Terms of Service

HOMEBODIE PILATES INC. TERMS AND CONDITIONS OF USE

Last Updated: [March, 2, 2026]

Acceptance of the App Terms and Conditions of Use
1. These terms and conditions of use for www.homebodiepilates.com (the “Site”) and any of our mobile applications (the “Mobile Applications”) and related services including any new features and applications, constitute a legal agreement and are entered into by and between you and Homebodie PIlates Inc. dba Homebodie Pilates (“Company,” “we,” “us,” “our“, “Homebodie”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions“), govern your access to and use of, including any content, functionality, and services offered on or through www.homebodiepilates.com and on any of our Mobile Applications and related services (the Site, Mobile Application, and any related services including any new features and applications collectively referred to as the “App“).
2. BY ACCESSING, BROWSING OR USING THE SITE OR APP OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH ` TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT https://homebodiepilates.com/privacy-policy/, INCORPORATED HEREIN BY REFERENCE.
3. By using this App, you represent and warrant that you are of the legal age of majority or are accessing the App under the supervision of a parent or legal guardian under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.
Modifications to the Terms and Conditions and to the App
1. We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the App. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
2. The information and material on this App may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is restricted to users or unavailable at any time or for any period.
Your Use of the App and Account Set-Up and Security
1. The Company service, and any content viewed through our service, is solely for your personal and non-commercial use. With your purchase we grant you a limited, non-exclusive, non-transferable, license to access and view the Company content through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Company may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content obtained through the App, as well as copies of such materials, whether made in accordance with these Terms and Conditions or otherwise.
2. The App may include certain services that are available via a mobile device, including (i) the ability to upload content to the App via a mobile device, (ii) the ability to browse and access the Site from a mobile device and (iii) the ability to access certain features through a Mobile Application (collectively, the “Mobile Services”). To the extent you access the App through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number or email address. By providing your telephone number and/or email, you consent to receive calls and/or SMS, MMS, text messages, or emails at that number or email address. We may share your phone numbers or emails with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms and Conditions, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or pre-recorded calls, push notifications, text messages, and emails as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
3. The security of your personal information is very important to us. We use commercially reasonable physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
4. The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the App. Users are required to ensure that all persons who access the App through a user’s internet connection are aware of these Terms and Conditions and comply with them. The App, including content or areas of the App, may require user registration. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete.
5. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App.
6. We do not provide any guarantees about your ability to access the App at any time. While we make best efforts to maintain the App and make it available to you, we do not have any control over things such as network outages, servers going down, your mobile/web access to the App through your relevant service provider, and any other relevant technical or network issues. Your inability to access the App at any time for any period shall not entitle you to any refunds, damages, or compensation of any kind.
7. Your provision of registration information and any submissions you make to the App through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://homebodiepilates.com/privacy-policy/.
8. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
9. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
10. You are prohibited from attempting to circumvent and from violating the security of this App, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting App owner’s ability to monitor the App; (f) using any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the App.
Fees, Subscriptions, Purchases, Cancellation, and Refunds
1. To the extent a service or any portion thereof on the App is made available for any fee, you will be required to select a payment plan published on the App and provide Company information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and these Terms and Conditions. You hereby authorize Company to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. We reserve the right to change Company’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all applicable sales taxes associated with the payment plan and fees as published.
2. All monthly or annual payment plans automatically include an auto renewal feature (“Recurring Subscription”), you authorize Company to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Company is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Company, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. We rely on our payment processors to securely store your credit card and bank information and we are not responsible for any cyber or data breaches of your credit card and/or banking information.
3. Company may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
4. Payments are fully non-refundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. In the event that you select to upgrade your subscription to a higher tier, the higher tier price will be charged immediately and the higher tier plan will be available to you immediately as well. All upgrades may be made by logging into your account through our Site.
5. If you subscribed on our Site, you can login to your account, and follow the process for cancelling or deactivating your account.
6. Payments shall also be subject to the terms and conditions of the payments processor being used by the Company at the time of any such payments.
7. Additional terms and conditions may be applicable to parts or features of this App and are hereby incorporated by reference into these Terms and Conditions.
Intellectual Property Rights and Ownership
1. You understand and agree that the App and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, App layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. You may only access the content on our site via the App and may not download any copies of it in any manner whatsoever.
2. The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. Other than sharing links to our App on your social media or sharing via other electronic communication channels for the purpose of informing others about the App, you must not use such marks without the prior written permission of the Company. Unless a specific feature within the App allows you to share portions of the content to social media or other communications channels, you must not share any of the content within the app in any public forum and you may not use any features such screen recording or content capture mechanism to store offline version of our content. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
3. You may only use the App for your personal and non-commercial use. You shall not directly or indirectly reproduce, download compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, in any form or medium whatsoever except:
4. Your computer or mobile device browser, or the Mobile Application, may temporarily store or cache copies of materials being accessed and viewed;
5. In the event any social media platforms are linked to certain content on our App, you may take such actions as our App and such third-party social media platforms permit.
6. Users are not permitted to modify copies of any materials from this App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App. You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.
7. If you print off, copy, or download any part of our App in breach of these Terms and Conditions, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the App or to any content on the App, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
8. All data provided to us through the App is property of the Company, and to the extent permitted by law, we may sell that data to third-parties for commercial purposes without your express consent.
