PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Pauseture Corp provides access to audio-based movement lessons through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and Pauseture™-controlled social media pages (including but not limited to Facebook and Instagram). To make these Terms of Service (the “Terms”) easier to read, Pauseture™ Sites and Apps, and Pauseture™-controlled social media pages are collectively called “Pauseture.” By visiting, browsing, or subscribing to Pauseture in any way, and having your usual residence in the U.S. or Canada, you (as a “user”) accept and agree to be bound by these Terms, which form a binding agreement between you and Pauseture.

If you do not wish to be bound by these Terms, you may not access or use Pauseture. Certain elements of Pauseture may be subject to additional terms and conditions specified from time to time; your use of those elements of Pauseture is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a Pauseture subscription and become a subscriber.

If you are a parent or legal guardian of a user under the age of 18 years old, you are subject to these Terms and responsible for that subscriber’s activity on Pauseture by allowing them to use Pauseture. We may, in our sole discretion, refuse to offer Pauseture to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use Pauseture is revoked where these Terms or use of Pauseture is prohibited or conflicts with any applicable law, rule or regulation. Further, Pauseture is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

Subject to your compliance with these Terms, Pauseture grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use Pauseture for your own personal, non-commercial purposes, a right which may not be assigned or sub-licensed to anyone. This license includes the right to view and listen to content available on Pauseture and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by Pauseture Intellectual Property and DMCA Policy, which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Pauseture.

Restrictions. Except as expressly permitted in writing by an authorized representative of Pauseture, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble Pauseture, nor will you take any measures to interfere with or damage Pauseture. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of Pauseture, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Pauseture in these Terms are reserved.

Please review the: Privacy Policy to learn about:
‍
What information we may collect about you
What we use that information for
With whom we share that information

To access all features and content of Pauseture, you must register as a subscriber of Pauseture and enter into a subscription agreement for access to lessons and other features (a “Subscription”). Your Subscription is also governed by the Subscriber Terms. You must provide complete and accurate registration information to Pauseture, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.

Profile Information and Picture. You may not use someone else’s name or any name, location, or other public profile information, or image that violates any third-party rights, is against the law, or is offensive, obscene, or otherwise objectionable (in Pauseture’s sole discretion).

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account; this includes furnishing your user name and password to third-party developed applications to connect to your account for any reason. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using Pauseture. If you become aware of unauthorized access to your account, change your password and notify support@Pauseture.app immediately.

Term. These Terms begin on the date you first use Pauseture and continue as long as you have an account with us and/or continue to use Pauseture.

Termination. Pauseture may, in Pauseture’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content that you submitted, for any lawful reason, including if Pauseture determines that you have violated these Terms or that your conduct or User Content would damage Pauseture’s reputation or goodwill. Pauseture may block your access to Pauseture to prevent re-registration.

Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Pauseture will terminate. Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Safety Warnings, Intellectual Property, Arbitration Requirement & Class Action Waiver, Contracting Entities, Governing Law and Jurisdiction, and all general provisions.

“Content” means text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Pauseture. ”User Content” means any content that users (including you) provide to be made available through Pauseture. Content includes, without limitation, User Content.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using Pauseture is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through Pauseture.

As between you and Pauseture, you represent that you own (or have all rights necessary to grant Pauseture the rights below to) all User Content that you submit to Pauseture and that Pauseture will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Pauseture a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of Pauseture permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Pauseture or through Pauseture about improving or adding new features or products to Pauseture or you otherwise provide feedback, product or service reviews, or testimonials, you hereby grant to Pauseture a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on Pauseture. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in App Granted. Subject to your compliance with these Terms, Pauseture grants to you a limited, non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:

1. Copy, modify, or create derivative works based on the App
2. Distribute, transfer, sublicense, lease, lend or rent the App to any third party
3. Reverse engineer, decompile, or disassemble the App
4. Make the functionality of the App available to multiple users through any means

Pauseture reserves all rights in and to the App not expressly granted to you under these Terms.

Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

These Terms are between you and Pauseture and not with the App Provider, and Pauseture (not the App Provider) is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pauseture.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
- product liability claims;
- any claim that the App fails to conform to any applicable legal or regulatory requirement;
- and claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Pauseture will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that
- you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country;
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you are not an individual or associated with an entity designated under the UK’s Terrorist Asset-Freezing, etc. Act 2010 (TAFA 2010);
- and you are not otherwise subject to or affected in any way by any national security or terrorism related rules, whether applicable to you personally or to your location or other circumstances.You must also comply with all applicable third-party terms of service when using the App.

You agree not to do any of the following:

Post, upload, publish, submit, or transmit any User Content or engage in any activity that:
- infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading, or deceptive;
- is defamatory, obscene, pornographic, vulgar, or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
- exploits minors or promotes illegal or harmful activities or substances;

Download and/or install any third-party software and/or application on any Pauseture hardware (excluding assistive technologies that are necessary for your own use of Pauseture, such as screen-readers) that is not expressly permitted by Pauseture in writing;
- Use, display, mirror or frame Pauseture or any individual element within Pauseture, Pauseture’s name, any Pauseture trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Pauseture’s express written consent;
- Access, tamper with, or use non-public areas of Pauseture, Pauseture’s computer systems, or the technical delivery systems of Pauseture’s providers;
- Attempt to probe, scan or test the vulnerability of any Pauseture system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Pauseture or any of Pauseture’s providers or any other third party (including another user) to protect Pauseture or Content;
- Bypass any territorial restrictions, including IP address-based restrictions that may be applied to Pauseture;
- Attempt to access, scrape or search Pauseture or Content or download Content from Pauseture, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Pauseture or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Pauseture trademark, logo URL, or product name without Pauseture’s express written consent;
- Use Pauseture or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Pauseture;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Pauseture or Content to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide Pauseture or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Pauseture;
Collect or store any personally identifiable information from Pauseture from other users of Pauseture without their express permission;
- Copy, use, index, disclose or distribute any information or data obtained from Pauseture, whether directly or through third parties (such as search engines), without Pauseture’s express written consent;
Alter, replicate, store, distribute, or create derivatives from the Content available via Pauseture except as expressly permitted in writing by Pauseture;
- Impersonate or misrepresent your affiliation with any person or entity;
- Access, use, or exploit Pauseture in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Pauseture or Pauseture;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.

You also agree to abide by Pauseture Community Guidelines and Moderation Policy.
Although we’re not obligated to monitor access to or use of Pauseture or Content or to review or edit any User Content, we have the right to do so for the purpose of operating Pauseture, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of Pauseture. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Pauseture. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

When interacting with other Pauseture subscribers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through Pauseture, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Pauseture is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

You agree to indemnify, defend, and hold harmless Pauseture and its directors, officers, employees, teachers and other agents, from and against all claims, damages, losses and costs that arise from or relate to
- your activities on Pauseture,
- any User Content submitted by or on behalf of you or
- your violation of these Terms.

Downloading and/or installing any third-party software and/or applications that are not expressly authorized by Pauseture on any Pauseture hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by Pauseture.

Pauseture will continually be updated – with content and features being added and deleted.  You will need to bring your own internet and device access to use your subscription.  
Use Pauseture at your own risk. Pauseture expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to, implied warranties of movement, injury prevention, injury healing, and any other warranty that might arise under any law. Without limiting the foregoing, Pauseture makes no representations or warranties:

- That Pauseture is or will be permitted in your jurisdiction;
- That Pauseture will be uninterrupted or error-free;
- Concerning any Content, including User Content;
- Concerning any third party’s use of User Content that you submit;
- That Pauseture will meet your personal or professional needs;
- That Pauseture will continue to support any particular feature of Pauseture;
- or Concerning sites and resources outside of Pauseture, even if linked to from Pauseture.

To the fullest extent permitted by law:
1. Pauseture shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use Pauseture or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
2. Pauseture’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Pauseture over the 12 months preceding the date your first claim(s) arose.

If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Pauseture’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Pauseture and you.

Pauseture OFFERS MOVEMENT INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON Pauseture SITE OR HEARD ON Pauseture. THE USE OF INFORMATION PROVIDED THROUGH Pauseture IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.NOTHING STATED OR POSTED ON Pauseture SITE OR AVAILABLE THROUGH Pauseture IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. Pauseture IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, Pauseture MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN Pauseture WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

You acknowledge and agree that your use of Pauseture and any Content contained therein is dependent upon you agreeing to and abiding by Pauseture Intellectual Property and DMCA Policy at all times. You further acknowledge that Pauseture contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Pauseture-generated content, and content provided to Pauseture by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and Pauseture, Pauseture own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in Pauseture.

Pauseture respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that Pauseture or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to Pauseture Intellectual Property and DMCA Policy for directions on how to report it to us.

Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Content (“Disputes”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise.

Your Notice to Pauseture must contain all of the following information: (1) your full name, address, Pauseture username, and the email address associated with your Pauseture account; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Pauseture to disclose information about you to your attorney.

After receipt of your Notice, you and Pauseture shall engage in a good-faith effort to resolve the dispute in a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor Pauseture may initiate an arbitration or other legal proceeding.

If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.

These Terms shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law.

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Pauseture’s prior written consent. Pauseture may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

You consent to receive all communications including notices, agreements, disclosures, or other information from Pauseture electronically. Pauseture may communicate by email or by posting to Pauseture. For support-related inquiries, you may email Support. For all other notices to Pauseture, write to the following address:

U.S. and Canadian Residents:
Pauseture Corp
11341 National Blvd #1124
Los Angeles, CA 90064
USA
Attn: Legal Department

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God,” acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

Email, SMS and Telephone. You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us, or contact us using the details provided under the How To Contact Us. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Pauseture to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

If you opt in to “Pauseture Lesson” text messages, you will receive text messages from Pauseture. “Pauseture Lesson” text messages are non-promotional messages from Pauseture reminding you to do lessons from the movements you did, in abbreviated form, so that you can continually benefit from the lessons. To opt-out of receiving “Pauseture Lesson” text messages, text STOP to the number from which you received the message. We will send you one final message to confirm that you have been unsubscribed, and will process your request within a reasonable time after receipt, in accordance with applicable laws. If you experience any issues with text messages from Pauseture, text HELP to the relevant number or email support@Pauseture.app. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.

If you opt in to “Pauseture” text messages, you will receive text messages from Pauseture Marketing. “Pauseture” text messages are recurring automated promotional and personalized marketing text messages (e.g., cart reminders) from Pauseture to the cell number used when signing up. Consent is not a condition of any purchase. To opt-out of receiving “Pauseture” text messages, text STOP to the number from which you received the message. We will send you one final message to confirm that you have been unsubscribed, and will process your request within a reasonable time after receipt, in accordance with applicable laws. If you experience any issues with text messages from Pauseture, text HELP to the relevant number referenced above or email support@Pauseture.app. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.