We designed Moxie to be an empowering community where everyone can find wellness, where people come together and grow, and where instructors thrive and earn a good living.
We put our users first, and these terms have that in mind. We have tried to make these terms as easy as possible to read. Above each section we have created a summary, but these summaries are not legally binding on their own, so please read the full text and contact us if you have questions.
Summary: By using Moxie you agree to these terms. We also use some terms repeatedly and this section defines them.
Welcome to Moxie.xyz, a Moxie People Inc. product. Moxie.xyz, together with its associated app, are referred to in these terms as the “Platform”, “Moxie”, “we” or “us”. “You” or “your” means you as the user of the Platform (a “User”). You can book, pay for, view and attend classes as an “Attendee”. You can also create, schedule, stream and host paid or Flex Pay classes as an “Instructor” or with your colleague(s) as “Instructors”. Classes offered by Instructor(s) may be for individuals or groups and include “Live Classes”, “Test Classes”, Classes that create Videos On Demand, as well as videos embedded on Moxie that are hosted on a third party site (each singularly a “Class” and collectively “Classes”). Classes include the Class’s studio time, the interactive warm up and cool down rooms before and after the Class’s studio time, or recordings of Classes, either on the app or on/through the website.
Your account with Moxie
Summary: You must be at least 13 years old to register for an account. If you are under 18 and looking to be an Instructor or book a paid class or Flex Pay class, please get parental permission. You are responsible for your account.
In order to access the Platform or create an account with Moxie, you must be at least 13 years old. If you want to become an Instructor, or view/join a Class as an Attendee, you must be at least 18 years old or have your parent or guardian’s express permission. Please be sure your parent or legal guardian has reviewed and discussed these T&Cs with you. You are responsible for providing us with accurate information when creating an account with us on our Platform.
You are also responsible for the security of your account and anything that occurs when someone has signed into your account. Please contact us at firstname.lastname@example.org if you believe your account has been compromised.
Classes on the moxie.xyz website are optimized for laptops and PC browsers. To get Moxie anytime, you can also join Classes on certain tablets and mobile devices, as well as schedule, (as an Instructor) view, and book Classes (as an Attendee) on any mobile device. Through the Moxie app, which is available on Apple’s App Store and Google Play, you can reserve and attend Classes for, and view VODs of, Instructors with whom you have a Subscription.
The access to or use of certain areas and features of the Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access or use the relevant areas or features of the Platform. If there is a conflict between these Terms and the terms or policies applicable to a specific area or feature of the Platform, the latter terms or policies will take precedence unless stated otherwise.
Summary: Do not violate our policies, be abusive towards others, do anything illegal, or engage in any behavior that endangers the security of our Platform and Users.
We do not tolerate objectionable content or abusive Users on the Platform. Moxie employs multiple strategies to ensure everything you create complies with this commitment, including:
- A method for filtering objectionable content,
- A way for you to flag objectionable content, and
- A mechanism for shutting down Classes on Moxie that violate these Terms.
If you have an account with Moxie or participate in Classes (whether Instructor or Attendee), you are part of Moxie’s community. We hope that you will contribute to and benefit from Moxie’s community, and we have created these Community Guidelines to shape and guide the community as it grows.
Above all, we want Moxie to be a place where our Users feel safe and supported. With that in mind, please don’t do anything that is the following:
- deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people, including self-harm;
- racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
- defamatory of any person, obscene, offensive, pornographic, hateful (including promotion of hate speech or violence) or inflammatory;
- provides any medical, financial or other licensed advice, whether or not you have a license;
- uses the Platform for any unsolicited advertising material, junk email, chain letters, automated, duplicative or unsolicited messages, pyramid schemes or spam;
- distributes or otherwise abuses any private information of any third party (including Instructors with access to Attendee information using it for any purposes unrelated to Moxie or doxing);
- makes available any material or content of any type, including videos embedded on Moxie from a third party hosting site, to Users which does or may infringe any copyright, trademark or other intellectual property, proprietary, or privacy rights of any other person;
- causes Moxie to violate any applicable law, rule, or regulation, including those regarding the export of technical data;
- uses the Platform or encourages someone to use the Platform for terrorist activity, money laundering, fraud, gambling or another criminal offense; or
- copies or stores any significant portion of User Content (as defined below) for personal use, unless allowed by Moxie.
This list is not exhaustive, but gives a good idea of how we want our community to run. Your access to and use of the Platform is subject to these Terms and Community Guidelines, as well as all applicable laws and regulations in the jurisdiction where you are accessing the Platform.
We rely on you to report content that you find inappropriate or objectionable. Reporting content is anonymous, so other Users can't tell who initiated it. These Terms apply to Classes and any other content on Moxie, including messages you may send or receive.
You can report any other User or their content, including messages. Reported Users and content are reviewed by the Moxie team.
If we, in our sole discretion, determine that any action, Account and/or User Content (as defined below) are in violation of our policies, we will take action (ranging from a warning to permanently suspending the account and/or ending the Class/deleting/removing any associated content). The User whose content is acted upon will receive an email from us when we take action on the reported Account and/or videos, so that they can contact us with any relevant information that they think we have not considered. However, the final decision is always subject to our sole discretion.
Moxie reserves the right to remove or disable access to content or an Account for any reason, including violations of the Community Guidelines above. In most situations, we strive to work with Users to resolve any potential issues or violations and allow the User to continue to use Moxie. Terminating an Account is not an action we take lightly. However, we reserve the right to do so in our sole discretion.
Summary: An Instructor creates Classes that can be taken (and paid for) by Attendees. Below are details of payments, fees, subscriptions, Class packages, taxes and additional guidelines for Classes held by Instructors.
