TERMS OF SERVICE

Updated: December 2024

This Terms of Service Agreement (the “Agreement”) is between You, the user, and Pilatesology, Inc., doing business as Pilatesology (“Pilatesology”,  “Our” or “We” interchangeably).

1. DESCRIPTION OF SERVICES: The Pilatesology “Website” is designed to provide you, the user, with high quality video of Pilates mat classes, apparatus based classes, foundational moves, information about fitness, Pilates, and to bring together a community of people that are interested in maintaining their Pilates practice at home and interested in fitness and health in general. Except where specifically advertised for teens and children, this Website is not directed to persons under eighteen (18) years of age.

 The Pilatesology digital brand includes an online fitness studio, a website, social media platforms, streaming video platforms, mobile applications, and other distribution platforms (the “Sites”) operated by Pilatesology, Inc.

These Terms are applicable to all users of Pilatesology through its (“Website”) and its related domains, sub-domains, and mobile and desktop applications (individually and collectively the “Services”). These Terms govern your use of the Pilatesology Sites, Services, including all functionalities, features, streaming services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by Pilatesology.

Pilatesology reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services.

2. ACCEPTANCE OF TERMS:  If you wish to become a Member (defined below), communicate with other Members, and otherwise make use of the Service, you must agree to this Agreement during the registration process. The Services are made available for a limited, personal, non-exclusive, non-commercial use only. The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices, whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Member” (which means that you have registered on one of our Websites as a user).

Pilatesology has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to you. Any changes shall be effective immediately; You may see the most recent changes and version of this Agreement as noted by the date at the top. You agree to review these changes from time to time and agree that any subsequent use by you of the Sites and Services following the changes shall constitute your acceptance of such change.

3. USE OF THE PRODUCTS AND SERVICES: In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pilatesology reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and use of our Website is void where prohibited.

Content on the Website is provided to you ‘as is’ for your information, educational, and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Pilatesology. Pilatesology reserves all rights not expressly granted in and to the Website and the Content.

You may access Website and the contents therein as available:

• for your information, educational, and personal use only;
• as intended through the normal functionality of the Pilatesology Service; and
• for “Streaming,” referring to contemporaneous digital transmission of an audiovisual work via the Internet from the Pilatesology Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. 

Accessing Website Videos for any purpose or in any manner other than Streaming is expressly prohibited.

3.1 ACCOUNT, PASSWORD SHARING: Pilatesology Services can be accessed via your user account (“Account”). Upon first use of the Sites and Services, You will be prompted to create an Account, which will be password protected via a unique password which You create. Once created, your Account will provide You direct access to the Services and allow You to store and update billing and contact information. 

You are responsible for maintaining the confidentiality of your Account information, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Pilatesology of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s Account without prior authorization from Pilatesology. Pilatesology is not liable for any loss or damage arising from your failure to comply with this Agreement, including the unauthorized use by a third-party of your Account. Excessive viewings or logins to one’s Account will be construed by Pilatesology as fraudulent use of the Website, which will result in the immediate cancellation of your Account without refund and termination of access to the Websites and Services. Pilatesology reserves the right to cancel any account it believes has been compromised, or is being used fraudulently, at our own discretion.

3.2 REGISTRATION INFORMATION: The Sites are not directed at children under eighteen (18) years of age. By providing information about yourself to Pilatesology You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current, and complete.

If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pilatesology reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.

Notwithstanding the foregoing, You hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation, including those described in the below Release of Liability, Agreement to Participate, and Assumption of Risk. You agree that by participating in a Service, You do so entirely at your own risk.

4. MEMBERSHIPS: If You elect to access any component of the Sites and/or Services for which there is a fee, You agree to pay all fees and charges associated with such Service, via your account, on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged to your Account, as further described below. Each user agrees to maintain valid payment information as part of your account information when applicable.

4.1 TYPES OF PURCHASES: The Services may allow You to access certain content on a subscription, recurring basis (like the Pilatesology Membership), on a pay-per-access basis (on-demand content, Challenges, one-time events), or utilizing a discount code. Subject to your payment of any applicable fees, Pilatesology grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to access and engage with such content.

By making a purchase, You expressly agree that Pilatesology is authorized to charge your selected purchase on the payment method You designate. You can update and change this information at any time in your account. Receipts are sent once the charge is successful to the registered email account.

