Effective until April 20, 2022

By purchasing a Subscription you agree to the following terms and conditions (the “Subscription Terms”), which supplement and form a part of the FITURE’s Terms of Service (the "Terms of Service"). Capitalized terms used but not defined here have the meanings given to them in the FITURE’s Terms of Service.

WHEN YOU SUBSCRIBE TO THE FITURE SERVICE FOR THE COMMITMENT PERIOD (AS DEFINED BELOW), YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A MONTH-TO-MONTH BASIS AT THE EXPIRATION OF THE COMMITMENT PERIOD (AND EACH SUCCESSIVE MONTHLY PERIOD) AT FITURE’S THEN-CURRENT SUBSCRIPTION PRICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW.

1.  SUBSCRIPTION COVERAGE

1.1. Member. A “Member” is any individual who has a FITURE account for personal, non-commercial use. A “Household Member” contains a Primary Account(the “Primary Account”) and up to six(6) sub-accounts (the “Household Accounts”) in the same household, in which the Primary Account is also known as the Subscription Holder (the “Subscription Holder”), who activates and pays the monthly subscription fees for a Subscription.   

1.2. Subscriptions. By purchasing a Subscription you will have access to FITURE’s available classes, content, and features via the Product and the Application, as applicable, to which your Subscription is entitled for as long as the Subscription remains active. For clarity, FITURE will launch a Special Courses (as defined below) Plan in the future, and the Special Courses will not included in the basic Subscription and must be purchased separately as described below.

1.3. Subscription Coverage. The Household Accounts may have the same access to FITURE’s content via the Product as the Subscription Holder, FITURE may, in its sole and absolute discretion, change the number of Household Accounts. Alternatively, if you are a Commercial Buyer who has entered into a Commercial Agreement with FITURE, the users that you authorize to access and use the FITURE Service under your Subscription in accordance with the Commercial Agreement will have the same access to FITURE’s content via the Product as the Subscription Holder for the Commercial Buyer. The Subscription Holder will be solely responsible for all activity occurring under the Subscription, including that of any individuals accessing and using the Subscription under the Subscription Holder’s Subscription, and their compliance with the Agreement and the Household Members Management Rules.

1.4. Special Courses. You are eligible to purchase Star Course, one-on-one personal training sessions and other special similar courses (collectively, the “Special Courses”). You will be charged a one-time fee for each Special Course you purchase, and some Special Courses may have different price depending on the type of fitness course package you purchased. For details, please refer to the instructions on the relevant page of FITURE’s website, Application or other materials. Please confirm the type of fitness course package you need and the corresponding price before purchasing. Any Special Course must be used within the specified time frame after you have successfully paid for it (specifically subject to the instructions on the purchase page). It is recommended that you use it in time. After the validity period expires, regardless of whether you have used the Special Course, you have already paid is non-refundable. When purchasing a Special Course, you must confirm that we may use your previously authorized billing method or you must enter a new billing method. You hereby authorize us to charge your specified payment method in advance for each Special Course.

2. PAYMENT

2.1. Amount to be Charged. You agree to pay the Subscription fee(plus any applicable taxes and other charges) now and on a monthly basis, in advance, for your Subscription. Billing occurs at the beginning of the Commitment Period(as defined below) and provides access for one month thereafter. If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.

2.2. Billing Authorization. You may be asked to provide a payment method (such as the number of a credit, charge or debit card issued by any issuer accepted by us) that we accept in order to activate your Subscription, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis in line with your Commitment Period, in advance, for your Subscription and/or to place a hold on your payment method with respect to any unpaid charges for your Subscription. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Subscription Terms and Conditions shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that FITURE will not have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Subscription Terms and Conditions. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

2.3. Third-Party Payment Provider. You agree to pay us, through the third party provider for payment services (as Stripe, Inc. and its affiliates), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.

2.4. Other Offers. FITURE may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign up process will form part of these Subscription Terms and Conditions. Unless specified in writing, all discount offers that require a payment are non-refundable. Any trial use or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a trial use; in this case, if you do not cancel before your period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Subscription Terms and Conditions.

2.5. Bill Inquiries and Refunds. If you believe you have been billed in error for a Subscription, please notify us within 30 days of the billing date by emailing order@fiture.com. FITURE will not issue refunds or credits after the expiration of this 30-day period, except where required by applicable law.

3. COMMITMENT PERIODS; AUTO-RENEWAL

3.1. Commitment Period. When you first sign up for a Subscription you must agree to a specific price and plan, which may include a commitment period term of at least one month (“Commitment Period”). The Commitment Period commences on the day that you activate your Subscription on the mobile Application. You agree to maintain your Subscription for the applicable Commitment Period. The price available with your plan is valid until the Commitment Period expires, at which time your Subscription will automatically continue on a month-to-month basis at the then-current non-promotional price for your Subscription level.

3.2. Auto-Renewal for Subscription Services. YOU AGREE THAT, UNLESS YOU OPT OUT OF AUTO-RENEWAL IMMEDIATELY AFTER YOUR SUBSCRIPTION PURCHASE, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE EXPIRATION OF THE COMMITMENT PERIOD (AND EACH SUCCESSIVE MONTHLY PERIOD) ON A MONTH-TO-MONTH BASIS AT THE THEN-CURRENT NON-PROMOTIONAL PRICE FOR YOUR SUBSCRIPTION.

Upon renewal of your Subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that, in seven(7) days after the billing date, we can continue to attempt to charge your payment provider at least four times until payment is received(upon receipt of payment, the new subscription commitment period will start form the last date of the previous subscription commitment period), while if we do not receive payment after four attempts we may either terminate or suspend your Subscription.

 

4. ACCOUT REGISTRATION

You can register by successfully creating an account on the FITURE Site, or a FITURE App, as further described in FITURE’s  Terms of Service. All information that you provide must be accurate, including your name, address, credit, charge or debit card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to your account page. FITURE’s use of your information is governed by FITURE’s Privacy Notice. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROVIDERS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.

5. TERMINATION OR CANCELLATION OF SUBSCRIPTION

5.1. Cancellation of Subscription. If you do not wish your Subscription to renew automatically, or if you wish to change or terminate your Subscription, contact us at noreply@fiture.com or log in and go to the “My Subscription” page. If you terminate your Subscription during the Commitment Period or any then-current term, you may use your Subscription until the end of the Commitment Period or then-current term and your Subscription will not be renewed after the Commitment Period or then-current term expires. You will not be eligible for a prorated refund of any portion of the Subscription fee paid for the Commitment Period or then-current term, and you will remain responsible for all outstanding Subscription fees (if any) for the remainder of the Commitment Period or then-current term. Prepaid amounts will not be refunded, except as otherwise required by applicable law.

5.2. Suspension/Termination by FITURE. FITURE may immediately terminate or suspend your account, and all or a portion of your Subscription, without notice if:

a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend);

b) you provide false or inaccurate information;

c) you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or

d) if you engage in conduct that is threatening, abusive or harassing to FITURE employees, agents, or other FITURE users, including, for example, making threats to physically harm or damage property;

e) you violate these Subscription Terms and Conditions, the Terms of Service or any other FITURE rules or agreements then in effect.

5.3. Please note that if your Subscription expires or is cancelled or terminated, you and any Household Accounts may only have access to your previous workout history (including historical data, usage records, etc.) and no longer have access to all live and on-demand classes, and any other content or features associated with your Subscription. If your Subscription is expired, cancelled or terminated, FITURE reserves the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.