Terms & Conditions

1. Introduction

Welcome to EvokeMVMT PTY LTD ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the EvokeMVMT platform, including our website, mobile applications, and streaming services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Service.

EvokeMVMT PTY LTD is an Australian company registered and operating under Australian law. These Terms are governed by the laws of Australia, and you consent to the exclusive jurisdiction of Australian courts for any disputes arising from these Terms.

2. Service Description

EvokeMVMT provides a subscription-based online streaming platform for Pilates instruction, movement training, and wellness content. Our Service includes:

• On-demand video library of Pilates classes and instructional content
• Live and recorded movement training sessions
• Progress tracking and personalized recommendations
• Community features and member resources

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, though we will endeavor to provide reasonable notice for significant changes.

3. Account Registration

To access certain features of our Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

You must be at least 18 years old to create an account. If you are under 18, you may only use our Service with the involvement and consent of a parent or guardian.

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion, particularly if we believe there has been a violation of these Terms.

4. Subscriptions and Payments

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. Current plan details and pricing are displayed on our pricing page. Prices are in Australian Dollars (AUD) and include GST where applicable.

4.2 Billing

By subscribing, you authorize us to charge your selected payment method on a recurring basis according to your chosen billing cycle (monthly or annual). Payments are processed through our third-party payment processor, Stripe.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings or by contacting support.

4.4 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect your current billing cycle and will take effect at your next renewal. We will provide at least 30 days' notice of any price increases.

4.5 Failed Payments

If a payment fails, we will attempt to process the payment again. If payment continues to fail, your subscription may be suspended or canceled. You remain responsible for any outstanding amounts owed.

5. Refund Policy

In accordance with Australian Consumer Law, you may be entitled to a refund in certain circumstances:

• 7-Day Trial Period: If offered with your subscription, you may cancel within 7 days for a full refund
• Service Failure: If our Service fails to meet acceptable quality standards or is substantially different from what was described
• Technical Issues: If technical problems prevent you from accessing the Service and we are unable to resolve them within a reasonable timeframe

Refunds are generally not provided for:

• Change of mind after the trial period
• Partial billing periods (subscriptions are billed in full)
• Failure to cancel before the renewal date

To request a refund, please contact us at [email protected] with your account details and reason for the refund request. We will review your request and respond within 5 business days.

6. Cancellation

You may cancel your subscription at any time through:

• Your account settings (Manage Subscription)
• The Stripe Customer Portal
• Contacting our support team at [email protected]

Upon cancellation:

• You will retain access to the Service until the end of your current billing period
• No further charges will be made to your payment method
• Your account and data will be retained for 90 days in case you wish to reactivate
• After 90 days, your account may be permanently deleted (you can request immediate deletion)

7. Intellectual Property

All content on the EvokeMVMT platform, including but not limited to videos, text, graphics, logos, images, audio clips, and software, is the property of EvokeMVMT PTY LTD or its licensors and is protected by Australian and international copyright laws.

Your subscription grants you a limited, non-exclusive, non-transferable license to:

• Access and view content for personal, non-commercial use
• Download content for offline viewing within the platform (if available)

You may NOT:

• Copy, reproduce, or redistribute any content
• Modify, create derivative works, or reverse engineer any part of the Service
• Remove copyright notices or other proprietary markings
• Use content for commercial purposes or public performance
• Share your account credentials with others
• Download or save content outside of the platform

Unauthorized use of our content may violate copyright, trademark, and other laws and could result in criminal or civil penalties.

8. User Conduct

When using our Service, you agree NOT to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Post or transmit harmful, threatening, abusive, or harassing content
• Impersonate another person or entity
• Attempt to gain unauthorized access to our systems or other user accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) to access the Service
• Share account access with multiple people

Violation of these conduct rules may result in immediate suspension or termination of your account without refund.

9. Health and Safety Disclaimer

IMPORTANT: Please read this section carefully before participating in any exercise or movement activities.

The content provided through EvokeMVMT is for informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

Before beginning any exercise program, you should:

• Consult with your physician or healthcare provider
• Inform your doctor of any pre-existing conditions or injuries
• Ensure you are physically capable of performing the exercises

You acknowledge and agree that:

• You participate in exercises at your own risk and assume all risks of injury or harm
• You will listen to your body and stop immediately if you experience pain or discomfort
• You will exercise in a safe environment with adequate space and proper equipment
• EvokeMVMT and its instructors are not liable for any injuries, damages, or health issues that may result from your use of the Service

If you experience any adverse symptoms during or after exercise (dizziness, shortness of breath, chest pain, etc.), stop immediately and seek medical attention.

10. Limitation of Liability

To the maximum extent permitted by Australian law, EvokeMVMT PTY LTD, its directors, employees, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage resulting from your use of the Service
• Interruptions or errors in the Service
• Actions of third parties or content provided by third parties

Our total liability to you for all claims arising from or relating to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

Australian Consumer Law Notice: Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that you may have under the Australian Consumer Law or other applicable law that cannot be lawfully excluded.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Service, you consent to:

• Our collection and processing of your personal information as described in our Privacy Policy
• The use of cookies and similar technologies
• Receiving transactional emails related to your account and subscription

You have rights under the Australian Privacy Principles, including the right to access, correct, and delete your personal information. See our Privacy Policy for details.

12. Third-Party Services

Our Service integrates with third-party services, including:

• Stripe: Payment processing (subject to Stripe's Terms)
• Vimeo: Video hosting and streaming (subject to Vimeo's Terms)

We are not responsible for the availability, content, or practices of third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

13. Dispute Resolution

If you have a complaint or dispute, please contact us first at [email protected]. We will make every effort to resolve the issue promptly and fairly.

If we cannot resolve the dispute internally:

• You may contact the Australian Competition and Consumer Commission (ACCC) at www.accc.gov.au
• Disputes may be subject to mediation or arbitration under Australian law
• Legal proceedings must be brought in the courts of Australia

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last updated" date at the top of this page
• Notify you via email or through the Service
• Provide at least 30 days' notice for material changes

Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must cancel your subscription.

15. Termination

We may suspend or terminate your access to the Service immediately, without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of subscription fees
• Requests by law enforcement or government agencies

Upon termination, your right to use the Service will immediately cease, and any data associated with your account may be deleted.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EvokeMVMT PTY LTD regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it in the future.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

16.5 Governing Law

These Terms are governed by the laws of Australia. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of Australian courts.

17. Contact Information

If you have any questions about these Terms, please contact us: