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 expect from us and what we expect from you. By accessing our Site, App and Services (as defined below), you're agreeing to these Terms, so please take a moment to read them carefully.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY:

These Terms and Conditions (“Terms”) describe the terms and conditions applicable to your access and use of the website at www.movesapp.com and all affiliated subdomains and affiliated URLs (the “Site”), the MOVES by 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, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND TO A JURY TRIAL. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

1. Application and Acceptance of the Terms.

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 are not permitted to receive any Services under the federal, state, regional or local laws of the country or region in which you are resident or from which you use the Services. Notwithstanding the foregoing, if you are under the age of 13, please do not attempt to register with us on the Site or the App or provide any personal information about yourself to us.

1.3 You acknowledge and agree that MOVES may amend these Terms at any time by posting the relevant 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 precedence over the Terms only in relation to that Service concerned.

2. Provision of Services.

2.1 You must register an account on the Site in order to access and use some Services. Further, MOVES reserves the right, without prior notice, to restrict access to or use of the Site, the App, or the Services (or 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.

2.4 MOVES may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that for and Services subject to a one-time fee, such changes will not substantially adversely affect the paying Users in enjoying such Service, subject to any further terms applicable to such Service.

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 is not affiliated with, and you are solely responsible for adhering to, any additional terms that may be applicable to such purchase. If you cancel your subscription, your account access will automatically terminate at the end of your then-current subscription period. Any cancellation will take effect at the end of your then-current subscription term, unless such cancellation is made less than twenty-four (24) hours before the end of the then-current subscription term, in which case your subscription may renew and your cancellation will take effect at the end of such subsequent subscription period. MOVES may change the 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 discretion. Individuals, households, and members of organizations with an active MOVES subscription are not eligible to receive a free trial. We may use payment information, address, device ID, email address, or other information received to determine eligibility. Free trial eligibility may be limited in connection with other offers and promotions. Your subscription will automatically renew at the standard monthly, annual, or other durational price, depending on the preference indicated at sign up, at the end of your free trial period unless you cancel prior to the end of the free trial period. Subscriptions terminated during the free 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 applicable laws and regulations when using the Site, App, and Services.

3.2 You agree to use the Site, App, and Services solely for your own private and internal purposes and that MOVES grants you a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Site, App and Services (or any portion or contents thereof). You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, 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, please review our [Privacy Policy Link].

3.4 MOVES may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' website. You are cautioned to read such website terms and conditions and/or privacy policies of any third-party websites before using them. You acknowledge that MOVES has no control over such third parties' 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.

3.7 By posting or displaying any information, content or material (“User Content”) on the Site or App or providing any User Content to MOVES or our representative(s), including via social media interactions, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to MOVES to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using such User Content as a product description on the Site and App, advertising outside the Site and App, and otherwise using any or all of the User Content in any form, media, 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 our community guidelines. This may include taking actions related to profanity, body shaming, or spam-like content.

4. Transactions.

4.1 You agree to provide all information and materials as may be reasonably required by MOVES in 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 your order is processed, in the case of electronic purchases, or at the time the third-party shipping carrier delivers your order to the destination provided in connection with your purchase, in the case of orders of physical products. All orders are nonrefundable. MOVES shall have no obligation or liability for orders delivered to an incorrect address as a result of any error in the address you provide at the time of purchase.

4.4 To the extent we run any promotions or provide any discounts or bundles, you agree to any additional 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.

5. Limitations of Liability; General Health Notice

5.1 All information provided on the Site and the App, including information provided through the Services, is provided for informational purposes only. MOVES and its employees, contractors and affiliates do not provide any medical advice or treatment in the provision of the Site, App or Services. It is your responsibility to determine whether to participate in any program, including those involving general 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 “WITH ALL FAULTS”, AND MOVES HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

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.

5.4 Any material downloaded or otherwise obtained through the Site or App is done at each User's sole discretion and risk and each User is solely responsible for any damage to such User’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from MOVES or through or from the Site or App shall create any warranty not expressly stated herein.

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.

5.6 MOVES shall not be liable for any special, direct, indirect, punitive, incidental or consequential

damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: (a) the use or the inability to use the Site, App, or Services; (b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site or App; (c) unauthorized access by third parties to data or private 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 BY THE USER TO PROVE ACTUAL DAMAGES. ALL CLAIMS ARISING FROM THE USE OF THE SITE, APP, OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION AROSE.

5.8 The limitations and exclusions of liability to you under these Terms shall apply to the maximum extent permitted by law and shall apply whether or not MOVES has been advised of or should have been aware 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.

7. Intellectual Property Rights.

7.1 MOVES is the sole owner or lawful licensee of all the rights and interests in the Services, Site, App, User Content and Site Content. If you'd like to opt-out of having your User Content shared, please email support@movesapp.com. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual 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 parties without prior written approval from such parties.

8. Notices.

8.1 All legal notices or demands to or upon MOVES shall be made in writing and sent to MOVES personally or by courier, certified mail or facsimile to the following address: PO BOX 31752

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.

8.3 You agree that all agreements, notices, demands, disclosures and other communications that MOVES sends to you electronically satisfy the legal requirement that such communication should be in writing.

9. General Provisions.

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.

9.4 Headings in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

9.5 MOVES’ failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of MOVES right to act with respect to subsequent or similar breaches.

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 applicable law, you and we hereby agree to proceed as follows. Any dispute, claim or controversy between you and MOVES that arises from or relates in any way to these Terms (including any alleged breach thereof), or MOVES’ relationship with you (collectively, “Dispute”) shall be exclusively resolved through binding individual arbitration except as specifically provided otherwise herein. “Dispute” as used in the Terms shall have the broadest possible meaning and include claims that arose before the existence of these Terms (or any prior terms). You and MOVES each waive the right to a jury trial and the right to litigate 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 at support@movesapp.com with a copy mailed to PO BOX 31752 Greenville, SC 29608. If we are unable to resolve any dispute within thirty (30) days after a properly completed and addressed Demand for Arbitration is received, you or we may commence arbitration.

The U.S. Federal Arbitration Act (9 U.S.C.§§ 1–16) governs the interpretation and enforcement of these Terms. Any arbitration will be conducted by JAMS, an established alternative dispute resolution provider, 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 small claims court having jurisdiction over the claim. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. If the small claims court determines that it does not have jurisdiction, the matter will return to arbitration. All other issues, except as otherwise provided herein, are exclusively for an arbitrator to decide, including but not limited to scope and enforceability of these Terms, as well as any request to 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 enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought in the state or federal courts located in the State of South Carolina and you and MOVES agree to personal jurisdiction in such courts. All other claims shall be arbitrated.

YOU AND MOVES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and MOVES 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 offers gift cards for purchase, which can be used to purchase subscriptions on the MOVES Site and App. Purchases of gift cards are nonrefundable. Gift card values do not expire.

11. Changes to 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: [Terms link].

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 additional Terms & Conditions:

• 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 yourself (for example, by using a different email address).
• Incentive. For each Qualified Referral, you will receive a $5 reward, which will be applied to your next payment made to Moves following verification by MOVES of the Qualified Referral. This reward has no cash value and may only be applied to purchases on the MOVES Site or App.
• No Spam. You must comply with all up-to-date "SPAM" laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral code that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from MOVES Referral Program.
• Right to Close Accounts. MOVES reserves the right to close the account(s) of you and/or any Referred Customer and to request proper payment if you and/or any Referred Customer attempts to use the MOVES Referral Program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
• Right to Cancel Program or Change Terms. MOVES reserves the right to cancel the Referral Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

13. Tighter Together Program Details

13.1 MOVES may occasionally offer special, limited-time program offerings that are not otherwise included in its standard subscription offering. Such program offerings include MOVES’ “Tighter Together” challenges.

13.2 In addition to terms of the Services, the following terms apply with regard to the Tighter Together challenges:

• Price. Tighter Together is available to users to purchase for a fixed price, to be determined by MOVES, in its sole discretion. The price for each Tighter Together challenge may vary by region and may depend on the currency MOVES accepts for payment. Tighter Together purchases are nonrefundable.
• Payment. The payment for any Tighter Together challenge applies only to the limited time frame during which such Tighter Together challenge is set to run, as established by MOVES, in its sole discretion. If a user wishes to participate in a future Tighter Together challenge, the user will need to pay the one-time fee for each subsequent challenge in order to participate in any such subsequent Tighter Together challenge.
• Resources. In each Tighter Together challenge, MOVES may make certain downloadable electronic resources available to users. MOVES grants users a limited, personal, non-transferable, non-sublicensable and revocable license for such resources for each user’s personal use. Unless expressly authorized herein or in the Tighter Together challenge, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Tighter Together challenge. You may retain a single electronic copy of program resources for personal use after the end of the Tighter Together challenge.
• Duration. MOVES will provide access to Tighter Together challenge resources only for the duration of the Tighter Together challenge. Within six (6) months of the end date of each Tighter Together challenge, users will lose access to all in-app functionality provided during the Tighter Together challenge and materials provided during the Tighter Together challenge may no longer be accessible. MOVES shall have no obligation to provide copies of or access to any information provided during the Tighter Together challenge following the end of the Tighter Together challenge. It is your responsibility to save any materials from the Tighter Together challenge that you wish to keep for personal use as permitted by these Terms after the Tighter Together challenge.
• Discounts. MOVES may offer subscribers a discount to Tighter Together challenges, in MOVES’ sole discretion. MOVES reserves the right to modify, suspend or cancel any discount at any time, in MOVES sole discretion.
• Other Terms Apply. You acknowledge that all other provisions of these Terms further apply to the Tighter Together challenge, including, without limitation, the limitations of liability in Section 5 and the dispute resolution and arbitration provisions in Section 9.9.

14. Contact Information.

Question about these Terms should be sent to support@movesapp.com.