View our previous Membership T&Cs, effective until December 18 2022 here

View our previous Membership T&Cs, effective until May 29 2022 here

View our previous Subscription Terms & Conditions, effective until April 20 2022 here

Effective as of December 19, 2022

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

WHEN YOU SUBSCRIBE TO THE FITURE SERVICE FOR THE COMMITMENT PERIOD (AS DEFINED BELOW), YOUR MEMBERSHIP 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 MEMBERSHIP PRICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR MEMBERSHIP IN ACCORDANCE WITH SECTION 3 BELOW.

1.  MEMBERSHIP 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 membership holder (the “Membership Holder”), who activates and pays the monthly membership fees for a membership.   

1.2. Memberships. By purchasing a Membership you will have access to Fiture's available classes, content, and features via the Product and the App, as applicable, to which your Membership is entitled, for as long as the Membership remains active. For clarity, Fiture may launch a Special Class Plan (as defined in 1.4 below) in the future, and the Special Classes will not be included in the basic Membership and must be purchased separately as described below.

1.3. Membership Coverage. The Household Accounts may have the same access to Fiture's content via the Fiture fitness mirror as the Membership 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 Membership in accordance with the Commercial Agreement will have the same access to Fiture's content via the Product as the Membership Holder for the Commercial Buyer. The Membership Holder will be solely responsible for all activity occurring under the Membership, including that of any individuals accessing and using the Membership under the Membership Holder’s Membership, and their compliance with the Agreement and the Household Members Management Rules.

1.4. Special Classes. You may be eligible to purchase Star Classes, one-on-one personal training sessions and other similar special classes (collectively, the “Special Classes”). If you purchase a Special Class, you will be charged a one-time fee for each Special Class you purchase. Special Class fees may vary in price depending on the type of fitness class package you purchased. For details, please refer to the instructions on the relevant page of Fiture’s website, App or other materials. Please confirm the type of fitness class package you need and the corresponding price before purchasing. Special Classes must be used within the specified time frame following payment (specifically subject to the instructions on the purchase page). After the validity period expires, regardless of whether you have used the Special Class, your payment is non-refundable. When purchasing a Special Class, 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 Class.

2. PAYMENT

2.1. Amount to be Charged.  Household Members agree to pay the Membership fee, specified when you purchased your Membership (plus any applicable taxes and other charges) now and on a monthly basis, in advance, for your Membership. Billing occurs at the beginning of the Commitment Period (as defined below) and provides access for one month thereafter.  IfIf 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 Membership reaffirms that we are authorized to charge you for that Membership. 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 Membership, 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 Membership and/or to place a hold on your payment method with respect to any unpaid charges for your Membership. 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 Membership 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 Membership 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 (e.g. 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 third-party provider for payment services to correct, any errors or mistakes, even if payment has already been requested or received.

2.4  Pausing your Fiture Membership.  We understand that you may need to pause your Membership for a short time due to traveling, injury, illness, relocation, pregnancy, or any other reason, and you can pause your Membership for 1, 2, or 3 months. The pause will start at the end of your current billing cycle and will be paused in full-month increments. While your Membership is paused, you will not be billed and during this pause your access to live or on-demand classes will not be available. At the end of your designated pause, your Membership will automatically reactivate and your new billing cycle will start from the reactivation date. You can resume at any time. Pausing your Membership is only available 30 days after the initial activation of your Membership. You may only pause your Membership once every 12 months. To pause or resume your Membership access your profile within the Fiture App or on the Fiture website.

2.5. Other Offers. Fiture may offer additional promotions or discounts related to Memberships 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 Membership 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 Membership and will be charged in accordance with these Membership Terms and Conditions.

2.6. Bill Inquiries and Refunds.  If you believe you have been billed in error for a Membership, please notify us within 30 days of the billing date by emailing support@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 Membership 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 Membership on the Fiture App or the Fiture website. You agree to maintain your Membership for the applicable Commitment Period. The price available with your plan is valid until the Commitment Period expires, at which time your Membership will automatically continue on a month-to-month basis at the then-current non-promotional price for your Membership level.

3.2. Auto-Renewal for Membership Services. YOU AGREE THAT, UNLESS YOU OPT OUT OF AUTO-RENEWAL, YOUR MEMBERSHIP 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 MEMBERSHIP.

Upon renewal of your Membership, 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 (4) times until payment is received (upon receipt of payment, the new Membership Commitment Period will start form the last date of the previous Membership Commitment Period), while if we do not receive payment after four attempts we may either terminate or suspend your Membership.

4. ACCOUT REGISTRATION

You can register by creating an account on the Fiture website, or the 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 CANCELATION OF MEMBERSHIP

5.1. Cancelation of Membership.  If you do not wish your Membership to renew automatically, or if you wish to change or terminate your Membership, access your profile within the Fiture App or on the Fiture website, where you can make these changes. If you need help making these changes, contact us at support@fiture.com. If you return your Fiture fitness mirror in accordance with the terms of the 30-Day or 60-Day Money-Back Guarantee, your Membership will automatically be canceled within 5-10 days of receipt of the returned Fiture fitness mirror and we will refund one-months’ Membership fee. Other prepaid amounts will not be refunded, except as otherwise required by applicable law. If you terminate your Membership during a period other than the 30-Day or 60-Day Money-Back Guarantee, you may use your Membership until the end of the Commitment Period or then-current term and your Membership 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 Membership fee paid for the Commitment Period or then-current term, and you will remain responsible for all outstanding Membership fees (if any) for the remainder of the Commitment Period or then-current term.

5.2. Suspension/Termination by Fiture. Fiture may immediately terminate or suspend your account, and all or a portion of your Membership, 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 Membership Terms and Conditions, the Terms of Service or any other Fiture rules or agreements then in effect.

5.3. Please note that if your Membership expires or is canceled or terminated, you (the Household Member) 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 Membership. If your Membership is expired, canceled 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 Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.

Fiture Holding LLC, New York, NY, USA.