act on your behalf, and we will separately confirm with you that you provided the agent with permission to submit the request. We may deny the request if the agent is unable to submit proof to us that you have authorized them to act on your behalf or if any of the above verification criteria are not met.
Do Not Track
We respect your privacy and strive to provide users with transparency about our online tracking practices. However, we do not currently respond to Do Not Track (DNT) signals sent by web browsers because there is no consensus among industry participants as to what DNT means in this context. As such, we do not modify our data collection and user practices when we detect such a signal from your browser. We encourage users to manage their privacy preferences directly through the settings provided by their web browsers.
Children’s Privacy
The Service is intended for general audiences and is not directed to children under 13. We do not knowingly collect Personal Information from children under 13, and we do not sell the Personal Information of minors under 16. Users under 16 are restricted from using the Service.
If you become aware that a child under 13 has provided us with Personal Information without parental consent, please contact us at [email protected]. If we become aware that a child under 13 has provided us with Personal Information without parental consent, We will take steps to remove such information and terminate the child’s account.
Parents and guardians have the right to review, delete, and control the collection and use of Personal Information from their children. If you are a parent or guardian and believe your child has provided Personal Information to us, please contact us immediately.
Data Retention
We retain your Personal Information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. The criteria we use to determine our retention periods include:
- The length of time we have an ongoing relationship with you and provide services to you
- Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them)
- Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations)
When we no longer need to retain your Personal Information, we will delete or anonymize it in a secure manner.
Security
We implement and maintain reasonable security measures appropriate to the nature of the Personal Information that we collect, use, retain, transfer, or otherwise process.
Data Breach Notification
In the event of a data breach that affects your Personal Information, we will notify you and any applicable regulatory authorities as required by applicable law. We will provide information about the breach, the types of information involved, the steps we are taking to address the breach, and recommendations for protecting yourself from potential harm.
International Data Transfers
Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Third-Party Websites and Services
While you are using this Service, you may be linked or directed to other third-party sites outside of the Service that are beyond our control. For example, you might click on a link or banner ad that will take you off the Service. These links and banners may take you to sites of advertisers, sponsors, and co-branding partners. Similarly, you may click on a social media button that you find on our website or mobile application that will direct you to a third-party social media platform such as YouTube, Instagram, Facebook, or Twitter.
We are not responsible for the privacy practices or the content of these (or any) third-party websites or platforms. This Privacy Policy applies only to the information collected by us. We encourage you to read the privacy policies of any third-party websites or services that you visit or use.
Email Marketing and Communications
Subject to applicable laws and regulations, Raven Ross may from time to time send via email, SMS, push notifications, or other electronic means direct marketing materials promoting services, products, facilities, events, or activities to you using information collected from or about you.
Marketing Communications
You may opt-out of marketing communications at any time by:
- Clicking “unsubscribe” at the bottom of any marketing email
- Replying “STOP” to SMS marketing messages
- Adjusting your notification preferences in the mobile app settings
- Contacting us directly at [Insert Email Address]
Transactional Communications
Please note that even if you opt out of marketing communications, we may still send you transactional or service-related communications, such as:
- Account verification emails
- Password reset instructions
- Billing and payment confirmations
- Important updates to our Terms of Use or Privacy Policy
- Technical notices and security alerts
- Customer support responses
Accessibility
We are committed to improving our communications and services to be accessible to people with disabilities. To make accessibility-related requests or report barriers, please contact us at [email protected].
Updates to This Privacy Policy
We may revise this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. If we make material changes to this Privacy Policy, we will notify you by:
- Posting a notice on our website and/or mobile application
- Sending you an email notification (if you have provided your email address)
- Providing an in-app notification
- Updating the “Effective Date” at the top of this Privacy Policy
We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information. By continuing to access or use the services after those changes become effective, you acknowledge and agree to the revised Privacy Policy.
Contact Information
If you have questions, concerns, or complaints regarding this Privacy Policy or our processing of your Personal Information, please feel free to contact Raven Ross through the following methods:
Email: [email protected]
Mailing Address: 718 N. 2nd Street Suite 359, Philadelphia, PA 19123
We will respond to your inquiry within a reasonable timeframe and will work to address any concerns you may have about our privacy practices.
Terms of Use Agreement
Effective Date: June 2025
Company: PilatesBody Studios LLC
These Terms of Use (“Agreement”) govern your use of the website, mobile application, and related services (collectively, the “Service”) provided by PilatesBody Studios LLC (“Raven Ross,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by this Agreement.
IMPORTANT NOTICE: Section 12 of this Agreement contains a mandatory arbitration clause and a class action waiver. By using the Services, you agree that any claims you may have against us relating to the Service must be ARBITRATED, and you waive the right to (1) assert claims against us in court; (2) participate in a class action; and (3) have a jury hear your case. Please read carefully.
