Terms of Service

YUR, Inc. (together with our affiliates, "YUR", "we", or "us") offers a personalized and social fitness application and platform and related products, services, content, and features through the YUR website (the "YUR Site") and through mobile, desktop, virtual or augmented reality headset, or other device applications (including iOS and Android applications ("Apps")) and any YUR-controlled social media pages (including on Facebook, Instagram, and Twitter). To make these Terms easier to read, the YUR Sites and Apps, and YUR-controlled social media pages are collectively called the "YUR Service" or "the Services". By downloading, visiting, browsing, or using the YUR Service in any way, you (as a "user") accept and agree to be bound by these Terms of Service ("Terms"), which form a binding agreement between you and YUR.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER.

Please read these Terms in their entirety. If you do not wish to be bound by these Terms, you may not access or use the YUR Service. Certain elements of the YUR Service may be subject to additional terms and conditions specified from time to time, and your use of those elements of the YUR Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

We may, in our sole discretion, refuse to offer the YUR Service to any person or entity at any time. You are solely responsible for ensuring that you comply with all laws, rules and regulations applicable to you in connection with your use of the YUR Service. The right to access and use the YUR Service is revoked where these Terms or use of the YUR Service is prohibited or conflicts with any applicable law, rule or regulation.

Minors between the ages of 13 and 18 may use the YUR Service, provided that (a) they and their parent/guardian agree to be bound by these Terms; and (b) their parent/guardian is supervising their use of the YUR Service at all times. Otherwise, you must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to download, register with and/or use the YUR Service.

Subject to your compliance with these Terms, YUR grants you a limited, non-transferable, non-exclusive, revocable license to access and use the YUR Service for your own personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the YUR Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

Our Privacy Policy, available at yur.coach/privacy-policy (the "Privacy Policy"), forms a part of these Terms. Please review the Privacy Policy to learn about:

• What information we may collect about you;
• What we use that information for; and
• With whom we share that information.

Account Creation. To enjoy full access to the YUR Service, you must download the YUR Service, create an account, and pay for our Content and features. All information that you provide must be accurate and complete, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information.

Account Updates. You must notify us if any of your account information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your account.

Profile Information and Picture. You may not use someone else's name, or any name, location, other public profile information, or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable in YUR'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. 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 the YUR Service. If you become aware of unauthorized access to your account, change your password and notify us immediately at privacy@yur.energy.

YUR will provide information on its then-current fees on the YUR Site and/or by other means through the YUR Service. Features and prices are subject to change.

In connection with your download, use of, and/or subscription to the YUR Service, you agree to pay the fee(s) specified on the YUR Site plus any applicable taxes and other charges. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your account or subscription, along with other payment information. You authorize us to charge your purchase to that payment method. You represent and warrant that you have the legal right to use the payment method(s) that you provide to us.

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

Termination. YUR may, in YUR's sole discretion, suspend, disable, or delete your account (or any part thereof), terminate your subscription, or block or remove any User Content that you submitted, for any lawful reason, including if YUR determines that you have violated these Terms or that your conduct or User Content would tend to damage YUR's reputation or goodwill.

Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by YUR will terminate. The following sections survive termination: Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Safety Warnings, Intellectual Property, Arbitration & Class Action Waiver, Governing Law and all general provisions.

"Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the YUR Service; and "User Content" means any content that users (including you) provide to be made available through the YUR Service.

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.

As between you and YUR, you represent that you own (or have all rights necessary to grant YUR the rights below to) all User Content that you submit to the YUR Service. You grant YUR a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display, edit, modify, and make derivative works from your User Content for any purpose whatsoever.

You agree not to do any of the following:

• Reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the YUR Service
• Post, upload, publish, submit or transmit any User Content that infringes third-party rights, is fraudulent, defamatory, obscene, or promotes discrimination or violence
• Download and/or install any third-party software on any YUR hardware not expressly permitted by YUR
• Access, tamper with, or use non-public areas of the YUR Service or YUR's computer systems
• Attempt to probe, scan or test the vulnerability of any YUR system or breach any security measures
• Send any unsolicited or unauthorized advertising, spam, or chain letters
• Interfere with the access of any user, host or network
• Collect or store any personally identifiable information from other users without their express permission
• Impersonate or misrepresent your affiliation with any person or entity
• Violate any applicable law or regulation

You agree to indemnify, defend, and hold harmless YUR and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the YUR Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.

YUR provides the YUR Service on an "AS IS" and "AS AVAILABLE" basis. You therefore use the YUR Service at your own risk. To the extent permitted by law, YUR expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.

To the fullest extent permitted by law: (i) YUR shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses; and (ii) YUR's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to YUR over the 3 months preceding the date your first claim(s) arose.

THE YUR SERVICE OFFERS HEALTH AND FITNESS 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.

Nothing stated or posted on the YUR Site or available through any YUR Service is intended to be, and must not be taken to be, the practice of medical or counseling care.

You acknowledge that the YUR Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. The YUR name, logos and affiliated properties, designs and marks are the exclusive property of YUR, Inc. and/or its affiliates, whether registered or unregistered, and may not be used without our express prior written consent.

Mandatory Arbitration of Disputes. Any dispute, claim or controversy arising out of or relating to this Agreement shall be determined by arbitration in San Francisco, California, United States before one arbitrator, administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.

CLASS ACTION WAIVER: YOU AND YUR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

These Terms shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in San Francisco, California, United States of America, and you consent to the jurisdiction of those courts.

We may update these Terms at any time, in our sole discretion. If we do so, we'll let you know by posting the updated Terms on the YUR Site and/or through the YUR Service. If you continue to use the YUR Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the YUR Service anymore.

These Terms incorporate the Privacy Policy by reference, as well as any other policies or procedures referenced herein that are posted to the YUR Site from time to time. These Terms represent the entire understanding between YUR and you regarding the YUR Service or Content and supersede all prior agreements and understandings regarding the same.

You consent to receive all communications including notices, agreements, disclosures, or other information from YUR electronically. For support-related inquiries, you may email hi@yur.fit. For all other notices to YUR, write to: