Terms & Conditions

1.1 Interpretation

Words with capitalized initial letters have meanings defined below. These definitions apply regardless of whether the terms appear in singular or plural form.

1.2 Definitions

• "Account" means a unique account created by you to access the Service.
• "Affiliate" means an entity that controls, is controlled by, or is under common control with a party.
• "Application Software" means the web-based and/or mobile software application operated by the Company under the Werk / Werkflow brand.
• "Billing Cycle" means the recurring period (currently one month, unless otherwise stated at checkout) for which a Subscription Fee is charged in advance.
• "Company," "we," "us," or "our" refers to Get Werk, Inc., a Delaware corporation.
• "Comped Membership" means a Pro Plan membership granted by the Company at no charge, as described in Section 9.8.
• "Content" means text, images, video, audio, or other information uploaded, posted, transmitted, or otherwise made available by users through the Service.
• "Consumer" means a user who books or purchases a Listing through the Service.
• "Coupon" means a promotional or discount code created by a Host and applied to the Host's own Listings, as described in Section 8.5.
• "Device" means any device capable of accessing the Service.
• "Feedback" means suggestions, ideas, or feedback provided to the Company about the Service.
• "Free Plan" means the Company's free-of-charge Plan, providing baseline access to the Service.
• "Guest" means any individual whom a user brings to, or who accompanies a user at, the Werkspace.
• "Host" means a user (including instructors, studios, or event organizers) who creates, lists, and offers Listings through the Service.
• "Instant Book" means a booking method, enabled by a Host on a per-Listing basis, that allows a Consumer to book and pay for a Listing immediately without prior Host approval, as described in Section 8.1.
• "Listing" means a class, event, studio rental, program, or other service offered by a Host through the Service.
• "Media Release" means a photo, video, or other media release form that a Host may make available to participants in connection with a Listing, as described in Section 8.6.
• "Membership Application" means an application submitted by a user to be considered for the Pro Plan, as described in Section 9.2.
• "Payment Plan" means an installment or recurring payment arrangement configured by a Host for a Program or other Listing, as described in Section 8.2.
• "Plan" means a membership tier offered by the Company, including the Free Plan and Pro Plan, and any successor or additional tiers introduced by the Company.
• "Platform Fee" means the per-transaction fee charged by the Company on Listing transactions, as set forth in Section 9.9 and on the Service's pricing page.
• "Pro Plan" means the Company's paid, invite-only Plan designated as "Pro" on the pricing page.
• "Program" means a multi-session or ongoing offering created by a Host, which may be paid for in full or through a Payment Plan.
• "Service" means the Company's online marketplace platform, including the Application Software and Website, and any related tools, features, and services, including the Werkspace where expressly designated as part of the Service.
• "Subscription" means a recurring paid subscription to the Pro Plan.
• "Subscription Fee" means the recurring fee charged for a Subscription, as displayed at sign-up, at renewal, or on the Service's pricing page.
• "Terms" means these Terms of Service.
• "Waiver" means a liability waiver or release form, including a Host-provided waiver for a Listing (Section 8.6) or the Company's waiver for use of the Werkspace (Section 9.11).
• "Website" means https://www.werk.dance.
• "Werkspace" means the Company's physical workspace located in Los Angeles, California, made available for booking and use through the Service.
• "You" means the individual or legal entity accessing or using the Service.

2.1 Eligibility

To use the Service, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction) and capable of entering into a binding contract.
• Not be barred from using the Service under applicable law.

If you are using the Service on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity to these Terms and that "you" refers to that entity.

2.2 Territory

The Service is primarily intended for users located in the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

4.1 Binding Agreement

These Terms govern your use of the Service and form a binding agreement between you and the Company. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you do not agree to these Terms, you must not access or use the Service.

4.2 Marketplace Role

The Company is a technology platform only. The Company does not own, operate, control, employ, recommend, or endorse any Hosts or Listings. Hosts are independent third parties and are solely responsible for their Listings, including pricing, content, legality, safety, and delivery.

You acknowledge that the Company is not a party to any agreement between Hosts and Consumers and does not guarantee the existence, quality, safety, suitability, or legality of any Listing, the truth or accuracy of any Listing descriptions or reviews, or the performance or conduct of any user or third party.

4.3 Interactive Computer Service / Third-Party Content

To the extent permitted by applicable law, the Company operates as an "interactive computer service" and not the publisher or speaker of any Content or Listings provided by users or third parties. The Company may, but has no obligation to, monitor or review Content or Listings and may remove, suspend, or restrict access to any Content, Listing, or Account at any time in its sole discretion and without notice, including for violations of these Terms or applicable law.

6.1 Account Creation

You must provide accurate, current, and complete information when creating an Account and keep your Account information up to date. You may not create an Account using a false identity or information, or on behalf of someone other than yourself without proper authorization.

6.2 Verification and Checks

The Company does not routinely conduct background checks or safety screenings of users and makes no representations regarding the qualifications, identity, or background of any Host. The Company may, but is not obligated to, conduct identity verification, background checks, or other screenings on users (directly or through third-party providers) and may rely on information provided by such third-party providers, subject to applicable law. The absence of such checks does not imply any endorsement, certification, or guarantee by the Company.

6.3 Account Security

You are responsible for safeguarding your password and for all activity under your Account. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security.

6.4 Suspension and Termination

We may suspend or terminate your Account or access to the Service at any time, with or without notice, for any reason or no reason, including violation of these Terms or suspected fraudulent or harmful activity.

Upon termination of your Account:

• Your right to use the Service will immediately cease.
• Any active Subscription or Comped Membership will terminate as described in Section 9.
• We may cancel or refund pending bookings as we determine appropriate and may withhold or adjust payouts associated with those bookings.
• Certain provisions of these Terms will survive termination, including those relating to intellectual property, Content licenses, payments, disclaimers, limitation of liability, indemnification, and dispute resolution.

We may retain and use information from your Account as required or permitted by law, for legitimate business purposes, and as described in our Privacy Policy.

7.1 Your Content and License

You retain ownership of your Content.

By posting or otherwise making Content available through the Service, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, translate, create derivative works from, distribute, publicly display, and publicly perform such Content in connection with operating, improving, promoting, and providing the Service, including analytics, product development, and machine-learning or artificial-intelligence-based features.

To the extent your Content includes personal data, the Company will process such data in accordance with the Privacy Policy and applicable law. The Company may also use aggregated and de-identified data derived from your use of the Service for analytics, security, and to improve the Service.

7.2 Content Restrictions

You agree that you will not upload, post, transmit, or otherwise make available any Content that:

• Is unlawful, fraudulent, or promotes illegal activity.
• Infringes, misappropriates, or violates any third-party rights, including intellectual property, privacy, or publicity rights.
• Is hateful, harassing, abusive, defamatory, obscene, or discriminatory.
• Contains viruses, malware, or other harmful code.
• Provides medical, legal, or other regulated advice without appropriate qualifications and compliance.
• Misleads or is likely to mislead other users, including through false or misleading claims about Listings.

We may remove or restrict access to any Content at our discretion and without notice.

8.1 Marketplace Role and Booking Methods

The Company facilitates the discovery of Listings and the formation of agreements between Hosts and Consumers but is not a party to such agreements. Hosts, not the Company, are solely responsible for:

• The Listings they create and the services they provide.
• Ensuring that Listings and services comply with all applicable laws, regulations, permits, and safety requirements.
• The environment, equipment, supervision, and conduct associated with a Listing.

Depending on the Host's settings, a Listing may be booked by one of two methods:

• Request to Book. The Consumer submits a booking request, and the booking is not confirmed until the Host (or the Service on the Host's behalf) accepts it. Payment may be authorized at the time of request and captured on acceptance, as indicated at checkout.
• Instant Book. Where a Host has enabled Instant Book for a Listing and availability exists, the Consumer may book and pay immediately without prior Host approval. Upon completion of an Instant Book, payment is captured and the booking is confirmed and locked in, without a separate acceptance step.

For both methods, the resulting agreement is between the Host and the Consumer. The Company confirms and records the booking as a facilitator only and does not thereby become a party to it or guarantee the Host's performance. Cancellations and refunds for all bookings, including Instant Book bookings, are governed by Section 8.4.

