Terms of Service

LAST UPDATE October 17, 2025
Welcome to Wodify!

1. Introduction

Thanks for using the Wodify mobile applications (including Wodify, Wodify POS, Wodify Rise, Wodify Athlete, Wodify Core, and Wodify Arena – Judge’s App, as well as any other Wodify services that link to or reference these Terms) and/or visiting our website at wodify.com (collectively, the “Wodify Apps”). The Wodify Apps are provided by Wodify Technologies, LLC, a New Jersey limited liability company (“Wodify”, “we,” “our,” or “us”).

By using the Wodify Apps, you are agreeing to these Terms of Service (“Terms”). Please read them carefully. The Wodify Apps are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Wodify Apps, then those additional terms become part of your agreement with us if you use those Wodify Apps. By accessing or using the Wodify Apps, you intend and agree to be legally bound by these Terms. You may wish to print or save a local copy of the Terms for your records.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTIONS 9 AND 10 BELOW. THESE TERMS ALSO CONTAIN A WAIVER OF CLASS ACTION RELIEF AND A BINDING ARBITRATION PROVISION IN SECTION 17 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.

2. Using the Wodify Apps

You must follow any policies made available to you within the Wodify Apps, including our Privacy Policy. Our Privacy Policy and Cookie Policy are incorporated by reference into these Terms and govern our collection and use of information in connection with the Wodify Apps.

Don’t misuse the Wodify Apps. For example, don’t interfere with the Wodify Apps, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Wodify Apps (in other words, no scraping). You may use the Wodify Apps only for your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the Wodify Apps to you, at any time and with or without notice, if you do not comply with our terms or policies, if we suspect misconduct, or for any other reason. Without limiting the foregoing, you may not (a) bypass or attempt to bypass any rate limits or technical restrictions we impose, (b) access or use any undocumented APIs, or (c) probe, scan, or test the vulnerability of the Wodify Apps or related systems without our prior written authorization.

Using the Wodify Apps does not give you ownership of any intellectual property rights in the Wodify Apps or the content you access through them (“Content”). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in the Wodify Apps, including the Wodify name and logo. Don’t remove, obscure, or alter any legal notices displayed in or along with the Wodify Apps.

The Wodify Apps display some Content that is not our own, for example, Content belonging to third parties, you, or other users (collectively, “Third Party Content”). We are not responsible for, and you waive all of our liability with respect to, Third Party Content. Third Party Content is the sole responsibility of the individual or entity that makes it available to you via the Wodify Apps. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law at any time and with or without notice. But we do not generally review Content beforehand, and we are not obligated to do so.

Third-party products, services, or integrations accessed through the Wodify Apps are subject to their own terms; we do not control and are not responsible for such third-party offerings and may disable or remove integrations that, in our discretion, pose security, compliance, or operational risk.

The Wodify Apps may enable access to third-party applications, services, or integrations (“Non-Wodify Apps”). You are responsible for any Non-Wodify Apps you enable, and your use is governed by the third party’s terms and privacy policies. We do not warrant or support Non-Wodify Apps and may suspend or disable integrations that pose security, compliance, or operational risk.

In connection with your use of the Wodify Apps, we may send you service announcements, administrative messages, and other information about us. By using the Wodify Apps, you consent to receiving email messages, text messages (e.g., SMS and/or MMS communications) and/or telephone calls, including to your wireless telephone number(s), from us in connection with your use of the Wodify Apps, including text messages and/or telephone calls that are automatically dialed and/or include pre-recorded messages. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing emails or disabling notifications in the Wodify Apps’ settings. You opt out of receiving text messages by replying “STOP” to the text message that you received, after which, Wodify will send you a reply message to confirm that you have been unsubscribed. Please be aware that there may be a brief period before we are able to process your opt-out requests. You agree that operational or transactional communications related to the Wodify Apps may still be sent after you opt out of marketing messages, and you represent that you have the authority to consent to such communications for any number you provide under applicable law.

For clarity, the following terms supplement the communications paragraph above and control where more specific. We may send operational or transactional messages (e.g., receipts, security alerts). We send marketing texts or calls only with your prior express written consent where required by law; consent is not a condition of purchase.

