01Acceptance & eligibility
These Terms of Service (“Terms”) are a binding agreement between you and Sweatsonic Inc. (“SweatSonic,” “we,” “us,” or “our”) governing your use of our websites, apps, content, and services (the “Services”).
By creating an account, subscribing, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
You must be at least 18 years old and able to form a binding contract to create an account or purchase a subscription. A parent or legal guardian may agree to these Terms on behalf of a minor and is responsible for the minor's use. The Services are not directed to children under 13.
02The Services
SweatSonic provides music-driven fitness content, workout programming, personalized recommendations, and a marketplace connecting members with fitness creators. We may add, change, or remove features at any time. We may also set limits on use or restrict access to parts of the Services.
03Your account
You are responsible for the information you provide, for keeping your login credentials confidential, and for all activity under your account. Notify us promptly at sweatsonic@gmail.com of any unauthorized use. You agree to provide accurate information and to keep it current.
04Subscriptions, billing & automatic renewal
Some Services are offered on a paid subscription basis. Pricing, billing frequency, and features are shown at the point of purchase. Payments are processed by our payment processor (currently Stripe); by subscribing, you authorize us and our processor to charge your selected payment method.
Automatic renewal — please read
Your subscription automatically renews. Unless you cancel before the end of the then-current term, your subscription will automatically renew for successive periods of the same length, and your payment method will be charged the then-current renewal price at the start of each new term, until you cancel.
You may cancel at any time as described in Section 5. Where required by law, we will send you a renewal reminder and advance notice of any price change, and we will obtain your affirmative consent to these automatic-renewal terms before charging you.
We may change subscription prices; changes apply to renewal periods after we give you notice as required by law. Applicable taxes may be added. If a charge fails, we may retry or suspend access until payment is resolved.
05Cancellation & refunds
You can cancel your subscription at any time, through your account settings or by contacting sweatsonic@gmail.com — using a method at least as simple as how you signed up. Cancellation takes effect at the end of your current billing period, and you keep access until then.
Except where required by law or stated in a specific offer, payments are non-refundable and there are no refunds or credits for partial periods. 6Health & fitness disclaimer; assumption of risk
Important — your health & safety
SweatSonic provides fitness and wellness content for general informational purposes only. It is not medical advice and is not a substitute for professional medical care. Consult a physician before beginning any exercise program, especially if you are pregnant, have a medical condition or injury, or have any concerns about your ability to exercise safely.
By using the Services, you represent that you are in adequate health to participate, and you voluntarily assume all risks associated with physical exercise, including risk of injury, and, to the fullest extent permitted by law, you release SweatSonic and its creators from claims arising out of your participation. Stop immediately and seek medical attention if you experience pain, dizziness, or discomfort.
Recommendations, including AI-generated suggestions and custom programming, are general in nature and may not be appropriate for your circumstances. You are responsible for exercising within your own limits.
07AI features & generated content
Parts of the Services use artificial intelligence — for example, to suggest workouts, generate custom programming for individual users, and assist in editing certain workout thumbnails and media. AI outputs are generated automatically, may be inaccurate or incomplete, and are provided for your convenience without warranty. You should use your own judgment and, where appropriate, seek professional advice before relying on them. AI-assisted recommendations are not medical advice (see Section 6).
08Your content & license to us
You may upload or post content such as photos, videos, comments, and other materials (“User Content”). You retain ownership of your User Content. You grant SweatSonic a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt, display, and distribute your User Content as needed to operate, promote, and improve the Services, consistent with our Privacy Policy.
You represent that you own or have the rights to your User Content and that it does not violate any law or third-party right. We may remove content that violates these Terms. If you provide reviews or testimonials, they must reflect your honest, genuine experience.
09Acceptable use
You agree not to:
- Break the law or infringe others' rights (including intellectual property and privacy);
- Post false, misleading, harmful, harassing, or infringing content;
- Post fake or incentivized reviews, or misrepresent a connection to SweatSonic;
- Access the Services by unauthorized means, scrape data, or interfere with their operation or security;
- Reverse engineer, resell, or commercially exploit the Services except as expressly permitted; or
- Upload malware or attempt to gain unauthorized access to any account or system.
10Creator Marketplace
If you participate as a creator, additional terms apply. You are an independent party, not our employee or agent, and you are solely responsible for your content, your tax obligations, and compliance with law (including disclosure of any material connection to SweatSonic in your promotions).
Revenue share, payout schedule, and eligibility are described at onboarding or in a separate creator agreement. You grant SweatSonic the licenses needed to host, distribute, and promote your creator content through the Services. We may remove content or offboard creators who violate these Terms.
11Intellectual property
The Services, including SweatSonic content, software, original music and recordings, the CADENCE REPS® methodology, and all trademarks, logos, and branding, are owned by SweatSonic or its licensors and are protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable license to access and use the Services for your own non-commercial use, subject to these Terms. No other rights are granted. You may not copy, distribute, or create derivative works from our content without permission.
12Suspension & termination
You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms, create risk or legal exposure, or as otherwise reasonably necessary. On termination, your license to use the Services ends; sections that by their nature should survive (including IP, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
13Disclaimers
The Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or that content or AI outputs will be accurate or reliable. Some jurisdictions do not allow certain disclaimers, so some may not apply to you.
14Limitation of liability
To the fullest extent permitted by law, SweatSonic and its affiliates, officers, employees, and creators will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or personal injury, arising out of or relating to the Services, even if advised of the possibility. Our total liability for any claim relating to the Services will not exceed the greater of the amount you paid us in the [12] months before the claim or [$100]. Some jurisdictions do not allow certain limitations, so some may not apply to you.
15Indemnification
You agree to indemnify and hold harmless SweatSonic and its affiliates from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Services, your User Content, your violation of these Terms, or your violation of any law or third-party right.
16Disputes, arbitration & class-action waiver
Please read — affects your legal rights
Most disputes can be resolved informally. Before filing a claim, you agree to contact us at sweatsonic@gmail.com and give us 30 days to resolve it.
Binding arbitration. Except for qualifying small-claims matters and requests for injunctive relief, you and SweatSonic agree that any dispute will be resolved by final and binding individual arbitration, administered by [AAA / JAMS] under its rules, rather than in court. You and SweatSonic waive the right to a jury trial.
Class-action waiver. Disputes will be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding.
30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing sweatsonic@gmail.com with your name and account; opting out will not affect the other provisions of these Terms.
Counsel must confirm this section. Arbitration/class-waiver enforceability and required formatting vary by state, and mass-arbitration fee exposure is a real consideration. Do not rely on this clause without a lawyer tailoring it to your governing-law choice.
17Governing law & venue
These Terms are governed by the laws of the State of Dover Delaware, without regard to conflict-of-laws rules. To the extent any dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in Delaware and you consent to their jurisdiction.
18Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and provide notice as required. Your continued use of the Services after changes take effect means you accept the updated Terms.
19General terms
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Entire agreement: these Terms and the documents referenced here are the entire agreement between you and SweatSonic regarding the Services.
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Severability: if any provision is unenforceable, the rest remain in effect.
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No waiver: our failure to enforce a provision is not a waiver.
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Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
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Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
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Notices: we may provide notices through the Services or to your account email.
This document is a template provided for drafting purposes and is not legal advice. Have qualified counsel review and finalize it before publication.