Terms of Use

Stream Fitness LLC – TERMS OF USE

Last Updated November 1, 2020

AGREEMENT TO TERMS

These Terms of Use establish a binding agreement between you as a user (whether coach, athlete, or other) and Stream Fitness LLC concerning your access to https://streamfit.com/ and related platforms. By accessing the Site, you acknowledge reading and agreeing to these terms. Non-compliance means you must discontinue use immediately.

The company reserves discretion to modify these Terms at any time. Changes are noted via “Last updated” date updates, and continued use indicates acceptance. The Site is not intended for distribution where it would violate local laws or regulations.

The Site does not comply with industry-specific regulations like HIPAA or FISMA. Users must be at least 18 years old; minors cannot register.

INTELLECTUAL PROPERTY RIGHTS

All Site content—including source code, databases, software, designs, audio, video, text, photographs, and graphics—plus associated trademarks and logos are company property, protected by copyright and trademark laws. Content is provided “AS IS” for personal, non-commercial use only. Except as expressly permitted, no copying, reproduction, republication, or commercial exploitation is allowed without written permission.

Eligible users receive a limited license to access and use the Site and download content portions for personal, non-commercial purposes only.

USER REPRESENTATIONS

By using the Site, you represent that: registration information is true, accurate, current, and complete; you maintain such accuracy; you have legal capacity and agree to comply; you are not a minor; you will not use automated access; you will not access for illegal purposes; and your use will not violate applicable law.

False information may result in account suspension or termination.

USER REGISTRATION

Registration may be required. You must keep your password confidential and are responsible for all account usage. The company reserves the right to remove usernames deemed inappropriate or objectionable.

PROHIBITED ACTIVITIES

The Site may not be used except for intended purposes, and not in connection with commercial endeavors unless specifically endorsed or approved.

USER GENERATED CONTRIBUTIONS

The Site may invite participation in blogs, forums, and other features where you create and submit content (“Contributions”). Such contributions may be viewable by other users and third parties, treated as non-confidential and non-proprietary. When creating Contributions, you represent and warrant they do not infringe proprietary or intellectual property rights of third parties, including copyright, patent, trademark, or trade secrets.

CONTRIBUTION LICENSE

By posting Contributions, you automatically grant the company an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to host, use, copy, reproduce, disclose, sell, publish, broadcast, archive, publicly perform and display, reformat, translate, transmit, and distribute such Contributions for any purpose. You retain ownership of Contributions and associated intellectual property rights. The company may, in its sole discretion, edit, recategorize, pre-screen, or delete Contributions at any time without notice.

MOBILE APPLICATION LICENSE

Accessing via mobile application grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless devices you own or control, in strict accordance with these Terms. When using applications from the Apple Store or Google Play, your license is limited to non-transferable use on Apple iOS or Android devices per the App Distributor’s usage rules, and you acknowledge App Distributors are third-party beneficiaries with enforcement rights.

SUBMISSIONS

Questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”) become the company’s sole, non-confidential property, with exclusive rights to unrestricted use and dissemination for any lawful purpose without acknowledgment or compensation.

PHOTO, AUDIO AND VIDEO RECORDINGS

By using the Site, you agree to allow recording and production of photographic, audio, and video images of you, and grant the company non-exclusive rights to use your name, image, likeness, voice, performance, photo, or video recording in connection with Site use.

STORE PURCHASES

By using the Site, you agree to share profile information with vendors and partners of products you purchase for fulfillment, shipping, marketing, and communications.

SITE MANAGEMENT

The company reserves the right, but not the obligation, to monitor the Site for Terms violations, take appropriate legal action, refuse or restrict availability of Contributions, remove burdensome content, and otherwise manage the Site to protect its rights and facilitate proper functioning.

TERM AND TERMINATION

These Terms remain in full force while you use the Site. The company reserves the right, in its sole discretion and without notice or liability, to deny access to and use of the Site to any person for any or no reason, and may terminate your use, participation, or account and delete any posted content at any time.

MODIFICATIONS AND INTERRUPTIONS

The company reserves the right to change, modify, or remove Site contents at any time without notice and has no obligation to update information. Site availability cannot be guaranteed, and the company is not liable for any modification, price change, suspension, or discontinuance.

Additional Terms of Use For Coaches

Video or audio recorded and uploaded by coaches becomes Stream Fitness LLC property to reproduce, distribute, license, sell, or otherwise use in the company’s sole discretion. By offering and coaching sessions, coaches represent and warrant all session participants have completed the Stream Fitness LLC Liability Waiver and Release.

FEES & PAYOUTS

Stream Fitness LLC charges platform fees based on channel plan and sales volume. To inquire about rates, contact info@streamfit.com. Payouts are deposited at least monthly to the account specified during gym onboarding. For coach payout price changes, notice is provided at least 30 days in advance.

GOVERNING LAW

These Terms and your Site use are governed by and construed in accordance with Michigan law, without regard to conflict of law principles.

DISCLAIMER

The Site is provided on an “AS-IS” and “AS-AVAILABLE” basis. Your Site use and company services are at your sole risk. To the fullest extent permitted by law, the company disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

LIMITATIONS OF LIABILITY

In no event shall the company or its directors, employees, or agents be liable to you or any third party for direct, indirect, consequential, exemplary, incidental, special, or punitive damages. Regardless of the action form, company liability is limited to the lesser of amounts paid during the preceding six months or $5,000 USD.

INDEMNIFICATION

You agree to defend, indemnify, and hold the company harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising from your Contributions, Site use, Terms breach, breach of your representations and warranties, or violation of third-party rights.

USER DATA

The company maintains data you transmit for Site performance management and usage data. You are solely responsible for all transmitted data and agree the company has no liability for data loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Site visits, emails, and online forms constitute electronic communications. You consent to receive electronic communications and agree to electronic signatures, contracts, orders, and records.

CALIFORNIA USERS AND RESIDENTS

For unresolved complaints, contact the California Department of Consumer Affairs Division of Consumer Services Complaint Assistance Unit at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms and any policies or operating rules posted on the Site constitute the entire agreement between you and the company. Company failure to exercise or enforce any right or provision is not a waiver. Any unlawful, void, or unenforceable provision is deemed severable and does not affect the validity of remaining provisions.

CONTACT US

To resolve Site complaints or receive further information, contact:

Stream Fitness LLC United States info@streamfit.com