EvokeMVMT Terms and Conditions

1. Introduction

Welcome to EvokeMVMT. These Terms and Conditions ("Terms") govern your use of our platform and services. EvokeMVMT is operated by EvokeMVMT Pty Ltd, an Australian company, with disputes subject to the jurisdiction of the courts of New South Wales, Australia.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

Recreational Services:

Our services constitute recreational services within the meaning of Section 139A of the Competition and Consumer Act 2010 (Cth). Liability for death or personal injury resulting from the supply of recreational services is excluded under this section, except where such death or injury results from reckless conduct by EvokeMVMT.

2. Service Description

EvokeMVMT may include a streaming platform offering instructional videos and content related to movement training, Pilates, fitness, and wellness.

3. Account Registration

To access our services, you must create an account. You must be at least 18 years old to register. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

4. Subscriptions and Payments

Automatic Renewal:

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you explicitly authorize EvokeMVMT to charge your payment method automatically on a recurring basis.

Payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method for:

• Initial subscription fee
• Recurring subscription fees at your chosen billing cycle (monthly or as otherwise specified)
• Any applicable taxes

Subscription fees are non-refundable except as required by Australian Consumer Law or as otherwise stated in our Refund Policy.

Price Changes:

We reserve the right to change subscription prices upon at least 30 days' notice. Notice will be provided via email or through the platform. Price changes will apply from your next billing cycle after the notice period. Your continued use of the service after the price change takes effect constitutes acceptance of the new pricing.

5. Refund Policy

If you wish to request a refund, please contact us at [email protected]. We will respond to your request within 5 business days.

Refunds are granted at our discretion and in accordance with Australian Consumer Law.

6. Cancellation

You may cancel your subscription at any time through your account settings or the Stripe customer portal. Upon cancellation:

• You will retain access until the end of your current billing period
• No further charges will be made
• Your account will not be automatically deleted but access to subscription content will cease

Note: Existing Founding Members retain their original cancellation terms as outlined in the Founding Membership Terms and Conditions. Annual Membership subscribers follow the standard cancellation terms above.

7. Intellectual Property

All content provided through our services, including but not limited to videos, text, graphics, logos, and software, is the property of EvokeMVMT or its licensors and is protected by Australian and international copyright laws.

You are granted a limited, non-exclusive, non-transferable license to access and view the content for your personal, non-commercial use only. You may not:

• Copy, reproduce, distribute, or publicly display our content
• Modify, adapt, or create derivative works
• Use our content for commercial purposes
• Remove any copyright or proprietary notices

8. User Conduct

You agree not to:

• Use the services for any unlawful purpose
• Share your account credentials with others
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the services or servers
• Upload viruses or malicious code
• Harass, abuse, or harm other users

Indemnity:

You agree to indemnify, defend, and hold harmless EvokeMVMT, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the services
• Your violation of these Terms
• Your violation of any rights of another party

9. Health and Safety Disclaimer

NOT MEDICAL ADVICE

IMPORTANT: Our content is provided for informational and recreational purposes only.

The exercise and movement content on our platform is NOT medical advice and is NOT a substitute for professional medical consultation, diagnosis, or treatment. All exercise and physical activity involves inherent risk of injury. You should:

• Consult your physician before beginning any exercise program
• Obtain medical clearance if you have any health concerns
• Stop immediately if you experience pain or discomfort
• Exercise at your own risk

EvokeMVMT is not responsible for any injuries or health issues that may occur from participating in the exercises or activities demonstrated on our platform.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN CONSUMER LAW:

• Our services are provided "as is" and "as available" without warranties of any kind
• We do not warrant that the services will be uninterrupted, error-free, or secure
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability to you is limited to the amount you paid us in the 12 months prior to the event giving rise to the claim

Australian Consumer Law Notice:

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

11. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with Australian Privacy law.

Please review our Privacy Policy at evokemvmt.com/privacy.

12. Third-Party Services

Our services integrate with third-party providers:

• Stripe: Payment processing
• Vimeo: Video hosting and delivery

Your use of these services is subject to their respective terms and conditions. We are not responsible for the availability, performance, or content of third-party services.

13. Dispute Resolution

If you have a complaint or dispute, please contact us first at [email protected].

We are committed to resolving disputes through good faith negotiation or mediation before pursuing legal proceedings.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be notified to you at least 30 days in advance via email or through the platform.

Your continued use of the services after changes take effect constitutes acceptance of the modified Terms.

15. Termination

We reserve the right to suspend or terminate your access to the services immediately, without notice, if you:

• Violate these Terms
• Engage in fraudulent activity
• Abuse or harass other users or our staff

Upon termination, your right to access the services will cease immediately.

16. General Provisions

Entire Agreement:

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

Severability:

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

Waiver:

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment:

You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.

Governing Law:

These Terms are governed by the laws of New South Wales, Australia. Disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

17. Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters
• Acts of government or terrorism
• Internet or telecommunications failures
• Third-party service outages

18. Survival

The following provisions survive termination of these Terms:

• Indemnification obligations
• Limitation of liability
• Intellectual property rights
• Dispute resolution procedures

19. Contact Information

For questions, concerns, or complaints regarding these Terms, please contact us at:

[email protected]