Welcome to Spot Me Trainer
BY PURCHASING A SPOT ME TRAINER SUBSCRIPTION (A “SUBSCRIPTION”) TO THE SPOT ME TRAINER SERVICES PROCURED OR PURCHASED BY YOU, OR FOR YOU (THE “SPOT ME TRAINER SUBSCRIPTION SERVICES”), YOU AGREE TO THESE ADDITIONAL TERMS FOR SPOT ME TRAINER SUBSCRIPTION SERVICES (“SUBSCRIPTION TERMS”). THESE SUBSCRIPTION TERMS SUPPLEMENT THE SPOT ME TRAINER TERMS OF USE (“TERMS OF USE”). PLEASE READ THIS LEGAL DOCUMENT CAREFULLY IN CONJUNCTION WITH THE TERMS OF USE, AS BOTH THE TERMS OF USE AND THESE SUBSCRIPTION TERMS GOVERN YOUR USE OF SPOT ME TRAINER SERVICES. TERMS CAPITALIZED HEREIN BUT NOT OTHERWISE DEFINED SHALL HAVE THE MEANINGS GIVEN TO THEM IN THE TERMS OF USE. IN THE EVENT OF ANY CONFLICT BETWEEN THESE SUBSCRIPTION TERMS AND THE TERMS OF USE, THESE SUBSCRIPTION TERMS SHALL GOVERN TO THE EXTENT APPLICABLE TO THE SPOT ME TRAINER SERVICES.
IF YOU SUBSCRIBE TO THE SPOT ME TRAINER SERVICES FOR THE COMMITMENT PERIOD (AS DEFINED BELOW), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A MONTHLY BASIS AT THE EXPIRATION OF THE COMMITMENT PERIOD AT SPOT ME TRAINER -CURRENT SUBSCRIPTION PRICE FOR SUCH SUBSCRIPTION UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW.
1. SUBSCRIPTION COVERAGE AND BILLING CYCLE
- a. Subscriptions. By purchasing a Subscription you will get full access to all of the SPOT ME TRAINER Subscription Services available, including classes, content, and features, on the SPOT ME TRAINER website. located at including its subdomains, the “Site”) and through applications accessible through mobile and desktop applications (collectively, theSPOT ME TRAINER App”) to which the Subscription is entitled for as long as the Subscription remains active. For clarity, one-on-one personal training sessions are not included in the base Subscription and may be purchased as described below. The account holder of the Subscription will be the person who activated the Subscription (the “Subscription Holder”). Subscription Holders may possess one or more Subscriptions. The Subscription Holder will be solely responsible for all activity occurring under the Subscription, including that of any individuals accessing and using the Subscription under the Subscription Holder’s account and Subscription, and their compliance with the Terms.
- b. Billing Cycle. All Subscriptions recur until they are canceled in accordance with the terms below. Billing occurs at the beginning of the Subscription cycle and provides unlimited access for one month thereafter (or such longer time as is associated with the Commitment Period as defined below).
2. ACCOUNT REGISTRATION
You can register by creating an account on the SPOT ME TRAINER App, as further described in the Terms of Use. All information provided in connection with your account must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up to date and must provide changes promptly via the “ACCOUNT” page in the SPOT ME TRAINER Services. SPOT ME TRAINER use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
3. COMMITMENT PERIODS
- a. Commitment Period. When you first sign up for a Subscription you may agree to a specific price and plan, which may include a commitment period term of one or more months or such other period offering and a requirement to prepay the applicable fees for such time (“Commitment Period”). You agree to maintain your Subscription for the applicable Commitment Period. The price available with your plan is valid until the Commitment Period expires, at which time your Subscription will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Subscription level.
- b. Other Offers. SPOT ME TRAINER may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of the Terms. Unless specified in writing, all discount offers that require a payment are non-refundable, and all free months offered are included in the Commitment Period (i.e., for a one-year Commitment Period with one free month you will pay for eleven months of the SPOT ME TRAINER Subscription Services in advance). Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Membership Terms.
- c. Auto-Renewal for Subscription Services. Unless you opt-out of auto-renewal or sign up for a new Commitment Period, your Subscription will be automatically extended on the first day following any Commitment Period on a month-to-month basis, at the then-current non-promotional rate for your Subscription level. You agree that your account will be subject to this automatic renewal feature, upon the expiration of the Commitment Period and on a monthly basis after the Commitment Period, unless you cancel your subscription prior to the end of the Commitment Period or the commencement of the new Subscription period, as applicable. If you do not wish your Subscription to renew automatically, or if you wish to change or terminate your Subscription, contact us at customer-serviceor log in and go to the “Subscription” page on your “Account” page. If you terminate your Subscription during the Commitment Period or any then-current term, you may use your Subscription until the end of the Commitment Period or then-current term and your Subscription will not be renewed after the Commitment Period or then-current term expires.
4. TERMINATION OR CANCELLATION OF SUBSCRIPTION
- a. Cancellation of Subscription. You may only cancel your Subscription after the expiration of your Commitment Period, except as may be allowed under applicable law. You agree that if you cancel your plan before the end of the Commitment Period, you will remain responsible for all outstanding Subscription fees (if any) for the remainder of the Commitment Period. Prepaid amounts will not be refunded.
- b. Suspension/Termination bySPOT ME TRAINER may immediately terminate or suspend your account, and all or a portion of your Subscription, without notice if: (i) your payment is more than 10 days overdue; (ii) you provide false or inaccurate information; (iii) you violate the Terms; or (iv) you engage in conduct that violates applicable law or that is threatening, abusive or harassing to SPOT ME TRAINER employees, agents, or other SPOT ME TRAINER users. If we terminate or suspend your Subscription, your license to use the SPOT ME TRAINER Subscription Services is also terminated or suspended (as applicable). If your Subscription is terminated, SPOT ME TRAINER may immediately delete all data, files, and other User Content associated with your account without further notice to you. You must pay all charges through the date of termination. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
5. PAYMENT
- a. Purchases and Fees. Subscription Holders agree to pay the monthly fee specified when you signed up for a Subscription, and, if applicable, any one-time fee specified when you purchase certain classes, courses, sessions, or access to certain events through SPOT ME TRAINER Services (including, for example, in-person classes and events) that are not otherwise included in your Subscription. If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- b. Authorization of Charges and Payment. Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
- c. Applicable Terms and Cancellation Policy. You acknowledge and agree that the Terms of Use apply to any purchase you make, and you will be responsible to pay the applicable fees, which may be charged in advance and which may change at any time. Cancelling any purchases by you shall be subject to SPOT ME TRAINER cancellation policy which will be posted on the SPOT ME TRAINER Site or the SPOT ME TRAINER App.
- d. Billing Authorization. You may be asked to provide a credit, charge, or debit card number from a card issuer that we accept in order to activate your Subscription or, if applicable, your Virtual Training Session. Your authorizations in this section also apply to our payment processor and any other company who acts as a billing agent for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for the Subscription and/or to place a hold on your payment method with respect to any unpaid charges for Subscriptions or Virtual Training Sessions. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Membership Terms shall be accepted as authorization to the issuer of the payment provider to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither SPOT ME TRAINER nor any SPOT ME TRAINER agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
- e. Automatic Renewals. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for the then-current Subscription period and you are committed to pay all monthly payments within the Commitment Period. Upon renewal of your Subscription, if we do not receive payment from your payment provider, (i) you agree to pay all amounts due on your account upon demand and/or (ii) you agree that we may either terminate or suspend your Subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new Commitment Period for your Subscription will begin as of the day payment was received).
- f. Third-Party Payment Processor. You agree to pay us, through our payment processor or financing partner (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provided when you set up your account. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.
- g. Bill Inquiries and Refunds. If you believe you have been billed in error for a Subscription or a Virtual Training Session, please notify us within 60 days of the billing date by contacting us at customer service will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.