1. Comprehensive Assumption of Risk & Waiver of Liability
1.1 Assumption of Risk
By using the Service, including any fitness programs, workout videos, wellness content, nutritional guidance, or related services, you acknowledge and understand that:
- Physical exercise and fitness activities involve inherent and significant risks of physical injury, illness, disability, and death
- These risks exist regardless of the care taken by you or us
- Your participation is entirely voluntary and at your own discretion and risk
- You assume full responsibility for all risks, known and unknown, associated with your participation
You voluntarily participate in all fitness activities with full knowledge that physical exercise may be hazardous to your health and may result in injury or death. These risks include, but are not limited to:
- Heart attacks, cardiac events, or other cardiovascular complications
- Muscle strains, pulls, tears, or other soft tissue injuries
- Broken bones, fractures, or other skeletal injuries
- Joint injuries including damage to knees, ankles, shoulders, hips, or spine
- Back injuries, spinal cord injuries, or paralysis
- Heat exhaustion, heat stroke, or dehydration
- Allergic reactions or adverse responses to physical activity
- Aggravation of pre-existing medical conditions
- Falls, collisions, or other accidents during exercise
- Death or permanent disability
1.2 Medical Consultation Requirement
You are strongly advised and agree that it is your responsibility to consult with a qualified healthcare professional, physician, or medical doctor prior to participating in any fitness program, exercise routine, or physical activity offered through the Service. This consultation should occur before beginning any new exercise program and periodically thereafter.
You represent and warrant that:
- You have consulted with a healthcare provider about your participation (or have chosen not to do so against our recommendation)
- You are in suitable physical condition to participate in fitness activities
- You have no medical condition that would prevent safe participation
- You have disclosed all relevant medical conditions, injuries, or limitations to your healthcare provider
1.3 Release and Waiver of Claims
BY USING THE SERVICE, YOU EXPRESSLY AND VOLUNTARILY WAIVE AND RELEASE ALL CLAIMS that you may have against PilatesBody Studios LLC, its owners, officers, directors, employees, instructors, contractors, agents, affiliates, successors, assigns, and service providers (collectively, the “Released Parties”) arising from or related to:
- Your participation in any fitness program or activity
- Any injury, illness, disability, death, or other harm occurring during or after participation
- Any negligent act or omission by the Released Parties
- Any defect in equipment, facilities, or instruction
- Any failure to provide adequate supervision, instruction, or warnings
This waiver applies whether the injury or harm is caused by the negligence of the Released Parties, your own actions, the actions of other participants, defective equipment, or any other cause.
1.4 Indemnification for Fitness Activities
You agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, actions, causes of action, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your participation in fitness activities, including claims brought by your family members, estate, heirs, or personal representatives.
2. Account Registration and Requirements
2.1 Account Creation
You must create an account to access many features of the Service. To register for an account, you must provide accurate, current, and complete information, including:
- A valid email address
- Your name (first and last)
- Your age or date of birth for eligibility verification
- A secure password meeting our requirements
- Any other information reasonably requested
2.2 Account Responsibilities
By creating an account, you agree to:
- Provide accurate and complete information and update it as necessary to keep it current
- Maintain the confidentiality of your login credentials and not share your account with others
- Notify us immediately of any unauthorized access to your account or any security breach
- Be responsible for all activity that occurs under your account, whether authorized or unauthorized
- Use your account only for lawful purposes and in accordance with this Agreement
- Log out of your account when using shared or public computers
If you become aware of any unauthorized use of your account, you must immediately change your password and notify us at info@pilatesbodyraven.
2.3 Age Requirements and Restrictions
The Service is not intended for users under 13 years of age. We do not knowingly collect personal information from children under 13. Users between 13 and 16 years of age are prohibited from creating accounts or using the Service.
By creating an account, you represent and warrant that:
- You are at least 16 years of age
- You have the legal capacity to enter into this Agreement
- If you are under 18, you have obtained parental or guardian consent to use the Service
Parents and Guardians: If you permit your minor child to use the Service through your account, you agree that:
- You are fully responsible for monitoring and supervising your child’s usage
- You assume all risks and liability for your child’s participation
- You will ensure your child complies with all terms of this Agreement
- You consent to our collection and use of information as described in our Privacy Policy
3. Subscriptions, Payments, Trials, and Billing
3.1 Subscription Services
Our subscription services may include access to:
- On-demand workout videos and fitness programs
- Live streaming classes and sessions
- Nutrition guides and meal plans
- Community features and challenges
- Personalized training programs
- Premium content and features
3.2 Payment Processing
All payment processing is handled securely by Stripe, our third-party payment processor. By subscribing to our Service, you agree to Stripe’s terms of service and privacy policy. We may also apply:
- Applicable taxes based on your location
- Processing fees as disclosed at the time of purchase
- Currency conversion fees for international transactions
3.3 Pricing and Changes
Subscription prices and other terms of purchase are subject to change at any time. We will provide reasonable notice of material price changes. Continued use of the Service after price changes constitutes acceptance of the new pricing.
