App Subscription Terms & Conditions

Your Reformer – At Home application Terms of Use 

These Your Reformer – At Home Application Terms of Use (“App Terms”) constitute a binding agreement between you (referred to as “User”, “you”, or “your” as the context may require) and BB & NE Co Pty Ltd. (referred to as “we”, “us”, or “our” as the context may require). These App Terms govern your use of the Your Reformer – At Home Application including without limitation use on or through a web browser, IOS, and/or Android OS (including all related documentation, the “App”). The App is licensed, not sold, to you. 

BY (A) CLICKING THE “AGREE” BUTTON, AND/OR (B) DOWNLOADING, INSTALLING, SUBSCRIBING TO, AND/OR USING THE APP, YOU, AND/OR USING OR OTHERWISE ACCESSING ANY CONTENT, AND/OR ANY OTHER MANIFESTATION OF YOUR ASSENT TO THE APP TERMS SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE APP TERMS, AND YOU: (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE APP TERMS; (ii) AFFIRM THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD, HAVE FULL POWER, CAPACITY AND AUTHORITY TO AGREE TO THESE APP TERMS, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM USING APP; AND (iii) ACCEPT THESE APP TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.  

YOU ACKNOWLEDGE THE COLLECTION, USE, AND OTHER PROCESSING OF YOUR PERSONAL INFORMATION SUBMITTED OR OTHERWISE PROCESSED THROUGH THE APP IS GOVERNED BY OUR PRIVACY POLICY FOUND AT [LINK], AND YOU ACKNOWLEDGE ALL ACTIONS WE TAKE WITH RESPECT TO YOUR PERSONAL INFORMATION CONSISTENT WITH THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE APP TERMS OR OUR PRIVACY POLICY, YOU MAY NOT DOWNLOAD, INSTALL AND/OR USE THE APP OR ANY CONTENT, AND YOU MUST DELETE IT FROM YOUR MOBILE DEVICE. 

We may amend or otherwise revise these App Terms, including our Community Guidelines and User Content Moderation Policy annexed to these App Terms, and our Privacy Policy at any time by giving 30 days’ notice to you via the App, via email or by other reasonable means, prior to the amendments coming into effect. You should therefore regularly check these App Terms to review the current terms. You will be subject to these App Terms, including our Community Guidelines and User Content Moderation Policy, as amended and in force at the time that you use the App. If you do not agree to the amended or revised App Terms, you may cancel your Subscription before the end of the current billing period in accordance with these App Terms, otherwise, your continued use of the App after notice of the amended or revised App Terms constitutes your acceptance of these App Terms as amended and in force at the applicable time. 

  1. License Grant. Subject to the terms of these App Terms, we grant you a limited, non-exclusive, non-sublicensable, and nontransferable license to: (a) download, install, and use the App for your personal, non-commercial use on a device owned or otherwise controlled by you (“Device”) strictly in accordance with the App’s documentation; (b) access, stream, download, and use on such Device the classes, programs, and activities offered on the App and through the Subscription (“Content”) that is made available in or otherwise accessible through the App, strictly in accordance with these App Terms. You are responsible for making all arrangements necessary for you to have access to the App, including any fees or costs associated with hardware, equipment, software, services and/or carrier fees. The minimum age requirement to participate in the Content provided in the App is eighteen (18) years old. 
  2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the App, you shall not: (a) copy the App or its Content, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App or its Content; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App or its Content, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, including the Content, to any third party for any reason, including by making the App or its Content available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access the App or its Content for any purpose, including monitoring or copying any of the material on the App; (g) use any manual process to scrape or otherwise monitor or copy any of the Content on the App, or for any other purpose not expressly authorized in these App Terms, without our prior written consent; (h) frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile App, website, or service; (i) use the App in any manner that could disable, overburden, damage, or impair the App or its Content or interfere with any other party’s use of the App or its Content; (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App or its Content; or (k) use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments. 
  3. Policies. In accessing the App and its Content and in engaging with us and other users across the App, the Website and Website Services (as those terms are defined in section 15), you must comply, and your conduct and your User Contributions (as defined in section 12) must comply, with all applicable user conduct policies, such as the Community Guidelines and User Content Moderation Policy, or any other relevant policies relating to the App notified by us to you from time to time by publication on the App, email, or other reasonable means. The latest version of the Community Guidelines and User Content Moderation Policy is annexed to these App Terms. It is your responsibility to check the App regularly to keep up to date with any such applicable policies as amended from time to time.  
  4. Reservation of Rights. You acknowledge and agree that the App, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by us or our affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain App and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of us and/or our affiliates, licensors and suppliers, and all suggestions, solutions, improvements, corrections, and other contributions provided by you regarding the App or any of our other materials and documents supplied or provided to you, is owned by us, and you hereby assign any rights in the same to us. You expressly agree that you will do nothing inconsistent with our ownership of the App or the rights of third parties, and that you gain no rights, title, or interest in or to the App or any goodwill associated therewith, except as stated in these App Terms. In addition, except as expressly set forth in these App Terms, you are not conveyed any right, title or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of us or any third-party. Any and all goodwill arising from your use of any App shall inure solely to our benefit. 
  5. Feedback. If you provide us with testimonials, suggestions, reviews, or other feedback regarding the App or the Content (collectively, “Feedback”), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant us a worldwide, nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback in any manner and for any purpose (including for marketing), without any notice, compensation or other obligation to you or any third party. 
  6. Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, we may use automatic means (including, for example, software development kits, cookies and web beacons) to collect information about your Device and about your use of the App (“Data”). You also may be required or requested to provide your name, age, gender, postcode, phone number, email address, and/or payment details, and other requested information which you may voluntarily provide (“Account Information”) as a condition to downloading, installing, or subscribing to the App, and the App may provide you with opportunities to share information about yourself with others. We will handle all personal information we collect in accordance with our Privacy Policy.  
  7.  Account. 

