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Embody App Terms of Service

This Embody App Terms of Service (the “Agreement”) is between You, the user, and Carry the Torch, Inc., doing business as The Workout Witch (“The Workout Witch,” “Business,” “Our,” or “We” interchangeably).

This Agreement incorporates by reference Business’ Terms of Service, as provided on their website.

You are encouraged to read this Agreement carefully and fully to create clarity of our respective roles and expectations while using the Embody App.

1. EMBODY APP: In addition to other services offered by The Workout Witch, You may chose to enroll in the Embody App, which refers to an online digital library of somatic exercises and educational content hosted via Mighty Pro.

2. PAYMENT; AUTO-DEBIT: By purchasing an annual subscription to the Embody App, You expressly agree that The Workout Witch is authorized to, on a recurring basis on the same calendar date of each year, automatically charge the debit or credit card account You specified in your account for the subscription plan You enrolled in.

You understand and acknowledge that (1) The Workout Witch will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. The Workout Witch may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. The Workout Witch cannot be held responsible for errors in processing due to expired or inaccurate information; and (3) The Workout Witch is not responsible for any bank overdraft fees that may occur.

3. SUBSCRIPTION CANCELLATION: Subscription will continue to renew each year until cancelled by You in your account. When You cancel prior to the next billing date, You still maintain access to the App Subscription through the end of your billing cycle. If You do not cancel prior to your billing date You will be automatically billed, with no refund, for the subsequent year and continue to have access until your next billing date, at which point your App Subscription will be considered cancelled and You will not be billed further.

4. REFUND POLICY, CHARGEBACK POLICY: Unless otherwise provided by law, You acknowledge that all sales are final and The Workout Witch does not offer refunds for any portion of your payment for any of the App Subscription at any time. If You enroll in the App Subscription with a known contraindication to somatic exercises, You will not be granted a refund for any portion of fees paid if requested. By consenting this Agreement, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it.

If you have concerns about your app subscription, You agree to contact our customer support team at Liz@TheWorkoutWitch.com before seeking a chargeback. Initiating a chargeback against the Business in violation of this policy may result in immediate termination of your app subscription and associated access to app materials, and legal action to recover the disputed amount, including any associated fees.

5. DELIVERY OF DIGITAL PRODUCTS AND SERVICES: After subscribing to the App You will be able to access  products and services of the app from your account in MightyPro.

The Workout Witch reserves the right to substitute live instruction with pre-recorded classes or alternate instructors when reasonably needed to accommodate emergencies, including for reasons such as (but not limited to): scheduled absences, professional obligations, illness, emergencies, and Acts of God.

6. The Workout Witch has a strict zero-tolerance policy for discrimination, harassment, or abusive conduct of any kind in the app and reserves the right to moderate, remove, or restrict access to content that violates community guidelines. The following actions are strictly prohibited and constitute grounds for immediate removal from the app without refund:

  • Any form of harassment, discrimination, or hate speech

  • Bullying, intimidation, or threats (whether direct or implied)

  • Any other conduct that The Workout Witch, in their sole discretion

The Workout Witch reserves the right, in their sole discretion, to investigate any alleged violations of these terms and to take appropriate action, including suspension or termination of app subscription. No refunds shall be issued in the event of termination due to a violation of these community standards.

7. MATERIALS PROVIDED TO THE WORKOUT WITCH OR POSTED ON THE SITES: The Workout Witch does not claim ownership of the materials You provide to The Workout Witch (including feedback, comments, and suggestions in community boards) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission You are granting The Workout Witch permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Workout Witch is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of The Workout Witch.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

8. PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: The App is a single-user, non-commercial license granted to the individual who subscribed to the app only. To access certain features of the app, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. If The Workout Witch has reasonable grounds to suspect that You have shared your login credentials with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, The Workout Witch has the right to suspend or terminate Your account and refuse all current or future use of the website, without refund. Further, excessive usage of the app will be assumed by The Workout Witch to be fraudulent use, and your account will be immediately canceled without a refund. 

9. PERSONAL RESPONSIBILITY, DISCLAIMERS, RELEASE OF CLAIMS: You understand that physical exercise associated with the App can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any physical exercise activity or any mental health activities. You voluntarily assume any and all risks, known or unknown, associated with your use of the App (collectively “Your Participation”). You acknowledge that Your Participation may present certain physical and mental health risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical, mental or emotional injury, or exacerbation of injury or underlying condition; minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below).

Notwithstanding the foregoing, You hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation, You agree that by participating in physical exercise or mental health activities, You do so entirely at your own risk. Further You expressly agree to release and discharge The Workout Witch and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and You agree to voluntarily give up or waive any right that You may otherwise have to bring a legal action against the Released Parties for personal injury (physical or mental) or property loss. 

You agree that The Workout Witch will not be held responsible in any way for the information that You request or receive through the App, nor will The Workout Witch be responsible for how You use, apply, or engage with the information that You request or receive through the App. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release The Workout Witch, in their individual capacity and legal capacity, and each of the Released Parties from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that You ever had, now have or may have against The Workout Witch in the future that may arise from your participation in the App, including all services and products, to the extent permitted by applicable law.

10. NO MEDICAL ADVICE: App content is not meant to diagnose medical conditions. The Workout Witch owners and teachers are not qualified medical practitioners. The App is not intended to teach You how to diagnose a medical condition nor to give medical advice. The Workout Witch strongly recommends that You do not diagnose symptoms – either your own or those of clients or customers, and instead, refer all clients or customers to qualified healthcare practitioners. The information learned in the App is not  medical advice, diagnosis, or treatment, or substitute for an individual patient assessment based on a qualified health care provider’s evaluation of a patient, including factors unique to such a patient. The Workout Witch is not responsible or liable for any advice, course of treatment, diagnosis, or any other information or services, including health care services, that You offer anyone based on information You obtained through your use of the App.

The content of the App should not be used if You are in a life-threatening or emergency medical situation. IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH, INCLUDING ANY MEDICAL CONDITION OR TREATMENT, PLEASE CONTACT YOUR HEALTH CARE PROVIDER OR, IF YOU HAVE A MEDICAL EMERGENCY, CALL 911.

11. NO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the App can be subjective and vary greatly depending upon circumstances and individual effort invested in the App process. Enrollment in the App does not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that The Workout Witch makes no guarantee, representation or warranty of any nature or kind that this App will be effective or will result in any particular outcome. You agree that You will not hold the responsible, in whole or in part, for any result that You do or do not achieve.  

12. INTELLECTUAL PROPERTY: All content included in the App are the sole and exclusive property of The Workout Witch and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. The App content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the App or APp materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without our prior written permission.

12.1 COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by The Workout Witch and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and The Workout Witch may prosecute such misconduct to the fullest extent permitted by law.

12.2 TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by The Workout Witch or a use right has been granted to The Workout Witch. Your enrollment in the App does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your participation in the App. Without the prior permission of The Workout Witch, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logos featured on the Sites for which you do not have personal rights.

13. TERMINATION AND ACCESS RESTRICTION: The Workout With reserves the right to terminate this Agreement and your enrollment in the App, in the event of (a) a material breach of this Agreement, or (b) misconduct violative of The Workout Witch general community standards. Such termination is at The Workout Witch’s sole discretion and effective immediately. If The Workout Witch terminates this Agreement, the financial obligations of this Agreement may be revisited and reassessed, however all other terms of this Agreement remain.

14. TESTIMONIAL RELEASE: You grant The Workout Witch, its representatives, employees, agents and/or assigns the right to solicit and share an approved, written or video testimonial, created by You, following your completion of the App. You understand that You have the right to decline sharing a testimonial, and your participation will not impact the services You receive in the App.

15. EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from The Workout Witch related to the App, services, The Workout Witch brand, and your participation in all of the above. By entering into this Agreement, You give The Workout Witch permission to email You, at the email address on file, regarding the same.

16. PRIVACY POLICY: The Workout Witch respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference

17. GOVERNING LAW; DISPUTE RESOLUTION: This Agreement shall be construed according to the laws of the County of Los Angeles in the State of California. Should the parties have any differences, it is hoped that they could work them out amiably through e-mail correspondence. However, if the Parties are unable to seek resolution in 14-days, they agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both, unless they both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to You through arbitration is the full refund of your payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to You. The parties both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in the County of Los Angeles in the State of California where Business’s principal place of business is located.

18. CONTACT: If you have any questions or concerns about this policy or any Services, products, or features, please don’t hesitate to contact us at: Liz@TheWorkoutWitch.com