3.4 Auto-Renewal
Subscriptions automatically renew for successive subscription periods of the same duration until you cancel. Your payment method will be charged:
- At the beginning of each subscription period for regular subscriptions
- At the end of any free trial period unless you cancel beforehand
- According to the billing cycle you selected (monthly, annually, etc.)
3.5 Free Trials and Promotional Offers
We may offer free trials, discounted subscriptions, or other promotional offers subject to the following terms:
Free Trials:
- When a free trial period ends, your paid subscription begins automatically unless you cancel
- You must provide a valid payment method to start a free trial
- You will be charged the full subscription fee if you do not cancel before the trial expires
Promotional Pricing:
- Discounted rates apply only to the initial subscription period
- Renewals will be charged at the standard rate unless otherwise specified
- Promotional offers cannot be combined with other discounts unless explicitly stated
3.6 Trial Period and Promotional Offer Abuse Policy
Limited Eligibility: Free trials and promotional offers are generally limited to one per person, household, payment method, and device unless otherwise specified. We reserve the right to determine eligibility for any promotional offer at our sole discretion.
Prohibited Activities: The following activities constitute abuse of our promotional offers and are strictly prohibited:
- Creating multiple accounts to access additional free trials or promotions
- Using false, misleading, or fictitious information to circumvent eligibility restrictions
- Sharing account credentials to allow others to access promotional pricing
- Using different payment methods, email addresses, or devices to evade limitations
- Canceling and re-subscribing repeatedly to access promotional pricing
- Any other attempt to circumvent the intended limitations of promotional offers
Consequences of Abuse: If we determine that you have abused promotional offers, we may:
- Immediately terminate your account without notice
- Charge you the full subscription price for any improperly accessed promotional periods
- Permanently ban you from future promotional offers
- Pursue additional remedies as available under law
- Report fraudulent activity to appropriate authorities if applicable
Determinations of promotional abuse are made at our sole discretion and are final.
3.7 Cancellation and Refunds
How to Cancel: You may cancel your subscription at any time by:
- Accessing your account settings in the app or website
- Contacting customer support at info@pilatesbodyraven
- Following the cancellation instructions provided in your account
Effect of Cancellation:
- Cancellation will take effect at the end of your current billing period
- You will retain access to paid features until the end of the period you have paid for
- Your subscription will not renew for the next billing period
Refund Policy:
- ALL PURCHASES, INCLUDING RECURRING SUBSCRIPTION CHARGES, ARE FINAL AND NON-REFUNDABLE except as required by applicable law
- We do not provide refunds for partial subscription periods
- We do not provide refunds due to account termination for violation of this Agreement
3.8 In-App Purchases
When you make purchases through mobile app stores (Apple App Store, Google Play Store), you will be billed directly by the app store operator, not by us. For such purchases:
- Billing inquiries should be directed to the app store operator
- Cancellation must be done through the app store’s subscription management system
- Refund policies of the app store operator apply
- You may also contact our customer support for assistance
4. Use of Services & Intellectual Property Rights
4.1 License to Use the Service
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Service for your personal, non-commercial purposes
- Stream and view fitness content and programs that you have purchased or that are included in your subscription
- Download content where specifically offered, solely for offline personal viewing
- Use our mobile applications on devices you own or control
4.2 Intellectual Property Ownership
All content available through the Service, including but not limited to:
- Workout videos, audio content, and fitness programs
- Instructional materials, guides, and educational content
- Software, applications, and user interfaces
- Text, graphics, logos, images, and multimedia content
- Trademarks, service marks, and trade names
- Proprietary algorithms, data, and analytics
is owned or licensed by Raven Ross and/or PilatesBody Studios LLC and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
4.3 Restrictions on Use
You may not, and you agree not to permit others to:
- Copy, reproduce, distribute, or publicly display any content from the Service
- Create derivative works based on our content or Service
- Modify, adapt, or reverse engineer any part of the Service
- Use our content for commercial purposes or redistribute it to others
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices
- Use automated means (such as bots, scrapers, or crawlers) to access the Service
- Attempt to decompile, disassemble, or reverse engineer our software or applications
- Publicly perform or display our content outside the intended use of the Service
4.4 Third-Party Service Integration
Our Service integrates with third-party platforms and services including:
Arketa Platform Services: Arketa provides our app framework and certain functionality. Arketa grants you permission to use their services solely for accessing our fitness content for personal use. All rights not expressly granted by Arketa are reserved.
Stripe Payment Services: Stripe provides payment processing services. Your use of Stripe’s services is subject to their terms of service and privacy policy.
App Store Platforms: If you download our mobile application:
- You may use the app for personal, non-commercial purposes on permitted devices
- As between us and the app store operator, we are responsible for the app and its content
- The app store operator may enforce these terms regarding your use of the app
- You must comply with the app store’s terms of service
4.5 User-Generated Content License
When you submit, upload, post, or otherwise provide any content to the Service (including comments, photos, videos, reviews, forum posts, profile information, or other materials), you grant PilatesBody Studios LLC:
- An irrevocable, worldwide, non-exclusive, royalty-free, perpetual, transferable, and sublicensable right and license
- To use, copy, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from such content
- In all media formats and channels now known or later developed
- For any purpose whatsoever, including marketing, advertising, and promoting our Service
This license continues even after you delete your account or cease using the Service. You retain ownership of your original content, but you grant us these broad usage rights.