4.2 PAYMENT PROCESSOR: Payments made on the Sites are processed by Stripe and PayPal (via the Website); or Apple or Google Play (mobile applications). For those who purchase their Pilatesology Membership through the App Store or Google Play store, all payment information, including cancellation and updating payment information, must be made in your App Store or Google Play account.

4.3 MEMBERSHIP: The “Membership” to Pilatesology can be purchased in an annual payment (recurring annually) or in recurring, monthly installments. Your payment amount will be reflected at checkout. In the event You enroll in a monthly payment plan and choose to upgrade to an annual payment plan, You will be billed in full for the pro-rated balance of the annual payment fee.

4.3.1 Membership Free Trial: The subscription-based Pilatesology Membership is accessible with a 14-days “Free Trial.” If You chose to take advantage of the Free Trial of Membership the following terms apply: (1) Your Free Trial is valid for 14 days, starting the day You sign up (Day 1); (2) You will have access to the Pilatesology content library and workouts for the duration of the Free Trial; (3) Your Free Trial will automatically expire on Day 14 if you do not subscribe to a paid Membership; (4) one Free Trial is redeemable per person, regardless of how many email addresses or accounts are created; (5) Pilatesology reserves the right to terminate one’s Account for violation of these Free Trial rules; and (6) if an Account is terminated due to a violation of this Free Trial provision, Pilatesology will not reimburse you for any fees paid. 

4.5. AUTOBILL: By subscribing to the Pilatesology Membership and related Services, You are enrolling in an auto-debit contract. You authorize Pilatesology to, on a recurring basis (the same day of each month of your subscription, OR the same day of each calendar year) to automatically charge the payment method associated with your Account. You understand and acknowledge that (1) Pilatesology will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice. Pilatesology may discontinue processing of recurring charges if it is unable to secure funds from your Account due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current payment method on file with accurate billing information. Pilatesology cannot be held responsible for errors in processing due to expired or inaccurate information.

4.6. REFUND POLICY, CHARGEBACK POLICY: Unless otherwise provided by law, You acknowledge that all sales are final and Pilatesology does not offer refunds for any portion of your payment for any of the Program or Services at any time, unless explicitly indicated otherwise at the time of purchase, or where required by state law. By agreeing to these Terms, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.

Should You attempt to issue a chargeback with your credit card company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and You will lose all access to the Services which You may have previously purchased. You will remain contractually responsible for payment of the Program and Services in full.

4.7. MEMBERSHIP CANCELLATION: Your subscription to the Pilatesology Membership will continue automatically until You cancel it. You may cancel your Membership following the termination of a billing cycle only (monthly or annual) meaning You cannot cancel an annual Membership midway through your year. Or rather, You may, but there is no refund, per these Terms.

If You are enrolled in the Membership and chose to cancel, You must cancel through your Account, prior to the next billing date, which is the same calendar date / annual date as your original date of purchase/enrollment. When You cancel prior to the next billing date, You still maintain access to the paid Services through the end of your billing cycle – monthly or annually. If You do not cancel prior to your billing date (monthly or annually) You will be automatically billed, with no refund, for the subsequent billing cycle and continue to have access until your next billing date, at which point your Membership will be considered canceled and You will not be billed further.

4.8 GIFT CERTIFICATES: Gift certificates do not expire and can not be redeemed for cash value. When purchasing a gift certificate, and depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees to facilitate the transaction. Regardless of the currency used at purchase, all gift certificates are transmitted to the receiver in USD, and all Services are purchased in USD. 

6. DELIVERY OF DIGITAL PRODUCTS AND SERVICES: After making a purchase through Pilatesology, You will be able to access Services from your Account and/or via the email confirmation. All material related will be password protected.  
7. PERSONAL RESPONSIBILITY, DISCLAIMERS, RELEASE OF CLAIMS: You understand that physical exercise associated with the Services can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily assume all risks, known or unknown, associated with your use of the Service (collectively “Your Participation”). You acknowledge that Your Participation may present certain risks, and hereby assume all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below). You further acknowledge that the Services offered by Pilatesology are not medical advice and no medical advice is contained within the Sites or Services. You understand and agree that the Services are designed for strictly educational and informational purposes only.

You understand and are aware that strength, flexibility, and aerobic exercise, including the use of exercise equipment while largely beneficial for your physical and mental wellbeing, are also potentially hazardous activities, more so in an online training environment. You will use all reasonable efforts to ensure your own physical safety. You shall comply with all stated and posted safety rules, as well as verbal instructions given to you by a Pilatesology instructor. You also understand that equipment used in fitness instruction can be dangerous if used improperly. You further agree that Pilatesology is not responsible for any injury You sustain due to defects or damages in your personally owned equipment used while under the operation of Pilatesology. You also understand that fitness activities involve the risk of injury, and that You are voluntarily participating in these activities, and using equipment, knowing the dangers involved. You agree to assume full responsibility for all injuries which are sustained or aggravated by You in relation to the Services.

You declare yourself to be physically sound enough to participate in a workout with Pilatesology and, if applicable, You have been cleared by a medical professional to begin, or continue participating in, physical activities, such as strength training. You have not been advised by a medical doctor to avoid physical activity similar to that of a Pilatesology workout and assume all responsibility and risk for participating in activities to which You have been advised against.

You hereby agree to voluntarily accept and assume all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation, You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Further You expressly agree to release and discharge Pilatesology and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and you agree to voluntarily give up or waive any right that You may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.

You agree that Pilatesology will not be held responsible in any way for the information that You request or receive through the Program and/or Services, nor will Pilatesology be responsible for how You use, apply, or engage with the information that You request or receive through the Program. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release Pilatesology, in their individual capacity and legal capacity, and each of the Released Parties from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against Pilatesology in the future that may arise from your participation in the Programs and Services, including all services and products, to the extent permitted by applicable law.

6.1 PRENATAL, PREGNANT, POSTPARTUM DISCLAIMER: You acknowledge and agree that participation in any exercise program, while pregnant or immediately following a pregnancy, may increase the risk of injury to yourself, and if applicable, your unborn child. You confirm that You have consulted with your doctor, midwife, or other healthcare provider, regarding your participation in an exercise regimen and the risks that You may encounter; they have given You permission to participate in a Service.

You understand and agree that the intensity of your participation in an exercise program, and the exercises performed, must be determined by You, in consultation with your healthcare provider. Even during any workout series tailored to pregnancy or postpartum, Pilatesology is not responsible for the intensity or scale or your participation. You agree to discontinue exercises immediately should your medical condition change  (ex: pain, bleeding, discharge, cramps) and speak with your healthcare provider immediately before resuming any exercise.

In participating in a Session with Pilatesology pregnant or immediately following a pregnancy, whether knowing or not, You assume all associated risks to yourself, and if applicable, your unborn child and release Pilatesology per the terms of this Agreement and Section.

6.2 NO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the Programs and Services can be subjective and vary greatly depending upon circumstances and individual effort invested in the Program process. Enrollment in the Programs and Services do not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that Pilatesology makes no guarantee, representation or warranty of any nature or kind that this Program will be effective or will result in any particular outcome. You agree that You will not hold the responsible, in whole or in part, for any result that You do or do not achieve. 

7. USER CONDUCT: As a condition of your use of the Sites, you warrant to Pilatesology that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. Pilatesology specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Pilatesology.

You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Pilatesology. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.

8. MATERIALS PROVIDED TO PILATESOLOGY OR POSTED ON THE SITES: Pilatesology does not claim ownership of the materials You provide to Pilatesology (including feedback, comments, and suggestions in community boards) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission You are granting Pilatesology permission to use your Submission in connection with the operation of their business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Pilatesology is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Pilatesology. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

8.1 CONTENT: You agree not to utilize Submissions to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that:

• is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
• solicits personal information from anyone under the age of eighteen (18);
• provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities Including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
• involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
• Includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
• contains a virus or other harmful component.

8.2 RESPONSIBILITY FOR CONTENT: You, and not Pilatesology, are entirely responsible for all Content and Submissions that you post, email, transmit or otherwise make available via the Service. Pilatesology does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Pilatesology be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

8.3 REJECTION/REMOVAL OF CONTENT: Pilatesology shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, Pilatesology shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Pilatesology, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Pilatesology.

8.4 PRESERVATION/DISCLOSURE: You acknowledge, consent, and agree that Pilatesology may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Pilatesology, its Members and the public. Under no other circumstances will Pilatesology intentionally disclose your account information to any third party.

10. LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites may not be under the control of Pilatesology, and if not, Pilatesology is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pilatesology is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pilatesology of the site or any association with its operators.
11. INTELLECTUAL PROPERTY: The Services (including without limitation all programs, compiled binaries, interface layout, interface text, documentation, resources and graphics) are the sole and exclusive property of Pilatesology and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. Pilatesology retains all ownership and intellectual property rights to the Services, Program content, and materials provided to You through the Services and Programs, including all copyrights and any trademarks belonging to Pilatesology and related entities and individuals. The Program content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without our prior written permission.

10.1 COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by Pilatesology and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and Pilatesology may prosecute such misconduct to the fullest extent permitted by law.

10.2 TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Pilatesology or a use right has been granted to Pilatesology. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or because of your use of the Sites or Services. Without the prior permission of Pilatesology, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.

10.3 NO COMMERCIAL USE: The Service may not be used in connection with any commercial purposes, except as specifically approved by Pilatesology. Unauthorized framing of or linking to any of our Websites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of member privileges.

10.4  COPYRIGHT DISPUTE: Pilatesology has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website or with the Service. Pilatesology reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of Pilatesology or of a third party, or otherwise violated any intellectual property laws or regulations. Pilatesology’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Pilatesology to delete, edit, or disable the material in question, you must provide Pilatesology with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pilatesology to locate the material; (d) information reasonably sufficient to permit Pilatesology to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Pilatesology either by email, or by U.S. mail to our designated agent for notification of infringement.

11. LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PILATESOLOGY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

PILATESOLOGY MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PILATESOLOGY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF PILATESOLOGY FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PILATESOLOGY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PILATESOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

13. TERMINATION AND ACCESS RESTRICTION: Pilatesology reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. This includes access to an overall Service, like the Pilatesology, or an individual part of the Service, like the Pilatesology community boards.

14. PRIVACY POLICY: Pilatesology respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
    
15. INDEMNITY: You agree to defend, indemnify and hold harmless Pilatesology, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
16. GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of California, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of California, County of Los Angeles, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the Los Angeles Country, California.

Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pilatesology as a result of this agreement or use of the Sites. Pilatesology performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pilatesology right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Pilatesology with respect to such use. 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Pilatesology with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pilatesology with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Pilatesology related to the Program, Services, the Website, the Pilatesology brand, and your participation in all of the above. By entering into this Agreement, You give Pilatesology permission to email You, at the email address on file, regarding the same.

17. CONTACT: If you have any questions or concerns about this policy or any Services, products, or features, please don’t hesitate to contact us at: info@Pilatesology.com

 

PRIVACY POLICY 

Effective: December 2024

1. DESCRIPTION OF SERVICE: This Privacy Policy is intended to inform You, the user and client, about the “Personally Identifiable Information” (or “PII” interchangeably) and data gathered by Pilatesology, Inc.  (“Pilatesology,” “Us” or “We” interchangeably) when you use Pilatesology website, mobile applications, services and other distribution platforms (the “Sites”), how We collect your information, what information We collect, how We store your information, and to the degree your information may be used. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Pilatesology takes your privacy seriously. We do not rent, sell, or share your personal information with third parties, except as listed and described below.  

Our Sites and associated communications from Us may contain links to third-party sites, which are not subject to this Privacy Policy. We recommend that You read the privacy policy of any such sites that you visit. This Privacy Policy applies only to the Sites, as owned, and operated by Pilatesology. 

Please read our privacy policy carefully to get a clear understanding of how we collect, use, store, protect, or otherwise handle your PII in accordance with our website.

1.1 CONSENT: By visiting our Sites, You are consenting to the information collection, use, and sharing practices described in this Privacy Policy, as modified from time to time by us. If, for any reason, You do not agree with the content of this Privacy Policy, please stop using the Services and Sites. To access certain functionalities of the Sites, You will be required to register by providing certain information. 

1.2 WHAT THIS PRIVACY POLICY DOES NOT ADDRESS: This Privacy Policy does not address the data management process and policies of, and information usage policies of, other sites and/or integrations of which the Sites may be linked to, or on which a Pilatesology service utilizes. Furthermore, this Privacy Policy does not address the data management practices and policies of, and information usage policies of other sites to which the Site may link or integrate with, as it relates to those third-party site’s compliance with federal laws and regulations. 