(a) To use certain Content on the App, you will need to subscribe to the App. When subscribing, you must create a user account (each, an “Account”). When you create an Account, you will be required to provide accurate and complete Account Information. You must ensure your Account Information remains accurate and complete. If you provide any Account Information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the App.  

(b) You will also be required to create a username and password for your Account. It is your responsibility to keep this username and password secure. You must not share, give, or sell your username or password to any other person. By using the Account, you will be responsible for all activities that occur under the Account and any other actions in relation to the Account (with or without your permission). We are not responsible for any loss or activity that results from the unauthorized use of your Account due to your failure to secure your access credentials. 

(c) We may, at our sole discretion: (i) limit the number of Accounts that you may create or maintain; (ii) stipulate additional conditions and requirements for the opening or maintaining of Accounts; and/or (iii) refuse to create an Account for you. 

(d) Excessive viewings or logins under your Account may be construed by us as unauthorized use of the App, which may result in the immediate cancellation of your access to the App without refund.  

(e) Without limiting our rights under these App Terms or otherwise at law, we may, in our discretion, but are not obligated to offer certain Content to users without an Account or Subscription. We reserve the right to at any time, remove or modify Content and which Content is accessible without an Account or Subscription, in our sole discretion.  

  1. Subscription.  

(a) To access and use the Content located in the App, you must maintain a subscription to the App (“Subscription”). You can choose to subscribe to the App either on a monthly, semi-annual, or annual basis, or for such other periods that we may offer from time to time. Your Subscription and use of the App is conditional on your payment of the Subscription Fee in an up-to-date manner.  

(b) Your Subscription shall automatically renew on the billing frequency specified at the time that you subscribed (“Due Date”) unless cancelled in accordance with these App Terms. 

  1. Subscription Fee.  

(a) The applicable fees for each Subscription level are set out on the Website (defined herein) or on the App and other applicable transaction, foreign exchange and other applicable fees (collectively, the “Subscription Fee”) will be billed on the Due Date unless and until you cancel your Subscription. We automatically bill your payment method each month on the Due Date. All fees are due and payable on the Due Date and must be paid in the currency of the jurisdiction in which you are located unless we notify you we require a different currency at billing.  

(b) We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these App Terms. Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts. 

Payment of the Subscription Fee is processed by a third party, such as Debit Success, Apple Pay, Google Pay, Stripe or any other provider we may introduce from time to time. You may find the terms and conditions for each direct debit provider by visiting their respective websites. For certain debit direct providers (e.g., Stripe) your access to (and use of) the Subscription in your App can be cancelled through your direct debit provider. In each instance, you will be prompted to complete the direct debit agreement offered by the relevant direct debit provider during the Subscription registration process. Your payment details must be verified before your access to the Subscription can be activated. Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. You acknowledge and expressly agree to our integration and cooperation with Stripe to enable Stripe to provide its services, and you expressly agree to and represent that you are and shall remain in compliance with and shall be bound by all applicable Stripe terms and conditions and policies, as may be modified by Stripe from time to time, including without limitation the Stripe Connected Account Agreement and the Stripe Services Agreement, and acknowledge the applicable Stripe Data Processing Agreement, and you authorize us to disclose and otherwise make available your and all other information made available on or through the App or Website Services to Stripe, and you expressly agree to our access and use of information from Stripe.  