4.6 Content Standards for User Submissions
All user-generated content must comply with our Acceptable Use Policy in Section 8. You represent and warrant that any content you submit:
- Is original to you or you have the right to submit it
- Does not infringe any third party’s rights
- Is accurate and not misleading
- Complies with applicable laws and regulations
4.7 Feedback and Suggestions
If you provide us with feedback, suggestions, or ideas about improving our Service, you grant us the right to use such feedback without any obligation to compensate you. We may use your suggestions for any purpose, including developing new features or services.
5. Platform Availability & Technical Requirements
5.1 Service Availability
We strive to provide reliable access to our Service, but we cannot guarantee:
- Continuous, uninterrupted access to the Service at all times
- Compatibility with all devices, operating systems, or browsers
- Consistent streaming quality or resolution
- Availability in all geographic locations
- Continued support for particular features or functionality
5.2 Technical Requirements
To use our Service, you are responsible for:
- Maintaining a compatible device and operating system
- Ensuring adequate internet connectivity for streaming content
- Keeping your app updated to the latest version
- Meeting minimum system requirements as specified
5.3 Service Modifications
We reserve the right to:
- Modify, update, or discontinue any aspect of the Service at any time
- Add or remove features, content, or functionality
- Change technical requirements or compatibility
- Perform maintenance that may temporarily limit access
We will provide reasonable notice of material changes when practicable, but we are not obligated to maintain any particular features or content indefinitely.
5.4 No Warranties Regarding Service Performance
We make no warranties or representations concerning:
- Viewing quality of fitness videos or content
- Accuracy or completeness of fitness information, nutritional guidance, or health-related content
- Suitability of any programs for your individual fitness level or health condition
- Results you may or may not achieve from using our programs
- Availability of specific content, which may be removed or changed at any time
- Technical performance, including speed, reliability, or error-free operation
6. Content Disclaimers and Medical Information
6.1 Fitness and Health Information Disclaimer
THE FITNESS PROGRAMS, NUTRITIONAL INFORMATION, AND HEALTH-RELATED CONTENT PROVIDED THROUGH OUR SERVICE ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS MEDICAL ADVICE.
- We are not medical professionals and do not provide medical advice, diagnosis, or treatment
- Our content is not a substitute for professional medical advice, diagnosis, or treatment
- You should always consult with qualified healthcare providers regarding any health concerns
- Individual results may vary significantly based on numerous factors
- We make no guarantees about the effectiveness, safety, or appropriateness of our programs for any individual
6.2 Assumption of Risk for Content Use
You acknowledge and agree that:
- Following fitness programs involves inherent risks as described in Section 1
- You are solely responsible for determining whether our programs are appropriate for your fitness level and health condition
- We are not liable for any injuries, adverse effects, or health consequences resulting from your use of our content
- You assume all risks associated with following nutritional guidance or dietary recommendations
6.3 Third-Party Content Disclaimer
Our Service may include content, information, or materials from third parties. We are not responsible for:
- The accuracy, completeness, or reliability of third-party content
- Any harm or damages resulting from third-party content
- The continued availability of third-party content
- Third-party opinions, statements, or recommendations
7. Community Features and User Interactions
7.1 Community Guidelines
If our Service includes community features (forums, comments, challenges, social interactions), you agree to:
- Treat other users with respect and courtesy
- Use appropriate language and avoid offensive content
- Respect others’ privacy and personal information
- Support and encourage fellow community members
- Report inappropriate behavior to our support team
7.2 User Interaction Disclaimer
- We are not responsible for interactions between users
- We do not screen or monitor all user communications
- You interact with other users at your own risk
- We reserve the right to remove any user or content that violates our guidelines
7.3 Privacy in Community Features
When participating in public community features:
- Your username and any content you post may be visible to other users
- We cannot guarantee the privacy of information you choose to share publicly
- Other users may screenshot, share, or otherwise use your public posts
- You should not share personal, sensitive, or confidential information
8. Comprehensive Acceptable Use Policy
8.1 Content Restrictions
You may not submit, post, or share content that:
Violates Rights:
- Infringes any third party’s copyrights, trademarks, patents, or other intellectual property rights
- Violates privacy rights, publicity rights, or other personal rights
- Contains confidential or proprietary information belonging to others
Harmful or Inappropriate Content:
- Is sexually explicit, pornographic, or promotes sexual services
- Contains nudity or sexually suggestive material
- Is defamatory, libelous, or slanderous
- Is harassing, bullying, threatening, or abusive
- Contains hate speech or discriminatory language based on race, religion, gender, sexual orientation, disability, or other protected characteristics
- Promotes or supports terrorist organizations, hate groups, or extremist ideologies
- Depicts or encourages self-harm, suicide, or eating disorders
- Exploits, endangers, or sexualizes minors in any way
Violent or Dangerous Content:
- Depicts unlawful acts of extreme violence or graphic violence