2. DATA COLLECTION & USE: We only collect the personal data that You choose to provide during your registration process. As part of the registration process to use Pilatesology services You need to provide Us with your full name, billing and mailing addresses, email address, phone number, and billing information, including payment processing data, and account information. You may elect to not provide any of the above information, but You will then not be able to use Pilatesology Sites, services, or certain features.

2.1 CHILDREN’S DATA: The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If You are the parent or guardian of a child who has provided us with their personal information, You may contact us using the contact details set out below to request that it be deleted. As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

3. INFORMATION AND ANALYTICS WE COLLECT: The information We collect from visitors to our Sites depends on how You chose to interact with us through the Sites. For example, You may browse the Sites without providing personal information; however, using our full range of services involves providing personal information. 

For purposes of this Privacy Policy, “Personal Information” is information that can be used to identify You, such as your name, address, email address, or billing information. When You register with Us and sign into our Sites, You are not anonymous to Us.

We collect and store certain information about your interaction with Pilatesology websites and services, including cookies, IP Addresses, browser type, device type, location, Internet service provider (ISP), entry and exit pages, operating systems, time/date stamps, and other related data. Pilatesology uses this information, only to improve the quality of our services and products. 

The following is a list of types of information we may collect and ways in which it is collected:

• Identity Data You Provide. When You sign up for a service that requires registration or payment, We ask you for Personal Information including your name, birth date, gender, email address, and billing address You chose to share with Us. We also collect information You provide when requesting a service, and this information may, among other things, include personal information or reveal details about your preferences. We typically store and maintain the information collected
• Content and Device Data: We collect information regarding what content is stored on your mobile device, the details of your mobile device, and your mobile operating system.
• Financial and Transaction Data: We collect information regarding your payment methods and details of other services You have purchased from Us, but do not store payment information.
• User Generated Content: When You post product review or share other user generated content across channels, it will be public and accessible by anyone. 
• User Communications. When You send email or other communications to Pilatesology, including customer support. We retain those communications to process your request and improve our service.
• Logged Information: We automatically collect and store some information that You do not actively provide, such as your internet protocol (IP) address, software, and hardware attributes such as your browser type, the date and time of your visit, and the last website you visited prior to visiting the Sites. This information is used to enhance the services We provide to You.  
• Location Data: We collect location data, including your current location as disclosed by GPS technology. 
• Cookies. When You visit the Sites, We send one or more cookies (that is, small text files providing information about your interactions with the Services) to your computer that uniquely identifies your browser. Most browsers are initially set up to accept cookies, but You can change your browser’s settings to refuse all cookies or to indicate when a cookie is being sent. Cookies may contain account information such, but not limited to: may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services, and your username and password if You opt in to the automatic login option.  Note that if You choose to decline cookies via your browser, You will have some limitations in using Pilatesology services. Additionally blocking Cookies may not completely prevent how we share information with third-parties such as our advertising partners.  For further information about Cookies that We use related to powering our app, see below. 
• Other Internet Technology. We may use other technology, such as pixel tags and web beacons, to track use of our Sites. We may also include web beacons in email messages, newsletters, or other communications to determine whether messages have been opened and acted upon.

Pilatesology notes that We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We also do not allow third-party behavioral tracking.

4. HOW WE USE THE INFORMATION WE COLLECT: In general, Pilatesology and third-party hosting app, VidApp, uses personal and other information collected through the Sites to fulfill your requests for services, contact you, customize content, and improve our services. More specifically, We use personal and other information as follows:

• Provide Services. Personal and other information is anonymously shared with our selected suppliers, service providers and partner sites in connection with providing services to you. For example, We may provide such information to third parties in connection with operating and maintaining the Sites, fulfilling your requests for services, processing credit card payments (if applicable), performing business and sales analysis, and offering contests or conducting surveys. 
• Communicate. We use your personal information to communicate with You generally, for example to respond to a query from You, or to provide You with updates or information concerning our services or the services of other companies that We believe You may be interested in. For information regarding opting out of some of these communications, please see “Your Choices” below.
• Improve Usability. We use cookies to improve the quality of our service by storing user preferences and tracking user trends, such as how people use the Sites. We also use other Internet technology, as described above under “Information We Collect.”
• Complying with the Law: We disclose personal and other information if We have a good-faith belief that the disclosure is reasonably necessary to comply with the law, legal process or an enforceable government request; to enforce applicable terms of use for our services; to detect, prevent or otherwise address illegal activity, fraud, or security issues; or to protect the property or safety of our users, Pilatesology, or the public as required or permitted by law.
• Business Transaction: We may disclose your personal data to third parties in the event (1) We sell or buy business assets, and/or (2) if the hosting platform is acquired by a third-party, at which point We  may disclose your personal data to the prospective seller or buyer as part of the transaction.
• Marketing: We may use your personal data to contact You about our latest news, our products, and/or our Services (as further defined in the Terms of Service). You will receive marketing communications from Us if You have (1) subscribed to receive marketing communications from Us, or (2) purchased our Services and You have not opted out of receiving that marketing when You provide us with your email address. Note: to unsubscribe from marketing emails You may click the ‘unsubscribe’ link at the bottom of any marketing email.

5. HOW LONG WE KEEP YOUR PERSONAL DATA: We will hold your personal information on our systems only for as long as required to provide You with the services you have requested, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.  We may retain your personal data for a longer period in the event of a complaint or if We reasonably believe there is a prospect of litigation in respect to Our relationship with You. In some circumstances (1) You can ask us to delete your data: see ‘Your Choices below for further information; or (2) We may anonymize your personal data (so that it can no longer be associated with You) for research or statistical purposes, in which case We may use this information indefinitely without further notice to You.

6. YOUR RIGHTS AND CHOICES: As a user of the Sites, You have the following options:

• Account Review. If you have an account with Us, You can review, update, and/or correct your account information (such as your name and contact information) online by making the appropriate selections or changes. We make good faith efforts to provide You with access to your personal information and the ability to correct the information if it is inaccurate or to delete it at your request (if it is not required to be retained by law or for legitimate business purposes). We require users to reliably identify themselves and the information they wish to access, correct, or remove before processing these requests, and We may decline to process requests that We believe in good faith are unreasonable or unduly burdensome (such as requests that are repetitive, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical to satisfy).
• Service Review. You can add, edit, pause, or remove services that You have subscribed to by logging into the Sites.
• Deactivate Account. You can deactivate your account with Us at any time by making the appropriate selections. If You deactivate your account and later wish to reopen it and again receive services from Us, You may be required to re-enter your account information and re-subscribe to any services you wish to receive. However, if You deactivate your account, We may retain certain information associated with your account for record keeping. Further, We generally do not remove information that You have made publicly available, and information that has already been provided to third parties as described in this Privacy Policy may be retained by those third parties and will be subject to their policies, and not this Privacy Policy.
• Delete Information. You have the right to request that we delete personal information we maintained about You. 
• Opt-Out. If We propose to use personal information for any purposes other than those described in this Privacy Policy, We will offer You an effective way to opt out of the use of personal information for those other purposes. We do reserve the right to contact you on matters that We believe in good faith to be urgent or of particular importance even if You opt out from other communications, but these would not include marketing communications. You can exercise that right by contacting us at Info@Pilatesology.com 

7. EMAIL NOTICES: When You register to use Pilatesology services or by purchasing any products from a vendor using Pilatesology services, your email will automatically be listed in the Pilatesology mailing list. You will receive welcome information, account information, and other marketing related information related to Pilatesology services and the products you viewed and purchased. You may also receive periodic emails from us notifying you of new features, products, titles, and other related information for Pilatesology services.

You may choose to opt out of receiving emails from Pilatesology, but if You choose to do so, You may not receive technical support requests, account updates and notifications, product updates, security updates or updates to the Terms of Services of Pilatesology as well as updates to Privacy Policy of Pilatesology.

8. BUSINESS TRANSITIONS: In the event Pilatesology goes through a business transition, such as a merger, acquisition by or with another company, including partial or all assets, any personally identifiable information We have on record will likely be transferred with the transition. 

9. SECURITY: We employ and protect all data with SSL encryption and other security measures to ensure you that your data is protected and safe. However please be advised that while we take extra measures to protect your data and integrity of your information, We cannot guarantee that our security measures will prevent unauthorized access from occurring on either the user end, or the hosting platform end. We strongly suggest You take the proper steps to maintain the security of your account information. We highly recommend that you set a secure password for your registered account with Pilatesology to ensure others from easily guessing your password.

