Terms of Service

Terms and Conditions

Terms and Conditions

Updated 6 May 2024

Welcome to Moves! We're excited to have you explore our range of fitness programs designed to help you

achieve your health and fitness goals. Before you begin, it's important to understand the framework that

guides our mutual rights and responsibilities. The following Terms and Conditions outline what you can

Madeline mobile application (the “App”), and the products or services offered on the Site or App (the

“Services”). This document is a legally binding agreement between any individual or entity that uses or

accesses the Site, App, and/or Services (referred to as “you”, “your”, "Customer"; or “User” hereinafter),

on the one hand, and MOVES by Madeline, Inc. and its parents, subsidiaries, related entities and affiliates

(referred to as “we”, “our”, or “MOVES” hereinafter), on the other hand. Nothing in these Terms shall be

deemed to confer any third-party rights or benefits.

ARBITRATION AND CLASS ACTION WAIVER NOTICE: YOU UNDERSTAND THAT THESE

TERMS CONTAIN A PRE-DISPUTE ARBITRATION CLAUSE IN SECTION 9.9. YOU AGREE

THAT DISPUTES BETWEEN YOU AND MOVES WILL BE RESOLVED BY BINDING,

1.1 Your use of the Site and the Services is subject to these Terms and any other rules and policies of the

Site or App that MOVES may publish from time to time. Any such other rules and policies of the Site or

App are incorporated into these Terms and shall apply to your use of the Site, App, and Services. Any new

features or tools that are added to the Site or the App after the date of the last update to these Terms shall

also be subject to these Terms. By accessing the Site or App or using the Services, you agree to accept and

be bound by the Terms. Please do not use the Services, the App, or the Site if you do not accept all of the

Terms.

1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age (at least the

age of majority under local, state, or provincial law) to form a binding contract with MOVES, or (b) you

amended and restated Terms on the Site and App. By continuing to use the Services, the App, or the Site,

you agree that the amended Terms will apply to you.

1.4 If MOVES has posted or provided a translation of the English language version of these Terms, you

agree that the translation is provided for convenience only and that the English language version will govern

your uses of the Services, the App, and the Site.

1.5 You may be required to enter into a separate agreement, whether online or offline, with MOVES or our

affiliates or subsidiaries for any Service (“Additional Agreements”). If there is any conflict or

inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take

any features within the Services) to Users or subject to other conditions that MOVES may impose, in our

sole discretion.

2.2 Some Services may be provided by MOVES’ affiliates or other entities on behalf of MOVES.

2.3 Services (or any features within the Services) may vary for different regions. No warranty or

representation is given that a particular Service or feature or function thereof or the same type and extent

of the Service or features and functions thereof will be available for Users. MOVES may in our sole

discretion limit, deny or create different level of access to and use of any Services (or any features within

the Services) with respect to different Users.

2.5 If you purchase a subscription, whether monthly or annually, to our Service, your subscription is

continuous and will automatically renew at the end of the applicable subscription period, unless you cancel

your subscription at least twenty-four hours before the end of your then-current subscription period. All

purchases made through the Site or App, including subscriptions and purchases made using the Google

Play Store and Apple App Store are nonrefundable. Subscriptions purchased through the Site can be

cancelled by completing the process set forth on the Site or contacting us at support@movesapp.com. For

subscriptions purchased through the App via the Apple App Store or Google Play Store, cancellation will

need to be made using the process for cancelling subscription in the applicable digital store. MOVES cannot

complete or assist with cancellations of subscriptions purchased via the Apple App Store or Google Play

Store. Such purchases may be subject to additional terms of either Apple or Google, respectively. MOVES

price charged for subscriptions and the term length offered for subscriptions from time to time, including

the currency for such purchases, in MOVES sole discretion. MOVES will communicate any pricing

changes in advance, including the date when such changes will take effect. Subject to applicable law, by

maintaining an active account or continuing to use the Services available to subscribers, you agree to any

such pricing increase after such pricing increase takes effect. If you do not agree with the pricing increase,

you may unsubscribe at any time prior to the end of your then-current subscription term prior to the price

increase taking effect.

2.6 Your MOVES subscription may begin with a free trial period. The duration of any such free trial will

be determined during sign-up and is intended to provide an opportunity to allow new and former users to

try certain Services prior to paying for such access. Free trial eligibility is determined by MOVES in its

sole discretion. MOVES may limit or deny a User’s eligibility or the duration of a free trial to prevent abuse

of the free trial program. MOVES reserves the right to deny or revoke a free trial to any User in its sole

trial period will terminate immediately rather than at the end of the free trial period and Users will

immediately lose access to any account information.

2.7 Payment for paid Services must be made in the form and manner as MOVES may specify from time to

time, in its sole discretion. MOVES reserves the right not to accept any form of payment, subject to

applicable law.

3. Users Generally.

3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all

images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the

Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any

Site Content for the purposes of operating a business that competes with MOVES, or otherwise

commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or

compile, directly or indirectly, a collection, compilation, database or directory (whether through robots,

spiders, automatic devices or manual processes) without written permission from MOVES is prohibited.

Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is

prohibited.

3.3 For more information regarding how MOVES collects, uses, and discloses your personal information,

web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site,

or any content, products or services made available on such web site.

3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks

of MOVES and/or any other User or to gain unauthorized access to such computer systems or networks.

3.6 You agree not to undertake any action which may undermine the integrity of MOVES’ feedback system,

such as leaving positive feedback for yourself using secondary email accounts or through third parties or

by leaving unsubstantiated negative feedback for another User. You agree that any feedback posted on the

Site or App will be based solely on your personal experience with the Services and that any feedback will

be truthful and will not violate any applicable laws or regulations or infringe the rights of any other person

or organization.

or technology now known or not currently known in any manner and for any purpose which may be

beneficial to the operation of the Site and App or the provision of any Services. You confirm and warrant

to MOVES that you have all the rights, power and authority necessary to grant the above license and agree

to indemnify MOVES against any losses incurred as a result of any third-party claim alleging that you did

not have such right.

3.8 MOVES is proud of our wonderful social community and aim to provide spaces for encouragement and

positive feedback. Please respect the communities that we have developed, including the structure and

design of our programs, and other users striving to improve their health and well-being. We reserve the

right to delete any comments and remove users from our social pages on third-party platforms, in line with

connection with orders placed on the Site and App. MOVES has the right to suspend or terminate your

account if you fail to provide any required information and materials or if you provide inaccurate or

fraudulent information.

4.2 Each User agrees that MOVES shall not be liable or responsible for any damages, claims, liabilities,

costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or

in connection with any use or storage of any products purchased from MOVES or through any actions taken

in connection with the use of the Services.

4.3 When you make a purchase, you agree that the risk of loss transfers from MOVES to you at the moment

rules and regulations that may apply to such promotions, discounts, or bundles. Discounts and site-wide

promotions are applicable to non-returned products and subscriptions that remain active for the applicable

promotional period only, and adjustments may be made retrospectively on transactions to correctly reflect

the promotion earned in the event of order or subscription cancellation or returned products.

4.5 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or

cancel quantities purchased per person, per household or per order. These restrictions may include orders

placed by or under the same customer account, the same credit card, and/or orders that use the same billing

and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify

you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,

resellers or distributors.

information regarding physical activity and nutrition. MOVES encourages all users to consult with a local

medical provider before engaging in any exercise or nutrition plan to discuss any specific concerns that

they may have. Individuals with heightened risks of potential medical complications, including pregnancy,

chronic illness and a history of injury, should consider taking additional precautions. Any information

provided on or through the Site or App is not intended to be interpreted as or to take the place of professional

medical advice, diagnosis or treatment and should not be understood to be such.

5.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS SET FORTH HEREIN

OR IN WARRANTIES ISSUED BY MOVES, THE PRODUCTS AND SERVICES PROVIDED BY

MOVES ON OR THROUGH THE SITE AND APP ARE PROVIDED "AS IS", "AS AVAILABLE"; AND

5.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOVES MAKES NO

REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS,

RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENT STATUS OF ANY

INFORMATION PROVIDED ON OR THROUGH THE SITES; MOVES DOES NOT REPRESENT OR

WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER,

DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR

DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND MOVES

MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY

PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.

5.5 Each User hereby further agrees to indemnify and hold harmless MOVES, our affiliates, directors,

officers, and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs

on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third

parties relating to Services offered or displayed on the Site and App. Each User hereby further agrees that

MOVES is not responsible, and shall have no liability to you, for any material posted by others, including

defamatory, offensive, or illicit material, and that the risk of damages from such material rests entirely with

each User. MOVES reserves the right, at our own expense, to assume the exclusive defense and control of

any matter otherwise subject to indemnification by you, in which event you shall cooperate with MOVES

in asserting any available defenses, agreeing to any potential settlement, and taking any other actions

MOVES determines are necessary to adequately defend such matter and protect MOVES’ interests and

reputation.

information of any User; (d) statements or conduct of any User of the Site or App; or (e) any matters relating

to Services, however arising, including negligence.

5.7 NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, THE AGGREGATE

LIABILITY OF MOVES, OUR EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES OR

ANYONE ACTING ON OUR BEHALF WITH RESPECT TO EACH USER FOR ALL CLAIMS

ARISING FROM THE USE OF THE SITE OR SERVICES DURING ANY CALENDAR YEAR SHALL

BE LIMITED TO THE GREATER OF (A) THE AMOUNT USER HAS PAID TO MOVES OR OUR

AFFILIATES DURING THE CALENDAR YEAR FOR THE SERVICES; OR (B) ONE HUNDRED

DOLLARS ($100). THE PRECEDING SENTENCE SHALL NOT PRECLUDE THE REQUIREMENT

of the possibility of any such losses arising.

6. Force Majeure. Under no circumstances shall MOVES be held liable for any delay or failure or

disruption of the content or services delivered through the Site or App resulting directly or indirectly from

acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet

failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes,

labor disputes, riots, insurrections, civil disturbances, pandemics or disease outbreaks, shortages of labor

or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or

foreign courts or tribunals or non-performance of third parties.

property rights in the Site and Site Content shall remain with MOVES, our affiliates, or licensors of the Site

Content, as the case may be. All rights not otherwise claimed under the Terms or by MOVES are hereby

reserved.

