Find our Studio subscriber agreement here

Appilates - End user license agreement

Introduction
- By accessing the App, you consent to be bound by these terms of use, which together with our Privacy Policy, form a binding agreement between you and us. If you do not agree with these terms, do not access the App.
- This Agreement is entered into by you as an end user of the App.
- From time to time we may need to make changes to this Agreement. We will notify you of any changes to this Agreement by posting them on the Website or notifying you via the App and, by continuing to access or use the App, you agree to be bound by the updated terms.
Definitions and interpretation
- In this Agreement, unless the context otherwise requires:

Account means an account registered by you on the App (or a temporary account created by us when you access a Session as a guest user), which enables you to access specified Sessions.

Agreement means these terms of use for end users and our Privacy Policy (as amended by us from time to time).

App means the Appilates website and mobile applications, through which you can access specified Sessions.

Authorised Purpose means to browse and access Sessions for your personal use, and expressly excludes selling or otherwise commercially exploiting any Session.

Personal Information means information about an identifiable individual, or an individual whose identity can be reasonably ascertained from that information.

Privacy Policy means our privacy policy in place from time to time on our Website at https://www.appilates.app/About/Privacy

Session means any guided experience made available to you via the App.

Studio means the person or entity that has created a Session and made the Session available to you via the App.

User Data means any and all data or information (including Personal Information) that you input into the App or otherwise make available to us or a Studio in connection with the App or any Session.

We, us or our means Appilates Limited.

Website means https://www.appilates.app

or such other site as notified by us from time to time.

You and your means the end user of the App and any Sessions who has accepted these terms of use.

Right to use the App
- Subject to compliance by you with this Agreement we grant to you a non-exclusive, non-transferable and non-assignable right for you to access the App during the term of your Agreement solely for the Authorised Purpose.
- You may access and use the App and any Session as a registered user (in which case you will be required to activate an Account via the App) or as a guest (in which case you acknowledge that we will create a temporary account for you, which you may convert to a full Account at the end of your Session by going through the registration process). You shall be liable for all action taken by any person that has obtained access to your Account or temporary log-in (whether they have authorised such access or otherwise) and agree to notify us immediately of any unauthorised use of your Account or temporary log-in, or other breach of privacy or security.
- The relevant Studio is solely responsible for the provision of any Session to you and any arrangements you agree with the Studio (via the App or otherwise). We simply make the platform available to Studios to enable Studios to make the Sessions available to you. As such, if you have any concerns or enquiries regarding a Session, you must contact the Studio directly.
- You accept that the App may evolve and change over time. We reserve the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the App (or any part of it) with or without notice to you. To the extent permissible at law, we will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the App or any Session booked via the App.
- If you experience any technical difficulties when accessing or using the App or any Session, you can contact us directly at https://www.appilates.app/Contact.
Sessions
- You acknowledge and agree that we take no part in and have no responsibility for, or liability in respect of, any Session (including any acts or omissions of, or damage or injury caused by, any Studio personnel, owners, contractors or any other person associated with the Studio), and you agree that:
  - all communications and transactions between you and a Studio directly or via the App (including as part of any Session) will be undertaken by you and the Studio entirely at your own risk;
  - we have no responsibility for, and no liability in respect of, the conduct of, or any act or omission of, any Studio (including in respect of any fees or deposits charged by a Studio, or cancellation or updates to appointments).

Each Session will be undertaken pursuant to the terms of trade you agree with the relevant Studio, which will contain your rights and remedies in respect of the Session. This Agreement is limited solely to your right to access and use the App.

If you need to cancel or reschedule your Session you must do so directly with the Studio as soon as possible. Cancellation fees may be applied by the Studio at its discretion. We will have no control over, or responsibility or liability in respect of, any such fees incurred by you.
If you do not attend your Session (and have not agreed with the Studio to cancel or reschedule it), a no-show fee may be applied by the Studio at its discretion. We will have no control over, or responsibility or liability in respect of, any such fees incurred by you.
We make no warranties or representations in any way whatsoever in respect of:
- any Session performed (or not performed, as the case may be) by a Studio; or
- any fee charged (or not refunded, as the case may be) for any Session by a Studio.
Any dispute or claim relating to a Session will be a matter for resolution between you and the relevant Studio. You will indemnify us for any loss, liability, cost or claim that we suffer or incur arising out of any such dispute or claim.
You agree to:
- act reasonably, in good faith and in accordance with applicable laws in connection with all Sessions you book;
- undertake all correspondence with Studios in a courteous and timely manner;
- comply with all terms of trade that you enter into with Studios regarding a Session.
Sessions are non-transferrable to other individuals.
Any offers and promotions marketed in the App may be subject to additional terms and conditions managed by the relevant Studio(s). They are not redeemable for cash or any other benefits.

Conditions of use
- In your access to and use of the Website, App and any Session(s), you must:
  - only access and use the App for the Authorised Purpose;
  - be at least 16 years old or have authorisation to access the App and Session(s) by a parent or legal guardian;
  - ensure that all information you supply to us (or otherwise input into the Website or the App) is accurate, complete and up to date and promptly notify us of any change to such information;
  - keep all of your access information, including email addresses and log-on credentials, secret and secure; and
  - comply with all applicable laws, rules and regulations and all reasonable instructions, guidelines, procedures and policies notified by via email, the Website or the App from time to time.
- You must not:
  - use the App or any Session for any illegal, immoral, indecent or inappropriate purpose;
  - use the Website, App or any Session in a manner that may bring any Studio, us or any of our products or services into disrepute;
  - reproduce, duplicate, copy, sell, assign, transfer or otherwise exploit for any commercial purpose the App or any Session; or
  - attempt to modify, translate, adapt, edit, decompile, disassemble, reverse engineer or undermine the security or integrity of any software programs used by us in connection with the App.

User Data
- Your User Data will be (and will remain) owned by you. However, you grant to us a licence to access, use and disclose your User Data for the purposes of creating and maintaining your Account, providing you with access to the App and the Sessions and otherwise exercising our rights under this Agreement and any applicable law, enhancing and developing the App and communicating with you about the App, Sessions and any other matters that may be of interest. We may also disclose your User Data (including Personal Information) in connection with a proposed purchase or acquisition of our business or assets, where required by an applicable law or any court, or in response to a request by a legitimate law enforcement agency.
- You grant to us a non-exclusive royalty free world-wide and irrevocable licence permitting us to copy, anonymise, aggregate, process and display your User Data to derive anonymous statistical and usage data, and data about the App and Sessions and your use of them, provided such data cannot be used to identify you or any other individual (Anonymous Data). We may combine or incorporate such Anonymous Data with or into other similar data and information available, derived or obtained from other clients, licensees, users or otherwise (when so combined or incorporated, referred to as Aggregate Data). We will be the owners of all rights, title and interest in and to the Anonymous Data and Aggregate Data.
Ownership
- Title, copyright and all other proprietary rights in:
  - the Website and the App and any associated updates or documentation (and all parts and copies thereof) will remain with us; and
  - the Sessions will remain with the relevant Studios.
- If you provide us with ideas, comments or suggestions relating to the Website or the App (together feedback):
  - we may use or disclose the feedback for any purpose; and
  - all rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us.

Disruption
- We will take all reasonable steps to ensure that the App functions as intended. However, you acknowledge that your access to the App may be disrupted as a result of a malfunction, updating, maintenance or repair of the App or for any other reason within or outside our control.
- To the extent permissible at law, we shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the App or any Session. We will use reasonable endeavours to promptly address (during our normal business hours) technical issues that arise in relation to the App.
Disclaimers
- You agree that use of the App and the Sessions is at your own risk and that we do not warrant that the App or any Session will meet your specific requirements, that a Session will be appropriate for you (including from a health and safety perspective), or that use of the App or any Session will be uninterrupted, timely, secure, or error-free.
- Our obligation in clause 1 is in lieu of all other warranties in respect of the App and any Session on it. To the maximum extent permitted under applicable law, all other warranties, condition and representations, whether express, implied or verbal, statutory or otherwise, and whether arising under this Agreement or otherwise, are excluded (including, without limitation, the implied warranties of merchantability, non-infringement and fitness for a particular purpose).
- Without limiting clause 1:
  - You acknowledge and agree that we simply provide Studios with a platform to create and share their Sessions. As such, you agree that we have no responsibility for, and no liability in respect of, any Session or your access to or use of it, including any psychological or physical harm or distress you may suffer as a consequence of accessing any Session. Neither us nor any Studio is aware of your personal circumstances and, as such, you are solely responsible for determining whether it is safe for you to access a Session.
  - Any dispute or complaint you wish to raise in respect of an individual Session will be a matter for resolution between you and the relevant Studio.
  - Any information or recommendations you receive via the App are not prepared by us and are for information purposes only. They should not be construed as professional or medical advice. You should not act solely in reliance on any statement or recommendation contained in the information provided on the App. It is not intended as a substitute for professional health advice.
  - If you require health advice, you should seek independent professional advice from a person who is licensed and/or qualified as a health professional.