Conditions of Use and User Submissions and Site Content Standards
1. As a condition of your access and use of the App, you agree that you may use the App only for lawful purposes and in accordance with these Terms and Conditions.
2. The following site content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the App or to other users or persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
3. Without limiting the foregoing, you warrant and agree that your use of the App and any User Submissions shall not:
  1. 1. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
    2. In any manner violate the terms of use of any third-party website that is linked to the App, including but not limited to, any third-party social media website.
    3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion.
    4. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
    5. Involve, provide, or contribute any false, inaccurate, or misleading information.
    6. Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and User Submissions and Site Content Standards.
    7. Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
    8. Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
    9. Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
    10. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
    11. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    12. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
User Submissions: Grant of Licence
1. The App may contain Interactive Functions allowing User Submissions on or through the App.
2. None of the User Submissions you submit to the App will be subject to any confidentiality by the Company. By providing any User Submission to the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
3. By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and] our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Conditions of Use and User Submissions and Site Content Standards set out in these Terms and Conditions.
4. You understand and agree that you, not the Company nor Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors] are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the App.
Site Monitoring and Enforcement, Suspension, and Termination
1. Where applicable, Company has the right, without provision of notice to:
  1. Remove or refuse to post on the App any User Submissions for any or no reason in our sole discretion.
  2. At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.
  3. ake appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the App. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App.
  4. Terminate or suspend your access to all or part of the App for any or no reason, including, without limitation, any violation of these Terms and Conditions.
  5. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
  6. We have no obligation, nor any responsibility to any party to monitor the App or its use, and do not and cannot undertake to review material that you or other users submit to the App. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
No Reliance
1. The content on our App is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
2. Although we make reasonable efforts to update the information on our App, we make no representations, warranties, or guarantees, whether express or implied, that the content on our App is accurate, complete, or up to date. Your use of the App and the content within it is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this App, including but not limited to any injury or death which may occur from you following and/or attempting any training instructions or exercise videos and/or content available on our App. All activities and training you conduct while watching any of our content and/or videos is completely at your own risk.
3. This App may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
4. Company does not provide medical advice. Company only provides general information and instruction classes regarding health, wellness, and physical exercise through the App. You acknowledge and agree that the App is not intended to be, and will not be used as, a substitute for medical treatment by a health care professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and beginning any exercise, training or athletic program, including but not limited to Homedbodie pilates, yoga, and/or any other Homebodie fitness classes. Homebodie is not responsible for any medical or health problems that may result from your engaging in any activities described on this App or from any information you obtain from this App. If you ever feel discomfort or pain, you should not continue. Follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors will not be liable for any injury, loss, or damages arising from you following or imitating any training, coaching, exercise, health, wellness, and/or physical exercise content or classes available on the App.
Privacy
1. By submitting your personal information and using our App, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the App and provision of services.
  b. By using this App you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website and mobile device use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the App may not function adequately.
Third-Party Apps
1. For your convenience, this App may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this App. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
2. Such links to third-party sites from the App may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this App. You may only use these features when they are provided by us and solely with respect to the content identified.
3. Our App must not be framed on any other site, nor may you create a link to any part of our App other than the homepage. We reserve the right to withdraw linking permission without notice.
Geographic Restrictions
1. The owner of the App is based in the Province of Ontario in Canada. If you access the App from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Disclaimer of Warranties
1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
2. NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE APP OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA INTERNET OR THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE APP AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.
4. WE MAY OFFER CERTAIN PHYSICAL GOODS AND/OR PRODUCTS (“GOODS”) FOR SALE THROUGH THE APP. WE DO NOT MANUFACTURE OR CONTROL ANY OF THE GOODS OFFERED THROUGH THE APP. THE AVAILABILITY OF GOODS THROUGH OUR SITE DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY GOOD AND/OR MANUFACTURER. ACCORDINGLY, WE DO NOT PROVIDE ANY CONDITIONS OR WARRANTIES WITH RESPECT TO THE GOODS OFFERED ON OUR APP.
5. ALL GOODS SOLD THROUGH THE APP ARE FINAL SALE WITHOUT REFUNDS. WHILE WE MAY MAKE EFFORTS TO ASSIST, ALL RISK OF TITLE TO ANY GOODS TRANSFERS TO YOU ONCE THE ITEM IS SHIPPED BY ANY SHIPPING AGENT, AND UNLESS THE MANUFACTURER PROVIDES ANY LIMITED WARRANTY IN THE PACKAGING, THE GOODS ARE SOLD WITHOUT WARRANTY.
6. ALL GOODS OFFERED THROUGH THE APP OR THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Limitation on Liability
1. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, INCAPACITATION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, CYBERSECURITY BREACHES, OR DAMAGE TO ANY REAL OR TANGIBLE PERSONAL PROPERTY WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, VIEWING AND/OR IMITATION OF ANY TRAINING AND/OR EXERCISE CONTENT AVAILABLE ON THE APP OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE APP, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
2. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (CAD $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Indemnification
1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the App, including, but not limited to, your User Submissions, third-party sites, any use of the App’s content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Choice of Forum
1. The App and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
  b. Any action or proceeding arising out of or relating to this App and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Waiver
1. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
18. Severability
1. If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
1. The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Reporting and Contact
1. This App is operated by Homebodie Pilates Inc. dba Homebodie Pilates, Toronto ON, Canada.
  b. All notices of copyright infringement claims should be sent to: hello@homebodiepilates.com.
  c. Should you become aware of misuse of the App including libelous or defamatory conduct, you must report it to the Company at hello@homebodiepilates.com.
  d. All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to hello@homebodiepilates.com.

END OF TERMS AND CONDITIONS