Terms of Service

Welcome to The School of Imperfection! These Terms of Use (“Terms”) are a contract between you and The School of Imperfection a division of Brand Matter, Inc. (“The School of Imperfection” or “we”) and govern your access to and use of any The School of Imperfection a division of Brand Matter, Inc.website, mobile application (such as for iPhone or Android) or content (the “Site”) or any fitness, recreational, wellness, or other classes, experiences, activities, events, services, recordings, and/or products made available through The School of Imperfection a division of Brand Matter, Inc.(collectively, “Classes”). Please read these Terms carefully before accessing and/or using the Site and/or Classes.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH THE SCHOOL OF IMPERFECTION A DIVISION OF BRAND MATTER, INC.ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 18 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND THE SCHOOL OF IMPERFECTION A DIVISION OF BRAND MATTER, INC.WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.

Terms of Use.

a) Acceptance of Terms. By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree that you are over 18 years of age, and to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Classes.

b) Amendment of Terms. The School of Imperfection a division of Brand Matter, Inc.may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Classes after such posting constitutes your consent to be bound by the Terms, as amended.

c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The The School of Imperfection a division of Brand Matter, Inc.Privacy Policy is hereby incorporated by reference.

The School of Imperfection a division of Brand Matter, Inc.Platform

a) The School of Imperfection a division of Brand Matter, Inc.Platform. The The School of Imperfection a division of Brand Matter, Inc.platform enables consumers to reserve, schedule, purchase, access and attend a wide range of fitness, recreational, academic, informational, instructional and wellness Classes offered and operated by third parties, including, but not limited to, fitness studios, gyms, trainers, teachers, organizations, chefs, and artists venues (collectively, “Venues”). The School of Imperfection a division of Brand Matter, Inc.itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, lease, operate, maintain or control any of the venues where the classes take place. The School of Imperfection a division of Brand Matter, Inc.does not control the format of each class, the subject matter, or the methods by which the material is presented to the attendees.

b) Membership Options. There are a number of ways to participate in Classes through The School of Imperfection, such as various purchase options, promotional plans, digital Classes, and non-subscription purchases. These options consist of different classes, services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. From time to time we may permit users to access certain Classes, content or features for a cost or at no cost. The School of Imperfection a division of Brand Matter, Inc.makes no commitment on the quantity, availability, type or frequency at which such Classes, content and features will be available and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.

c) Subscription Plans. To enjoy full access to the Site and Classes, you need to are able to sign up for a purchase. A purchase starts on the date that you sign up for a purchase and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing purchase. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Purchase Cycle”). Your The School of Imperfection a division of Brand Matter, Inc.purchase automatically renews each month, and we will automatically bill the monthly fee to your Payment Method each month, until your purchase is cancelled or terminated. For example, if you purchase your The School of Imperfection a division of Brand Matter, Inc.purchase on April 5, your purchase will automatically renew on May 5 (as further explained in “Purchase Cycles,” below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to times. If you add a purchase to your base purchase or if you upgrade or downgrade to a different purchase, all such purchases will be governed by these Terms and will continue indefinitely until canceled or terminated.

d) Use of Credits. Depending on the plan you choose and purchase, you will be allotted credits to be used solely to book Classes. You can choose how you use your credits across the various Classes available to you. If your purchase is canceled or terminated your unused credits will expire immediately. There will be no refund or payment for any unused amount. When your cycle automatically renews for the next month, you’ll automatically receive your new allotment of credits. If you have any questions about how to use your credits, please contact us and we can help you. Note that separate from credits, you can also buy a gift certificate. Gift certificates and credits are not the same thing. Our gift certificates are called “gift cards”. Unlike credits, gift cards never expire. Gift cards are discussed further in Section 4(b) below.

