TERMS OF USE
PLATFORM TERMS AND CONDITIONS
VERSION 1.0 – 01SEP2021
SCOPE
These terms and conditions (“Terms“) apply to the usage of the website http://incorpo studiostudio.com/ and any affiliated sites, digital services, or applications on which a link to these Terms appears (together the “Platform“) and which are operated by eDemos SARL (“incorpo studio “, “we“). By accessing the Platform, you (“User“, “you“) accept these Terms.
If you do not agree to these Terms, you shall not visit, use, or access the Platform. These Terms incorporate by reference incorpo studio’s privacy policy (“Privacy Policy“) which can be found here.
We reserve the right to change these Terms at any time, and by using this Platform you are expected to review such Terms on a regular basis.
SERVICE
Incorpo studio is a provider of a fitness community platform (the “Services“) which consists of:
∙ general fitness information in form of video, graphical, text and other content (the “incorpo studio Content“), and
∙ a marketplace where you can book online video classes and other services (“Live Sessions“) of selected, independent expert service providers (the “Coaches“).
The content of the Platform and the Services provided by incorpo studio is for general informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind.
If you have questions or concerns regarding your medical condition, you should always seek the advice of a qualified health care professional.
USER ACCOUNT & MEMBERSHIP
If you want to use all our Services or book Live Sessions, you need to create a user account (the “User Account“).
In your User Account, you can gain access to incorpo studio Content, book Live Sessions with Coaches and enter into the relevant contract with the Coaches through the Platform. While creating your User Account, you accept the present Terms. By ticking the ‘I Agree’ box, you agrees that you have read, understood, and agreed to be bound by these Terms.
Upon creation of the User Account, we will explain you which Service options are available to you. You can also find a description of our Services options in-app, and on our landing page.
We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your registration or in other communications made available to you.
We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through our Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
MEMBERSHIP FEE
Your payment to us based on your selected membership subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period, via your Profile settings in-app. The cancellation will take effect the day after the last day of the current subscription period. If you cancel your payment or Services and/or object to the Terms before the end of the current subscription period, we will not refund any subscription fees already paid to us.
We may change the price for the subscription from time to time and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with a price change, you can reject the change by unsubscribing from the subscription prior to the price change going into effect.
LIVE SESSIONS
The Platform includes a marketplace to book Live Sessions with selected Coaches. Such Coaches are independent service providers and incorpo studio is not part of your agreement with the Coaches.
If you book Live Sessions with the Coaches via the Platform, you can pay all Live Sessions via the provided payment solutions of the Platform.
Unless otherwise stated, our marketplace services regarding Live Sessions are free of charge to you. You pay the applicable amount to the Coaches as stated in the respective offer (and, if not already included in the price, applicable taxes, duties and fees).
Coaches may pay a commission on the product price to incorpo studio after you have paid for the product.
COACHES
Coaches are independent service providers, hand-picked by incorpo studio for their expertise.
The Services provided by the Coaches are for general informational purposes only and do not constitute professional medical advice, diagnosis, treatment or recommendations of any kind.
As experts, Coaches are required to comply with all applicable professional rules as well as the applicable laws at the place they offer their services from.
In case a Coach does not comply with such professional rules or applicable laws, the Coach is solely responsible and has to indemnify incorpo studio for all incurred costs and damages related to such non-compliance.
If you have questions or concerns regarding your medical condition, you should always seek the advice of a qualified health care professional.
RESTRICTIONS
A condition for opening a User Account and using our Services is that you are at least 18 years of age and have full legal capacity.
In addition to other restrictions set forth in these Terms, you are expressly restricted from all of the following:
1. Copying, reproducing, modifying, selling, sublicensing, and/or otherwise commercializing any part of the Platform or the content thereon, whether licensed by us or otherwise;
2. Removing, altering, bypassing, or interfering with any copyright, trademark or other proprietary notices marked on the Platform or the content contained thereon;
3. Using this Platform in any way that is, or may be, damaging to this Platform;
4. Using this Platform in any way that impacts visitors’ access to this Platform;
5. Using this Platform contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Platform, or to any person or business entity;
6. Introducing viruses, worms, Trojan horses or other malware or software agents, whether harmful or not;
7. Engaging in any data mining, data harvesting, data extracting, scraping, or any other similar activity in relation to this Platform, or while using this Platform;
8. Accessing the Platform via any automated system, including, without limitation, spiders, offline readers, robots etc., or taking any action that may impose an unreasonable load on our infrastructure;
9. Using the Platform to collect any personally identifiable information, including but not limited to contact information;
10. Bypassing the measures that we may use to prevent or restrict access to or use of the Platform, including by hacking into secured areas of the Platform, circumventing any geo-blocking mechanisms or otherwise;
11. Attempting to reverse engineer any part of the Platform, derive the source code, or create any derivative works or materials of any kind using the content available on the Platform.
NO WARRANTY & NO LIABILITY
The Platform, together with all content, data, information and materials contained therein, is provided ‘as is’ and ‘as available’, without warranties or representations of any kind. The Platform may contain statements that constitute “forward looking statements”. Incorpo studio is under no obligation to update or alter its forward-looking statements whether as a result of new information, future events, or otherwise and makes no warranty regarding the accuracy of such statements.
We make no warranty regarding the quality of the Coaches, and the services they provide during the Live Sessions.
To the extent permitted by applicable law, the liability of incorpo studio’s or our affiliates, or any of our directors, employees, contractors, service providers or agents is excluded.
You agree to fully indemnify incorpo studio from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
INTELLECTUAL PROPERTY
Incorpo studio and its licensors own and retain all right, title, and interest in all information and content (including all videos, text, data, graphics and logos) on the Platform. You shall not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way, whether in whole or in part, any information, text, graphics, images, video clips, directories, databases, data, listings or software obtained from the Platform for commercial or public purposes, without our prior written permission. Systematic retrieval of content from the Platform for any purpose is prohibited without our prior written permission is strictly prohibited.
You are granted a limited license only, subject to the restrictions provided in these Terms, for the purposes of viewing, using, and accessing this Platform.
LINKS
This Platform may contain third party content or links to third party websites. We do not assume any responsibility for and do not make any warranties or representations as to, any third-party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness.
SEVERABILITY CLAUSE
If any provision of these Terms (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain mutatis mutandis in full force and effect.
CONFLICT WITH ADDITIONAL TERMS
Certain web pages or areas on the Platform may contain additional terms. In case of a conflict between these Terms and any such additional terms, the additional terms shall prevail.
GOVERNING LAW & JURISDICTION
These Terms are governed by Swiss law and you agree to the exclusive jurisdiction of the courts of the city of Zürich, Switzerland.
