FITNESS PRO PAA, Terms & Conditions, Privacy Policy,
Community Guidelines, and COVID-19 Policy.
Platform Access Agreement.
This Platform Access Agreement (this “PAA”) is by and among you and your company/business (“you”) and HOMEBODS, Ltd. (“HOMEBODS” or “Company”). This PAA governs your access to our Platform (defined below) which facilitates your provision of fitness and/or yoga training service or peer-to-peer fitness service (collectively, “P2P Service”) to account holders seeking to access certain types of P2P Service (“Grinders”) for themselves and/or their guests. Access to our technology platform includes access to our technology application (the “HOMEBODS App”) that, amongst other things, facilitates P2P Service between you and Grinders; as well as websites and all other associated services, including payment and support services, provided by HOMEBODS, its affiliates or third parties (collectively, our “Platform”). Your access to our Platform is also governed by the applicable terms found on our website, including without limitation, the Community Guidelines, Referral Policies, other applicable HOMEBODS standards and policies (including, without limitation, HOMEBODS’ safety standards, the accessibility policies and U.S. Service Animal Policy) and, except as provided in Section 12.9 below, any other agreements you have with us (including those related to how you choose to interact with our Platform, the services you choose to provide and where you chose to provide them) (collectively with this PAA, this “Agreement”), which are incorporated by reference into this Agreement. By accepting this Agreement, you confirm that you have read, understand and accept the provisions of this Agreement and intend to be bound by this Agreement. This Agreement is effective as of the date and time you accept it.
1. Relationship with HOMEBODS
1.1. Contracting Parties. The relationship between the parties is solely as independent business enterprises, each of whom operates a separate and distinct business enterprise that provides a service outside the usual course of business of the other. This is not an employment agreement and you are not an employee. You confirm the existence and nature of that contractual relationship each time you access our Platform. We are not hiring or engaging you to provide any service; you are engaging us to provide you access to our Platform. Nothing in this Agreement creates, will create, or is intended to create, any employment, partnership, joint venture, franchise or sales representative relationship between you and us. You have no authority to make or accept any offers or representations on our behalf.
1.2. Your Choice to Provide P2P Service to Grinders. We do not, and have no right to, direct or control you. Subject to Platform availability, you decide when, where and whether (a) you want to offer P2P Service facilitated by our Platform and (b) you want to accept, decline, ignore or cancel a Training Session (defined below) request; provided, in each case, that you agree not to discriminate against any potential Grinder in violation of the Requirements (defined below). Subject to your compliance with this Agreement, you are not required to accept any minimum number of Training Sessions in order to access our Platform and it is entirely your choice whether to provide P2P Service to Grinders directly, using our Platform, or using any other method to connect with Grinders, including, but not limited to other platforms and applications in addition to, or instead of, ours. You understand, however, that your Grinders’ experiences with your Training Sessions, as determined by Grinder input, may affect your ability to access our Platform or provide Training Sessions.
2. Our Platform
2.1. General. While using our Fitness App, you may receive lead generation and other technology-based services that enable those operating independent business enterprises like you to provide P2P Service requested by Grinders (“Training Sessions”). Subject to the terms and conditions of this Agreement, HOMEBODS hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use our Platform (including the Fitness App) solely for the purpose of providing Training Sessions and accessing services associated with providing Training Sessions.
2.2. Compliance.
(a) You are responsible for identifying, understanding, and complying with (i) all laws (including, but not limited to, the Americans with Disabilities Act and applicable laws governing your collection, use, disclosure, security, processing and transfer of data), rules and regulations that apply to your provision of Training Sessions (including whether you are permitted to provide P2P Service at all) in the jurisdiction(s) in which you operate (your “Region”) and (ii) this Agreement (collectively, the “Requirements”). Subject to applicable law, you are responsible for identifying and obtaining any required license, permit, or registration required to provide any P2P Service that you provide using our Platform. Notwithstanding anything to the contrary in this Agreement, for the avoidance of doubt, your ability to access and use our Platform is at all times subject to your compliance with the Requirements. You agree not to access or attempt to access our Platform if you are not in compliance with the Requirements.
(b) The Americans with Disabilities Act imposes obligations including the obligation to provide services to Grinders with service animals and does not contain exceptions for allergies or religious objections. We have the right to and you consent to the permanent deactivation of your Fitness App account and the permanent termination of your contractual relationship with us if, based on the evidence, we conclude that you knowingly refused a Training Session request from a Grinder with a service animal, or if we receive plausible reports from Grinders of more than one cancellation or refusal by you alleged to be on the basis of the presence of a Grinder’s service animal.
2.3. Your Provision of Fitness Services to Grinders. You represent, warrant and covenant that (a) you have all the necessary expertise and experience to provide Training Sessions in compliance with the Requirements and standards applicable to the P2P Service, (b) your access and use of our Platform, and provision of P2P Service, in your Region is permitted by the Requirements (including any age requirements), and (c) all such access and use of our Platform will be in compliance with the Requirements. You are responsible for, and bear all costs of, providing all equipment, tools and other materials that you deem necessary or advisable and are solely responsible for any obligations or liabilities arising from the Training Sessions you provide.
2.4. Accessing our Platform.
(a) To provide Training Sessions you must create and register an account. All information you provide to us must be accurate, current and complete and you will maintain the accuracy and completeness of such information during the term of this Agreement. Unless otherwise permitted by us in writing, you agree to only possess one account for providing Training Sessions. You are responsible for all activity conducted on your account. For account security and Grinder safety purposes, you agree not to share or allow anyone to use your login credentials or other personal information used in connection with your account, including but not limited to photos of yourself, to access our Platform. If you think anyone has obtained improper access to your account, login credentials or personal information, you are required to notify us and to change your password immediately so that we may take appropriate steps to secure your account. You agree that HOMEBODS is not responsible for any losses arising from your sharing of account credentials with a third party, including without limitation phishing. You can contact us at prohelp@homebods.club for more information about securing your account.
(b) You represent, warrant, and covenant that you have all required authority to accept and be bound by this Agreement. If you are accepting this Agreement on behalf of your company, entity, or organization, you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such party to this Agreement.
2.5. Background Checks and Licensing.
(a) During your account creation and registration, we will collect, and may verify, certain information about you prior to providing Training Sessions.
(b) You will also be required to pass various background checks both prior to the first time you access our Platform and from time to time thereafter during the term of this Agreement; these checks may be facilitated by third parties. You hereby authorize and instruct us to provide copies of such checks to insurance companies, relevant regulators and/or other governmental authorities as needed for safety or other reasons, as described in our Privacy Notice.
2.6. Accepting Training Session Requests.
(a) Training Session requests may appear in the Fitness App and you may attempt to accept, decline or ignore them. Accepting a Training Session request creates a direct business relationship between you and your Grinder in accordance with the terms of the fitness service the Grinder has requested through our Platform. The mechanism for accepting or declining Training Sessions may vary depending on your location and the type of Training Session request you accept. You acknowledge upon acceptance of a Training Session request, you shall incur HOMEBODS fees, in an amount between eighteen (“18 %”) and twenty-two (“22 %”) percent, as described in this PAA.
(b) You may receive Grinder information, including meeting location, and you agree that your Grinder may also be given identifying information about you, including your first name, photo, location, vehicle information, and certain other information you have voluntarily provided through the Fitness App (collectively, “User Information”). Without a Grinder’s consent, you agree to not contact any Grinder or otherwise use any of the Grinder’s User Information except solely in connection with the provision of Training Sessions to that Grinder. You agree to treat all Grinder User Information as Confidential Information (defined below) received by you under this Agreement. You acknowledge that your violation of your confidentiality obligations may also violate certain laws and could result in civil or criminal penalties.
2.7. Use of HOMEBODS Branded Materials.
(a) Except to the extent necessary to comply with applicable law, you are not required to use, wear or display HOMEBODS’ name or logo on your person or clothing, or to use stickers, decals, or other such materials displaying HOMEBODS’ name or logo (collectively “HOMEBODS Branded Materials”).
(b) Your authorized display of HOMEBODS Branded Materials may signify to Grinders that your P2P Service is facilitated by our Platform. HOMEBODS grants you a limited license to use, wear, or display HOMEBODS Branded Materials provided directly to you by HOMEBODS (“Authorized HOMEBODS Branded Materials”) when providing Training Sessions solely for the purpose of identifying yourself and your vehicle to Grinders as someone selling P2P Service facilitated by our Platform. You agree not to (i) use, wear, or display HOMEBODS-Branded Materials that are not Authorized HOMEBODS Branded Materials (ii) purchase, accept, offer to sell, sell or otherwise transfer HOMEBODS Branded Materials that are not Authorized HOMEBODS Branded Materials or (iii) offer to sell or sell, or otherwise transfer Authorized HOMEBODS Branded Materials, without HOMEBODS’ prior written permission.
(c) The parties expressly agree that your access to, or use of, HOMEBODS Branded Materials, whether or not authorized, does not indicate an employment or other similar relationship between you and us. You further agree not to represent yourself as our employee, representative or agent for any purpose or otherwise misrepresent your relationship with us.
2.8. Criminal Offenses, and Other Compliance Obligations. For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident that occurs during your provision of a Training Session and you agree to cooperate with any investigation and attempted resolution of such incident. Additionally, you agree to notify us within 24 hours if you are arrested for, charged with, or convicted of a criminal offense, for Platform eligibility consideration.
2.9. Ratings. Grinders may be asked to comment on your services, and you may be asked to comment on Grinders. These comments can include star or other ratings and other feedback (collectively, “Ratings”), which we ask all parties to provide in good faith. Ratings are not confidential and you hereby authorize our use, distribution and display of your Ratings (and Ratings about you) as provided in our Privacy Notice, without attribution or further approval. We have no obligation to verify Ratings or their accuracy, and may remove them from our Platform in accordance with the standards in our Community Guidelines. You can find out more about Ratings and how they may affect your ability to access our Platform by visiting our website.
2.10. Location Based Technology Services; Communication Consents.
(a) Your device geo-location information maybe required for the proper functioning of our Platform, and you agree to not take any action to manipulate or falsify your device geo-location. You grant us the irrevocable right to obtain your geo-location information and to share your location with third parties, including your Grinders, who may see your approximate in the Fitness App before and during their Training Session. We may not and will not use this information to attempt to supervise, direct, or control you or your provision of Training Sessions.
(b) You agree that we may contact you by email, telephone or text message (including by an automatic telephone dialing system) at any of the phone numbers provided by you, or on your behalf, in connection with your account. You also understand that you may opt out of receiving email, text, and other messages from us at any time. Notwithstanding the foregoing, we may also contact you by any of the above means, including by SMS, in case of suspected fraud or unlawful activity by your or on your account.
3. Insurance
3.1. Your Fitness Professional Liability Insurance for P2P Service. You will maintain fitness professional liability insurance that provides protection against bodily injury and property damage to third parties at coverage levels that satisfy the minimum requirements to provide professional fitness services whenever and wherever you provide services. You must be listed as an insured on your fitness liability insurance. You will provide us with a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for your policy, as well as copies of the same upon renewal. You will notify us in writing immediately if the policy you have is cancelled.
3.2. Limitations on Your Personal Insurance. You understand that while you are providing P2P Service your personal insurance policies may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured or underinsured motorist, or other applicable coverage for you. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility to resolve them with your insurer.
3.3. Your Other Insurance for P2P Service. You will maintain workers’ compensation insurance if it is required by applicable law. If allowed by applicable law, you can insure yourself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance (and it is at your own risk if you decide not to).
3.4. HOMEBODS Maintained Insurance. We may, in our sole discretion, choose to maintain insurance related to your Training Sessions, but we are not required to provide you with any specific coverage for loss to you or your vehicle. We can change, reduce or cancel insurance that is maintained by us, if any, at any time without notice to you or authorization from you.
4. Payments and Cancellations.
4.1. Receiving Payments.
(a) Eligibility for Payment. You must have a valid and active debit card, or another accepted deposit account, issued in your name to receive payments. Your ability to receive payments is dependent upon your deposit account’s acceptance of funds; not all deposit accounts are eligible to accept funds, and the card’s issuing bank may choose at any time to disable the acceptance of funds or enable restrictions. To the extent there is any issue with receiving payments through our Platform, you shall work to resolve such issues with your bank and we shall work with you to resolve any issues with within our Platform.
(b) Availability of Payments. We are not able to ensure that all payments are deposited instantly. The speed at which you receive payments will depend on your bank and other factors. If your bank rejects a payment, or it fails in our system, the entire amount available for cashout in your account will be routed to your bank account, and you will receive the payment typically within 1-3 business days. We are not responsible for any fees from your bank in association with your use of the Platform. We reserve the right to block access to payments, if at any time for any reason, there are incidents of improper use of our Platform, account investigation, deactivation, or upon further review of completed Training Sessions.
(c) Third-Party Provider. Payments are facilitated by a third-party provider of payments services. As such, you are subject to any additional terms and conditions for payment imposed by the third-party provider, which we recommend you review.
4.2. Platform Fees and Calculations. You shall be entitled to eighty percent (80%) of the fee you charge for Completed Training Sessions, and HOMEBODS shall be entitled to twenty percent (20%). HOMEBODS reserves the right, in its sole discretion, to reduce or increase the Platform fee and shall provide notice of any change in fees, if any.
4.3 Cancellations.
a. Cancellations by Grinders. Cancellations made by Grinders will trigger fees according to the below schedule:
ii. Cancellations Made within 48 and 24 Hours of Date and Time of Accepted Fitness Appointments: Ten($10.00) Dollars. To cover administrative and banking fees incurred by HOMEBODS, the $10.00 fee will be split equally among HOMEBODS and Fitness Pros.
iii. Cancellations Made prior to 24 Hours of Date and Time of Accepted Fitness Appointments: 50% of the Fitness Appointment fee shall be charged, and the standard 80/20 fee split shall be processed.
b. Cancellations by Fitness Pros. You hereby acknowledge and understand that HOMEBODS incurs administrative and banking fees to administer and process its Platform. You understand that by accepting a Fitness Appointment, you are responsible for attending the appointment at the time and date scheduled, and that while HOMEBODS shall not charge any cancellation fees, you shall be responsible for any cancellation fees incurred by HOMEBODS if any. HOMEBODS strongly encourages you to offer Grinders as much advanced notice as possible, as well as discounts via your Custom Fee option where appropriate and applicable.
5. Term and Termination; Effect; Survival
5.1. Term. This Agreement is effective as of the date and time you accept it and will continue until terminated by you or us.
5.2. Termination by You. You may terminate this Agreement (a) without cause at any time upon seven (7) days’ prior written notice to HOMEBODS; and (b) immediately, without notice for HOMEBODS’ violation or alleged violation of a material provision of this Agreement. You can find out more about how to delete your account by navigating to HOMEBODS.club.
5.3. Deactivation. You consent to and we may temporarily deactivate your account without notice to investigate whether you have engaged in, or your account has been used in, activity that is deceptive, fraudulent, unsafe, illegal, harmful to our brand, business or reputation, or that violates this Agreement (including the policies incorporated herein by reference)(any of the foregoing, a “Material Breach or Violation”). You also consent to and we may terminate this Agreement or permanently deactivate your account without notice if we determine in our discretion that a Material Breach or Violation has occurred.
5.4. Effect of Termination and Survival. Upon termination, each party will remain responsible for its respective liabilities or obligations that accrued before or as a result of such termination. Once the Agreement is terminated you will no longer access our Platform to provide Training Sessions. You agree to use commercially reasonable efforts to return any HOMEBODS Branded Materials or destroy them. Sections 1, 2.7, 2.10(b), 4, 5.5, 6-9, 12 and 13 shall survive any termination or expiration of this Agreement.
6. DISCLAIMERS
6.1. WE PROVIDE OUR PLATFORM AND ANY ADDITIONAL PRODUCTS OR SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, AND YOUR ACCESS TO OUR PLATFORM IS NOT GUARANTEED TO RESULT IN ANY TRAINING SESSION REQUESTS. WE DO NOT WARRANT THAT OUR PLATFORM WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR- FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS WILL BE CORRECTED, THAT OUR TECHNOLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS OR LOSSES RESULTING FROM SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT YOUR ACCESS TO OUR PLATFORM.
6.2. WE PROVIDE LEAD GENERATION AND RELATED SERVICES ONLY, AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE GRINDERS WHO MAY REQUEST OR ACTUALLY RECEIVE TRAINING SESSIONS FROM YOU. WE DO NOT SCREEN OR EVALUATE THESE GRINDERS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SAFETY, SECURITY, AND NONINFRINGEMENT. WE EXCLUDE ALL WARRANTIES TO THE EXTENT THOSE REGULATIONS ALLOW.
6.3. IF A DISPUTE ARISES BETWEEN YOU AND YOUR GRINDERS OR ANY OTHER THIRD PARTY, YOU RELEASE US FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 6.4. WE MAY USE ALGORITHMS IN AN ATTEMPT TO FACILITATE TRAINING SESSIONS AND IMPROVE THE: EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF OUR PLATFORM; ANY SUCH USE DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
7. Information.
We may collect and disclose information from or about you when you create an account, interact with our Platform or provide Training Sessions and as otherwise described in our Privacy Notice. Notwithstanding anything herein to the contrary (a) the collection, use, and disclosure of such information will be made in accordance with our Privacy Notice and (b) if you elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with, or related to, us or our Platform, we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.
8. Confidentiality.
8.1. Confidential Information. Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party or third parties (“Confidential Information”). Confidential Information includes Grinder User Information and the fitness volume, marketing and business plans, business, financial, technical, operational and such other, non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential. Confidential Information does not include any information that: (a) was in the receiving party’s lawful possession prior to the disclosure, as clearly and convincingly corroborated by written records, and had not been obtained by the receiving party either directly or indirectly from the disclosing party; (b) is lawfully disclosed to the receiving party by a third party without actual, implied or intended restriction on disclosure through the chain of possession, or (c) is independently developed by the receiving party without the use of or access to the Confidential Information, as clearly and convincingly corroborated by written records.
8.2. Obligations. Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform their obligations under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party; subject to applicable law and our internal record-keeping requirements.
8.3. Remedies. The unauthorized use or disclosure of any Confidential Information would cause irreparable harm and significant damages, the degree of which may be difficult to ascertain. Accordingly, the parties have the right to obtain immediate equitable relief to enjoin any unauthorized use or disclosure of Confidential Information disclosed by the other party, in addition to any other rights or remedies described in Section 13, applicable law or otherwise.
9. Intellectual Property.
We reserve all rights not expressly granted in this Agreement. The Fitness App, our Platform, and all data gathered through our Platform, including all intellectual property rights therein (the “Platform IP”), are and remain our property and/or that of our licensors, as applicable. Neither this Agreement nor your use of HOMEBODS’ or our licensors’ company names, logos, products or service names, trademarks, service marks, trade dress, other indicia of ownership, or copyrights (“HOMEBODS Names, Marks, or Works”) or the Platform IP conveys or grants to you any rights in or related to the Platform IP, or related intellectual property rights, including HOMEBODS’ Names, Marks, or Works, except for the limited license granted above. You shall not, and shall not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the Platform IP or Authorized HOMEBODS-Branded Materials; (b) reverse engineer or attempt to extract the source code of our software, except as allowed under law; (c) use, display, or manipulate any of HOMEBODS Names, Marks, or Works for any purpose other than to provide Training Sessions; (d) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include HOMEBODS Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (e) use HOMEBODS Names, Marks, or Works as your social media profile picture or wallpaper; (f) purchase keywords (including, but not limited to Google AdWords) that contain any HOMEBODS Names, Marks, or Works; (g) apply to register, reference, use, copy, and/or claim ownership in HOMEBODS’ Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works, except as may be permitted in the limited license granted above; (h) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of our Platform or data; or (i) aggregate HOMEBODS’ data with competitors’.
10. Third-Party Services.
From time to time we may permit third parties to offer their services to users of our Platform. Third-party services may be subject to additional terms (including pricing) that apply between you and the party(ies) providing such services. If you choose to access the third-party services you understand that the providers of the third-party services are solely responsible for liabilities arising in connection with the access and use of such third-party services. While we may allow users to access such services through our Platform and we may collect information about our users’ use of such services, we may not investigate, monitor or check such third-party services for accuracy or completeness.
11. Miscellaneous.
11.1. Modification. You will only be bound by modifications or supplements to this PAA on your acceptance, but if you do not agree to them, you may not be allowed to access our Platform. Such modifications or supplements may be provided to you only via electronic means. From time to time we may modify information hyperlinked in this PAA (or the addresses where such information may be found) and such modifications shall be effective when posted.
11.2. Severability. Invalidity of any provision of this Agreement does not affect the rest of this Agreement. The parties shall replace the invalid or non-binding provision with provision(s) that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
11.3. Assignment. We may freely assign or transfer this Agreement or any of our rights or obligations in them, in whole or in part, without your prior consent. You agree not to assign this Agreement, in whole or in part, without our prior written consent, and any attempted assignment without such consent is void.
11.4. Conflicts. Except with respect to the Arbitration Provision, if there is a conflict between this PAA and any supplemental terms between you and us, those supplemental terms will prevail with respect to the specific conflict if explicitly provided therein, and is in addition to, and a part of, this Agreement.
11.5. Interpretation. In this Agreement, “including” and “include” mean “including, but not limited to.”
11.6. Notice. Except as explicitly stated otherwise, any notices to us shall be given by certified mail, postage prepaid and return receipt requested to HOMEBODS, Ltd., 1133 W. 9th Street, Ste. 100, Cleveland, Ohio 44113, Attn: Legal Department. All notices to you may be provided electronically including through our Platform or by other means.
11.7. Governing Law. Except as specifically provided in this PAA, this PAA is governed by the applicable law of the state where you reside (or where your entity is domiciled) when you accepted this PAA (the “Governing Law”). The Governing Law shall apply without reference to the choice-of-law principles that would result in the application of the laws of a different jurisdiction.
11.8. Entire Agreement. Except as specifically set forth in Section 11.4 or the Arbitration Provision, this Agreement, constitutes the entire agreement and understanding with respect to the subject matter expressly contemplated herein and therein, and supersedes all prior or contemporaneous agreements or undertakings on this subject matter.
11.9. No Incorporation. Notwithstanding anything herein to the contrary, no agreement, term or other provision relating to your indemnification obligations to us will be considered incorporated by reference, or otherwise a part of, this Agreement.
11.10. Existing Documents. Defined terms in documents accepted in connection with your acceptance of this Agreement that reference a technology services agreement shall be deemed amended to reference analogous terms defined in this Agreement, including by replacing the term “Technology Services Agreement” with “Platform Access Agreement”.
11.11. Questions. If you have questions about our Platform, you may contact us by logging on to HOMEBODS.club and navigating to the “Contact Us” section.
12. Arbitration Provision
IMPORTANT: PLEASE REVIEW THIS ARBITRATION PROVISION CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS PROVIDED BELOW. YOU MAY CHOOSE TO OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE BELOW INSTRUCTIONS. THERE ARE AND/OR MAY BE LAWSUITS ALLEGING CLASS, COLLECTIVE OR REPRESENTATIVE CLAIMS ON YOUR BEHALF AGAINST US. IF YOU DO NOT OPT OUT OF THIS ARBITRATION PROVISION AND THEREFORE AGREE TO ARBITRATION WITH US, YOU ARE AGREEING IN ADVANCE, EXCEPT AS OTHERWISE PROVIDED BELOW, THAT YOU WILL NOT PARTICIPATE IN AND, THEREFORE, WILL NOT SEEK OR BE ELIGIBLE TO RECOVER MONETARY OR OTHER RELIEF IN CONNECTION WITH, ANY SUCH CLASS, COLLECTIVE OR REPRESENTATIVE LAWSUIT. THIS ARBITRATION PROVISION, HOWEVER, WILL ALLOW YOU TO BRING INDIVIDUAL CLAIMS IN ARBITRATION ON YOUR OWN BEHALF.
12.1. How This Arbitration Provision Applies.
(a) This Arbitration Provision is a contract governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and evidences a transaction involving commerce, and you agree that this is not a contract of employment involving any class of workers engaged in foreign or interstate commerce within the meaning of Section 1 of the Federal Arbitration Act. If notwithstanding the foregoing, the Federal Arbitration Act does not apply to this Arbitration Provision, the law pertaining to arbitration agreements of the state where you reside when you entered into this Agreement shall apply. Except as it otherwise provides, this Arbitration Provision applies to any legal dispute, past, present or future, arising out of or related to your relationship with us or relationship with any of our agents, employees, executives, officers, investors, shareholders, affiliates, successors, assigns, subsidiaries or parent companies (each of which may enforce this Arbitration Provision as third party beneficiaries), and termination of that relationship, and survives after the relationship terminates.
(b) This Arbitration Provision applies to all claims whether brought by you or us, except as provided below. This Arbitration Provision requires all such claims to be resolved only by an arbitrator through final and binding individual arbitration and not by way of court or jury trial. Except as provided below regarding the Class Action Waiver and Representative Action Waiver, such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the formation, scope, enforceability, waiver, applicability, revocability or validity of this Arbitration Provision or any portion of this Arbitration Provision.
(c) Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to disputes between you and us, or between you and any other entity or individual, arising out of or related to your application for and use of an account to use our Platform and Fitness App as a Fitness Pro, background checks, your privacy, your contractual relationship with us or the termination of that relationship (including post-relationship defamation or retaliation claims), the nature of your relationship with us (including, but not limited to, any claim that you are our employee), trade secrets, workplace safety and health, unfair competition, compensation, minimum wage, expense reimbursement, overtime, breaks and rest periods, retaliation, discrimination, or harassment and claims arising under the Telephone Consumer Protection Act, Fair Credit Reporting Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, 8 U.S.C. § 1324b (unfair immigration related practices), Americans With Disabilities Act, Age Discrimination in Employment Act, Fair Labor Standards Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, federal, state or local statutes or regulations addressing the same or similar subject matters, and all other federal, state, or local statutory, common law and legal claims (including without limitation, torts) arising out of or relating to your relationship with us or the termination of that relationship.
12.2. Limitations On How This Arbitration Provision Applies.
(a) Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. This Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision.
(b) Where you allege claims of sexual assault or sexual harassment, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. We agree to honor your election of forum with respect to your individual sexual harassment or sexual assault claim but in so doing does not waive the enforceability of this Arbitration Provision as to any other provision (including but not limited to Section 12.4—Class Action Waiver, which will continue to apply in court and arbitration), controversy, claim or dispute.
(c) To the extent an Act of Congress or applicable federal law not preempted by the Federal Arbitration Act provides that a particular claim or dispute may not be subject to pre-dispute arbitration, such claim or dispute is excluded from the coverage of this Arbitration Provision. Likewise, if the Federal Arbitration Act does not apply to a claim or dispute, any claims or disputes that may not be subject to pre-dispute arbitration under applicable state arbitration law will be excluded from the coverage of this Arbitration Provision.
12.3. Governing Rules, Starting The Arbitration, And Selecting The Arbitrator.
(a) The JAMS Comprehensive Arbitration Rules & Procedures (“JAMS Rules”) will apply to arbitration under this Arbitration Provision; however, if there is a conflict between the JAMS Rules and this Arbitration Provision, this Arbitration Provision shall govern. The JAMS Rules are available by, for example, searching Google.com, to locate “JAMS Comprehensive Arbitration Rules” or by clicking here: https://www.jamsadr.com/rulescomprehensive-arbitration/.
(b) Prior to commencing arbitration with JAMS, the party bringing the claim in arbitration must first demand arbitration in writing within the applicable statute of limitations period. The demand for arbitration shall include identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought and the amount in controversy. Any demand for arbitration made to us shall be served upon HOMEBODS’ at HOMEBODS, Ltd., Attn: Legal Department, 1133 W. 9th Street, Ste. 100, Cleveland, Ohio 44113.
(c) Before the arbitration demand is submitted to JAMS, the party bringing the claim shall first attempt to informally negotiate with the other party, in good faith, a resolution of the dispute, claim or controversy between the parties for a period of not less than 30 days but no more than 45 days (“negotiation period”) unless extended by mutual agreement of the parties. During the negotiation period, any otherwise applicable statute of limitations shall be tolled. If the parties cannot reach an agreement to resolve the dispute, claim or controversy within the negotiation period, the party bringing the claim shall submit the arbitration demand to JAMS.
(d) To commence arbitration, the party bringing the claim must: (1) submit the arbitration demand to JAMS, and (2) pay its, his or her portion of any initial arbitration filing fee (see Section 12.6, below).
(e) During the negotiation period, the party bringing the claim shall also make a good faith effort to meet and confer with the other party regarding the selection of an Arbitrator. If the parties reach agreement on an Arbitrator not affiliated with JAMS or to use procedures either not specified in the JAMS Rules or in lieu of the JAMS Rules, any such agreement shall be memorialized in writing before arbitration is commenced.
(f) Delivering a written arbitration demand to the other party will not relieve the party bringing the claim of the obligation to commence arbitration as described above. It shall always be the obligation of the party bringing the claim to commence arbitration.
(g) If, for any reason, the parties cannot agree to an Arbitrator or JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral Arbitrator. The location of the arbitration shall be no more than 45 miles from and in the same state where you last used our Platform and Fitness App as a Fitness Pro, unless each party to the arbitration agrees in writing otherwise.
(h) All claims in arbitration are subject to the same statutes of limitation that would apply in court. The Arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
12.4. Class Action Waiver. This Arbitration Provision affects your ability to participate in class or collective actions. Both HOMEBODS and you agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or for you to participate as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, disputes in court or arbitration regarding the validity, enforceability, conscionability or breach of the Class Action Waiver, or whether the Class Action Waiver is void or voidable, may be resolved only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
12.5. Representative Action Waiver.
(a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided by law, both HOMEBODS and you agree to bring any dispute in arbitration on an individual basis only, and not on a representative basis— including but not limited to as a private attorney general representative under the California Labor Code—on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a representative action, or for you to participate as a member in any such representative proceeding (“Representative Action Waiver”).
Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, disputes in court or arbitration regarding the validity, enforceability, conscionability or breach of the Representative Action Waiver, or whether the Representative Action Waiver is void or voidable, may be resolved only by the court and not by an arbitrator. If any portion of this Representative Action Waiver is found to be unenforceable or unlawful for any reason (1) any representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a civil court of competent jurisdiction; (2) the portion of the Representative Action Waiver that is enforceable shall be enforced in arbitration; (3) the unenforceable or unlawful provision shall be severed from this Agreement; and (4) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the Arbitration Provision or the arbitrability of any remaining claims asserted by you or us.
(b) Disputes regarding the nature of your relationship with us (including, but not limited to, any claim that you are an employee of us), as well as any claim you bring on your own behalf as an aggrieved worker for recovery of underpaid wages or other individualized relief (as opposed to a representative claim for civil penalties) are arbitrable and must be brought in arbitration on an individual basis only as required by this Arbitration Provision. You agree that any representative claim that is permitted to proceed in a civil court of competent jurisdiction must be stayed pending the arbitration of your dispute regarding the nature of your relationship with us and any claim you bring on your own behalf for individualized relief.
12.6. Paying For The Arbitration.
(a) Except in the case of offers of judgment (such as under Federal Rule of Civil Procedure 68 or any applicable state equivalents), each party will pay the fees for its, his or her own attorneys and any costs that are not unique to arbitration, subject to any remedies to which that party may later be entitled under applicable law.
(b) Each party shall follow the JAMS Rules applicable to initial arbitration filing fees, except that your portion of any initial arbitration filing fee shall not exceed the amount you would be required to pay to initiate a lawsuit in federal court in the jurisdiction where the arbitration will be conducted. After (and only after) you have paid your portion of any initial arbitration filing fee, we will make up the difference, if any, between the fee you have paid and the amount required by the JAMS Rules.
(c) In all cases where required by law, we will pay the Arbitrator's fees, as well as all fees and costs unique to arbitration. Otherwise, such fee(s) will be apportioned between the parties in accordance with said applicable law, and any disputes in that regard will be resolved by the Arbitrator. You agree to not oppose any negotiations between JAMS and HOMEBODS relating only to our fees.
12.7. The Arbitration Hearing and Award. Within 30 days of the close of the arbitration hearing, any party will have the right to prepare, serve on the other party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator. The Arbitrator shall apply applicable controlling law and will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
12.8. Your Right To Opt Out Of This Arbitration Provision
(a) Agreeing to this Arbitration Provision is not a mandatory condition of your contractual relationship with us. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision (subject to the pending litigation provision in Section 12.2, and the limitations set forth in this Section 12.8). To do so, within 30 days of the date that this Agreement is electronically accepted by you, you must send an electronic email from the email address associated with your Fitness Pro account to prohelp@HOMEBODS.club, stating your intent to opt out of this Arbitration Provision, as well as your name, the phone number associated with your Fitness Pro account, and the city in which you reside.
(b) An email sent by your agent or representative (including your counsel) shall not be effective. Your email may opt out yourself only, and any email that purports to opt out anyone other than yourself shall be void as to any others. Should you not opt out of this Arbitration Provision within the 30-day period, you and HOMEBODS shall be bound by the terms of this Arbitration Provision. You will not be subject to retaliation if you exercise your right to opt out of this Arbitration Provision.
(c) If you opt out of this Arbitration Provision and at the time of your receipt of this Agreement you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of our Platform and Fitness App, that existing arbitration agreement will remain in full force and effect.
(d) Neither your acceptance of this Agreement nor your decision to opt out of this Arbitration Provision will affect any obligation you have to arbitrate disputes not specified in this Arbitration Provision pursuant to any other agreement you have with us or any of our subsidiaries or affiliate entities. Likewise, your acceptance of or decision to opt out of any other arbitration agreement you have with us or any of our subsidiaries or affiliate entities shall not affect any obligation you have to arbitrate claims pursuant to this Arbitration Provision.
12.9. Enforcement of This Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision and to be represented by counsel at any stage during the arbitration process. Except as provided in Sections 12.2 and 12.8 of this Arbitration Provision, this Arbitration Provision replaces prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. This Arbitration Provision will survive the termination of your relationship with us, and it will continue to apply if your relationship with us is ended but later renewed.
By Registering as a HOMEBODS Fitness Pro, you hereby agree to the Platform Access Agreement, Terms and Conditions, Privacy Notice, Community Guidelines, and Covid-19 Policy.
Privacy Notice.
I. Introduction.
HOMEBODS is committed to maintaining your trust with your personal data. This notice describes the personal data we collect, how it’s used and shared, and your choices regarding this data.
II. Overview
A. Scope.
This notice applies to users of HOMEBODS’s services anywhere in the world, including users of HOMEBODS’s apps, websites, features, or other services. This notice describes how HOMEBODS and its affiliates collect and use personal data. This notice applies to all users of our apps, websites, features, or other services anywhere in the world. This notice applies to:
Grinders: individuals who request or receive fitness and/or yoga training, including those who receive fitness and/or yoga training requested by another individual.
