HOMEBODS TERMS & CONDITIONS, PRIVACY NOTICE, COMMUNITY GUIDELINES, COVID-19 GUIDELINES.
Terms of Use.
1. Contractual Relationship.
These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 3) made available in the United States and its territories and possessions by HOMEBODS, Ltd. ("HOMEBODS"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HOMEBODS. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any agreements you may have with HOMEBODS regarding providing fitness and/or yoga training services (e.g. the Platform Access Agreement and/or any similar agreements). To the extent (but only to the extent) any agreement you may have with HOMEBODS regarding providing fitness and/or yoga training services conflicts with these Terms, those agreements (and not these Terms) will prevail.
HOMEBODS may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH HOMEBODS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on HOMEBODS.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
HOMEBODS may amend the Terms from time to time. Amendments will be effective upon HOMEBODS’ posting of such updated Terms on its website and/or app or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If HOMEBODS changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing HOMEBODS written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by certified mail to HOMEBODS, LTD., Attn: Legal Department, 1133 W. 9th Street, Ste. 100, Cleveland, Ohio 44113 or (b) by email from the email address associated with your Account to:
grinderhelp@HOMEBODS.club. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
HOMEBODS’ collection and use of personal information in connection with the Services is described in HOMEBODS’ Privacy Statements located at https://www.HOMEBODS.club/privacy/notice.
2. Arbitration Agreement.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against HOMEBODS on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against HOMEBODS, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against HOMEBODS by someone else.
2.1 Agreement to Binding Arbitration Between You and HOMEBODS.
You and HOMEBODS agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and HOMEBODS, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. HOMEBODS agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.
You acknowledge and agree that you and HOMEBODS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and HOMEBODS otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and HOMEBODS each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
2.2 Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability,
enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
2.3 Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
2.4 Location and Procedure.
Unless you and HOMEBODS otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and HOMEBODS submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
2.5 Arbitrator's Decision.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. HOMEBODS will not seek, and hereby waives all rights HOMEBODS may have under applicable law to recover attorneys' fees and expenses if HOMEBODS prevails in arbitration.
2.6 Fees.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, HOMEBODS will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
2.7 Changes.
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if HOMEBODS changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing HOMEBODS written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. (a) by certified mail to HOMEBODS, LTD., Attn: Legal Department, 1133 W. 9th Street, Ste. 100, Cleveland, Ohio 44113 or (b) by email from the email address associated with your Account to: grinderhelp@HOMEBODS.club. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and HOMEBODS in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
2.8 Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services.
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule fitness and/or yoga services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with HOMEBODS or certain of HOMEBODS’ affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive fitness and/or yoga services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by HOMEBODS in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN FITNESS AND/OR YOGA SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH HOMEBODS AS A PROVIDER OF HEALTH, HEALTHCARE, PHYSICAL THERAPY, FITNESS AND/OR YOGA SERVICES OR AS A HEALTH, HEALTHCARE, PHYSICAL THERAPY, FITNESS OR YOGA PROVIDER.
3.1 License.
Subject to your compliance with these Terms, HOMEBODS grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by HOMEBODS and HOMEBODS’ licensors.
3.2 Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by HOMEBODS; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
3.3 Provision of the Services.
You acknowledge that portions of the Services may be made available under HOMEBODS' brands. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of HOMEBODS’ subsidiaries and affiliates; or (ii) independent Third Party Providers.
3.4 Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that HOMEBODS does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. HOMEBODS does not endorse such third party services and content and in no event shall HOMEBODS be responsible or liable for any products or services of such third party providers. Additionally, Apple Ltd., Google, Ltd., Microsoft Corporation or other mobile devices will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or other mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
3.5 Ownership.
The Services and all rights therein are and shall remain HOMEBODS’ property or the property of HOMEBODS’ licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner HOMEBODS’ company names, logos, product and service names, trademarks or services marks or those of HOMEBODS’ licensors.
4. Access and Use of the Services.
4.1 User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to HOMEBODS certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by HOMEBODS. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by HOMEBODS in writing, you may only possess one Account.
4.2 User Requirements and Conduct.
a. By using the Service, you represent and warrant that you have the requisite physical and mental fitness to participate in the fitness and/or yoga session you and the Third Party Provider agree to. You acknowledge that HOMEBODS shall not be responsible or liable for any injury sustained in the normal execution of the fitness and/or yoga session.
b. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive fitness services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. If you fail to comply with these Terms (including policies and supplemental terms), you may be denied access to or use of the Services and HOMEBODS may charge you a cancellation fee for a transaction that could not be completed because of your failure to comply with these Terms. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
4.3 Text Messaging and Telephone Calls.
You agree that HOMEBODS may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an HOMEBODS account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from HOMEBODS at any time by cancelling your account with HOMEBODS. If you do not choose to opt out, HOMEBODS may contact you as outlined in its User Privacy Statement, located at https://www.HOMEBODS.club/privacy/notice.