8.2 Payments and Merchant of Record

Payments for Listings and Subscriptions are processed by Stripe, Inc. and/or other third-party payment processors selected by the Company. Your use of such payment services is subject to the applicable processor's terms and privacy policies, and by using the payment features, you agree to comply with those terms.

Unless expressly stated otherwise at checkout, on a receipt, or in other documentation, the Host is the merchant of record for transactions with Consumers, and the Company is not the merchant of record. Where the Company is designated as the merchant of record, that status will be explicitly indicated.

Listing transactions are subject to the Platform Fee set forth in Section 9.9. Payment processor fees, applicable taxes, and other deductions may also apply.

The Company may withhold, delay, or adjust payouts to Hosts:

• To prevent fraud or abuse.
• In connection with disputes, chargebacks, or refunds.
• To comply with legal or regulatory obligations or requests.

You authorize the Company to charge, withhold, and otherwise process amounts in your Account as reasonably necessary to carry out these purposes.

8.3 Payment Plans and Installments

Hosts may offer Payment Plans for Programs or other eligible Listings, allowing a Consumer to pay in installments or on a recurring schedule rather than in a single upfront payment. The terms of each Payment Plan — including the number of installments, the amount of each installment, the payment cadence (for example, weekly, biweekly, or monthly), and the total amount payable — are set entirely by the Host. The Company does not set, standardize, or endorse Payment Plan terms; it processes payments according to the schedule the Host configures.

If you purchase a Listing using a Payment Plan, you authorize the Company (and its payment processor) to automatically charge your designated payment method for each scheduled installment, in the amounts and on the dates established by the Host's Payment Plan, until the total amount is paid or the Payment Plan is cancelled in accordance with these Terms or the Host's policies. You are responsible for keeping your payment method current for the duration of the Payment Plan.

Payment Plans are agreements between the Host and the Consumer. The Host is responsible for defining what access, participation, or deliverables correspond to a Payment Plan and for the consequences of a missed or failed installment (for example, pausing access, cancelling remaining sessions, or treating the balance as due). If an installment cannot be charged, the Company (or its payment processor) may retry the charge and may, at the Host's direction or in accordance with the Host's policies, suspend or cancel the associated booking. The Company may withhold, delay, or adjust payouts in connection with Payment Plans as described in Section 8.2. Refunds for amounts already paid under a Payment Plan are governed by Section 8.4 and the applicable Host policy.

8.4 Taxes

Hosts are solely responsible for determining and fulfilling their obligations to collect, report, and remit any sales, use, value-added, occupancy, or other taxes applicable to Listings and payouts, except to the extent applicable law designates the Company as a marketplace facilitator or imposes tax collection or withholding obligations on the Company.

Where the Company is required by law to collect or remit taxes (including in a marketplace facilitator capacity), the Company may:

• Collect such taxes from Consumers at checkout.
• Remit such taxes to the appropriate authorities.
• Adjust Host payouts to reflect such collection and remittance.

8.5 Cancellations, Refunds, and Disputes

Cancellation and refund policies for Listing bookings (including Instant Book bookings and Payment Plans) are set by Hosts, subject to any default or minimum policies established by the Company and made available through the Service. If a Host does not specify a policy, the Company's then-current default policy will apply. Subscription-related refunds and Platform Fee refunds on cancelled bookings are governed by Section 9.7.

The Company may, in its sole discretion, issue refunds or credits to Consumers and adjust Host payouts (including negative balances) in connection with cancellations, no-shows, dissatisfaction, safety concerns, or policy violations. Hosts authorize the Company to make such adjustments via the payment method or payout mechanism used through the Service.

The Company may assist with dispute facilitation between Hosts and Consumers but does not guarantee any outcome and has no obligation to resolve disputes. Chargebacks are not guaranteed to be covered by the Company, and Hosts bear the risk of chargebacks unless otherwise agreed in writing.

8.6 Coupons and Promotional Codes

Hosts may create Coupons and promotional codes that apply discounts to their own Listings. Coupons are created, configured, and funded solely by the Host. Any discount applied through a Coupon is borne entirely by the Host and reduces the Host's payout accordingly; the Company does not fund, subsidize, or reimburse Coupon discounts, and Platform Fees may be calculated on the discounted transaction amount as described on the pricing page.