- Shows animal cruelty or extreme violence toward animals
- Contains instructions for creating weapons, explosives, or dangerous substances
- Promotes dangerous challenges or activities that could cause harm
Fraudulent or Misleading Content:
- Contains false, misleading, or deceptive information
- Promotes fraudulent money-making schemes or scams
- Uses deceptive marketing practices or false advertising
- Contains false information about health, medical treatments, or vaccination safety
- Includes misleading information about voting, elections, or civic processes
- Promotes conspiracy theories that could cause public harm
Legal Violations:
- Violates any applicable local, state, national, or international law or regulation
- Facilitates illegal activities or transactions
- Contains content that is illegal in your jurisdiction
8.2 Code of Conduct
In using the Service, you agree not to:
Identity and Impersonation:
- Use offensive, inappropriate, or misleading usernames or profile information
- Impersonate any person, organization, or entity
- Misrepresent your identity, affiliation, or relationship to any person or organization
- Create fake accounts or multiple accounts to circumvent restrictions
Harassment and Abuse:
- Harass, stalk, threaten, or intimidate any person
- Engage in cyberbullying or persistent unwanted contact
- Share personal information about others without consent (doxxing)
- Send unsolicited commercial messages or spam
Privacy and Security Violations:
- Access another person’s account without permission
- Collect, store, or share personal information about other users
- Attempt to circumvent privacy settings or security measures
- Share login credentials or allow unauthorized access to your account
Harmful Activities:
- Harm, exploit, or endanger minors in any way
- Engage in any form of discrimination or bias-motivated harassment
- Distribute malware, viruses, or other harmful code
- Engage in activities that could damage, disable, or impair the Service
Commercial Abuse:
- Use the Service for unauthorized commercial purposes
- Advertise or promote products or services without permission
- Engage in affiliate marketing or revenue-generating activities
- Solicit money, donations, or other financial contributions
8.3 Prohibited Technical Activities
You will not, and will not attempt to:
Unauthorized Access:
- Access areas of the Service that are not intended for users
- Bypass, circumvent, or attempt to defeat security measures, rate limiting, or access controls
- Use any automated systems, bots, scripts, or other technical means to access the Service
- Probe, scan, or test the vulnerability of our systems or networks
Reverse Engineering:
- Decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from our software
- Create derivative works based on our proprietary technology
- Remove, alter, or obscure any proprietary notices or labels
Service Interference:
- Submit an unreasonable number of requests to our servers
- Use the Service in a way that could damage, disable, overburden, or impair our systems
- Interfere with other users’ access to or use of the Service
- Introduce viruses, malware, or other harmful code
Data Scraping and Extraction:
- Scrape, extract, or harvest content or data from the Service
- Use automated means to collect information about users or content
- Create databases or datasets using our content without permission
- Monitor or copy our content for competitive purposes
8.4 Restricted Users and Export Control
Prohibited Users: You may not create or maintain an account if you:
- Are a member of a terrorist organization or hate group
- Are subject to sanctions by the U.S. government or other applicable authorities
- Are located in a country subject to U.S. government embargo
- Are listed on any U.S. government list of prohibited or restricted parties
- Have been previously banned from our Service for violations of this Agreement
Export Control Compliance: You agree not to:
- Use or export any part of the Service in violation of U.S. export control laws
- Provide access to the Service to persons or entities subject to trade restrictions
- Use the Service for any purpose prohibited by applicable export control regulations
8.5 Reporting and Enforcement
Reporting Violations: If you encounter content or behavior that violates this Acceptable Use Policy, please report it by:
- Using in-app reporting features where available
- Contacting our support team at [email protected]
- Providing specific details about the violation and relevant user information
Our Response: We may, at our sole discretion:
- Remove or restrict access to violating content
- Issue warnings to users who violate our policies
- Temporarily or permanently suspend or terminate accounts
- Report illegal activities to appropriate authorities
- Take legal action against users who cause harm to our Service or other users
No Obligation to Monitor: While we may review reported content and monitor the Service, we have no obligation to do so and cannot review all content or user activity. We rely on our community to help identify and report violations.
9. Privacy and Data Protection
9.1 Privacy Policy Incorporation
Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Service, you consent to our privacy practices as described in the Privacy Policy.
9.2 Account Information Access
By creating an account, you agree that we will have access to:
- Your account information and profile data
- Your activity within the Service, including content viewed and programs completed
- Your interactions with community features and other users
- Your subscription and payment history
- Technical information about your device and usage patterns
9.3 Third-Party Data Sharing
We may share your information with third-party service providers as described in our Privacy Policy, including:
- Arketa (app platform provider)
- Stripe (payment processor)
- Analytics providers
- Customer support platforms
- Marketing and communication services
We are not responsible for how third parties use or protect your information, and you should review their privacy policies independently.