If you opt in to marketing texts or calls, you authorize Wodify (and not unrelated third parties) to contact you at the number provided using an autodialer or prerecorded message, consistent with applicable law; consent applies only to Wodify. You can opt out at any time by replying STOP to any text or using provided unsubscribe mechanisms; we maintain records of consent and opt-out consistent with applicable law. Message and data rates may apply.

Using the Wodify Apps, or receiving messages related to the Wodify Apps, on mobile devices may cause you to incur messaging or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile features (as applicable).

3. Your Wodify Account

You may need an account in order to use certain portions or capabilities of the Wodify Apps. If you create your own account, you agree that all registration information you give us will be accurate and current. If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply, and your administrator may be able to access or disable your account. You will timely notify us of any changes to any of the foregoing information.

You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Wodify Apps password, or on which you enable a “Remember Me” or similar functionality (“Activated Device”). Accordingly, you agree that you will be solely responsible for all activities that occur under your Wodify Apps accounts, including the activities of any individual with whom you share your Wodify Apps account or an Activated Device. To protect your account, keep your password confidential. If you learn of any unauthorized use of your password, please contact us at support@wodify.com. If we believe there is a security risk to you, us, or others, we may suspend access to your account or certain features pending remediation.

You must be at least 13 years old (or older where local law requires) to use the Wodify Apps; by using the Wodify Apps you represent that you meet the applicable minimum age.

4. Privacy and Feedback

Our Privacy Policy explains how we treat your personal information and protect your privacy when you use the Wodify Apps. By using the Wodify Apps, you agree that we can collect, use, and share data from you as described in our Privacy Policy. We are not responsible for any information or Content that you share with others via your use of the Wodify Apps. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Wodify Apps.

Where your Organization (e.g., your gym or employer) is the data controller, Wodify acts as a data processor and processes personal data on documented instructions from that Organization pursuant to our data processing terms; in other contexts (such as direct marketing to site leads) Wodify may act as an independent controller as described in our Privacy Policy. Where an Organization is the data controller, our data processing terms (including our list of sub-processors) apply and are incorporated by reference. Our Cookie Policy describes cookie categories, choices (including Do Not Sell/Share where applicable), and recognition of Global Privacy Control signals as required by law.

If you submit feedback or suggestions about the Wodify Apps, you agree that we may use your feedback or suggestions for any purpose without obligation to you.

You may submit, upload, and share videos, pictures, text and other content to or through the Wodify Apps (“Your Content”), and in doing so you must follow these Terms and the rules and policies referenced in these Terms. You retain ownership of any intellectual property rights that you hold in Your Content. In short, what belongs to you stays yours.

When you upload, submit, or otherwise share Your Content to or through the Wodify Apps, you give us (and those we work with) a non-exclusive, worldwide, royalty-free license to host, reproduce, process, adapt, display, and transmit Your Content solely as necessary to operate, provide, secure, support, and improve the Wodify Apps; to provide services to your Organization; and to comply with law. This license ends when Your Content is deleted from our systems, subject to reasonable backup, audit, and legal hold retention.

You agree that you will not use the Wodify Apps to:

Violate law or a third-party’s rights;
Submit excessive or unsolicited commercial messages or spam any users;
Submit malicious content or viruses;
Submit false or misleading information;
Solicit other people’s login information, credit card numbers, or other sensitive information;
Harass, abuse, insult, harm, defame, slander, disparage, intimidate or bully other users; or
Post objectionable, offensive, or harmful content, including but not limited to, content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.

You also agree not to export, re-export, or otherwise transfer the Wodify Apps or related technical data in violation of applicable sanctions and export control laws.

6. Digital Millennium Copyright Act Notice

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and we require our users and customers to do so, as well. If you are a copyright owner or its agent and believe that any content residing on or accessible through the Wodify Apps infringes upon your copyright, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with all of the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing all of the following information to the Designated Agent at the address below

The specific URLs or other location of material that we have removed or to which we have disabled access.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the state and federal courts located in Denver County, Colorado, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Your signature.

Upon receipt of a valid counter-notification, we will forward it to the Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Wodify Apps.