Unless otherwise stated by the Host or required by law, Coupons: have no cash value and are not redeemable for cash; may be subject to expiration dates, usage limits, eligibility conditions, and other restrictions set by the Host; may not be combined with other offers unless expressly permitted; and may be suspended, modified, or revoked by the Host or the Company at any time, including where a Coupon is suspected to have been obtained, distributed, or used fraudulently, in error, or in violation of these Terms or the Host's terms.

The Company is not responsible for Coupons created or honored by Hosts, for any Host's decision to offer or discontinue a Coupon, or for disputes between Hosts and Consumers regarding Coupons. The Company may void Coupons and reverse associated discounts in cases of suspected fraud, abuse, or error.

8.7 Waivers and Media Releases for Listings

The Company may make available general-form liability Waivers and Media Release forms that a Host can choose to use in connection with a Listing. These forms are provided as a convenience and as templates only. The Company is not a law firm, does not provide legal advice, and does not warrant that any such form is complete, current, enforceable, or suitable for a Host's particular Listing, jurisdiction, or circumstances.

Where a Host elects to use a Waiver or Media Release for a Listing, that Waiver or Media Release is an agreement solely between the Host and the participant. The Company is not a party to it, does not administer or enforce it, and assumes no responsibility or liability arising out of or relating to its use, non-use, content, execution, or enforceability. Hosts are solely responsible for determining whether to use a Waiver or Media Release, for adapting it to their needs, for obtaining any required signatures or consents, and for complying with all applicable laws (including those relating to releases, minors, and rights of publicity). Certain Waivers and Media Releases may be collected through third-party tools outside the Service.

Nothing in this Section 8.7 limits or replaces the separate Waiver required by the Company for use of the Werkspace under Section 9.11, which is an agreement between you and the Company.

9.1 Membership Tiers

The Company offers access to the Service through the following Plans:

• Free Plan — a free-of-charge Plan providing baseline access to the Service.
• Pro Plan — a paid, invite-only Plan available by Subscription or as a Comped Membership.

The specific features, capabilities, usage limits, and pricing for each Plan are described on the Service's pricing page and may be updated from time to time as described in Section 9.12. By using a Plan, you agree to the features, limits, and pricing applicable to that Plan as displayed at the time of subscription or activation.

9.2 Pro Plan Application and Approval

The Pro Plan is invite-only. To be considered for the Pro Plan, you must submit a Membership Application through the Service. Submission of a Membership Application:

• Does not constitute acceptance by the Company, an offer to provide the Pro Plan, or any entitlement to be approved.
• Does not result in any charge to you at the time of submission.

The Company reviews Membership Applications in its sole discretion and may approve, decline, or defer any Membership Application for any reason, or no reason, without explanation. The Company may also revoke an approval at any time prior to activation.

If your Membership Application is approved, the Company will provide you with a Stripe Checkout link (by email, in-Service notification, or both) to activate your Subscription. An approval does not expire, and you may activate your Subscription at any time after approval, subject to these Terms and any updated pricing or features then in effect. The Company may, however, withdraw an approval at any time prior to activation, including for material changes in your circumstances, violations of these Terms, or other reasons in the Company's sole discretion.

9.3 Subscription Fees and Billing Cycle

The Subscription Fee for the Pro Plan is $49.00 USD per month, unless a different amount is expressly displayed at sign-up, on the pricing page, or at renewal. Subscription Fees are billed on a recurring monthly Billing Cycle and are charged in advance at the start of each Billing Cycle.

Subscription Fees are exclusive of any applicable taxes, which the Company (or its payment processor) may collect in addition to the Subscription Fee where required by law. All amounts are stated in U.S. dollars unless otherwise indicated.

9.4 Auto-Renewal

By starting or maintaining a Subscription, you acknowledge and agree that the Subscription is a continuous service that will auto-renew, and you authorize the Company (and Stripe) to charge your designated payment method for each renewal without further action by you, until your Subscription is cancelled in accordance with Section 9.6.

9.5 Payment Method Authorization

When you activate a Subscription, you must provide a valid payment method through Stripe Checkout and authorize the Company (and Stripe) to charge that payment method on a recurring basis for the Subscription Fee, applicable taxes, and any other amounts associated with your Subscription. You are responsible for keeping your payment method information current.