Moxie allows Instructors to schedule and stream Live Classes at a scheduled time, as well as create and/or post videos of Classes for future viewing by certain Attendees (“Video(s) On Demand”, or “VOD(s)”). Instructors can interact with Attendees during Classes when they are streaming, or through direct messaging. Moxie also works with Stripe, a well-established payments processor, to allow Instructors to receive fees for their Classes (or packages of Classes), or for recurring subscriptions, which, when purchased, allow an Attendee to attend an unlimited number of paid Classes and/or view full VODs for a single Instructor from the time that the subscription is activated until it is cancelled (“Subscriptions” or a “Subscription”). Subscriptions auto-renew at the designated interval (e.g. weekly or monthly) until canceled and can be canceled at any time without any further obligation by the Attendee beyond the current billing period. If an Instructor changes the price of their Subscription, Attendees are given a 48 hour window to cancel their Subscription without being charged the new price. Subscriptions that activate immediately are non-refundable for the current billing period once purchased. Subscriptions that activate at the beginning of the next billing period are only refundable for Moxie Credits, if canceled before the date of activation.
If you want to become an Instructor and create and/or post Classes (or become an Attendee and attend and/or view Classes), simply create an account with us (and accept the Terms) using your email address or by signing up through Facebook (your “Account”). This will allow Attendees to access and attend your Classes, and allow you to share your expertise with the world. Attendees will also be able to pay you for your Classes through Stripe, once you set up a Stripe account and link a United States bank account to it. When you create your Account, please provide accurate information and promptly update your details and any other information you provide to us to keep it current and complete. When setting up an account with Stripe, you will need to provide additional information, including, in some cases, your full Social Security number, or your official ID. Instructor profiles on Moxie are available both to logged-in users and people who are not logged in to Moxie.
You are responsible (to us and to others) for the activity that occurs under your Account. It is important that you keep your Account password confidential. If you know or suspect that any third party knows your password or has accessed your Account, promptly notify us at email@example.com
Creating a Class
Instructors can create a Class ten minutes or more in the future. Instructors can allow up to 100 Attendees in each Class, with up to 15 having audio and cameras enabled (and viewable to each other if desired), and up to 85 who attend in a view-only capacity where they cannot share their audio or camera.
Video on Demand
As an Instructor, you can create and host your video content on Moxie. All Moxie Classes are automatically included in an Instructor’s video library, unless hidden. For all recorded classes, only the Instructor’s video is recorded; no Attendees are included. You can choose to create as many videos as you wish, and you can also create Classes without Attendees for on-demand viewing later. You also have the option to embed a video from a third party video hosting site, such as Vimeo or YouTube.
To create or embed a new video, You must first upgrade to the Moxie Premium plan (defined below). VODs are typically available within a few minutes of completion of the Class. VODs recorded by Moxie are currently available without Moxie Music playback. If you are playing your own music, or choose to share audio (details below) while recording the VOD, you represent that you have the legal authority to do so on a royalty-free basis. You in turn grant us the right to use your Content without the obligation to pay royalties to any third-party. For more information on musical works, please see the Specific Rules for Copyrighted Works section later in these Terms. If you are uploading the video from a third party video hosting site, you are solely responsible for the content within it, and warrant that the content you upload will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or are otherwise legally entitled to post the material. Moxie does not host videos embedded from third party video hosting sites.
Attendees will have access to all VODs for the Instructors with whom they have an active paid Subscription. Attendees who have paid for a paid Drop-In Class will be able to access the VOD for that specific paid Drop-In Class. Attendees in a Flex Pay Class will be able to access the VOD for a Flex Pay Class, provided that they have attended it. If you want to hide a Class from your VODs, you may do that from the Videos tab on your Instructor profile.
If you are on the Moxie Premium plan and downgrade to the Pro plan, you will lose the VOD feature and your Attendees will no longer be able to access your video library, including embedded videos from third party hosting sites.
Your content and your VODs are your responsibility. We reserve the right to remove any content or videos that violate these Terms or any applicable laws or regulations.
Instructors on the Moxie Premium plan on their laptop or desktop devices can now easily share audio from a Chrome browser tab during their Class. By sharing any audio or other content not provided by Moxie Music, you represent that you have the legal authority to do so on a royalty-free basis. You in turn grant us the right to use your Content without the obligation to pay royalties to any third-party.
Payments, Flex Pay, Class Packages and Subscriptions
As an Instructor, you can either be paid by an Attendee for an individual Class when booked by the Attendee (a “Drop-in Class” ), through a prepaid, customized package of Classes with a specified expiration date (a “Class Package”), or through a Subscription for a designated period worth of Classes, and/or for access to VODs.
Payments will be made available for withdrawal by Instructors within 48 hours after the completion of a Drop-in Class. Weekly Subscription payments are released every Saturday at 8pm EST/ET for the previous week. For monthly Subscriptions, Instructors are normally paid one half of the Subscription price on the 15th of the month (for the 1st half of the month), and the other one half on the final day of the month (for the 2nd half of the month). If an Attendee reserves a Class using a Class Package and the Instructor completes it, the prorated portion of the Class Package payment is released to the instructor 48 hours after the completion of the Class. Once the Class Package has passed the expiration date, any remaining funds spent on a Class Package will be released to the Instructor.
Subscriptions allow you to create a recurring pass for an Attendee to take unlimited paid Classes and/or access VODs during a period. For Instructors on the Premium plan, any paid subscribers can also access all of your Videos on Demand for as long as they continue to subscribe.
Weekly Subscriptions run from Sunday through Saturday. Monthly Subscriptions run for a calendar month.
For weekly Subscriptions, If an Attendee makes their first purchase on a Sunday, Monday, or Tuesday, they will be charged the full price for the weekly Subscription for the week of purchase (through Saturday). If the Attendee makes their first purchase on Wednesday through Saturday, they will be charged a prorated charge for the rest of the current week (by day) plus a full charge for the following week. After the first week, payments are recurring and taken from the Attendee’s account on Saturday at 3pm EST/ET. Attendees have the option of paying for a monthly Subscription that activates immediately, or a monthly Subscription that activates at the beginning of the next calendar month. If the Attendee pays for a monthly Subscription that activates at the beginning of the next calendar month, the Attendee is charged immediately for the entire calendar month. If the Attendee purchases a monthly Subscription that activates immediately, and makes their first purchase on the first calendar day of the month, they will be charged for the entire calendar month. If the Attendee purchases a monthly Subscription, with immediate activation, from the 2nd day through the end of the calendar month, they will be charged the prorated amount (by day) for the current calendar month. If the Attendee makes a monthly Subscription purchase, with immediate activation, within the last three days of the calendar month, they are charged the prorated amount for the current calendar month (by day) plus a full charge for the following month. After the first month, payments are recurring and taken from the Attendee’s account at 3pm EST/ET on the last day of the calendar month.
At any time, you have the option to pause a Subscription from the Subscriptions dashboard. In this scenario, no new Attendees will be able to purchase Subscriptions, but existing subscribing Attendees will continue to have Subscriptions and recurring charges, as well as view Videos on Demand.
At any time, you also have the option to cancel a Subscription from the Subscriptions dashboard. If you cancel a Subscription, all your future Class bookings made with a Subscription (from the date of cancellation) will be canceled, and Attendees with Subscriptions will be given prorated refunds of that period’s charge (with no future charges). If an Attendee has switched from one Subscription type to another with an Instructor, and the Instructor has canceled the Subscription type that the Attendee is moving from, the Attendee will still be able to book Classes as normal until the new Subscription type becomes effective. In this scenario, the Attendee is not eligible for a refund.
If you want to change the price of a weekly Subscription, you can do so until Wednesday at 8PM EST/ET for the next week’s charges. If you want to change the price of a monthly Subscription, you can do so until 8PM EST/ET three days before the end of a calendar month for the next calendar month’s charges. All new subscribing Attendees will pay the new charge, while existing Attendees will be informed of the new charges and given the option to opt out (details below).
Class Packages allow you to create bundles of Classes and tiers for different types of Classes. You can create paid Class Packages and choose your price, or free Class Packages. You then choose how many passes are included in each Package. Each pass within a Class Package can be used on any non-Flex Pay Class. You also choose to limit the amount of Class Packages that each Attendee can purchase, or allow for unlimited purchases for each Attendee. When you create your Class Package, you can also choose when it will expire, denominated in days from the date of purchase by an Attendee. Once a Class Package has been created, only the name and purchase limit per Attendee (if not free) can be changed.
Please note that there can only be one free Class Package active at any given time for each Instructor, with a maximum of 5 passes per Class Package, and Class Package one per Attendee.
If you want to hide (which disallows new Attendees from purchasing) or make unavailable for purchase (which disallows new purchases) a Class Package, you can do so as well through your dashboard.
You have two options when canceling a Class Package: you can cancel now, which will refund all Attendees, in the form of Moxie Credits, the prorated amount of their Class Package that is unused, or you can cancel after the Class Package ends, which cancels the Class Package for each Attendee after it expires, so that the Attendee cannot renew it.
If an Instructor account is deactivated by Moxie (this is rare), all active Subscriptions, as well as Subscriptions purchased for activation at the beginning of the next month, will be canceled and Attendees will be given prorated refunds for the current period’s fees, if any. In this scenario, any unused passes (including booked Classes that are not completed) will be returned to the Attendee on a prorated basis as Moxie Credits.
Moxie handles issues such as fraud, chargebacks and resolution of payment disputes. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds that are out of our control. We may also block or hold payments for violations of our policies or for compliance reasons. When payments are delayed or blocked, we try our best to communicate the reason to you promptly. If you have questions about a blocked payment, please contact us at firstname.lastname@example.org. Sometimes activities like refunds or chargebacks can put your account balance into the negative. If this happens, we may recover those funds from future payments.
If an Instructor wants to be paid via Flex Pay, they will need to activate the Flex Pay feature within their Account during the setup process.
For Instructors, there are two fees associated with Moxie Classes (the two fees together are the “Class Fees”)
Platform fees for the usage of our Platform vary based on the plan that the Instructor selects:
- PRO Plan: 8% of each successful purchase by an Attendee, either for an Instructor’s Class, a one-time Flex Pay payment to an Instructor, or of a Subscription. This fee goes to Moxie and helps us continue to maintain and invest in the Platform.
- PREMIUM Plan: 12% of each successful purchase by an Attendee, either for an Instructor’s Class, a one-time Flex Pay payment to an Instructor, or of a Subscription. The Premium plan offers additional features that include: Moxie Music (in the United States), featured placement, the ability to create Videos on Demand on Moxie, and additional enhancements and features on the PRO Plan (“Moxie Premium”)
- Payment processing fee: 2.9% plus $0.30 per transaction (in U.S. Dollars). Please note that our payment processor, Stripe, may charge an additional 1-2% in payment processing fees for non-US Attendees of your Classes.
Platform fees and payment processing fees are automatically deducted from the Instructor’s Platform income. Once an Instructor has chosen Moxie Premium, all of their Classes will be conducted and charged under the Moxie Premium plan. For all Subscriptions, Class Fees are charged on the full price of the Subscription.
Instructors are also charged a $0.25 fee for each withdrawal of funds earned through the Platform. Depending on the location of the Attendees in your Class, there may be additional charges or fees, such as local taxes, for them. Moxie does not control these charges.
In connection with your use of the Platform, you will not and will not assist or enable others to actively promote or request payment for a Class in a way that circumvents the Platform’s Class Fees. If you do so, you acknowledge and agree that you would be in breach of these Terms, accept all risk and responsibility for such payment, and hold Moxie harmless from any liability for such payment.
If an Instructor cancels a Class before it starts or ends a Class before its reasonable completion time, the amount already paid will be reversed from the Instructor’s account and returned as credits to each Attendee in the form of a credit (“Moxie Credits”). Moxie Credits can be used with any Instructor on the Platform. Moxie issues Moxie Credits by default to resolve customer service issues. If a User would like to instead request a refund, they can contact email@example.com. Moxie reserves the right to approve or deny User refund requests at its sole discretion, as well as the right to terminate an Instructor account for excessive cancellations of classes. However, we unfortunately cannot be responsible or liable for your loss of internet access or connection. In the case of an Attendee using a Class Package for a Class that is canceled by the Instructor, the Attendee will receive an additional pass back to the Class Package they used, with the same validity and expiration date as the original pass used.
If an Instructor does not show up for a Class within 5 minutes of the scheduled start time, it is treated as a cancellation of a Class, and the amount paid by Attendees will be reversed from the Instructor’s account and returned as Moxie Credits to each Attendee who paid. Instructors must start a Class by clicking “Start Class” within 15 minutes from the Class’s scheduled start time in order to activate payments for any paid Class.
Editing the Start Time of a Class
An Instructor can edit the date/time of a Class until 15 hours before the start of the Class. The date and time of any Classes created afterwards cannot be edited after created.
As an Instructor, you can directly message any individual or group that has booked a Class or purchased a Subscription or Class Package with you. In addition, you have the option to allow any Moxie member, or only those Attendees who have booked a Class or purchased a Subscription with you, to message you. You can report or delete any member or message, as well as delete a member from a group message, using built-in functionality. All content within messages that is carried out via the Platform is subject to these Terms of Service and Community Guidelines, as well as all other policies referenced in this document.
Moxie is not responsible for any taxes you may incur by using the Platform other than as expressly stated. Instructors are responsible for reporting, filing and paying their own taxes for income derived from the Platform. We do not withhold any taxes from your funds earned on Moxie, nor do we give advice on filing taxes.
We don’t allow any Classes or content that violate the Terms. If Moxie cancels an Instructor’s Class for violation of the Terms, Attendees will be given Moxie Credits for their full payment amount for the Class, and the Instructor will not be refunded their Class Fees.
In addition to the Usage Restrictions/Community Guidelines above, there are limits to what is allowed in Classes or any communications via the Platform:
- You cannot organize or advertise a multi-level marketing scheme, or direct sales business through the Platform;
- You cannot organize or promote a raffle through the Platform;
- You cannot promote or sell anything relating to consumables, alcohol, smoking substances, weapons or explosives, fireworks or anything related, drugs, pornography, medications, supplements, books that claim to help disease, or access to betting or gambling products or services through the Platform;
- You cannot offer any financial advice, medical advice, or any other licensed advice;
- We do not allow nudity on the Platform or in any Classes;
- Classes that include anything illegal (child abuse, human or animal abuse etc.) are not allowed.
This list is not exhaustive and might change in the future as technologies evolve. If you have doubts about aspects of your Class, please contact us.
We proactively look at some Classes, Class descriptions and profile pages on Moxie to make sure Instructors follow our Terms. We also investigate reports of potential violations. These investigations may take a while to resolve. In most situations, we will work with Instructors to resolve any potential violations and allow the Instructor to continue to use Moxie. Terminating an Instructor account is not an action we take lightly. However, we reserve the right to do so in our sole discretion.
Your Account cannot be sold or transferred for use by another Instructor.
Summary: An Attendee is someone who joins a Class held by an Instructor on our Platform. Below are details on payments, Subscriptions, refunds, credits, and taxes, among other information for Attendees.
You do not need to create an Account on Moxie to browse our Classes, but if you want to view, access or sign up for a particular Class, simply create an Account (and accept the Terms), link your Instagram account (if you want), and get started!
Information on Classes
When you sign up for a Class as an Attendee, your name, email address and Moxie profile information are shared with that Instructor, as well as the number of Classes you have attended with that Instructor. If the Instructor has allowed anyone with a Moxie Account to message them, you can message the Instructor before booking the Class through a link in the Instructor’s profile page. Otherwise, you will be able to message an Instructor for whom you have booked a Class or purchased a Subscription or Class Package.
Up to 100 Attendees can join each Class. The number of Attendees is decided by the Instructor when scheduling the Class. Up to 15 “Interactive” Attendees can have audio and video enabled (and are viewable to each other), while the remaining Attendees, up to 85, have “View-Only” capacity and cannot share their audio or video with the Instructor or each other.
- Interactive (Audio and video enabled): You can interact with both Instructors and other Interactive Attendees through chat or audio, and your video can be seen by all Attendees and Instructors if you desire. Interactive Attendees control who can view their video: only themselves, only the Instructor, or everyone in the Class.
- View-Only: Your video and audio will not be shared with the Instructor nor other Attendees, but you will be able to text-chat with others during the interactive warm up and cool down rooms.
Video on Demand
Videos on Demand allow you to take a Class at any time with your favorite Instructor on the Premium plan. All VODs in an Instructor’s library are accessible to any paid subscribing Attendee of that Instructor (if the Instructor has not hidden it). Attendees who have paid for a Drop-In Class can access the specific Class(es) they have paid for. Attendees of a Flex Pay Class can access only those Classes that they have attended. Classes become available for on-demand viewing within a few minutes after completion of the Class. VODs will show the Instructor’s video, and do not currently include Moxie Music. Any Attendee can view a video preview of an Instructor’s VODs, whether they are subscribed or not.
Payments, Subscriptions and Class Packages
Attendees are responsible for paying the published Instructor Class Fees in order to attend any paid Classes, as well as any applicable taxes. Class Fees must be paid through the Platform via the Platform’s Payment Processing Service. Payments made via Flex Pay are non-refundable and not able to be credited for Moxie Credits or anything else.
Subscriptions allow you to attend all of the Classes of your favorite Instructor for a flat rate, and/or view all of the full VODs for that Instructor.
Weekly Subscriptions are recurring, and run from Sunday through Saturday. If not canceled, weekly Subscriptions are charged as follows:
If you are starting a new weekly Subscription with an Instructor:
- If your first purchase is made on Sunday, Monday, or Tuesday, you will be charged the full price for the weekly Subscription for the week of purchase (through Saturday)
- If your first purchase is made on Wednesday through Saturday, you will be charged both a prorated charge for the rest of the week (by day) and a full charge for the following week’s Subscription.
If you have a recurring weekly Subscription with an Instructor, the charge will occur on Saturday at 3PM EST/ET for the week beginning the next day on Sunday.
- If, for some reason, the recurring payment attempt fails, a second attempt will be made on Saturday at 6PM EST/ET and you will be notified of the failure via an email from Moxie. A third and final attempt will be made on Saturday at 9PM EST/ET. If none of these work, and no manual update of payment information is made, the weekly Subscription will be canceled.
- If one of these attempts is successful you will receive an email from Moxie notifying you of the successful weekly Subscription charge.
Monthly Subscriptions are recurring for a calendar month, and can be purchased for immediate activation, or for activation at the beginning of the next calendar month. If not canceled, monthly Subscriptions are charged as follows:
If you are starting a new monthly Subscription with an Instructor, for immediate activation:
- And your first purchase is made on the first calendar day of the month, you will be charged the full price for the monthly Subscription for the calendar month of purchase.
- And your first purchase is made after the first day of the calendar month, you will be charged a prorated charge for the rest of the calendar month (by day).
- And your purchase is made within the last three days of the calendar month, you will be charged a prorated charge for the rest of the current calendar month (by day) plus the entire amount for the next month’s Subscription.
- If you are starting a new monthly Subscription with an Instructor, for activation at the beginning of the next calendar month, you will first be charged for a full month immediately for the calendar month for which you have activated the Subscription.
If you have a recurring monthly Subscription with an Instructor, the charge will occur at 3PM EST/ET on the last day of the calendar month for the next calendar month’s charge.
- If, for some reason, the recurring payment attempt fails, a second attempt will be made on the last day of the month at 6PM EST/ET and you will be notified of the failure via an email from Moxie. A third attempt will be made on the last day of the month at 9PM EST/ET. If none of these work, and no manual update of payment information is made, the monthly Subscription will be canceled.
- If one of these attempts is successful you will receive an email from Moxie notifying you of the successful charge.
- If you switch from a weekly to a monthly Subscription on the first day of a calendar month, your monthly Subscription will start at the end of your weekly Subscription and you will be charged for a full monthly Subscription. If you switch from a weekly to a monthly Subscription after the first day of the calendar month, your monthly Subscription will start at the end of your weekly Subscription and you will be charged a prorated charge for the rest of the calendar month. If you switch from a weekly to a monthly Subscription within the last three days of the calendar month, you will be charged a prorated charge for the rest of the current calendar month (by day) plus the entire amount for the next month’s Subscription.
To avoid getting billed for future periods, Attendees should make sure to cancel any Subscriptions before the designated billing date. If the Instructor changes the fee for a Subscription, you will receive an email from Moxie notifying you of the change and giving you an option to opt out of the period’s charge. If you do not opt out, you will be charged from the following billing cycle at the new price.
Class Packages allow you to pre-purchase a bundle of non-Flex-Pay Classes, or unlock VODs, at a potentially discounted price. If you Purchase a Class Package and have a Subscription active at the same time, the Subscription will always take precedence. You can purchase multiple Class Packages from a single Instructor, and you can use Moxie Credits to purchase a Class Package. If you use all of the passes in a Class Package before it expires, you can choose to renew the Class Package immediately.
If you use a pass in a Class Package to unlock a VOD, that VOD will be available to you permanently, unless the Instructor deletes or hides it.
If an Attendee registers for a Class, they have the option to cancel their registration up until 30 minutes prior to the start time of the Class with no penalty. If an Attendee successfully cancels their registration, the amount paid will be reversed from the Instructor’s account and returned as Moxie Credits, which can be used with any Instructor on the Platform. All Moxie Credits expire 180 days from the date of award. Our default policy is to issue Moxie Credits to Users for cancellations. If a User would rather request a refund, they can do so by contacting firstname.lastname@example.org. Moxie reserves the right to approve or deny a User’s refund requests at its sole discretion. Attendees can also cancel Flex Pay Classes until 30 minutes before the scheduled start time. If you are able to cancel a Flex Pay Class, please do so out of courtesy.
Attendees can join live Classes at any time before the end of the Class, including after the Class has started. If an Attendee fails to show up for a Class (a “no-show”), the amount paid by that Attendee will be forfeited to the Instructor whose Class the Attendee was supposed to attend. There will be no Moxie Credits awarded in these situations.
Credits & Refunds
We hope you like every Class on Moxie. However, if you are unsatisfied with a given Class and let us know about it, Moxie will investigate in a timely manner. If the complaint is deemed warranted, you will receive Moxie Credits. If you would rather request a refund, please contact email@example.com. Moxie reserves the right to approve or deny User refund requests at its sole discretion. If an Attendee violates these Terms and is removed from a Class before it ends, they will not receive Moxie Credits for the unfinished Class. These situations will be handled on a case by case basis. We unfortunately cannot be responsible or liable for your loss of internet access or connection and will not give Moxie Credits or refunds in these cases.
Moxie Credits can be used to pay for Subscription payments. If you use Moxie Credits to pay for a new Subscription, there will still be a small, temporary payment on your credit, which will allow us to authorize future recurring payments of the Subscription.
If you wish to cancel a Subscription, you can do so by accessing your Subscriptions on your profile and canceling the one you wish to cancel. If you cancel a Subscription with an Instructor you will be charged through the end of the current billing period. You will not be charged for any further periods, and you will be able to attend Classes and view VODs with that Instructor through the end of that period. Subscriptions are not refundable. If you cancel a monthly Subscription before it is scheduled to activate (such as at the beginning of the next calendar month), you will receive back the amount of your Subscription in Moxie Credits.
If you decide to cancel a booking that you made using a pass from a Class Package you will receive a pass added back to your Class Package.
Taxes and Fees
Depending on your location, you may be subject to relevant taxes in your jurisdiction on top of your total Class charge or Subscription fee. Some banks may also charge you an additional transaction fee for your Class charge or Subscription fee. Moxie does not control these charges. Please contact your bank for more information.
Other Information on Accounts and Classes
Summary: Information that is relevant for all accounts, including how to delete your account, pricing changes, and other information.
Once you sign up for an Account with an email address, Moxie will send you emails regarding confirmation of your Classes, confirmation of your Account, or other emails that are transactional in nature.
If you want your Account deleted, please contact us at firstname.lastname@example.org and we will guide you through the process. Once your Account is deleted, you can’t retrieve any of the Content you added, and your Moxie profile will be removed from the Platform.
You may grant Moxie access to your third-party accounts, including Facebook Products, in order for some features to operate. Each time you connect your third-party account, that third party will present a page that describes the information that Moxie can access. You can revoke Moxie's access to those accounts using the third party's security settings page.
By creating an account with Moxie, or using our Platform, you are not creating an agency, partnership, joint venture, employment, contractor or franchisee relationship with us. You can’t represent yourself as working for Moxie and we do not owe you health insurance, pension contributions, etc. You also agree that you are not covered under California Assembly Bill No. 5, CHAPTER 296, Act to amend Section 3351 of, and to add Section 2750.3 to, the Labor Code, and to amend Sections 606.5 and 621 of the Unemployment Insurance Code. Also, By registering for a Class through Moxie, no confidential, fiduciary, contractually implied, or other relationship is created with us other than the one created by these Terms.
We reserve the right to adjust Moxie Fees and transaction fees at any time. If we ever need to change Moxie Fees or transaction fees, we will let you know in an email or on the Moxie website.
If you are accessing or using the Platform on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you must be an authorized representative of the business or entity, (c) you agree to these T&Cs on the entity’s behalf, (d) your business or entity is legally and financially responsible for your access or use of the Platform as well as for the access or use of your Account by others affiliated with your entity, and (e) you and your entity are not on any trade or economic sanctions lists, such as designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department).
Descriptions of Classes are provided by the Instructor(s). We don’t make any representations about the accuracy of the descriptions and make no warranties whatsoever with regards to the content on the Platform. The Instructor is solely responsible for the Classes and content being provided as well as the quality of those items. However, from time to time, Moxie may monitor a Class (audio and video of all participants) for quality control purposes. By consenting to these Terms, you consent to this monitoring. Classes are recorded by default; both the audio and video of the Instructor are recorded, while only the audio of Attendees (when their microphone is enabled and turned on) is recorded. Only the studio time of the Class is recorded (not the warm up or cool down rooms)
You should not attempt to log in to Moxie from multiple devices at once.
("Class Photos") are a feature of the Platform that commemorate the completion of a Class with your fellow Moxie community members. Class Photos are initiated by the Instructor after completion of a Class, and show a picture of each User who participated as well as their first names. A User can disable or turn off their camera if they do not want their image shown in the Class Photo. After the Class Photo is taken, it is then sent via email to each Attendee as well the Instructor. By agreeing to these Terms, you understand that your first name and image may be used in these Class Photos.
Gift Card Terms and Conditions
Summary: Gift cards on Moxie can be used to book Classes or to purchase Subscriptions on Moxie with no expiration date.
Users can purchase electronic gift cards on Moxie which are redeemable for purchase of Classes or Subscriptions with any Instructor on Moxie (“Gift Cards”). Gift Cards can be purchased in USD$1 increments from a minimum of USD$5 and do not expire or decrease in value if unused. Gift Cards are given as a code within an email which is considered redeemed by the receiving User once transmitted. Emails with Gift Cards should appear in the recipient’s account within 30 minutes of purchase by the sender. Once redeemed, the USD amount of the Gift Card is transferred to the redeeming User’s Moxie account as “Gift Card Credits”. If the redeeming User does not have an Account with Moxie, they will need to set up a Moxie account in order to redeem the Gift Card and receive any Gift Card Credits. Users can check their Gift Card balance by checking in the Credits section of their User page.
Moxie Credits and Moxie Referral Rewards cannot be used to purchase Gift Cards, as they can only be purchased with a payment method on file or entered at the point of purchase. Gift Cards cannot be used to purchase other Gift Cards or for any payment outside of Moxie, nor can they be redeemed for more than face value, transferred to another Account (either as a whole or partially), or redeemed for cash. Gift Card Credits can only be redeemed for Classes and Subscriptions of Instructors located in the United States.
Classes and Subscriptions purchased with a Gift Card do not accrue towards any Qualifying Action(s) as defined in the Referral Program Terms of Service. If a User has more than one type of credit (either a Moxie Credit or other credits), expiring credits will be used first when purchasing a Class or Subscription and only when fully depleted followed by the use of Gift Card Credits. If a purchase that is made on Moxie with a Gift Card needs to be credited (such as for a canceled Class), the credit will be given in Moxie Credits. If an eligible purchase exceeds your available credits including the Gift Card Credits in your Account, the remaining amount must be paid with another payment method.
Purchases of Gift Cards are Final. Gift Cards cannot be returned, nor can they be reloaded or resold or replaced if lost or stolen. Moxie reserves the right to void Gift Cards without a refund or take other action if Moxie has evidence a Gift Card was obtained, used or applied to a Moxie Account fraudulently, unlawfully, or otherwise in violation of these Terms.
Moxie is not responsible for providing tax advice and users receiving Gift Cards accept responsibility for the tax consequences of their receipt of Gift Cards, if any. Moxie reserves the right to change the eligible goods and services for which Gift Cards can be used at any time. Any disputes regarding Gift Cards will be resolved using the same rules as other disputes as laid out later in these Terms.
Content - Grant of Licenses - Moxie Content
Summary: You can use the Moxie logo and other copyrights and trademarks to promote your Classes, but not for anything else without Moxie’s permission.
All Platform creations, the “look and feel” of the Platform, and all related intellectual property rights (the “Moxie Content”), are either owned or licensed by Moxie and are protected by copyright, trademark and trade secret laws. Use of Moxie Content or materials on the Platform for any purpose not expressly permitted by these T&Cs is prohibited. We grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to use the Moxie logo and other copyrights and trademarks to promote your Classes. Moxie Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever unless we give you written permission (such as for Instructors below).
You acknowledge and agree that when you view content provided by others on the Platform, you are doing so at your own risk.
We make no representations, warranties or guarantees, whether express or implied, that any Moxie Content (or User Content) is accurate, complete or up to date. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any Content posted by you and other Users on the Platform (including User Content).
Instructors own the content they create on Moxie (“Instructor Content”). Classes are recorded by default; both the audio and video of the Instructor are recorded, while only the audio of Attendees (when their microphone is enabled and turned on) is recorded. Only the studio time of the Class is recorded (not the warm up or cool down rooms). At the end of a recorded Class, a downloadable link is sent to the Instructor. This link is available for twelve months (12) after the end of the Class. Instructors may then upload Instructor Content onto third-party websites (and such content can be monetized by Instructors), provided that Instructors upload the Instructor Content in the format provided and use it otherwise in accordance with these Terms. Moxie makes no promises that Instructors will be successful in making money from Instructor Content outside of the Platform. However, we do ask that if and when Instructors use the Instructor Content off the Platform, they use their common sense as misuse of Instructor Content outside of the Platform could result in privileges to use the Platform being revoked.
Users of the Platform may be permitted to upload, post or transmit or otherwise make available content through the Platform including, without limitation, any text, photographs, User videos or links to videos hosted on a third party hosting site, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content” and collectively with the Moxie Content and Instructor Content, the “Content”).
You or the owner of your User Content still keep full ownership of the User Content sent to us, but by submitting User Content via the Platform, or embedding it on Moxie through a third party hosting site, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other Users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. Moxie reserves the right to feature your profile or likeness on its website or for promotional purposes.
Any User Content will be considered non-confidential and non-proprietary. Attendees may not use any part of a Class or any User Content created by Instructors in any way not authorized by the Instructor.
You further grant us a non-exclusive, fully transferable, perpetual royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
By posting User Content on the Platform, you waive any rights to prior inspection or approval of any marketing or promotional materials related to your User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with any portion of your User Content.
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy
We reserve the right to cut, crop, edit or refuse to publish your content at our sole discretion. We have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these T&Cs, or (ii) in response to complaints from other Users or third parties, with or without notice and without any liability to you. If you are an Instructor, please keep your recorded Classes or User Content if you wish to have permanent access to them.
We make no representations about the accuracy, integrity, appropriateness or quality of any Content and accordingly accept no liability for any Content.
If you wish to complain about information and materials uploaded by other Users, please contact us at: email@example.com.
The rights granted by you for streaming live and pre-recorded Content terminate once you delete such User Content from the Platform, or generally by closing your account, except if (i) Moxie used it for promotional purposes, and (ii) for a reasonable time it takes to remove from backup and other systems.
Summary: If you submit ideas to us, we don’t have to compensate you for them if we use them.
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Moxie or its employees, you acknowledge and agree that Moxie shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
Specific Rules for Copyrighted Works
Summary: We offer Moxie Music to all Instructors in their Classes as a Moxie Premium feature. If you are not using Moxie Music, please only use music that you are licensed to use, royalty-free. You can also embed videos on Moxie from a third party hosting site, if you have the rights to do so. If you see a copyright violation, the procedure for reporting it is below.
We offer Moxie Music to all Instructors in the United States for use in their Classes under the Moxie Premium plan. Moxie Music allows for a high-quality embedded music experience that is compliant with US licensing regulations. We use a partner, feed.fm (“Feed”), for Moxie Music.
Moxie Music allows an Instructor with a Moxie Premium account to select a station that is curated and pre-programmed by Moxie and Feed. The music in each station is refreshed every few weeks to rotate in new songs, and is played randomly each time an Instructor starts a Class. There are three hours of total music in each station. Instructors cannot program Moxie Music to play songs in a particular order, nor will any songs be heard in Class recordings that are sent to the Instructor.
Moxie Music can only be played or heard by Instructors and Attendees in the United States. Attendees outside the United States can still attend Classes taught by Instructors who are using Moxie Music, but they will not hear the music being streamed.
By incorporating music not provided by Moxie Music into Content, or by embedding Content from a third party video hosting site on Moxie, you represent that you have the legal authority to do so on a royalty-free basis. You in turn grant us the right to use your Content without the obligation to pay royalties to any third-party.
If you are a composer or author of a musical work and are affiliated with a Performing Rights Organization (“PRO”) or music publisher, then you must notify your PRO or music publisher of the royalty-free license you grant through these T&Cs in your Content to us.
All of the rights you grant in your Content in these T&Cs are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for Content posted or used on such third-party service via the Platform.
Copyright Claims. If you are a copyright owner (or agent of one) and believe that any Content infringes upon your copyrights, please submit a notification pursuant to the U.S. Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (at the contact address below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work;
- Identification of the copyrighted work claimed to have been infringed. If multiple works are being infringed, then please list all of the original works applicable;
- Identification of the infringing material. Please include URLs or other information reasonably sufficient to locate the material;
- Contact information, such as name, address, telephone number, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you don’t send all of the information, your DMCA notice may not be valid. You can email copyright infringement notifications to our Copyright Agent at firstname.lastname@example.org. Only DMCA notices should go to the Copyright Agent. Please note that the DMCA is a legal document and does require you to provide personal information. It is standard for websites to post such legal documents online or share such documents with the claimed infringer. This is like posting a summons or a subpoena on a door. As a result, your personal information may be publicly shared in this process.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the proper authorization to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Moxie may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or User, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Moxie's sole discretion.
If a copyright owner submits a valid DMCA complaint through our process, we take down the offending Content, Class, or VOD and apply a copyright strike. If a User gets three copyright strikes in 90 days, their Account, along with any associated Content, Classes, or VODs, will be terminated.
Additional Language for Moxie Music
- By installing, copying or otherwise using an Instructor’s service or its software to listen to Moxie Music using Feed, the end User acknowledges that they have read and understood the terms in this section (also known as a “EULA”) and agrees to be bound by this section's terms and conditions. If the User is unwilling or unable to comply with these terms for using Moxie Music, the User is not authorized to access any sound recordings, the musical works embodied in sound recordings, and all metadata identifying the featured artist name, album title, sound recording title, copyright, track number, and other such information as provided in connection with a sound recording and the musical works embodied therein by the copyright owner(s) or distributor(s) thereof, or any other content obtained by Moxie or the User in connection with the Moxie Music or Feed services (“API Content”).
- The end User agrees not to reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Instructor’s service.
- The end User agrees not to make use of API Content in a manner that would infringe the rights of a third party or otherwise use the service in any manner that infringes the intellectual property rights or other rights of Feed or any third party.
- The end User acknowledges that they are authorized to use API Content solely for their own personal, non-commercial use andares not authorized to reproduce and distribute API Content in the form of phonorecords (either physical or digital) or to offer API Content by sale, rental, lease or lending to any person.
- Moxie or the Instructor, and their licensors of sound recordings and the musical works embodied therein, may, from time to time, remove API Content from the Instructor’s service without notice and without any liability to the end User.