e) Class Availability and Allocation. The exact number and type of Classes you take during any Purchase Cycle will depend on the number of credits needed to book the particular Classes you select. The number of credits needed to book a particular Class will vary and is determined based on a variety of factors, including but not limited to Venue requirements, time of day, equipment, facilities, the number of times you’ve visited a studio in the cycle, location, pricing, popularity and other characteristics. Furthermore, a Venue may require more credits for a certain Class under certain circumstances, such as when the Venue makes only a small number of spots available to on The School of Imperfection a division of Brand Matter, Inc.or after multiple visits in a cycle. Note that credits needed to book Classes also vary from city to city. As such, the number of credits you need to reserve a particular Class or service may change at any time or vary day to day depending on the factors described here. The School of Imperfection a division of Brand Matter, Inc.also reserves the right to change the number of credits you receive, including per cycle, plan, geography or otherwise; the number of reservations you can make; and/or the number of Classes you can miss or cancel. The School of Imperfection a division of Brand Matter, Inc.does not guarantee the availability of particular Venues, locations, Classes, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Purchase Cycle). The type, quantity, credits, allocation and availability of Venues, classes, and other inventory offered, are determined by The School of Imperfection a division of Brand Matter, Inc.in its sole discretion. The School of Imperfection a division of Brand Matter, Inc.takes certain steps to release, promote and otherwise make available spots and inventory at varying times and in an ongoing and evolving way.

f) Digital Classes. The School of Imperfection a division of Brand Matter, Inc.may allow you to access to a variety of audio or video Digital Classes from your computer or mobile device, via live stream and/or on demand. To access these digital Classes, you need to comply with certain technical and hardware requirements. Certain digital classes may involve your participation through connected devices such as heart rate monitors. Additionally, your profile information may appear on our Site and be viewable by other The School of Imperfection a division of Brand Matter, Inc.users. For example, The School of Imperfection a division of Brand Matter, Inc.may show a weekly leaderboard displaying the profiles of the ten users who have the highest cumulative point totals for the week. If you do not want your profile picture or username to be seen by other The School of Imperfection a division of Brand Matter, Inc.users, don’t include any identifying information in your profile, or go to your settings to change it. The School of Imperfection a division of Brand Matter, Inc.is not responsible for the accuracy of the heart rate monitor used in connection with the digital Classes. The heart rate recommendations and goals provided through these digital Classes may not be right for you and it is solely your responsibility to make sure that you participate in the manner and at the intensity level that is right for you.

g) Non-Subscription Purchases. The School of Imperfection a division of Brand Matter, Inc.may permit you to purchase certain products or Classes through the Site, in addition to your purchase or without having a purchase. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.

h) Co-Memberships. From time to time The School of Imperfection a division of Brand Matter, Inc.may permit you to sign up for a co-membership that provides you with a membership to The School of Imperfection a division of Brand Matter, Inc.as well as a membership to a third-party Venue, such as a gym, classroom, or business venue (“Venue Membership”). If you sign up for a co-membership, you will be subject to these Terms as well as additional terms applicable to the co-membership and the Venue Membership. You understand and agree that The School of Imperfection a division of Brand Matter, Inc.does not own, operate or control the Venue Membership and is not responsible for the Venue Membership, which is provided entirely by the applicable Venue.

i) The School of Imperfection a division of Brand Matter, Inc.Account. Your The School of Imperfection a division of Brand Matter, Inc.account is personal to you and you agree not to create more than one account. You cannot transfer or gift Classes or credits to third parties or allow third parties to use your The School of Imperfection a division of Brand Matter, Inc.account, including other The School of Imperfection a division of Brand Matter, Inc.users. You must not use or exploit the Site and/or Classes for commercial purposes. We continually update and test various aspects of the The School of Imperfection a division of Brand Matter, Inc.platform. We reserve the right to, and by using the Site and/or Classes you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that The School of Imperfection a division of Brand Matter, Inc.may take actions we deem reasonably necessary to prevent fraud and abuse. You agree that the information you provide to The School of Imperfection a division of Brand Matter, Inc.at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download a The School of Imperfection a division of Brand Matter, Inc.mobile application to use some or all of The School of Imperfection a division of Brand Matter, Inc.features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Classes.

j) Eligibility. You must be at least 18 years of age to create and account on The School of Imperfection, and use the service. By creating an account you represent and warrant that you can form a binding contract with The School of Imperfection, and you are not barred from using an online service under any State or Federal law. You also represent that you will comply with all Terms of Service of this platform. By creating an account with The School of Imperfection a division of Brand Matter, Inc.you represent and warrant that you have never been convicted of a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry. The availability of all or part of our Site and/or Classes may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from purchasing from The School of Imperfection a division of Brand Matter, Inc.or may terminate your purchase at any time based on these criteria. You further understand that the Site and/or Classes may not be available in every geography. THE SCHOOL OF IMPERFECTION A DIVISION OF BRAND MATTER, INC.CURRENTLY OPERATES IN THE FOLLOWING COUNTRIES: UNITED STATES, THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE U.S. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY THE SCHOOL OF IMPERFECTION. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.

k) Communications: By providing your information or creating an account, you agree that The School of Imperfection a division of Brand Matter, Inc.may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a The School of Imperfection a division of Brand Matter, Inc.account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time.

l) Subscribing Organizations. If you have express permission from The School of Imperfection a division of Brand Matter, Inc.to open or use an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of such organization with the authority to bind such it to these Terms; and agree to be bound by these Terms on its behalf.

Fees, Billing, Cancellation

a) Recurring Billing. By initiating a The School of Imperfection a division of Brand Matter, Inc.purchase, you authorize us to charge you for your initial period and a recurring monthly fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes and cancellation or late fees, as further explained below. Note that even if you do not use the purchase or access the Site and/or Classes, you will be responsible for fees until you cancel your purchase, or it is otherwise terminated.

b) Purchase Cycle. When you sign up and purchase your The School of Imperfection a division of Brand Matter, Inc.purchase, your first Purchase Cycle will be billed immediately. Unless we expressly communicate otherwise, your purchase will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paid purchase began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your The School of Imperfection a division of Brand Matter, Inc.membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your purchase.

c) Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to users for their current prepaid period only in the following circumstances: (i) if you are canceling your purchase and request a refund within 5 days of the date of your first payment for your purchase or (ii) if your purchase is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law. WE DO NOT PROVIDE REFUNDS OR MAKE GOODS FOR ANY PRIOR MONTHS INCLUDING FOR UNUSED CREDITS OR CLASSES.

d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your purchase will take effect on your next billing cycle upon notice communicated through a posting on the The School of Imperfection a division of Brand Matter, Inc.website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your purchase, you will be deemed to have accepted these new fees.

e) Payment Methods. You may edit your Payment Method information by logging onto our website or mobile app and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

f) Cancellation of Purchase. Unless we communicate otherwise, you may terminate your purchase at any time before your purchase renews by going into your account settings on the The School of Imperfection a division of Brand Matter, Inc.website and letting us know you would like to cancel. Unless we communicate otherwise, and except for during a Trial, following any cancellation you will continue to have access to your purchase through the end of your current prepaid Purchase Cycle, unless you cancel and receive a refund in which case your access will be terminated immediately. Note that if you do terminate your purchase, we reserve the right to charge a reactivation fee if you want to return to The School of Imperfection a division of Brand Matter, Inc.in future months or to restrict your access in future months. If you cancel your purchase or it is terminated for any reason, you will lose access to all Classes, content, credits or features available through the purchase.

g) Reservation and Cancellation of Classes. As a The School of Imperfection a division of Brand Matter, Inc.user, you must reserve and cancel your Classes only through the Site. It is a breach of these Terms if you reserve or cancel directly with a Venue, including through any online or mobile account you have with a Venue, independent of The School of Imperfection. If you reserve or cancel directly with such Venue, we reserve the right to charge you the full amount that the Venue charges for such class and/or any applicable cancellation fees, and/or to suspend or terminate your purchase.

h) Fees Charged by Venues. In addition to fees we charge, Venues may also charge equipment or other amenity fees that you will be responsible for directly. For example, some Venues might charge extra to rent a yoga mat or cycling shoes. Further, The School of Imperfection a division of Brand Matter, Inc.only gives you access to the class for which you signed up on the Site (and at the specified time and location). The Venue may have additional fees for use of additional classes or spaces.

i) Third Party Fees for Using The School of Imperfection. You are also responsible for all third-party charges and fees associated with connecting to and using the Site and/or Classes, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Site and/or Classes.

Promotions

a) Trials. From time to time we may offer a trial membership that includes access to the The School of Imperfection a division of Brand Matter, Inc.platform during the trial period. The Classes, content and features available during your Trial may differ from those available during subsequent Purchase Cycles. Trials will have the duration and price communicated at the time you sign up. Unless otherwise communicated, a trial begins at the moment of sign up (even if you choose not to take your first Class until a later date) and ends at 11:59pm ET on the last day of the trial (for a one-week trial, this would be the same weekday of following week). If you cancel your Trial, your cancellation will be processed and your Trial period will end immediately, your credits will expire, and your upcoming reservations will be cancelled, unless we communicate otherwise. Each trial membership automatically will convert to a regular monthly purchase and price unless canceled by 12pm ET on the day before the last day of trial. Customers that cancel and do not convert to a regular purchase may not attend classes taking place after the end of the trial membership period (even if booking occurred before the end of the applicable trial period). Trials, discount offers, and promotions (collectively “Trials”) may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless we expressly communicate otherwise, Trials are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited. You understand and agree that unless we expressly communicate otherwise, Trials are available only to new users that have never had a The School of Imperfection a division of Brand Matter, Inc.account before and there is only one Trial permitted per credit card or payment method and it is a violation of these Terms to sign up for a Trial if you have signed up for an account or trial in the past or to have more than one account or trial at the same time. The School of Imperfection a division of Brand Matter, Inc.reserves the right, in its absolute discretion, to determine your eligibility for a Trial. If in our discretion we believe you are not eligible for a Trial, we reserve the right to prevent you from signing up for a Trial or to terminate your promotional purchase. If we terminate your Trials because you have violated these Terms, you understand that you will not be eligible for a refund.

b) Gift Cards. From time to time we may make available gift cards for The School of Imperfection a division of Brand Matter, Inc.membership. The current terms that apply to gift cards can be found here. Other than gifting a gift card as described in the gift card terms, you may not gift Experience or credits to the third parties and your use of The School of Imperfection a division of Brand Matter, Inc.is personal to you.

c) Refer a Friend. From time to time we may make available certain incentives for The School of Imperfection a division of Brand Matter, Inc.users to refer a friend to use The School of Imperfection. The current terms that apply to referrals can be found here.

d) Other Promotions. The School of Imperfection a division of Brand Matter, Inc.may offer additional types of offers and promotions which will be subject to additional terms and conditions that The School of Imperfection a division of Brand Matter, Inc.may provide.

Termination or Modification by The School of Imperfection. You understand and agree that, at any time and without prior notice The School of Imperfection a division of Brand Matter, Inc.may (1) terminate, cancel, deactivate, disable, delete and/or suspend your purchase, your account, any orders placed, or your access to or use of the Site, your membership and/or Classes (or any portion thereof, including but not limited to your access to any or all Venues, credits or classes or services) and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site , including of your purchase. This includes the right to terminate or modify any purchase prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. The School of Imperfection a division of Brand Matter, Inc.shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are a user, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your purchase applicable to future unused services (less any fees or costs for classes or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Classes and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that The School of Imperfection a division of Brand Matter, Inc.will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your purchase. If The School of Imperfection a division of Brand Matter, Inc.deletes your account for these reasons, you may not re-register for or use the Site and/or Classes under any other user name, email, payment method or profile. The School of Imperfection a division of Brand Matter, Inc.may block your access to the Site to prevent re-registration.

Privacy. Your privacy is important to The School of Imperfection. The The School of Imperfection a division of Brand Matter, Inc.Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to The School of Imperfection’ collection, use, and disclosure of your personal information. When you make a reservation, the applicable Venue partner will have access to certain information about you, such as your name and email address, so it can process the applicable reservation or activity and make available Classes and provide services to you. Please see the Privacy Policy for more information.

Community Rules. By using the Service, you agree that you will not: • use the Service for any purpose that is illegal or prohibited by this Agreement. • use the Service for any harmful or nefarious purpose • use the Service in order to damage The School of Imperfection • violate our Community Guidelines, as updated from time to time. • spam, solicit money from or defraud any members. • impersonate any person or entity or post any images of another person without his or her permission. • bully, "stalk", intimidate, assault, harass, mistreat or defame any person. • create or distribute any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right. • create or distribute any Content that is hate speech, threatening, sexually explicit or pornographic. • create or distribute any Content that incites violence; or contains nudity or graphic or gratuitous violence. • create or distribute any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission. • use another member's account, share an account with another member, or maintain more than one account. • create another account if we have already terminated your account, unless you have our permission.

The School of Imperfection a division of Brand Matter, Inc.reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Tinder regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.