Privacy
- You should ensure that you read our Privacy Policy as it forms part of this Agreement. We will process your Personal Information according to our Privacy Policy.
- We will make every reasonable effort to keep your Personal Information secure. Nevertheless, because internet transmissions cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of Personal Information), you acknowledge and agree that you use the Website and the App at your own risk, and you should only proceed to use the Website and the App if you accept this condition.
- You must not share another person’s Personal Information without that person’s explicit permission.
- If you provide any of your Personal Information to a Studio (for example, via a feedback form or in response to any communication from a Studio), you acknowledge and agree that we do not control and are not responsible for how the Studio uses such Personal Information. Their use of your Personal information will be governed by the Studio’s own privacy policy and it is up to you to review any such policy before disclosing your Personal Information to the Studio.
Third party websites
- The Website may contain links to other websites or resources over which we do not have control (External Websites). Such links do not constitute an endorsement by us of those External Websites. You acknowledge that we are providing these links to you as a convenience, and you further agree that we are not responsible for the content of any External Websites. Your use of the External Websites is entirely at your own risk and is subject to the terms and conditions of use and privacy policies located on the External Websites.
Liability
- To the extent permitted by law, we will not be liable to you, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any Studio or by us or any of our employees, agents or any other persons acting on its behalf.
Cancellation
- You may cancel your Account at any time by following the prompts within the App. Cancellation of your Account does not cancel any agreements, monetarily or otherwise, with the studio.
- We may suspend or terminate your Account at any time if we reasonably suspect you have breached this Agreement.
Apple and Google
- For the purposes of this clause 14:

Apple means Apple Inc and other companies within its group.

Apple Store means the store/platform operated by Apple making the App available to iOS devices.

Google means Alphabet Inc and other companies within its group.

Google Store means the store/platform operated by Google making the App available to Android devices.

You acknowledge and agree that where the App is downloaded from the Apple Store:
- your rights to install and use the App are subject to this Agreement and the relevant terms in the Apple Store terms of service;
- Apple is not responsible for the App in any way, including for any maintenance or support of the App;
- to the maximum extent permitted by law, Apple has no warranty obligations with respect to the App;
- we or the relevant Studio (and not Apple) are responsible for addressing any claims by you or a third party in connection with the App (including any claims by a third party that the App breaches that persons intellectual property rights); and
- though this agreement is entered into between us and you, Apple, as a third party beneficiary under this agreement, will have the right to enforce this Agreement against you.
You acknowledge and agree that where the App is downloaded from the Google Store:
- your rights to install and use the App are subject to this Agreement and the relevant terms in the Google Store terms of service;
- Google is not responsible for the App in any way, including any maintenance or support of the App; and
- we or the relevant Studio (and not Google) are responsible for addressing any claims by you or a third party in connection with the App (including any claims by a third party that the App breaches that person’s intellectual property rights).
For the benefit of each of us, Apple and Google, you represent and warrant that you are not, and will not, be located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and that you are not listed on any US Government list of prohibited or restricted parties.

Force majeure
- Neither party shall be liable for any delay or failure to fulfil its obligations under this Agreement arising directly or indirectly from any circumstance beyond the reasonable control of the affected party (including, without limitation, acts of God, flood, earthquake, storm, fire, epidemic, pandemic, war, embargoes, riot or civil disturbance), provided that the affected party must notify the other party as soon as practicable of the events and use its reasonable endeavours to continue to perform its obligations and mitigate the effects of the event.
Disputes
- Where any dispute arises between you and us in respect of this Agreement or the App, you (or your representative) and we must first use all reasonable endeavours to negotiate in good faith in an attempt to resolve the dispute amicably, before commencing any court or arbitration proceedings relating to a question or dispute relating to this Agreement or the App.
General
- Any notices to be provided by us to you pursuant to this Agreement shall be made by either posting such notice on the Website or by emailing you.
- This Agreement and the supply of the App and Sessions will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand courts in respect of any disputes or claims arising out of or in connection with the App.
- If any provision of this Agreement is determined to be illegal, invalid or otherwise unenforceable, then to the extent, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
- This Agreement constitutes the entire agreement between the parties with respect to the Website, App and Sessions.