At any time if You forget your account information, You may log back onto the Pilatesology website and click forgot login on the login area screen, a password reset link will be emailed to You with further steps to reset your account info.

10. CHANGES TO OUR PRIVACY POLICY: We may update this Privacy Policy from time to time. As You are a registered Pilatesology user, We will attempt to inform You of any material changes by email. Otherwise, please check back frequently on the website for the latest and most updated privacy policy posted. Pilatesology provides You with the opportunity to review, remove and modify any personal information that You provided previously under the Data Protection Act 1998, please contact Us directly by email to make changes to your personal information. You may also update your personal information by logging into your Pilatesology account and updating your details by clicking your username at the top right of the page then clicking Settings.

11. GOOGLE: We use Google AdSense Advertising on our Website. Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:

• Google Display Network Impression Reporting
• Demographics and Interests Reporting

We, along with third-party vendors such as Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

10.1 OPTING OUT: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

11. CALIFORNIA ONLINE PRIVACY PROTECTION ACT (CALOPPA): CalOPPA requires commercial websites and online services to post a Privacy Policy. According to CalOPPA, we agree to the following:

• Users can visit our site anonymously.
• Once this Privacy Policy is created, We will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
• Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
• You can access and change your personal information by logging in to your account

12. CHILDREN ONLINE PRIVACY PROTECTION ACT (COPPA): Pilatesology complies with Children’s Online Privacy Protection Act.  We do not specifically market to children under the age of 13 years old, but We do offer certain material that can be intended for children and teens under the age of 18.  If you are under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use.  

BY REGISTERING AS A USER OR VISITING THE WEBSITE, YOU REPRESENT TO PILATESOLOGY THAT YOU WILL USE THE WEBSITE ONLY IN CONJUNCTION WITH, AND UNDER THE SUPERVISION OF, YOUR PARENT OR GUARDIAN WHO HAS AGREED TO THE TERMS OF USE. If you do not meet the requirements above you may not use the Website. You represent that the information that you provide about yourself (including your age) as requested in any account information is accurate and complete.

The Website offers many features that do not require a child to provide any personal information. Pilatesology collects only limited personal information from children under the age of 13 (such as their email addresses) to respond to their online requests, or for the purpose of billing through parents, for example. The information is promptly deleted from our system once the communication with the child has taken place. Pilatesology will not collect more detailed information from a child under the age of 13, such as a street address or telephone number, without the express consent of a parent or legal guardian. At times We may ask a child to provide an e-mail address of a parent or legal guardian so we can notify the parent of the child’s participation in certain Pilatesology features, or to seek parental consent for the child to provide personal information to Pilatesology.

Personal information collected from children with parental consent is used solely by Pilatesology, or other related entities that provide technical or other services to Pilatesology. Personal information collected from children with parental consent is not shared with, sold, or transferred to third parties other than those entities.

Pilatesology may offer features or programs that will require parents to provide credit card information as a method of verification of parental consent when children provide personal identifying information, or participate in such features or programs.

Pilatesology will not condition a child’s participation in an activity or site feature on the child’s disclosure of more personal information than is reasonably necessary to participate in an online activity.

Parents or guardians of children under the age of 13 who provide personal information to Pilatesology can correct, update and delete personal information from our database at any time by sending an e-mail to Info@Pilatesology.com  or by visiting the Web site and editing your account in the “my Account” sections of the site.

12.1 NOTE TO PARENTS: Pursuant to 47 U.S.C. Section 230(d), as amended, We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at web sites such as Consumer Search HERE

For more information please see the Children’s Online Protection Privacy Act and/or visit: http://onguardonline.gov/articles/0031-kids-privacy.

13. FAIR INFORMATION PRACTICES: To be compliant with the Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify the users via in-site notification within 7 business days.

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

14. CAN SPAM ACT: The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.

15. TO UNSUBSCRIBE: If at any time you would like to unsubscribe from receiving future emails, you can email us at: info@pilatesology.com OR follow the instructions at the bottom of each email.

16. CONTACT INFORMATION: If You have any questions or concerns about this policy or any Pilatesology services products, services, or features, please don’t hesitate to contact us at 

Pilatesology.com

1038 Aviation Blvd

Hermosa Beach, California 90254

Info@Pilatesology.com