Fitness Pros: individuals who provide fitness and/or yoga training to Grinders individually or through companies.
Consumers of HOMEBODS Branded Materials: individuals who purchase HOMEBODS Branded goods including apparel and other consumer goods provided on our Platform.
All those subject to this notice are referred to as “users” in this notice. Our data practices are subject to applicable laws in the places in which we operate.
B. Data Control.
HOMEBODS is the data controller for the personal data collected in connection with use of HOMEBODS’s services. HOMEBODS operates, and processes data, via its Platform, including trusted Third Party vendors. We do not sell your data to any other entity, by may be required to provide your data to governmental entities or third parties, as may be required by law.
III. Data Collections and Uses.
The Data we Collect. Data provided by users to HOMEBODS, such as during account creationData created during use of our services, such as location, app usage, and device data. Data from other sources, such as HOMEBODS partners and third parties that use HOMEBODS APIs. The following data is collected by or on behalf of HOMEBODS:
A. Data Provided by Users.
1. User profile. We collect data when users create or update their HOMEBODS accounts. This may include their name, gender, email, phone number, login name and password, address, profile picture, payment or banking information (including related payment verification information), Fitness Pro’s license and other government identification documents (which may indicate document numbers as well as birth date, gender, and photo). This also includes insurance information of Fitness Pros, emergency contact information, user settings, and evidence of health or fitness to provide services using HOMEBODS apps.
2. We may use the photos submitted by users to verify their identities, such as through facial recognition technologies.
3. Background Check and Identity Verification. We collect background check and identity verification information for Fitness Pros. This may include information such as criminal record (where permitted by law), and right to work. This information may be collected by an authorized vendor on HOMEBODS’s behalf. We also collect identity verification from HOMEBODS users to verify our age requirement of eighteen (18) or older.
4. Demographic data: We may collect demographic data about users, including through user surveys. In some countries, we may also receive demographic data about users from third parties.
5. User content: We collect the information users submit when they contact HOMEBODS Grinder support, provide ratings or compliments for other users or restaurant partners, or otherwise contact HOMEBODS. This may include feedback, photographs or other recordings collected by users.
B. Data created during use of our services.
1. Location data For Fitness Pros and Grinders. HOMEBODS may collect this data when the HOMEBODS app is running in the foreground (app open and on-screen) or background (app open but not on-screen) of their mobile device.
2. Transaction information. We may collect transaction information related to the use of our services, including the type of services requested or provided, order details, date and time the service or goods were provided, amount charged, and payment method. Additionally, if someone uses your promotion code, we may associate your name with that person.
3. Usage data. We may collect data about how users interact with our services. This includes data such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services used before interacting with our services. In some cases, we collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers.
4. Device data. We may collect data about the devices used to access our services, including the hardware models, device IP address, operating systems and versions, software, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.
5. Communications data. We enable users to communicate with each other and HOMEBODS through HOMEBODS’s mobile apps and websites. For example, we enable Fitness Pros and Grinders, to call, text, or send other files to each other (generally without disclosing their telephone numbers to each other). To provide this service, HOMEBODS may receive some data regarding the calls, texts, or other communications, including the date and time of the communications and the content of the communications. HOMEBODS may also use this data for Grinder support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services, and for analytics.
6. Audio recordings: In certain jurisdictions, and where permitted by law, users can record the audio of their sessions. Recordings are stored on users’ devices, and are only shared with HOMEBODS if submitted to Grinder support by the users in connection with safety incidents.
C. Data from other Sources.
1. User feedback, such as ratings, feedback, or compliments.
2. Users participating in our referral programs. For example, when a user refers another person, we receive the referred person’s personal data from that user.
3. HOMEBODS account owners who request services for or on behalf of other users, or who enable such users to request or receive services through their accounts.
4. Users or others providing information in connection with claims or disputes.
5. HOMEBODS business partners through which users create or access their HOMEBODS account, such as payment providers, social media services, or apps or websites that use HOMEBODS’s APIs or whose APIs HOMEBODS uses.
6. Vendors who help us verify users’ identity, background information, and eligibility to work, for regulatory, safety, and security purposes.
7. Insurance and/or financial services providers for Fitness Pros and/or their companies.
8. Publicly available sources.
9. Marketing service providers.
10. HOMEBODS may combine the data collected from these sources with other data in its possession.
D. How we use Personal Data.
HOMEBODS collects and uses data to enable reliable and convenient use of our Platform and to provide, personalize, maintain, and improve our products and services. We also use the data we collect:
1. To enhance the safety and security of our users and services.
2. For Grinder support.
3. For research and development.
4. To enable communications between users.
5. To send marketing and non-marketing communications to users.
6. In connection with legal proceedings.
7. HOMEBODS does not sell or share user personal data with third parties for their direct marketing, except with users’ consent.
8. Verify Fitness Pros’ identity, background history, and eligibility to work.
9. Offer, process, or facilitate payments for our services.
10. Offer, obtain, provide, or facilitate insurance, invoicing, or financing solutions in connection with our services.
11. Enable features that allow users to share information with other people, such as when Grinders submit a compliment about a Fitness Pro, refer a friend to HOMEBODS, split fees, or share ETA and location with their contacts.
12. Enable features to personalize users’ HOMEBODS accounts, such as creating bookmarks for favorite Fitness Pros, and to enable quick access to prior bookings. We may, for example, present an HOMEBODS user with personalized Fitness Pro recommendations based on their prior orders.
13. Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.
14. Safety and security. We use personal data to help maintain the safety, security, and integrity of our services and users.
a. Screening Grinders, Fitness Pros, and before enabling their use of our services and at subsequent intervals, including through reviews of background checks, where permitted by law, to help prevent use of our services by unsafe Fitness Pros and/or Grinders.
b. Using device, location, profile, usage, and other data to prevent, detect, and combat fraud or unsafe activities.
c. Using user ratings and feedback to encourage compliance with our Community Guidelines and as grounds for deactivating Fitness Pros and with low ratings or who otherwise violated such guidelines in certain countries.
15. Grinder support. HOMEBODS uses the information we collect (including recordings of Grinder support calls with notice to and the consent of the user) to provide Grinder support, including to:
a. Direct questions to the appropriate Grinder support person.
b. Investigate and address user concerns.
c. Monitor and improve our Grinder support responses and processes.
16. Research and development. We may use the data we collect for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us to improve and enhance the safety and security of our services, improve our ability to prevent the use of our services for illegal or improper purposes, develop new features and products, and facilitate insurance and finance solutions in connection with our services.
17. Enabling communications between users. For example, a Fitness Pro may message or call a Grinder to confirm a pickup location, a Grinder may contact a Fitness Pro to report a lost item, etc.
18. Marketing. HOMEBODS may use the data we collect to market our services to our users. This includes sending users communications about HOMEBODS services, features, promotions, sweepstakes, studies, surveys, news, updates, and events. We may also send communications to our users about products and services offered by HOMEBODS partners. Although we may send users communications about HOMEBODS partners’ products and services, we do not sell users’ personal data to, or share it with, such partners or others for purposes of their own direct marketing or advertising, except with users’ consent.
a. We may use the data we collect to personalize the marketing communications (including advertisements) that we send, including based on user location, past use of HOMEBODS’s services, and user preferences and settings.
19. Non-marketing communications. HOMEBODS may use the data we collect to generate and provide users with receipts; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of HOMEBODS or its partners.
20. Legal proceedings and requirements. We may use the personal data we collect to investigate or address claims or disputes relating to use of HOMEBODS’s services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
21. Automated decision-making. We use personal data to make automated decisions relating to use of our services.
a. Matching available Fitness Pros and to users requesting services. Users can be matched based on availability, proximity, and other factors. Please see here for further information about our matching process.
b. Determining Fitness Pro and Grinder ratings, and potentially deactivating Fitness Pros, Grinders with low ratings.
c. Deactivating users who are identified as having engaged in fraud or activities that may otherwise harm HOMEBODS, its users, and others. In some cases, such as when a user is determined to be abusing HOMEBODS’s referral program, such behavior may result in automatic deactivation.
d. Reviewing user information, and communications between Grinders and Fitness Pros, to identify cancellation fees earned or induced through fraud. To object to such adjustment, please contact HOMEBODS Grinder support.
E. Cookies and Third Party Technologies.
HOMEBODS and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this notice. Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. HOMEBODS uses cookies and similar technologies for purposes such as:
1. Authenticating users
2. Remembering user preferences and settings
3. Determining the popularity of content
4. Delivering and measuring the effectiveness of advertising campaigns
5. Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services
We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify the devices used by visitors to our websites, as well as when they visit other online sites and services.
F. Data Sharing and Disclosure.
Some of HOMEBODS’s products, services, and features require that we share data with other users or at a user’s request. We may also share data with our affiliates, subsidiaries, and partners, for legal reasons or in connection with claims or disputes.
HOMEBODS may share the data we collect:
1. With other users, including:
a. Grinders’ first name, rating, and location with Fitness Pros.
b. For Fitness Pros, we may share data with the Grinder(s), including name and photo; vehicle make and model; location; average rating provided by users; total number of training sessions; length of use of the HOMEBODS app; contact information (depending upon applicable laws); and Fitness Pro profile, including compliments and other feedback submitted by past users.
c. We also provide Grinders with receipts containing information such as a breakdown of amounts charged, Fitness Pro first name, photo, and such other information required on invoices in the location where the Fitness Pro operates.
d. For those who participate in HOMEBODS’s referral program, we share certain personal data of referred users, such as training session count, with the user who referred them, to the extent relevant to determining the referral bonus.
2. At the user’s request. This includes sharing data with:
a. Other people at the user’s request. For example, we share a user’s ETA and location with a friend when requested by that user, or a user’s training session information when they split a fee with a friend.
b. HOMEBODS business partners. For example, if a user requests a service through a partnership or promotional offering made by a third party, HOMEBODS may share certain data with those third parties. This may include, for example, other HOMEBODS business partners and their users in connection with promotions, contests, or specialized services.
3. With the general public
a. Questions or comments from users submitted through public forums such as HOMEBODS blogs and HOMEBODS social media pages may be viewable by the public, including any personal data included in the questions or comments submitted by a user.
4. With the HOMEBODS Account Owner.
a. If a user requests training or orders apparel using an account owned by another party, we may share their order, with the owner of that account. This occurs, for example, when:
i. A Grinder uses their employer’s HOMEBODS profile, such as when they receive training sessions arranged through HOMEBODS.
ii. A Fitness Pro uses an account owned by or associated with a business profile.
iii. A Grinder receives a training session arranged by friends or family.
5. With HOMEBODS Subsidiaries and Affiliates.
a. We may share data with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf.
6. With HOMEBODS Service Providers and Business Partners. HOMEBODS provides data to vendors, consultants, marketing partners, research firms, and other service providers or business partners, including:
a. Payment processors and facilitators;
b. Background check and identity verification providers
c. Cloud storage providers
d. Google, in connection with the use of Google Maps in HOMEBODS’s apps (see Google’s privacy policy for information on their collection and use of data)
e. Marketing partners and marketing platform providers, including social media advertising services
f. Data analytics providers
g. Research partners, including those performing surveys or research projects in partnership with HOMEBODS or on HOMEBODS’s behalf
h. Vendors that assist HOMEBODS to enhance the safety and security of its apps
i. Consultants, lawyers, accountants, and other professional service providers
j. Insurance and financing partners
7. Legal Reasons or in the Event of a Dispute. HOMEBODS may share users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns.
a. This includes sharing personal data with law enforcement officials, public health officials, other government authorities, or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies; to protect HOMEBODS’s rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our services. If you use another person’s credit card, we may be required by law to share your personal data, including Training Session or order information, with the owner of that credit card.
b. This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
8. With Consent. HOMEBODS may share a user’s personal data other than as described in this notice if we notify the user and they consent to the sharing.
G. Data Retention and Deletion.
HOMEBODS retains user data for as long as necessary for the purposes described above. Users may request deletion of their accounts at any time. HOMEBODS may retain user data after a deletion request due to legal or regulatory requirements or for the reasons stated in this policy. HOMEBODS retains user data for as long as necessary for the purposes described above. This means that we retain different categories of data for different periods of time depending on the category of user to whom the data relates, the type of data, and the purposes for which we collected the data.
1. Users may request deletion of their account at any time through the Platform.
a. Following an account deletion request, HOMEBODS deletes the user’s account and data, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, and fraud prevention, or because of an issue relating to the user’s account such as an outstanding credit or an unresolved claim or dispute. Because we are subject to legal and regulatory requirements, this generally means that we retain account and data for a minimum of 7 years after a deletion request. For Grinders, their data is generally deleted within 90 days of a deletion request, except where retention is necessary for the above reasons.
H. Grounds for Processing
We only collect and use personal data where we have lawful grounds to do so. These include processing user personal data to provide requested services and features, for purposes of HOMEBODS’s legitimate interests or those of other parties, to fulfill our legal obligations, or based on consent. We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data:
1. To Provide Requested Services and Features. In order to provide our services, we must collect and use certain personal data. This includes:
a. User profile data, which we use to establish and maintain user accounts; verify user identity; communicate with users about their training sessions, orders, and accounts; and enable users to make payments or receive earnings.
b. Fitness Pro Personal Information used to verify an applicant’s eligibility to be a Fitness Pro.
c. Usage data, which is necessary to maintain, optimize, and enhance HOMEBODS’s services, including to determine incentives, connect Grinders and Fitness Pros, and calculate costs of Training Sessions and Fitness Pro earnings.
d. Transaction information.
e. Information relating to Grinder support.
2. For purposes of the legitimate interests of HOMEBODS or other parties.
This includes using personal data to maintain and enhance our users’ safety and security. For example, we use personal data to prevent use of our services by users who have engaged in inappropriate or dangerous behavior, such as by retaining data of banned users to prevent their use of HOMEBODS’s apps. We also use usage data to prevent matching of Grinders and Fitness Pros for whom there is higher risk of conflict (for instance, because they have been the subject of prior complaints from other users).
This also includes purposes such as combating fraud; improving our services, direct marketing, research, and development; and enforcing HOMEBODS’s Terms of Service.
In addition, it includes using personal data to the extent necessary for the interests of other people or the general public, such as in connection with legal or insurance claims, and to protect the rights and safety of others.
3. To fulfill HOMEBODS’s legal obligations
For example, HOMEBODS is subject to laws and regulations in locations it operates in and cities and states may require it to collect and retain data about our users, and to provide copies of such data to the government or other authorities. We may collect and use personal data to comply with such laws.
HOMEBODS may also share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes. HOMEBODS may also share information with public health authorities where required or permitted by law.
4. With Consent.
HOMEBODS may collect and use personal data based on the user’s consent. For example, we may collect personal data through voluntary surveys. Responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected. A user who has provided consent to a collection or use of their personal data can revoke it at any time. However, the user will not be able to use any service or feature that requires collection or use of that personal data.
IV. Choice and transparency
HOMEBODS enables users to access and control the data that HOMEBODS collects, including through: In-app settings; Device permissions; In-app ratings pages; and Marketing opt-outs.
HOMEBODS also enables users to request access to or copies of their data, changes or updates to their accounts, deletion of their accounts, or that HOMEBODS restrict its processing of user personal data.
A. Privacy Settings.
Settings menus in the HOMEBODS app for Grinders give them the ability to set or update their location-sharing preferences and their preferences for receiving mobile notifications from HOMEBODS. Information about these settings, how to set or change these settings, and the effect of turning off these settings is described below.
1. Location Data. HOMEBODS may use Grinder’s device location services to make it easier to facilitate in-person training sessions with Fitness Pros. Location data helps improve our services, including facilitating in-person training sessions, and Grinder support.
2. Emergency Data Sharing (Grinders). Grinders who have enabled HOMEBODS to collect location data from their mobile device may also enable the Emergency Data Sharing feature that shares data with emergency police, fire, and ambulance services. Such data includes approximate location at the time the emergency call was placed; the Grinder’s name and phone number; meeting location; and the Fitness Pro’s name.
3. Notifications: Account and Training Session Updates. HOMEBODS provides users with training session status notifications and updates related to activity on their account. These notifications are a necessary part of using the HOMEBODS app and cannot be disabled.
4. Notifications: Discounts and News. Users may enable HOMEBODS to send push notifications about discounts and news from HOMEBODS. Push notifications may be enabled or disabled through the Settings > Privacy menus in the HOMEBODS app.
B. Device Permissions. Most mobile device platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without the device owner’s permission, and these platforms have different methods for how that permission can be obtained. iOS devices notify users the first time the HOMEBODS app requests permission to access certain types of data and gives users the option to grant or refuse permission. Android devices notify users of the permissions that the HOMEBODS app seeks before their first use of the app, and use of the app constitutes a grant of such permission.
C. Ratings Look-Up. After every training session, Fitness Pros and Grinders are able to rate each other on a scale from 1 to 5. An average of those ratings is associated with a user’s account and is displayed to other users for whom they provide or receive services. For example, Grinder ratings are available to Fitness Pros from whom they request transportation, and Fitness Pro ratings are available to their Grinders.
This 2-way system holds everyone accountable for their behavior. Accountability helps create a respectful, safe environment for Fitness Pros and Grinders. Grinders can see their average rating in the main menu of the HOMEBODS app. Fitness Pros can see their average rating after tapping their profile photo in the HOMEBODS Fitness Pro app.
D. Marketing Opt-Outs. Users may opt out of receiving promotional emails from HOMEBODS. Users may also opt out of receiving emails and other messages from HOMEBODS by following the unsubscribe instructions in those messages. We may still send users who have opted out non-promotional communications, such as receipts for rides or information about their account.
E. User Data Requests. HOMEBODS provides users with a variety of ways to learn about, control, and submit questions and comments about HOMEBODS’s handling of their data. To make a request, please contact Grinder support at prohelp@homebods.club or grinderhelp@homebods.club where applicable.
1. Accessing data: Users can ask for an explanation of the data we collect from them and how we use it.
2. Receiving data: Users can ask for a copy of data that HOMEBODS collects from them with their consent or as necessary to provide our services.
3. Changing or updating data: Users can edit the name, phone number, email address, payment method, and photo associated with their account through the Settings menu in HOMEBODS’s apps or Fitness Pro portal. They may also ask that HOMEBODS change or update their data, including if they believe such data is inaccurate or incomplete.
4. Deleting data: Users may request deletion of their account at any time through the Settings > Privacy menus in the HOMEBODS app, or through HOMEBODS’s website.
5. Objections, restrictions, and complaints: Users may request that we stop using all or some of their personal data, or that we limit our use of their data. HOMEBODS may continue to process data after such objection or request to the extent required or permitted by law.
V. Updates to this Notice.
We may occasionally update this notice. Use of our services after an update constitutes consent to the updated notice to the extent permitted by law.
We may occasionally update this notice. If we make significant changes, we will notify users in advance of the changes through the HOMEBODS apps or through other means, such as email. We encourage users to periodically review this notice for the latest information on our privacy practices.
After such notice, use of our services by users in countries outside the European Union will be understood as consent to the updates to the extent permitted by law.
HOMEBODS Community Guidelines.
Our guidelines were developed to help make every experience feel safe, respectful, and positive. They apply to everyone who uses any of our apps, including Fitness Pros, Grinders, HOMEBODS apparel consumers and any user of our Platform wherever you may be physically located.
The guidelines below help explain some of the specific kinds of behavior or circumstances that may cause you to lose access to the HOMEBODS platform. There will always be unforeseen events that may ultimately lead to you losing access to the HOMEBODS apps—and we’ll update these guidelines regularly—but the following guidelines are sufficient cause for HOMEBODS to take action. Please take a moment to read them.
I. Guidelines for All
Everyone who signs up for an HOMEBODS account is required to follow HOMEBODS’ Community Guidelines. They reflect the following basic tenants of mutual respect, safety, and legal requirements.
A. Mutual Respect.
We are a diverse community and, chances are, you will encounter people who might not look like you or share your beliefs. The guidelines in this section help to foster positive interactions during every experience. Exercise good judgment and treat your fellow HOMEBODS app users as you would like to be treated yourself: with respect and courtesy.
B. Safety.
At all times, we must all work to keeping each other safe. Whether you are a Grinder, Fitness Pro, or in the HOMEBODS universe, we all must work hard and be cognizant of each other’s safety.
C. Follow the Law.
HOMEBODS is committed to following all applicable laws and ensuring that we provide a great user experience. We adhere to laws and regulations and expect everyone who uses our apps to do the same.
D. Feedback.
If something happens, whether it’s good or bad, we make it easy for you to tell us. Our team is continuously improving our standards, and your feedback is important to keep our standards relevant as our technology evolves.
E. Physical Contact
Don’t touch strangers or anyone you just met while using any of HOMEBODS’ apps. Hitting, hurting, or otherwise intending to hurt anyone is never allowed.
F. Sexual assault and misconduct
We all value our personal space and privacy. It’s OK to chat with other people. But please don’t comment on someone’s appearance or ask whether they are single. Sexual assault and sexual misconduct of any kind is prohibited. Sexual assault and misconduct refers to sexual contact or behavior without explicit consent of the other person.
G. Threatening and rude behavior
Aggressive, confrontational, and harassing behavior is not allowed. Don’t use language or make gestures that could be disrespectful, threatening, or inappropriate. It may be a good idea to stay away from personal topics that can potentially be divisive, like religion and political beliefs.
H. Unwanted contact
Contact should end when the training session is complete, unless it’s to return a lost item.
I. Discrimination
You should always feel safe and welcome. That’s why we don’t tolerate conduct we’ve determined to be discriminatory. Do not discriminate against someone based on traits such as their age, color, disability, gender identity, marital status, national origin, race, religion, sex, sexual orientation, or any other characteristic protected under relevant law.
It is unacceptable to refuse to provide services based on characteristics like a person’s age, color, disability, gender identity, marital status, national origin, race, religion, sex, sexual orientation, or any other characteristic protected under relevant law. It is also unacceptable to rate another user—whether they’re a Grinder or Fitness Pro—based on these traits.
We also want to help increase fitness options for Grinder’s with disabilities. Fitness Pros using the HOMEBODS apps must comply with all relevant laws governing the fitness of Grinders with disabilities, including transporting service animals.
J. Keeping Each Other Safe.
1. Account Sharing. Account sharing is not allowed. To use any HOMEBODS app, you need to register and maintain an active account. Don’t let another person use your account, and never share your personal username and password with anyone else.
2. People under the Age of 18. You must be 18 years or older to have an HOMEBODS account. This means that you must be at least 18 years old to book a training session unaccompanied. Adults can’t request a Training Session for someone under the age of 18 or allow children to book or engage in a training sessions alone—they must be accompanied by an adult.
K. Unregistered Fitness Trainees.
No one other than the requesting Grinder(s) are permitted in a Training Session. When using HOMEBODS, the account holder is responsible for the behavior of their entire party. If you request a Training Session for another adult, you’re held responsible for their behavior.
L. Use of Cameras or other Video or Audio Recording Devices.
Fitness Pros may choose to use video cameras, or other recording devices to record Training Sessions or otherwise for the purpose of fulfilling fitness services. Local law or regulations may require individuals using recording equipment in vehicles to fully disclose to Grinders that they are being recorded in or around a vehicle and obtain consent. Please check local regulations in your city to determine if these apply.
M. Public Emergencies.
HOMEBODS may take additional measures to try to preserve the safety of our platform during public emergencies, including but not limited to natural disasters, public health emergencies, and public crisis situations.
If HOMEBODS receives notice from a public health authority that someone using the HOMEBODS platform may present a potential for public harm, we may waitlist the individual’s account until it is reasonably safe to allow the individual to resume using the HOMEBODS platform. We may prevent individuals from using part or all of the HOMEBODS platform in order to comply with guidance from authorities during a time of public health emergency, natural disaster, or other public crisis situation, or when the continued availability of the HOMEBODS platform might present a clear and present danger.
N. Service animals
US state and federal laws require that Fitness Pros must provide Training Sessions to anyone with a service animal. Knowingly refusing a Grinder because of their service animal will result in losing access to the HOMEBODS apps.
O. Property damage
Damaging property is never allowed. If you damage property, you’re responsible for the cost of cleaning and repair fees, outside of normal wear and tear.
P. Drugs and alcohol
Drug use and open containers of alcohol are never allowed while using the HOMEBODS apps.
If you’re a Fitness Pro , you cannot provide fitness and/or yoga instruction while intoxicated. If you encounter a Grinder who is too drunk or rowdy, you have the right to decline the Training Session for your own safety.
If you are a Grinder and you have reason to believe your Fitness Pro may be under the influence of drugs or alcohol, ask the Fitness Pro to end the Training Session immediately and report him or her to law enforcement and/or report your experience to HOMEBODS.
Q. Firearms ban
Grinders as well as Fitness Pros, are prohibited from carrying firearms of any kind while using the HOMEBODS apps, to the extent permitted by applicable law.
R. Fraud
Deception can weaken trust and also be dangerous. Intentionally falsifying information or assuming someone else’s identity, for example when signing in or undergoing a security check, isn’t allowed. It is important to provide accurate information when reporting incidents, creating and accessing your accounts, disputing charges or fees, and requesting credits. Only request fees or refunds that you’re entitled to, and use offers and promotions only as intended. Don’t knowingly complete invalid transactions.
Fraudulent activity may also include, but not be limited to: accepting or making Training Session requests without the intention to complete, including provoking Grinders to cancel for fraudulent purposes; creating dummy accounts for fraudulent purposes; claiming fraudulent fees or charges, like false cleaning fees; intentionally requesting, accepting, or completing fraudulent or falsified Training Sessions; abusing promotions and/or not using them for their intended purpose; disputing charges for fraudulent or illegitimate reasons; or creating improper duplicate accounts.
S. Ratings
After every Training Session, Fitness Pros and Grinders are able to rate each other on a scale of 1 to 5 stars, as well as give feedback on how the Training Session went. This feedback system improves accountability and helps create a respectful, safe, and transparent environment for everyone. Fitness Pros can see their current rating in the Feedback section of the app. Grinders can see their rating displayed under their name by opening the app and touching the menu.
If you are a Fitness Pro or a Grinder, your rating is an average rating based on your last 500 rated Training Sessions, or from the total number of rated Training Sessions if you haven’t had 500 rated Training Sessions yet.
Fitness Pros and Grinders that don’t meet the minimum average rating for their city may lose access to the HOMEBODS apps.
If you’re looking to keep your average rating high, it’s helpful to be courteous and respectful to all people while using the HOMEBODS apps. Fitness Pros using the HOMEBODS app typically provide excellent service to Grinders and most Grinders are courteous and respectful, so most Training Sessions run smoothly. But we know that sometimes a Training Session doesn’t go well—that’s why your rating is an average rating.
If you believe an error caused you to lose access to your account, you may contact the HOMEBODS support team. If you lose access to your HOMEBODS account, you will not be able to access either the HOMEBODS app for Grinders or the HOMEBODS app.
II. Enforcing Guidelines.
Losing access to the HOMEBODS app may be disruptive to your life or to your business. That’s why we believe it is important to have clear standards that explain the circumstances in which you may lose access to the HOMEBODS apps. If you violate any applicable terms of use, terms of the contractual agreement you agreed to when signing up for an account with HOMEBODS, or any of these Community Guidelines, you can lose access to the HOMEBODS apps. And if you have more than one HOMEBODS account, such as a Grinder account and a Fitness Pro account, violating the Community Guidelines could also lead you to lose access to all HOMEBODS accounts.
HOMEBODS receives feedback through a variety of channels, reviews reports submitted to our Grinder support team that may violate our Community Guidelines, and may investigate each occurrence and/or report an occurrence to law enforcement when applicable. If we are made aware of potentially problematic behavior, we may contact you so we can look into it. We may, at our sole discretion, put a hold on your account or turn your account inactive until our review is complete.
Not following any of our guidelines may result in the loss of access to your HOMEBODS accounts. This may include certain actions you may take outside of the app, if we determine that those actions threaten the safety of the HOMEBODS community, or cause harm to HOMEBODS’ brand, reputation, or business. And if the issues raised are serious or a repeat report, or you refuse to cooperate, you may lose access to the HOMEBODS apps. Any behavior involving violence, sexual misconduct, harassment, discrimination, or illegal activity while using the HOMEBODS apps can result in the immediate loss of access to the HOMEBODS apps. Additionally, when law enforcement is involved, we will cooperate with their investigation.
Lastly, all Fitness Pros wanting to use the HOMEBODS apps undergo a screening process, including criminal background checks. A Fitness Pro will lose access to their HOMEBODS account(s) if a routine background check uncovers a violation of HOMEBODS’ Community Guidelines or other criteria required by local regulators.
III. HOMEBODS Non-Discrimination Policy.
HOMEBODS seeks to ignite opportunity by setting the world in motion and striving to provide safe, reliable, and high-quality service options to everyone. HOMEBODS and its affiliates therefore prohibit discrimination against users based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, any user refusing to provide or accept services based on any of these characteristics. Any user found to have violated this prohibition will lose access to the HOMEBODS platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible under this policy.
IV. Feedback.
We hope that every Training Session you booked on the HOMEBODS app goes without issue but we understand that sometimes things happen. If a Training Session you participate in does not meet your expectations, you can share your feedback by rating your Fitness Pro and/or Grinder in the app; and if you believe there was an error with your price or a more serious issue occurred on your Training Session, you can report it to our Support team. In some cases, your report may be entitled to a refund at HOMEBODS’ sole discretion, and on a case-by-case basis.
As a reminder, HOMEBODS is a marketplace that connects users to complete Training Sessions booked by a Grinder and accepted by a Fitness Pro within the app. As a Grinder, you own the decision to take a Training Session or not. As a Fitness Pro, you own the decision to accept a Training Session booking or not. HOMEBODS provides information to Grinders and Fitness Pros prior starting a Training Session, such as:
- Pricing and other estimates in app like an upfront price and;
- Grinder and Fitness Pro details like name, contact information, and photo id.
As a Grinder and/or Fitness Pro, it’s your responsibility to check the information provided is accurate and meets your expectations of quality. If you decide to participate in a Training Session, you are accepting these Terms of Service and Policies.
A. Resolving Your Request
You can submit a request for a refund or a general complaint about your Training Session to HOMEBODS’ support team at either prohelp@homebods.club, or grinderhelp@homebods.club or in the app within 30 days of encountering an issue. If we determine you are eligible, you should expect any refunds to be returned to your original payment method within 3-5 business days after we complete our investigation, depending on your bank.
B. False Reports
We investigate each report. Providing inaccurate information about your Training Session experience violates HOMEBODS’ Community Guidelines and may result in your request being denied and/or your account being deactivated.
COVID-19 and Public Health Authority Guidelines.
I. HOMEBODS follows CDC guidelines https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/personal-social-activities.html#gyms , and requires Fitness Pros and Grinders to follow the same while participating in a training session, including:
A. Considerations for Fitness Training During Covid-19 Pandemic.
There are multiple factors that increase the risk of COVID-19 spread in gyms, fitness centers, and studios (dance, karate, spin, etc.). There are ways to reduce this risk:
· Proximity: maintain at least 6 feet of separation (about 2 arm lengths) and avoid close contact with other people.
· Mask use: Fitness Pros and Grinders are required to wear a mask that covers their mouth and nose at all times.
· Exertion level: limit high-intensity activities to the outdoors.
· Frequently touched surfaces: wipe down frequently touched surfaces, such as machines and equipment, with disinfecting wipes before and after use.
· Clean hands: wash your hands with soap and water for 20 seconds or use hand sanitizer with at least 60% alcohol before and after using machines.
· Duration: if choosing to stay indoors, keep your workouts as brief as possible to avoid prolonged exposure.
B. Do not Participate in Any Training Session if Either Grinder or Fitness Pro is:
· Experiencing any Covid-19 symptoms, including but not limited to fever, nasal or chest congestion, loss of taste or smell, etc.
· You have tested positive for COVID-19.
· Any of the people in your household or close contacts have tested positive for COVID-19 or are showing symptoms of COVID-19.
· You have been recently tested for COVID-19 and are waiting on test results.
II. Public Health Authorities. As part of HOMEBODS’ commitment to safety, HOMEBODS is committed to working closely with public health authorities, including in response to outbreaks of infectious diseases such as the novel coronavirus (“COVID-19”). These guidelines explain how HOMEBODS responds to requests from public health authorities (“PHAs”) for user data (e.g., account/subscriber information), and the steps it may take after receiving such requests.
A. Public Health Disclosures
HOMEBODS may disclose user information to PHAs if HOMEBODS has a good-faith belief that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency. It is HOMEBODS’ position that outbreaks of infectious disease where public health officials have declared a public health emergency under applicable law qualify as emergencies. HOMEBODS may also voluntarily share data with public health authorities subject to a certification by a public health authority or official that the request is related to a public health emergency, even where no state of emergency has been officially declared.
In such situations, HOMEBODS may disclose data that it determines is necessary to address the public health issue. This may include contact information that may help public health officials identify and contact users regarding potential exposure to a communicable disease. This may also include information about particular Training Sessions during which contact with infected persons may have occurred, such as the duration of the Training Session. HOMEBODS will not share information that is not relevant to the specific needs of the requesting authority, such as historical Training Session data that predates the emergency of the public health issue.
To submit a request for user data relating to a public health issue, a PHA must:
· certify that they are authorized by law to obtain the requested records;
· certify that the request is, in fact, related to a public health emergency involving danger of death or serious physical injury that requires disclosure without delay of information relating to that emergency;
· provide a description of the factual basis underlying the certification that the request is, in fact, related to a public health emergency;
· if required by law, follow up with legal process.
B. Submitting Requests
By submitting a disclosure request to HOMEBODS, PHAs agree to use the information they receive from HOMEBODS only for the purpose for which it was disclosed. Further, PHAs also agree not to share this information with third parties, except in accordance with the purposes for which the information was disclosed.
C. HOMEBODS’ User Notice Policy
HOMEBODS will notify users of PHAs’ requests for their data, except where notice is prohibited by law, or where HOMEBODS determines in its sole discretion that such disclosure is not necessary or appropriate. Because of the particular sensitivities associated with outreach from PHAs, HOMEBODS will not notify users until after its disclosure of information to a PHA.
D. Placing User Accounts on Hold
HOMEBODS may take additional measures to ensure safety on its platform when it becomes aware of a public health emergency in accordance with its Community Guidelines. If HOMEBODS receives notice from a PHA that one of its users has been diagnosed with a confirmed case of an infectious disease related to a public health emergency, it will put a temporary hold on the user’s account. HOMEBODS may also place temporary holds on the accounts of users that came into close contact with a confirmed case of the infectious disease. HOMEBODS will also put a temporary hold on a user’s account pursuant to an order from a PHA.
A temporary hold will bar a user from using certain HOMEBODS services until HOMEBODS receives confirmation from a PHA or a licensed medical doctor that the user is not contagious. Where a hold is made pursuant to an order, HOMEBODS will wait for confirmation from the issuing authority that the user is not contagious before removing the hold.