7.2 "MOVES", “Moves by Madeline”, “MOVES App”, and related icons and logos are registered

trademarks or trademarks or service marks of MOVES.

7.3 MOVES may have independent third parties involved in the provision of the Services (e.g., payment

providers, web designers). You may not use any trademark, service mark or logo of such independent third

Greenville, SC 29608. The notices shall be effective when they are received by MOVES in any of the

above-mentioned manners.

8.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by

courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address

provided by the User to MOVES, or by posting such notice or demand on an area of the Site that is publicly

accessible without a charge. Notice to a User shall be deemed to be received by such User if and when (a)

MOVES is able to demonstrate that communication, whether in physical or electronic form, has been sent

to such User, or (b) immediately upon MOVES posting such notice on an area of the Site that is publicly

accessible without charge.

9.1 Subject to any additional agreements or terms, the Terms constitute the entire agreement between you

and MOVES with respect to and govern your use of the Site, App, and Services, superseding any prior

written or oral agreements in relation to the same subject matter herein.

9.2 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is

intended or created by the Terms.

9.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and

the remaining provisions shall remain valid and be enforced.

9.6 MOVES shall have the right to assign these Terms (including all of our rights, titles, benefits, interests,

and obligations and duties in the Terms to any person or entity (including any affiliates, subsidiaries, or

successors in interest of MOVES). You may not assign, in whole or part, these Terms to any person or

entity.

9.7 In any action to enforce the Terms, the prevailing party will be entitled to reasonable costs and attorneys’

fees.

9.8 The Terms shall be governed by the laws of the State of South Carolina without regard to its conflict of

law principles.

9.9 ARBITRATION NOTICE: If you have a legal dispute with MOVES, except where prohibited by

disputes in court in favor of individual arbitration (except as set forth below). You and MOVES each waive

the right to file or participate in a class action against the other or otherwise to seek relief on a class basis.

If there is a judicial determination that any particular claim cannot be arbitrated in accordance with this

provision’s limitations, then only that claim may be brought in court. All other claims remain subject to this

provision.

Before you commence arbitration of a claim, you must provide us with a written Demand for Arbitration at

least thirty (30) days prior to filing your Demand for Arbitration that includes your name, residence address,

username, email address or phone number you use with MOVES, a detailed description of the dispute and

the relief that you seek. Any Demand for Arbitration that you send to us should be emailed to us

in Atlanta, Georgia. Disputes involving claims and counterclaims under $250,000 (not inclusive of

attorneys’ fees and interest) shall be subject to JAMS’ most current version of the Streamlined Arbitration

Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims

shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures,

available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available

at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties

will select an alternative arbitral forum. Any judgment on the award rendered by the arbitrator may be

entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either you or MOVES may elect to have an individual claim heard in a

proceed in small claims court that is made after an arbitrator has been appointed.

You may opt out of this provision within thirty (30) days of the date that you first agree to these Terms. To

opt out, you must send your name, residence address, username, email address or phone number you use

with MOVES (and a clear statement that you want to opt out of this arbitration agreement)

to: support@movesapp.com.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE TERMS MUST BE

ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS;

ONLY INDIVIDUAL RELIEF IS AVAILABLE; AND CLAIMS OF MORE THAN ONE

CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF

ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes

are instead electing that all claims and disputes shall be resolved by arbitration under the Terms, except as

specified above. An arbitrator appointed pursuant to these Terms shall have the authority to award the same

relief as a court of competent jurisdiction. The formation, existence, construction, performance, and validity

of both these Terms and this Arbitration Notice shall be governed by the laws of the state of South Carolina

without reference to choice or conflict of law principles.

The foregoing shall not preclude MOVES from seeking injunctive relief in any court of competent

jurisdiction for protection of MOVES’ intellectual property, confidential information, or trade secrets.

10. Gift Cards Terms.

MOVES reserves the right, at our sole discretion, to update, change, or replace any part of these Terms by

posting updates and changes to our Site and App. It is your responsibility to check our Site periodically for

changes. Your continued use of or access to our Site, App, or the Services following the posting of any

changes to these Terms constitutes acceptance of those changes. You can review the current version of the

Terms at any time at this link: train.madelinemoves.com/terms-of-service/.

12. MOVES Referral Program Terms & Conditions

MOVES offers members the opportunity to receive incentives for referring friends to sign up for the App.

MOVES Terms and Privacy Policy apply to the MOVES Referral Program as well as the following

● Qualified Referral. A “Qualified Referral” means a purchase of a monthly or annual app

subscription made after completing the free trial period by a person (a “Referred Customer”) who

provides your unique referral code at the time of their initial purchase. You are limited to one

incentive for a Qualified Referral for each Referred Customer. This means that additional or repeat

purchases by a Qualified Referral will not earn you additional incentives. You are not able to refer