9.4 Data Security Responsibility
While we implement reasonable security measures, you are responsible for:
- Keeping your login credentials secure and confidential
- Using secure networks and devices to access the Service
- Logging out of shared or public computers
- Reporting suspected security breaches promptly
10. Disclaimers and Limitation of Warranties
10.1 “As Is” Service Provision
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. We provide the Service on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties regarding the availability, reliability, or performance of the Service
- Warranties that the Service will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy, completeness, or reliability of content
10.2 Specific Disclaimers
We make no representations or warranties concerning:
Service Availability:
- The availability of the Service in any particular jurisdiction
- Compatibility with any particular device, operating system, or browser
- Continued support for any feature of the Service
- Uninterrupted access or consistent performance
Content Quality and Accuracy:
- The viewing quality, resolution, or technical performance of video content
- The accuracy, completeness, or reliability of fitness information, nutritional guidance, or health-related content
- The suitability of any programs for your individual needs, fitness level, or health condition
- The safety or effectiveness of any exercises, workouts, or recommendations
Health and Fitness Results:
- Any specific results you may achieve from using our programs
- The safety of participating in fitness activities
- The accuracy of calorie estimates, fitness tracking, or health metrics
- The appropriateness of our content for your medical condition
Third-Party Content and Services:
- The accuracy, reliability, or availability of third-party content or services
- The actions or omissions of third-party service providers
- The security or privacy practices of integrated third-party services
10.3 Jurisdiction-Specific Disclaimers
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.
11. Limitation of Liability
11.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PilatesBody Studios LLC, its parent company, subsidiaries, affiliates, officers, directors, employees, representatives, consultants, agents, suppliers, and partners (including Arketa, Stripe, and other service providers) SHALL NOT BE LIABLE FOR:
Direct and Indirect Damages:
- Any direct, indirect, incidental, special, consequential, punitive, or exemplary damages
- Damages for loss of profits, revenue, goodwill, use, data, or other intangible losses
- Personal injury, property damage, or wrongful death (except as prohibited by law)
- Emotional distress, mental anguish, or psychological harm
Specific Exclusions:
- Damages relating to any dispute between you and us or between you and other users
- Damages resulting from your reliance on any content or information provided through the Service
- Damages caused by your participation in fitness activities or following health-related guidance
- Damages resulting from service interruptions, technical failures, or data loss
- Damages caused by third-party actions, content, or services
11.2 Liability Cap
EVEN IF WE ARE FOUND LIABLE, our total liability to you for all claims arising from or related to your use of the Service SHALL NOT EXCEED THE GREATER OF:
- One Hundred Dollars ($100) USD, or
- The total amounts paid by you to us in the 12 months preceding the filing of your claim
11.3 Basis of Limitation
These limitations apply:
- Regardless of the legal theory on which your claim is based (whether contract, tort, negligence, strict liability, or otherwise)
- Even if we have been advised of the possibility of such damages
- Even if any remedy provided herein is found to have failed its essential purpose
11.4 Jurisdictional Variations
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, particularly personal injury or death caused by negligence. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law, and the above limitations may not fully apply to you.
11.5 Fitness Activity Specific Limitations
Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by law, we shall not be liable for any injury, illness, disability, or death arising from or related to:
- Your participation in fitness activities or exercise programs
- Your failure to follow safety instructions or recommendations
- Your use of equipment or performance of exercises
- Any pre-existing medical conditions or health issues
- Your failure to obtain appropriate medical clearance before exercising
12. Indemnification
12.1 Your Indemnification Obligations
You agree to indemnify, defend, and hold harmless PilatesBody Studios LLC and its parent company, subsidiaries, affiliates, officers, directors, employees, representatives, consultants, agents, suppliers, and partners (including Arketa, Stripe, and other service providers) from and against any and all liability, claims, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising from or related to:
Your Use of the Service:
- Your access to, use of, or inability to use the Service
- Your participation in fitness activities or programs offered through the Service
- Your reliance on any content, information, or guidance provided through the Service
- Any injuries, illnesses, or damages you suffer in connection with the Service
Your Violations:
- Your breach of this Agreement or violation of any applicable law or regulation
- Your violation of any third party’s rights, including intellectual property, privacy, or publicity rights
- Your violation of our Acceptable Use Policy or Community Guidelines
Your Content:
- Any content that you submit, post, or share through the Service
- Any claims that your content infringes third-party rights or violates applicable laws
- Any harm caused by your content to other users or third parties
Your Conduct:
- Your interactions with other users of the Service
- Any disputes you may have with other users or third parties
- Any fraudulent, illegal, or harmful activities you engage in
12.2 Defense and Settlement
Your indemnification obligations include the duty to defend us against any covered claims using counsel acceptable to us. You may not settle any claim without our prior written consent if the settlement would impose any obligation on us or admit any liability on our behalf.
12.3 Notice and Cooperation
We will provide you with reasonable notice of any claim subject to indemnification and will reasonably cooperate with your defense. However, our failure to provide prompt notice will not relieve your indemnification obligations except to the extent you are materially prejudiced by the delay.
13. Arbitration Agreement, Jury Waiver, and Class Action Waiver
THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
13.1 Agreement to Arbitrate
You and PilatesBody Studios LLC agree that any and all disputes, claims, or controversies arising out of or relating to:
- This Agreement or your use of the Service
- The breach, termination, enforcement, interpretation, or validity of this Agreement
- Any aspect of the relationship between you and us
shall be resolved exclusively through binding individual arbitration rather than in court, except as specified in Section 13.6 (Small Claims Exception).
13.2 Arbitration Procedures
Arbitration Administration: Any arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules & Procedures in effect at the time the arbitration is commenced.
Arbitration Process:
- Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation
- Your rights will be determined by a neutral third party called an arbitrator, not a judge or jury
- Both parties are entitled to fundamentally fair proceedings at every stage
- The arbitrator will decide all issues relating to the dispute, including questions of arbitrability
- The arbitrator can grant any relief that a court could grant
- Arbitration decisions are enforceable in court and may be overturned only for very limited reasons
13.3 Location of Arbitration
For Consumers: If you are a consumer as defined by JAMS Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside.
For Non-Consumers: Otherwise, the hearing (if any) shall take place in Philadelphia, Pennsylvania, United States of America.
Virtual Hearings: The arbitrator may, in their discretion or upon request of either party, conduct hearings by telephone, video conference, or other remote means, particularly when doing so would reduce costs or increase convenience without compromising the fairness of the proceedings.
13.4 Class Action and Representative Proceeding Waiver
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
This means:
- You cannot bring claims against us as part of a class action lawsuit
- You cannot seek to represent other users in any legal proceeding
- All disputes must be resolved through individual arbitration
- You waive any right to participate in or receive benefits from any class settlement
Prohibition on Consolidation: The arbitrator may not consolidate multiple parties’ claims or preside over any form of representative or class proceeding.
13.5 Arbitration Costs and Fees
Consumer Arbitrations: For consumers as defined by JAMS Consumer Minimum Standards:
- We will pay all JAMS filing, administration, and arbitrator fees for claims seeking less than $10,000
- For claims seeking $10,000 or more, costs will be allocated according to JAMS Consumer Minimum Standards
- Each party bears their own attorney’s fees unless applicable law provides otherwise
Non-Consumer Arbitrations: Costs and fees will be allocated according to JAMS rules, with each party typically responsible for their own attorney’s fees.
Fee-Shifting: The arbitrator may award attorney’s fees and costs to the prevailing party if applicable law or this Agreement provides for such an award.
13.6 Small Claims Court Exception
Notwithstanding the arbitration requirement, either party may bring an individual claim in small claims court if:
- The claim is within the monetary jurisdiction of small claims court
- The claim is brought in a court of competent jurisdiction
- The proceeding remains in small claims court and is not removed or appealed to a court of general jurisdiction
If a small claims court lacks subject matter jurisdiction over a claim, that claim must be arbitrated.
13.7 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting this Agreement. Your opt-out notice must be sent to:
PilatesBody Studios LLC
[Insert Address]
Email: [email protected]
Your notice must include:
- Your full name
- Your email address associated with your account
- A clear statement that you wish to opt out of the arbitration agreement
Effect of Opt-Out: If you validly opt out, this arbitration agreement will not apply to you, but all other terms of this Agreement remain in effect.
13.8 Survival and Severability
Survival: This arbitration agreement survives termination of this Agreement and termination of your account.
Severability: If any portion of this arbitration agreement is held invalid or unenforceable, the remainder shall continue in full force and effect, provided that:
- If the class action waiver is held invalid, the entire arbitration agreement shall be deemed unenforceable
- If the arbitration agreement as a whole is held invalid, disputes shall be resolved in court subject to the jury waiver in Section 14.2
13.9 Changes to Arbitration Terms
We may modify this arbitration agreement, but any such changes will not apply to disputes arising before the effective date of the modification. We will provide notice of material changes to the arbitration agreement.
14. General Legal Provisions
14.1 Governing Law
This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of [Insert State] and the United States of America, without regard to conflict of law principles. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
14.2 Venue and Jury Waiver for Non-Arbitrable Claims
For any claims not subject to arbitration (including actions to enforce the arbitration agreement or small claims court proceedings that are later removed or appealed):
Jurisdiction and Venue: You agree that any such proceeding shall be brought exclusively in the federal or state courts located in [Insert County], [Insert State]. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue.
JURY TRIAL WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO TRIAL BY JURY in any legal proceeding arising out of or relating to this Agreement or your use of the Service.
14.3 Statute of Limitations
Time Limit for Claims: Any claim or cause of action arising out of or related to your use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose, regardless of when you discovered or should have discovered the claim. This limitation period applies to all claims, whether based in contract, tort, statute, or otherwise.