- THE API CONTENT IS PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM MOXIE, ITS LICENSORS, OR INSTRUCTORS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MOXIE AND ALL LICENSORS OF CONTENT PROVIDED BY MOXIE TO THE INSTRUCTOR DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER MOXIE NOR ANY LICENSOR OF SOUND RECORDINGS, OR MUSICAL WORKS EMBODIED IN SOUND RECORDINGS, OR ANY RELATED FRONT-COVER ALBUM ARTWORK FOR SOUND RECORDINGS, WARRANTS THAT THE SOUND RECORDINGS, OR MUSICAL WORKS EMBODIED IN SOUND RECORDINGS, OR ANY RELATED FRONT-COVER ALBUM ARTWORK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- NEITHER MOXIE NOR ANY LICENSOR OF SOUND RECORDINGS, OR MUSICAL WORKS EMBODIED IN SOUND RECORDINGS, OR ANY RELATED FRONT-COVER ALBUM ARTWORK WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF MOXIE’S SERVICE OR ANY CONTENT, INFORMATION, MATERIALS OR PRODUCTS PROVIDED BY PARTNER, INCLUDING ANY SOUND RECORDINGS, OR MUSICAL WORKS EMBODIED IN SUCH RECORDINGS OR RELATED FRONTCOVER ALBUM ARTWORK MADE AVAILABLE TO THE USER VIA MOXIE, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
The licensors of Moxie for the rights in musical works and sound recordings are intended third-party beneficiaries of the agreement between Moxie and Instructors.
Payment Processing Services
Summary: We use Stripe as our payment processor. By agreeing to these Terms, you agree to Stripe’s terms below (including in the links).
Payment processing services on Moxie are currently provided by Stripe (“Stripe Processing Services”). Stripe Processing Services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, or by continuing to use the Platform including your account on Moxie, you agree to be bound by the Stripe Services Agreement, as the same may be modified from time to time by Stripe. As a condition of Moxie enabling payment processing services through Stripe, you agree to provide Moxie accurate and complete information about you and your business, and you authorize Moxie to share it and transaction information related to your use of the payment processing services provided by Stripe.
Summary: If we are sued because of your use of or conduct on Moxie, you have to pay for it.
You agree to defend, indemnify, and hold harmless Moxie, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your Account of these T&Cs or arising out of a breach of your obligations, representations and warranties under these T&Cs.
Summary: We do our best to make sure Moxie works as it should, but sometimes things happen.
Moxie is provided "as is" and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service Instructors.
Limitation of Liability
Summary: If you lose money from using Moxie, any payment to you is limited to the amount of money we have earned through your use of Moxie.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Moxie. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Moxie. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause "we" and "our" is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, and third party service providers.
To the full extent permitted by law, in the event that a Gift Card is non-functional, your sole remedy, and Moxie’s sole liability, will be the replacement of that Gift Card.
Arbitration and Dispute Resolution
Summary: If you have an issue please contact us - if a dispute does arise, you are limited in how you can resolve it. You waive your right to trial by jury and your right to participate in a class action proceeding.
We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of the Platform, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures, except as expressly provided below. Judgment on the arbitration may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.
For Instructors and Attendees who are consumers, we also follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for consumer arbitrations done under these terms. For the purpose of an arbitration subject to the consumer standards, if any portion of these terms do not follow that standard, that portion is severed from these terms.
This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Moxie.
Summary: You are aware of the risks of exercising and participating in, or instructing, Classes. Please check with a healthcare professional to ensure you are healthy enough to be in a Class. These classes are not medical advice. You hold Moxie harmless for any issue that may arise from your use of Moxie or participation in Classes. We are also not responsible for Classes held outside of our Platform.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE CLASSES YOU MAY REGISTER FOR, ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING MOXIE (AS EITHER AN ATTENDEE OR AN INSTRUCTOR), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING MOXIE (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN, INSTRUCTING, OR USING A CLASS) AND TO DETERMINE IF AND HOW USING MOXIE IS APPROPRIATE FOR YOU. DO NOT USE CLASSES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
YOU ALSO UNDERSTAND AND AGREE THAT THE PLATFORM OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING ON THE PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE PLATFORM AND/OR A CLASS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL. THE USE OF ANY CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH MOXIE IS SOLELY AT YOUR OWN RISK.
MOXIE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS AS TO OUR WEBSITE'S ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH MOXIE'S WEBSITE AND/OR A CLASS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS MOXIE, ITS AFFILIATED ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE PLATFORM AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND OR/USE OF ANY CLASS (INCLUDING THOSE HELD OUTSIDE OF MOXIE), INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.
Referral Program Terms
Please refer to Moxie referral program terms and conditions here.
Summary: Any disputes with us must be resolved in the Northern District of California under California law.
These T&Cs and all other Moxie policies are governed by the laws of the State of California, excluding its conflict of laws provisions. If a lawsuit does arise, both you and Moxie agree that all claims and disputes regarding the T&Cs or the use of the Platform will be litigated exclusively in the United States District Court for the Northern District of California. If that court lacks original jurisdiction, then claims and disputes arising out of or relating to the T&Cs will be litigated exclusively in the Superior Court of California, County of San Francisco.
Summary: Everything else!
- Entire Agreement, Severability. These Terms and any referenced policies in the Terms are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.
- Links. You may link to our home page, in a fair and legal manner and in a way that does not damage or take advantage of our reputation. Do not establish a link that suggests any form of association, approval or endorsement on our part where none exists. Do not establish a link to our Platform in any website that you don’t own. The website in which you are linking must comply in all respects with the content standards set out at “Community Guidelines” above. We reserve the right to withdraw linking permission without notice.
- California Consumer Rights Notice. Under California Civil Code Section 1789.3, California Users of the Platform receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml. Users of the Platform who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by emailing us at email@example.com. All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.
- Changes to the T&Cs. We amend these T&Cs and other policies from time to time. We will use commercially reasonable efforts to notify you of any material changes to these T&Cs, such as through a notice on our Platform; however, you should read these T&Cs regardless. We will also update the “Last Updated” date at the top of these T&Cs when they are updated. If you continue to use the Platform after the date of the new T&Cs, this means that you accept the new T&Cs.
You can reach us at firstname.lastname@example.org