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 info@pilatesbodyraven.com
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: info@pilatesbodyraven.com

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: info@pilatesbodyraven.com

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.

STAY WHIMSICAL 🦄🧚💜