Discovery Rule: The limitation period begins to run on the date the claim accrues, not when you discover the claim, except as otherwise required by applicable law.
14.4 Force Majeure
We shall not be liable for any failure or delay in performance of our obligations under this Agreement arising out of or caused by circumstances beyond our reasonable control, including:
- Acts of God, natural disasters, severe weather, or environmental conditions
- War, terrorism, civil unrest, or government actions
- Epidemics, pandemics, or public health emergencies
- Labor disputes, strikes, or workforce shortages
- Power failures, telecommunications outages, or internet disruptions
- Computer system failures, cyber attacks, or data breaches affecting third-party service providers
- Supply chain disruptions or inability to obtain necessary materials or services
- Changes in law or government regulations that affect our ability to provide the Service
Notice and Mitigation: We will provide reasonable notice of force majeure events when practicable and will make reasonable efforts to mitigate their effects.
14.5 Export Control and Sanctions Compliance
Export Restrictions: You may not use the Service if:
- You are located in a country subject to U.S. government embargo or sanctions
- You are listed on any U.S. government list of prohibited or restricted parties
- Your use would violate U.S. export control laws or regulations
Compliance Representation: You represent and warrant that:
- You are not subject to U.S. government sanctions
- You will not use the Service in violation of any applicable export control laws
- You will not provide access to the Service to any prohibited persons or entities
Government End Users: If you are a U.S. government end user, the Service constitutes “commercial computer software” and related documentation, and your rights are limited to those set forth in this Agreement.
14.6 Assignment and Transfer
Our Rights: We may assign, transfer, or delegate this Agreement and our rights and obligations hereunder, in whole or in part, without your consent, including in connection with any merger, acquisition, reorganization, or sale of assets.
Your Restrictions: You may not assign, transfer, or delegate this Agreement or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision shall be void.
Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
14.7 Third-Party Beneficiaries
Except as expressly provided herein, this Agreement is not intended to confer any rights or benefits on any third parties. However, the following parties are intended third-party beneficiaries with respect to the provisions that expressly apply to them:
- Arketa: May enforce the licensing and intellectual property provisions relating to their platform services
- Stripe: May enforce provisions relating to payment processing and their terms of service
- Released Parties: May enforce the liability waivers, indemnification provisions, and other protections afforded to them under this Agreement
14.8 Waiver
No failure or delay by either party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any other right, power, or privilege. Any waiver must be in writing and signed by the party against whom the waiver is sought to be enforced.
14.9 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable:
Severability: The invalid provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
Modification: If possible, the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.
Essential Terms: If any essential provision (including the arbitration agreement, liability limitations, or class action waiver) is held invalid and cannot be modified to preserve its essential purpose, the parties may elect to terminate this Agreement.
14.10 Entire Agreement and Modifications
Complete Agreement: This Agreement, including our Privacy Policy incorporated by reference, constitutes the entire agreement between you and us regarding the Service and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral.
Modifications: We may modify this Agreement at any time by posting a revised version on our website or in our mobile application. Material changes will be effective 30 days after posting, while non-material changes will be effective immediately upon posting.
Notice of Changes: We will provide reasonable notice of material changes through:
- Email notification to your registered email address
- In-app notifications
- Prominent notice on our website
- Other methods as appropriate for the nature of the changes
Acceptance of Changes: Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Agreement. If you do not agree to the modifications, you must discontinue use of the Service and may cancel your account.
14.11 Language and Interpretation
Language: This Agreement is written in English, and any translations are provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall control.
Interpretation: The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision. The use of “including” means “including without limitation.” References to “Section” refer to sections of this Agreement.
14.12 Contact Information and Legal Notices
All legal notices, correspondence, and communications regarding this Agreement should be sent to:
PilatesBody Studios LLC
Attn: Legal Department
718 N.2nd Street
Suite 359
Philadelphia, PA 19123
Email: [email protected]
Notice Requirements: Any notice required under this Agreement must be in writing and will be deemed given when:
- Delivered personally
- Sent by certified mail, return receipt requested
- Sent by recognized overnight delivery service
- Delivered by email (if we have consented to electronic delivery)
Your Contact Information: You must maintain current contact information in your account. We may send notices to the email address associated with your account, and such notices will be deemed received when sent, regardless of whether you actually receive them.
14.13 Survival
The following provisions shall survive termination or expiration of this Agreement:
- Section 1 (Assumption of Risk & Waiver of Liability)
- Section 4.5 (User-Generated Content License)
- Section 6 (Content Disclaimers)
- Section 9 (Privacy and Data Protection) – to the extent necessary for data retention obligations
- Section 10 (Disclaimers and Limitation of Warranties)
- Section 11 (Limitation of Liability)
- Section 12 (Indemnification)
- Section 13 (Arbitration Agreement)
- Section 14 (General Legal Provisions)
Effective Date: This Agreement is effective as of June 2025 and remains in effect until terminated in accordance with its terms.
BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.