The contact information for our Designated Agent is:
Wodify Technologies, LLC
Attention: Copyright Agent
1580 N. Logan St., Ste 660, PMB 86275
Denver, CO 80203
Email: support@wodify.com

If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at support@wodify.com. We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of Wodify or others, and/or to remove, delete, edit or disable access to such person’s content. You agree that we have no liability for any action taken in accordance with this Section.

7. About Software in the Wodify Apps

You may be required to download software to use the Wodify Apps or certain features of the Wodify Apps, and the Wodify Apps may enable you to access software running on our (or our vendors’) servers (collectively, “Software”). You agree that we retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating.

Wodify gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Wodify Apps. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Wodify Apps as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Wodify Apps, nor may you reverse engineer or attempt to extract the source code of the Wodify Apps, unless laws prohibit those restrictions or you have our written permission.

There may be software programs contained within certain Wodify Apps that have been licensed to us by third parties. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Wodify Apps. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.

Any free, trial, or beta features are provided AS IS and may be changed, suspended, or discontinued at any time at our discretion.

Where we provide APIs or developer tools, you must use them only as documented and within published rate limits; we may revoke credentials or limit access for violations or risk to the Wodify Apps.

8‍. Modifying and Terminating the Wodify Apps

We are constantly changing and improving the Wodify Apps. We may add or remove functionalities or features, and we may suspend or stop providing any Wodify App altogether, at any time, with or without any notice and without any liability. We implement and maintain administrative, physical, and technical safeguards designed to protect the Wodify Apps and data processed in the Wodify Apps, and we may update or modify such safeguards from time to time at our discretion.

You can stop using the Wodify Apps at any time, although we’ll be sorry to see you go. We may also stop providing Wodify Apps to you, or add or create new limits to the Wodify Apps, at any time, with or without notice.

Sections 9 – 18 will survive termination or expiration of these Terms indefinitely.

9. ‍Our Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER WODIFY NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE WODIFY APPS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE WODIFY APPS, THE SPECIFIC FUNCTIONS OF THE WODIFY APPS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE WODIFY APPS “AS-IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND (WHERE APPLICABLE) THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE WODIFY APPS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

10. ‍‍Liability for the Wodify Apps

TO THE EXTENT NOT PROHIBITED BY LAW, WODIFY (AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

To the extent not prohibited by law, the total liability of Wodify (and its affiliates, officers, directors, managers, members, employees, and agents), and our licensors, suppliers, advertisers, and distributors, for any and all claims under these Terms or relating to your use of the Wodify Apps, including for any implied warranties, is limited to the fees you paid (if any) for the Wodify Apps in the twelve (12) months preceding the first event giving rise to liability. The foregoing limitation is aggregate and applies to all claims and causes of action, and is not increased by multiple claims, claimants, or theories. If you access the Wodify Apps under an agreement between Wodify and an Organization (e.g., an MSA), the liability limitations in that agreement control as between Wodify and the Organization.

IN ALL CASES RELATING TO PROVIDING YOU THE WODIFY APPS, WODIFY (AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, EPIDEMICS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

WODIFY HAS NO LIABILITY ARISING FROM OR RELATING TO ANY FREE, TRIAL, OR BETA FEATURES OF THE WODIFY APPS.

11. ‍‍Payments; Subscriptions; Taxes

Payment processing is provided by third-party processors (e.g., Stripe). By enabling payments, you agree to the applicable processor’s services agreement (including any connected account terms), and authorize Wodify to share information with the processor to provide payment services.

You are responsible for applicable taxes unless we state that we collect them. Disputed transactions, chargebacks, or refunds that you initiate (in whole or in part) may result in temporary holds, reserves, reversals, or a negative balance; you must ensure sufficient funds to cover any refund, and you authorize us and our processor to recover amounts via debit, credit, or set-off against current or future payouts, or by debiting your designated payment instrument or bank account, in each case as permitted by law and your plan terms.

Before you complete any subscription purchase, we will present key terms, including renewal cadence, how to cancel, and all material terms of any free trial or promotional pricing. For plans of twelve (12) months or longer that renew automatically, we will send a pre-renewal notice 3–7 weeks before renewal with steps to cancel to avoid renewal. If you enrolled online, you can cancel online in your account or via a link in the pre-renewal notice; we will send a cancellation confirmation. Any early-termination fee will be disclosed upfront and will not exceed applicable legal limits. State-specific terms that provide you additional rights (e.g., California, Colorado, New York, Vermont) apply and control to the extent of any conflict.

12. ‍‍Export Controls & Sanctions

You represent you are not (i) located in, organized under the laws of, or ordinarily resident in any embargoed or comprehensively sanctioned country or territory, or (ii) a denied party (including on U.S. or other applicable government restricted-party lists).

You will not access or use the Wodify Apps in violation of U.S. export control or sanctions laws, and you will not transfer the Wodify Apps or related technical data to prohibited persons or destinations.

We may suspend or terminate access immediately for sanctions or export-control risk.

13. ‍‍Business/Employer Uses of the Wodify Apps

If you are using the Wodify Apps on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms. If you access the Wodify Apps under an agreement between Wodify and an Organization (e.g., the Master Services Agreement), that agreement controls in the event of a conflict with these Terms as between Wodify and the Organization.

14. ‍‍‍Indemnification

You hereby agree to indemnify, defend, and hold harmless Wodify, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, managers, members, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees), resulting from or arising out of your actual or alleged breach of these Terms, any Content you provide through the Wodify Apps, or your use or misuse of the Wodify Apps. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.

15. ‍‍‍About these Terms

We may modify these Terms or any additional terms that apply to the Wodify Apps for any reason, for example, to reflect changes to the law or changes to the Wodify Apps. You should look at the Terms regularly and the “Last Updated” date at the end of these Terms. We’ll use reasonable efforts to give you notice of any material modifications, such as posting notice of modifications to these Terms in the Wodify Apps, or via email. Material changes will take effect no sooner than thirty (30) days after notice unless required sooner by law or for security, safety, or compliance reasons; changes to arbitration or fee terms apply prospectively and, where required by law, only with your affirmative consent. By continuing to use the Wodify Apps after we make any such modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified terms, you should discontinue your use of the Wodify Apps.

If there is a conflict between these Terms and any additional terms for any Wodify App, the additional terms will control for that conflict.

These Terms control the relationship between Wodify and you. They do not create any third-party beneficiary rights (except in the limited case of Sections 7 and 16). If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the United States and the State of Colorado, excluding Colorado’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Wodify Apps. Subject to Section 17, the exclusive venue for any action permitted in court is the state or federal courts located in Denver County, Colorado, and each party consents to personal jurisdiction there.

You may not assign or delegate your rights or obligations relating to these Terms or your account for the Wodify Apps without our prior written consent. We may assign these Terms or assign or delegate any of our rights or obligations at any time.

16. ‍‍‍Third Party Terms

You agree that in addition to these Terms, your use of the Wodify Apps is subject to the usage rules set forth in Apple’s App Store terms of service, if you download our mobile app(s) from the App Store, or in Google’s Google Play terms of service, if you download our mobile app(s) from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download our mobile apps or otherwise access the Wodify Apps.

Without limiting the generality of the foregoing, if you downloaded a Wodify App from Apple, you and Wodify acknowledge and agree to the following: this agreement is concluded between you and Wodify only, and not with Apple Inc. (“Apple”). Wodify, not Apple, is solely responsible for the Wodify Apps and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Wodify Apps. In the event of any failure of any Wodify App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Wodify App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to any Wodify App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Wodify’s sole responsibility. Wodify, not Apple, is responsible for addressing any claims by you or any third party relating to the Wodify Apps or your possession and/or use of the Wodify Apps, including, but not limited to: (i) product liability claims; (ii) any claim that any Wodify App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Wodify Apps, or your possession and use of the Wodify Apps, infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with any applicable third party terms of agreement when using any Wodify App (e.g., if you have a VoIP application, then you must not be in violation of the applicable wireless data service agreement when using any Wodify App). Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Without limiting the generality of the foregoing, if you downloaded a Wodify App from Google, you and Wodify acknowledge and agree to the following: these Terms are solely made between you and Wodify. Google LLC (“Google”) will not be responsible for, and will not have any liability whatsoever under any end-user license agreement governing any Wodify App. In the event of any defect or performance issue in any Wodify App, you agree to contact Wodify and not Google. To the extent you are asked to create a username, password, or other login information in any Wodify App, and to the extent Wodify Apps access any of your Personal Information (as defined in our Privacy Policy), you understand that all such information is available to Wodify.