4.4 User Provided Content.
a. HOMEBODS may, in HOMEBODS’ sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to HOMEBODS through the Services textual, audio, and/or visual
content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to HOMEBODS, you grant HOMEBODS a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and HOMEBODS’ business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
b. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant HOMEBODS the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor HOMEBODS’ use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
c. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by HOMEBODS in its sole discretion, whether or not such material may be protected by law. HOMEBODS may, but shall not be obligated to, review, monitor, or remove User Content, at HOMEBODS’ sole discretion and at any time and for any reason, without notice to you.
4.5 Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. HOMEBODS does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Payment and Cancellations.
5.1 You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). HOMEBODS will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, and/or surcharges including a booking fee, surcharges or processing fees for split payments.
5.2 All Charges and payments will be enabled by HOMEBODS using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that HOMEBODS may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by HOMEBODS.
5.3 As between you and HOMEBODS, HOMEBODS reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in HOMEBODS’ sole discretion. HOMEBODS may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. HOMEBODS may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
5.4 In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and HOMEBODS will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. HOMEBODS will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to HOMEBODS or its affiliates, where HOMEBODS is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from HOMEBODS for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and HOMEBODS will respond accordingly to any request from you to modify the Charges for a particular service or good. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
5.5 Repair, Cleaning or Lost and Found Fees.
You shall be responsible for the cost of repair or cleaning for damage to, or necessary cleaning of, any damage in excess of normal wear and tear resulting from use of the Third Party Provider’s real or personal property, if any. In the event that a repair or cleaning request is verified by HOMEBODS in HOMEBODS’ reasonable discretion, HOMEBODS reserves the right to facilitate payment for the reasonable cost of such repair or cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by HOMEBODS to a Third Party Provider, if applicable, and are non-refundable.
5.6 Cancellations.
You understand that by scheduling an accepted Fitness Appointment, you are responsible for attending the appointment at the time and date scheduled. Failure to do so may result in cancellation fees charged to you to help cover administrative, banking, and Third Party Provider fees as detailed below:
a. Cancellations made prior to 48 Hours of the Date and Time of the accepted Fitness Appointment may trigger a fee equal to 2.5% of the Fitness Appointment fee, which is equal to fees HOMEBODS must pay to its banking and/or payment processing partners.
b. Cancellations made within 48 and 24 hours of the Date and Time of the Accepted Fitness Appointment will trigger a ($10.00) fee.
c. Cancellations made after 24 hours of the Date and Time of the accepted Fitness Appointment will trigger a fee equal to the full payment amount for the Fitness Appointment.
6. Disclaimers; Limitation of Liability; Indemnity.
6.1 DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." HOMEBODS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HOMEBODS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HOMEBODS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
6.2 LIMITATION OF LIABILITY.
HOMEBODS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF HOMEBODS, EVEN IF HOMEBODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOMEBODS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF HOMEBODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOMEBODS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HOMEBODS’ REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING FITNESS SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER TRAINING SESSIONSHARING OR PEER-TO-PEER FITNESS SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE FITNESS SERVICES, PURCHASE GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT HOMEBODS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY FITNESS, GOODS OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HOMEBODS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON HOMEBODS’ CHOICE OF LAW PROVISION SET FORTH BELOW.
6.3 Indemnity.
You agree to indemnify and hold HOMEBODS and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) HOMEBODS’ use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
7. Other Provisions.
7.1 Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Ohio, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Ohioans to assert claims under Ohio law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Ohio law to you if you do not otherwise reside in Ohio. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
7.2 Claims of Copyright Infringement.
Claims of copyright infringement should be sent to HOMEBODS, Ltd., Attn: Legal Dept., 1133 W. 9th Street, Ste. 100, Cleveland, Ohio 44113.
7.3 Notice.
HOMEBODS may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to HOMEBODS, with such notice deemed given when received by HOMEBODS, at any time by certified mail to HOMEBODS, Ltd., Attn: Legal Dept., 1133 W. 9th Street, Ste. 100, Cleveland, Ohio 44113.
7.4 General.
You may not assign these Terms without HOMEBODS’ prior written approval. HOMEBODS may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of HOMEBODS’ equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, HOMEBODS or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. HOMEBODS’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HOMEBODS in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
By Registering as a HOMEBODS Grinder, you agree to the 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. 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.
• 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.
• 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.
By Registering as a HOMEBODS Grinder, you agree to the Terms and Conditions, Privacy Notice, Community Guidelines, and Covid-19 Policy.