(c) It is your responsibility to provide valid payment details that are up-to-date at all times. If a payment of the Subscription Fee is rejected, invalid, or otherwise unsuccessful, your Subscription may be automatically cancelled at the end of the paid Subscription period.  

(d) All payments made are non-refundable unless otherwise stated in these App Terms.  

(e) We reserve the right to change your Subscription Fee. In the event of a fee change, we (or the relevant app store from which your Subscription was created as an in-app purchase) will attempt to notify you not less than thirty (30) days in advance of the change (or the prescribed notice period set by the relevant app store) by sending you an email and, where applicable, push notification. If you do not wish to accept a Subscription Fee change, you may cancel your Subscription prior to the price change taking effect. If you do not cancel your Subscription after the fee change takes effect and prior to the start of your next billing period, your Subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method these amounts. We will not be able to notify you of any changes in applicable taxes. 

  1. Free Trial. We may provide a free trial Subscription for a fixed period of time, as determined by us at our sole discretion. We reserve the right to cancel any trial subscription immediately if we become aware that the user has already had a trial subscription on a different account or using a different email address, or for any other reason or no reason. Any attempts to register for a further free trial on the same account or using the same email address may result in you being charged for the applicable Subscription Fees. If you begin your Subscription with a free trial, we will begin billing your payment method for Subscription Fees at the end of the free trial period of your Subscription unless you cancel your Subscription before the end of the free trial period.  
  2. Subscription Cancellation.

(a) Except where required to cancel through your direct debit provider, you may cancel your Subscription at any time by navigating to the settings page within your Account and following the prompts to “unsubscribe” from your Subscription. However, in order to avoid being billed for the upcoming billing cycle of your Subscription, you must cancel the Subscription at least twenty-four (24) hours before the end of the current billing period.  

(b) In some instances, you may be required to cancel your Subscription through your direct debit provider. You must do so in accordance with the terms and conditions required by such direct debit provider.  

(c) If you wish to cancel your Subscription but your Subscription began prior to April of 2023, you must cancel the Subscription at least fourteen (14) days before the end of the current billing period by contacting Your Reformer at hello@yourreformer.com.au.  

(d) A confirmation email will be sent to you to confirm your Subscription cancellation. 

(e) Upon cancellation, you will still be entitled to access the Subscription on the App for the remainder of the duration that you have paid for.  

(f) Upon cancellation, you will no longer be permitted to have access to or the benefit of the Subscription from the end of your paid subscription period.  

(g) Subscription Fees are non-refundable and there are no credits for partially used periods.  

  1. User Contributions. 

(a) The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) photos, video or other content or materials (collectively, “User Contributions”) on or through the App. All User Contributions must comply with the content standards set out in these App Terms. 

(b) Any User Contribution you post to the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, and providing us any suggestions or improvements pursuant to Section 4 and any Feeback pursuant to Section 5 (collectively, “Other Materials”): (i) you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any material in your User Contributions and Other Materials; (ii) you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, an unconditional and irrevocable waiver (to the extent permitted by law) of all and any moral rights you have in respect of your User Contributions and Other Materials, to which you may be or may become entitled to as author of the same; and (iii) you agree not to enforce any and all moral rights that you may have, presently or in the future, in your User Contributions and Other Materials; and (iv) you warrant that we may exercise any and all rights granted to us in respect of your User Contributions and Other Materials without attribution of authorship or without identifying you or any other person as the individual responsible for creating any particular material, and we may modify, alter, adapt, distort or otherwise change any such material. 

(c) User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) Violate the 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 App Terms and our Privacy Policy; (v) Be likely to deceive any person; (vi) Promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) Impersonate any person or misrepresent your identity or affiliation with any person or organization; (ix) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

(d) We do not undertake to review material before it is posted on the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

(e) You represent and warrant that: (i) You own or control all rights in and to your User Contributions and Other Materials and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (ii) All of your User Contributions and Other Materials do and will comply with these App Terms, and is accurate and complete; (iii) You understand and acknowledge that you are responsible for any User Contributions and Other Materials you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness; and (iv) We are not responsible or liable to any third party for the content or accuracy of any User Contributions and Other Materials posted by you or any other user of the App. 

(f) We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion. We further may take any action with respect to any User Contribution and Other Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the App Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for us. 

(g) We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 

(h) Without limiting the foregoing, we have the right to cooperate fully 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 Website or App. YOU WAIVE AND HOLD US HARMLESS AND OUIR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

  1. Precautions. When participating in Content provided in the App you must ensure that you always take all appropriate precautions, including that you must: (a) Check that you have sufficient space to practice; (b) Check there are no trip/slip hazards; (c) Check there are no objects you may fall on or come in contact with; (d) Check there are no sharp objects or hot surfaces nearby; (e) Ensure you have sufficient lighting; (f) Ensure your camera/screen and other electrical appliances, including cables, are on a levelled surface and not in your training space causing a trip hazard; (g) Ensure the room has sufficient ventilation; (h) Ensure you have water to keep hydrated; (i) Seek medical advice before training; and (j) Ensure all household members are aware of the training and avoid entering the space. You must use equipment in accordance with its specifications and safety warnings on the manuals provided with the equipment at the time of purchase. Any use other than as advised may pose a risk to your health or safety for which we have no liability. When interacting with other users or Content you should exercise caution to protect your personal safety and property. We make no representations related to you or other users or interactions between you and other users or third parties. You agree that we are not liable for any loss, damage, destruction, injury or death arising from such interactions with other users or third parties. 
  2. Updates. We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these App Terms as in force at the applicable time. 
  3. Website Services. The App may provide you with access to our website located at yourreformer.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content, including the Content and the Interactive Services, accessible on or through the App may be hosted on the Website (collectively, “Website Services”). Your access to and use of such Website Services are governed by our Website terms of service (“Terms of Service”) and our privacy policy (“Privacy Policy”) located at Terms of service and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Website Services may require you to acknowledge your acceptance of such Terms of Service and acknowledgement of the Privacy Policy, and your failure to do so may restrict you from accessing or using certain of the App’s features and functionality. Any violation of such Terms of Service will also be deemed a violation of these App Terms. 
  4. Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. 
  5. Term and Termination.

(a) Term. The term of these App Terms commences when you download the App and will continue in effect until terminated by you or us as set forth in these App Terms.  

(b) Termination.  

(i) You may terminate your use of the App at any time by terminating your Account and deleting the App from your Device in accordance with the cancellation process set out in these App Terms. Termination of your Account is your sole right and remedy with respect to any dispute with us regarding the App, your Subscription, the Content, or these App Terms except as expressly set out in these App Terms.  

(ii) We may suspend or terminate your access to the App at any time, for any reason. If we suspect that you have violated any provision of these Terms, we may also seek any other available legal remedy.  

(iii) Your rights under these App Terms will terminate automatically if you fail to comply with any of these App Terms.  

(c) Effect of Termination. Upon termination: (i) all rights granted to you under these App Terms will also terminate; and (ii) you must cease all use of the App and delete all copies of the App from your Device. You remain solely liable for all obligations related to use of the App, even after you have stopped using the App. Neither we nor any our licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the App or termination of your access to the App. Termination will not limit any of our rights or remedies at law or in equity. 

  1. No Support. Unless otherwise agreed by us in writing, we are not obligated to provide any support for the App. 
  2. App Availability. You acknowledge access to the App and its Content may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of our control. We assume no liability if the App or any part thereof is unavailable at any time or for any period. Access to and availability of the App and its Content may be suspended temporarily at any time and without notice and without refund except as provided under Section 23 and Section 24. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the App for any reconstruction of any lost data. The transmission of information via the App is not completely secure, and although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the App. You acknowledge and agree that any transmission of your information via the App is at your own risk. You acknowledge and agree that we shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the App or any technical problems, system failures or security breaches; (b) the hardware that you use to access the App (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the App that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the App. 
  3. Advisory Disclaimer. The APP AND THE Content found in and on the App is provided for informational purposes only. The APP AND Content ARE not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the App. Any opinion, advice, statement, service, offer, or other information that constitutes part of the content expressed or made available through the App are those of the respective authors or producers and not of us or our directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will we or our directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on THE APP, THE CONTENT OR any information obtained through the App. THE USE OF THE APP AND CONTENT AND OTHER INFORMATION PROVIDED THROUGH THE APP IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE, AND IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE APP TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. 
  4. Physical Exercise and Medical Disclaimers. To take part in the Content found on the App as part of your Subscription, you must be in good physical health. You must not use the App if you have been told not to engage in physical activity or sport on health or medical grounds. Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by an instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the Content on the App. We are not a medical organization and our instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing the Content. Nothing contained in the App (or our Website for that matter) may or should be construed as any form of such medical advice or diagnosis. By using the App you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that you participate in the Content provided in the App at your own risk. It is your responsibility to judge your physical and mental capabilities for such activities and to seek medical advice before engaging in any Content we make available. You agree that by participating in the Content, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time, instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against us, or any person or entity involved with us, including its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.  
  5. PreNatal and PostNatal Content. Without limiting the disclaimers elsewhere in the App Terms, these disclaimers also apply when you participate in the Prenatal Workouts or PostNatal Content offered by us on the App. If you do not agree to these disclaimers, you must not participate in the Prenatal Workouts or PostNatal Content. You acknowledge and agree that you are participating in the Prenatal Workouts or Post-Pregnancy Workouts entirely at your own risk, and acknowledge that if you make any modifications to the Prenatal Workouts or PostNatal Workouts while participating in the Prenatal Workouts or PostNatal Workouts or otherwise, or if you undertake, while pregnant, any workout in the App, you also do so entirely at your own risk. You understand that, in participating in the PostNatal Content, there is (amongst other potential health risks), a risk of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post birth). You acknowledge that these matters can all be affected by the pace, frequency and nature of exercise that you engage in before, during and post pregnancy and that you need to use caution and seek professional health advice if you are at all unsure about your health or fitness to continue, or health concerns arise after, you have undertaken any exercise as part of the PreNatal or PostNatal Content. You represent you have obtained and relied on the medical clearance of your doctor, physician, obstetrician or other medical professional in determining to participate (and once commenced, to continue participating in) the PreNatal or PostNatal Content. We are not aware of and cannot determine your individual suitability for the PreNatal or PostNatal Content and make no representations related to the suitability of any Content, including without limitation PreNatal or PostNatal Content for you or any individual. To the maximum extent permitted by applicable laws, you release and will indemnify us and hold us harmless from and against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with, directly or indirectly, from the Prenatal or PostNatal Content, or your use of or participation in the Prenatal or PostNatal Content. You represent any information provided by you to us in connection with the PreNatal or PostNatal Content, including the fact that you have received medical clearance to participate in the PreNatal or PostNatal Content, is true, and you further acknowledge that we have relied on this representation in order to make available to you the PreNatal or PostNatal Content.  
  6. Disclaimer of Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE APP AND ALL CONTENT IS PROVIDED TO USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET OUT IN THESE APP TERMS, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE PROVIDED UNDER UNITED STATES STATE OR FEDERAL LAW, UNDER THE AUSTRALIAN CONSUMER LAW, OR OTHER LAW, WITH RESPECT TO THE APP, WEBSITE SERVICES, ALL CONTENT AND OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE AVAILABLE, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SUBJECT TO THE FOLLOWING PARAGRAPH, YOU HEREBY WAIVE ALL RIGHTS, IF ANY, YOU MAY HAVE UNDER UNITED STATES FEDERAL AND STATE, UNDER THE AUSTRALIAN CONSUMER LAW TO THE MAXIMUM EXTENT PERMITTED UNDER THAT LAW, AND OTHER CONSUMER LAWS. SUBJECT TO THE FOLLOWING PARAGRAPH AND SECTION 24, YOUR LIMITED REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE REMEDIES, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WE RESERVE THE RIGHT TO MODIFY OR REMOVE THE APP AND CONTENT IN WHOLE OR IN PART, IN OUR SOLE DISCRETION. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THE AUSTRALIAN CONSUMER LAW IMPLIES WARRANTIES OR STATUTORY RIGHTS THAT CANNOT BE EXCLUDED: OUR SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. FOR MAJOR FAILURES WITH THE SERVICE, YOU ARE ENTITLED: TO CANCEL YOUR SERVICE CONTRACT WITH US; AND TO A REFUND FOR THE UNUSED PORTION, OR TO COMPENSATION FOR ITS REDUCED VALUE. YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. IF THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE YOU ARE ENTITLED TO HAVE PROBLEMS WITH THE SERVICE RECTIFIED IN A REASONABLE TIME AND, IF THIS IS NOT DONE, TO CANCEL YOUR CONTRACT AND OBTAIN A REFUND FOR THE UNUSED PORTION OF THE CONTRACT. 

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE WEBSITE SERVICES OR CONTENT OR OTHERWISE WITH RESPECT TO THE APP TERMS OR ANY: 

(a) PERSONAL INJURY OR PROPERTY DAMAGE, EXCEPT TO THE EXTENT THAT WE DIRECTLY CAUSED THE INJURY OR DAMAGE BY OUR GROSS NEGLIGENCE; OR 

(b) LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR 

(c) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN THE EVENT YOU ARE LOCATED IN AUSTRALIA, THE FOREGOING LIMITATIONS ARE EXPRESSLY SUBJECT TO YOUR STATUTORY RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND, SUBJECT TO THE REMEDIES SET OUT IN SECTION 23, OUR MAXIMUM AGGREGATE LIABILITY TO YOU, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, EQUITY OR ANY OTHER CAUSE, IS LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. 

  1. Indemnification. You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the App, the Content, Website or Website Services, or your breach of these App Terms, including but not limited to the User Contributions you submit or make available through this App, or your violation of any law or the rights of a third party. 
  2. Geographic Restrictions. The Website Services and the App are provided for access and use by persons located in the United States, Australia, New Zealand, Canada, Japan, Singapore and the United Kingdom, to the extent such access and use is permitted by and conducted in accordance with applicable law. You acknowledge that you may not be able to access all or some of the Website Services or the App and that access thereto may not be legal for certain persons or in certain countries. If you access the Website Services or the App, you are responsible for compliance with local laws, and you represent that you and your use thereof will remain in compliance therewith. 
  3. Export Regulation. The App may be subject to export control laws. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available in violation of export controls. You represent that you are not listed on any government debarred or other restricted party list. 
  4. US Government Rights. The App is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors. 
  5. Severability. If any provision of these App Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these App Terms and will not affect the validity or enforceability of the remaining provisions of these App Terms. If any provision of these App Terms is invalid, illegal, void, or unenforceable the provision shall be amended to achieve as closely as possible the effect of the original terms and all other provisions of these App Terms will continue in full force and effect.  
  6. Governing Law and Jurisdiction. If a matter or dispute arises out of or relating to these App Terms, the Website Services, and the App, the parties shall first use reasonable endeavours to resolve the matter or dispute by agreement within 60 days of notification of the dispute by a party. If the parties cannot resolve the dispute within this period, then the matter or dispute be shall be resolved by arbitration in accordance with the principles and rules of the International Centre for Dispute Resolution ("ICDR"), by one arbitrator in accordance with such Rules. A judgment upon the award rendered by the arbitrator can be entered in any court having jurisdiction thereof. In the event you reside in the United States, the arbitration proceedings shall be held in English in the City of Columbus and County of Franklin, USA. In the event you reside in Australia, the arbitration proceedings shall be held in English in Melbourne in the State of Victoria. In the event you reside in any country other than the United States or Australia, the arbitration proceedings shall be held in English in the City of Columbus and County of Franklin, USA although we retain the right to bring any suit, action, or proceeding against you for breach of these App Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. The recognition and enforcement of any arbitration award shall be governed by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958. Notwithstanding the foregoing, either party may elect to bring suit in a state or federal court in the City of Columbus and County of Franklin, USA or the State of Victoria, and both parties hereby submit to the jurisdiction of such courts and waive any and all objections to the exercise of jurisdiction over such party by such courts and to venue in such courts. The parties hereto have specifically requested that this Agreement be drawn up in the English language only. Les parties aux présentes ont specifiquement requis que la présente Convention soit rédigée seulement en langue anglaise. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, is expressly excluded. 
  7. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE APP TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 
  8. Electronic Communication. We use email communications and push notifications to keep you engaged with class alerts and notify you about your Account information and information concerning or relating to the App (“Notifications”). By using the App, you consent to receiving electronic Notifications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically through a Notification will satisfy any legal communication requirements, including that such communications be in writing. Should you no longer wish to receive these Notifications, except with respect to transactional Notifications, you may “opt-out” at any time by logging into your Account and clicking “Update Your Preferences” or selecting “Unsubscribe” on email communications. Alternatively, you may email your request to us at hello@yourreformer.com. We will use reasonable efforts to honor any opt-out or unsubscribe request within ten (10) business days, after which time you will not transmit, or cause to be transmitted, any further commercial Notifications. You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the App, including without limitation any SMS / text messaging fees, data charges, and other fees. 
  9. Assignment. These App Terms, and any rights or licenses granted under these App Terms, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted in violation of these App Terms is void. 
  10. Entire Agreement. These App Terms, including the Community Guidelines and User Content Moderation Policy annexed to these App Terms, and the Website Terms of Service will be deemed the final and integrated agreement between you and us on the matters contained in these App Terms. Notwithstanding anything to the contrary, the parties expressly agree that no browse-wrap, click-wrap or other terms and conditions provided with any other documents or materials provided or otherwise made available by you will constitute a part or of amendment to these App Terms or are or will be binding us.  
  11. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these App Terms and any applicable purchase or other terms, the terms of these App Terms shall govern.  
  12. Copyrights. If you are a copyright owner and believe that any of the content on the App or the User Contributions infringes your copyright, please contact us by email at hello@yourreformer.com .  