The Software is “commercial computer software” and “commercial computer software documentation.” Use, duplication, or disclosure by the U.S. Government is subject to the restrictions in FAR 12.212 and DFARS 227.7202 or successor regulations.

In the event of a conflict between platform terms and these Terms, these Terms control as between you and Wodify to the extent permitted by the applicable platform.

17. ‍‍‍Binding Arbitration

a. Purpose. Any and all Disputes (as defined below) involving you and Wodify will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 17 (the “Arbitration Provision”) shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 17 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights. This Section 17 is governed by the Federal Arbitration Act.

b. Definitions. The term “Dispute” means any claim or controversy related to the Wodify Apps, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, “Wodify” means Wodify and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, managers, members, employees and agents, and “you” means you and any users or beneficiaries of your access to the Wodify Apps. For the avoidance of doubt, “Dispute” includes disputes concerning the interpretation, enforceability, or scope of this Arbitration Provision.

c. Informal Resolution Requirement. Before commencing arbitration, the initiating party must send a written Notice of Dispute and participate in a good-faith informal conference within sixty (60) days of the other party’s receipt. If the parties are unable to resolve the Dispute within that period, either may commence arbitration.

d. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Wodify by mail at 1580 N. Logan St., Ste 660, PMB 86275, Denver, CO 80203.

e. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Wodify may bring an individual action in a small claims court in the area where you access the Wodify Apps if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

f. Arbitration Procedures. Arbitrations shall be administered by JAMS under its Streamlined Arbitration Rules and Procedures for claims of $250,000 or less, or by AAA under its Consumer Arbitration Rules for other claims, as modified by this Arbitration Provision. A single arbitrator will resolve the Dispute. Unless the parties agree otherwise, any arbitration hearing will take place in Denver, Colorado, or by remote means at the election of the party bringing the claim. The arbitrator will honor claims of privilege recognized by law, take reasonable steps to protect confidential information, and issue a reasoned written decision. If there is a conflict between this Arbitration Provision and the applicable arbitration rules, this Arbitration Provision controls. If the administering organization will not administer a proceeding as written, the parties will agree on a substitute administrator or petition a court of competent jurisdiction in Denver County, Colorado to appoint one.

g. Mass Arbitration Protocol. If, within a 90-day period, fifty (50) or more similar demands are filed by or with the assistance of the same law firm or coordinated firms against Wodify, the parties agree to (a) group the demands into randomized batches of no more than 50 and (b) conduct a bellwether process in which an initial set of batch cases are arbitrated to final awards, after which the parties shall engage in a mandatory mediation. Filing fees and arbitrator compensation for batched proceedings will be allocated as required by law and applicable rules. The arbitrator(s) may not consolidate claims across batches without the parties’ consent.

h. Waiver of Class Actions and Collective Relief. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER WODIFY APP USERS, OR OTHER PERSONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. Where required by law, this Section does not waive a party’s right to seek public injunctive relief in a court of competent jurisdiction.

i. Arbitration Fees and Costs. Fees and costs will be allocated as required by law and the applicable arbitration rules; otherwise, each party shall bear its own.

j. 30-Day Opt-Out. You may opt out of this Arbitration Provision within thirty (30) days of first accepting these Terms by sending your name, account email, and a clear statement opting out to legal@wodify.com or to Wodify Legal, 1580 N. Logan St., Ste 660, PMB 86275, Denver, CO 80203. Opting out does not affect other provisions of these Terms.

k. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND WODIFY AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

l. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.

18. ‍‍‍Force Majeure

Neither party is liable for delay or failure to perform due to events beyond its reasonable control (including acts of God, government action, war, terrorism, labor issues not involving the impacted party’s own employees, Internet or provider failures, or denial-of-service attacks). Obligations resume once the event ends.

19. ‍‍‍Contacting Us

The Wodify Apps are provided and operated by Wodify Technologies, LLC, located at 1580 N. Logan St., Ste 660, PMB 86275, Denver, CO 80203. All feedback, comments, and other communications relating to the Wodify Apps or these Terms should be sent to us at support@wodify.com.