We respect the intellectual property rights of others and expect users of the App and Website Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: 

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; 
  • identification of the copyrighted work claimed to have been infringed; 
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 
  • your contact information, including your address, telephone number, and an email address; 
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

We reserve the right to remove any User Contribution alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.  

If you are located in the United States of America, under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the App is: 

DMCA-1060694  

Your Reformer 

[ATTN:] Marketing Department 

[Address] 106 Watt Road Mornington, 3931  Australia  

[Email] copyright@yourreformer.com 

  1. Contacting Us. For questions, comments, complaints, or claims related to the App, please contact us at: 

Your Reformer 

[ATTN:] Marketing Department 

[Address] 106 Watt Road Mornington, 3931  Australia  

[Email] hello@yourreformer.com   

ANNEXURE A 

YOUR REFORMER COMMUNITY GUIDELINES  AND USER CONTENT MODERATION POLICY 

  1. Introduction 

(a) BB & NE Co Pty Ltd (Your Reformer, we, us or our) operates the Your Reformer – At Home Application (App) through which you may access our App, and our Website, Website Services, the Content and the Interactive Services, (collectively the Service). 

(b) Please read this Community Guidelines and User Content Moderation Policy (Guidelines and Policy) carefully to understand our policies and practices regarding acceptable User Contributions and behaviour in the App and Service by you, the User, and any other user or third party who is also a subscriber to the App (Member). This Guidelines and Policy describes:  

(i) Your Reformer’s community guidelines for engaging with Your Reformer, our instructors, and other Members across the App and Service through any activity available for you and other Members in the App or the Service, including submitting User Contributions; and  

(ii) Your Reformer’s method for enforcing this Guidelines and Policy. This Guidelines and Policy applies to anyone using the Your Reformer Service. This Guidelines and Policy may change from time to time, so please check this Guidelines and Policy periodically for updates. Capitalized terms not defined herein have the meaning given to them in the Your Reformer – At Home Application Terms of Use (App Terms), which is incorporated into this Guidelines and Policy by this reference. 

  1. Our Mission

(a) Your Reformer uses technology and design to connect the world through fitness, empowering people to be the best version of themselves anywhere, anytime. 

(b) We are committed to creating a safe, supportive and uplifting community for Your Reformer and you and our other Members to connect with each other and share their fitness journeys. 

  1. Guidelines and Policy

(a) As part of the Your Reformer community, you are expected to follow the Guidelines and Policy set forth below and help us maintain a respectful environment across the Your Reformer Service. Failure to follow these Guidelines and Policy may result in the loss of certain privileges on the Your Reformer Service or at Your Reformer -sponsored events, and/or may result in suspension or termination of your Your Reformer account. 

  1. Hate, Offensive, and Obscene Speech

(a) Healthy debates are allowed on the Your Reformer Service, but we ask that you be courteous, kind, and respectful at all times when interacting with others on the Your Reformer Service. 

(b) Hateful, offensive, or obscene speech is strictly forbidden on the Your Reformer Service. This includes any leader board names, locations, profile pictures, tags or any other User Contribution that promotes, relates to, or condones lack of respect, discrimination, or violence of any kind against individuals or groups based on age, ethnicity/culture, race, nationality, immigration status, disability status, physical ability, gender or gender identity/expression, sexual orientation, religion, veteran status, body shape, socio-economic status, or political affiliation. 

(c) Obscene speech includes vulgarity and sexually explicit images and/or phrases. 

(d) Offensive speech also includes speech that misleads or interferes with civic processes and/or otherwise devalues civic integrity. 

  1. Bullying, Harassment, and Other Offensive Behavior 

(a) Bullying, harassment, and any kind of offensive behavior is not allowed on the Your Reformer Service. 

(b) Your Reformer considers behavior to be bullying, harassing, or offensive if it is behaviour that intends to negatively interfere with another Member’s experience on the Your Reformer Service. 

(c)Your Reformer will also not tolerate abusive behaviour from you, prospective customers or other Members toward Your Reformer personnel, such as insistent customer service requests that you or a Member has been told is impracticable, excessive contact intended to intimidate or harass, and/or other inappropriate communication. 

  1. Promotions, Solicitations or Spam

(a) The Your Reformer Service may only be used for your own personal, non-commercial purposes. The offer for the sale of products, content, and/or services on the Your Reformer Service is strictly prohibited. 

(b) Other than with respect to sales or fundraisers posted directly by Your Reformer. Your Reformer does not sponsor or endorse any charitable or other fundraising efforts, and participation in any such efforts is at your and each Member's discretion and risk. 

  1. Member Privacy

(a) Sharing and accessing User Contributions on the Your Reformer Service requires mutual trust. Authentic, expressive discussions make interacting in these platforms great, but may also be sensitive and private. User Contributions shared in the Your Reformer Service should not be shared outside of the Your Reformer Service. 

(b) Your Privacy: When interacting with other Members, you should exercise caution and common sense to protect your privacy, just as you would when interacting with other people you don’t know. 

(c) You have control over what you share on the Your Reformer Service, how you allow others to interact with your User profile on the Your Reformer Service (such as allowing other Members to follow your activity, the display of the run/walk route map on iOS devices, etc) and you can always choose the settings that suit your preferences by updating your privacy settings. 

(d) Your correspondence or dealings with any other Member or third party in or through the Your Reformer Service, and any decision to move your correspondence outside of the Your Reformer Service, is solely between you and such other Member or third party. Your Reformer is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings. 

  1. Intellectual Property & Right of Publicity

(a) The name Your Reformer and “YR” logo are registered trademarks of Your Reformer. Photos, videos and other images posted by Your Reformer on the Your Reformer Service are copyrighted assets of Your Reformer or its third-party licensors. These marks and assets cannot be used by anyone except for Your Reformer. Please review our Intellectual Property Policy located in the Terms of Service for more information on our intellectual property rules and guidelines. 

(b) You may not post any User Contribution that uses, impersonates or exploits the name, image, likeness, biographical information or any other identifying characteristics of any individuals, groups, or organizations, whether associated with Your Reformer or not, in a manner that is misleading or confusing as to the identity or origin of such User Contributions. 

  1. User Content Moderation and Enforcement of this Guidelines and Policy

(a) If Your Reformer in its sole discretion determines that any User Contribution violates this Guidelines and Policy, we will remove or modify the User Contributions, with or without notice to you or the relevant Member. 

(b) If Your Reformer in its sole discretion determines that your or another Member’s behavior violates this Guidelines and Policy, Your Reformer may provide notice to you or the other Member and may take any other technological measure available to stop the behavior. 

(c) If Your Reformer in its sole discretion determines that you or another Member repeatedly or egregiously violates this Guidelines and Policy, Your Reformer may limit or remove your or such Member’s access to parts of the Your Reformer Service, and in some cases, Your Reformer may temporarily suspend or permanently terminate your or the other Member’s Your Reformer account, with or without further notice. 

  1. Contact Us

(a) Report a Violation: If you believe any User Contributions or Member behaviour is in violation of this Guidelines and Policy and wish to report it to Your Reformer, you may voluntarily submit the violation by email to hello@yourreformer.com.au 

(b) Appeal a Violation: If you believe that Your Reformer deemed your behaviour or User Contributions on the Your Reformer Service a violation of this Guidelines and Policy in error, you may voluntarily submit an appeal by email to hello@yourreformer.com.au 

(c) Please do not expect a personal response from Your Reformer after making the applicable form submission described above. Your Reformer in its sole discretion will determine whether a violation has occurred and whether a violation is upheld or reversed. 

 

Dated: September 16, 2024