If your payment method on file changes (for example, due to expiration, replacement, or issuer-provided updates), you authorize the Company and Stripe to continue charging the updated payment method, including through card-updater services provided by your card network or issuer.

If a charge fails, see Section 9.13.

9.6 Cancellation

You may cancel your Subscription at any time:

• Through your Account settings or the Stripe Customer Portal made available through the Service; or
• By contacting the Company at hello@werk.dance.

Cancellation will take effect at the end of the current Billing Cycle. You will retain access to the features and benefits of the Pro Plan through the end of the Billing Cycle in which you cancel. After that period ends, your Account will revert to the Free Plan, subject to Section 9.10 regarding feature limits and downgrades.

Except as required by applicable law or as expressly stated in Section 9.7, cancellation does not entitle you to a refund of Subscription Fees already paid.

9.7 Refunds

Subscription Fees are non-refundable, and the Company does not pro-rate or refund Subscription Fees for unused portions of a Billing Cycle, except as expressly provided in this section or as required by applicable law. Approval of a refund in one instance does not create an entitlement to refunds in future instances. Refunds are not available for dissatisfaction with the Service generally, change of mind, non-use of the Service during a Billing Cycle, or for charges incurred outside the request window described below.

Exceptions. The Company may, in its discretion, issue a refund of Subscription Fees in the following circumstances:

• Duplicate or erroneous charges — for example, charges made after a valid cancellation or duplicate charges for the same Billing Cycle.
• Unauthorized charges — where you demonstrate that the charge was not authorized by you or by a person authorized to act on your behalf.
• Material service failure — where the Service has been substantially unavailable to you during the Billing Cycle due to a failure attributable to the Company.
• Statutory rights — where applicable law grants a non-waivable right to a refund.
• Discretionary goodwill — in other limited circumstances where, in the Company's sole discretion, a refund or credit is appropriate.

Platform Fee refunds on cancelled bookings. If a Listing transaction is fully refunded to a Consumer, the corresponding Platform Fee is also refunded. If a Listing transaction is partially refunded, the Platform Fee is adjusted proportionally. Platform Fees are not refunded for completed Listings, no-shows, or other circumstances in which the Consumer is not entitled to a refund of the Listing price. Payment processor fees charged by Stripe or other third-party processors may be retained by those processors and are not refundable by the Company, except where the processor's own policies provide otherwise.

How to request a refund. Send a request to hello@werk.dance from the email address associated with your Account, and include your full name, the date and amount of the charge, the last four digits of the payment method (do not send the full card number), and a description of the reason for the request along with any supporting documentation. Refund requests must be submitted within sixty (60) days of the charge in question. The Company may decline to consider requests submitted outside this window, except where a longer period is required by applicable law.

Response time. The Company will aim to acknowledge refund requests within five (5) business days of receipt and to issue a decision within ten (10) business days, although more complex cases may take longer. If additional information is required to evaluate your request, the response time will run from the date that information is received.

Refund timeline and method. Approved refunds are typically initiated within five (5) to ten (10) business days of approval and are issued to the original payment method used for the charge, unless that method is unavailable (for example, the card has expired or been cancelled), in which case the Company will work with you to arrange an alternative method permitted by law and the payment processor's rules. Once a refund is initiated, the time for the funds to appear on your statement depends on your card issuer, bank, or payment provider, and is typically between three (3) and ten (10) business days. Where the Company issues a credit to your Account instead of a refund to your payment method, the credit will be applied to future amounts owed by you to the Company, will not accrue interest, and is not redeemable for cash except where required by law.

Chargebacks and disputed charges. If you believe a charge from the Company is incorrect, please contact the Company before initiating a chargeback with your card issuer or bank. If you initiate a chargeback, the Company may, to the extent permitted by law: provide the card issuer or processor with information about the transaction and your Account; pause or suspend your Account or Subscription while the chargeback is pending; if the chargeback is decided against you, charge or offset the disputed amount, plus any processor fees or recovery costs, against your payment method, Account balance, or payouts; and if the chargeback is decided in your favor, treat the disputed amount as refunded and adjust your Account accordingly. Repeated or unjustified chargebacks may result in suspension or termination of your Account.

Statutory rights. Nothing in these Terms limits any non-waivable statutory rights you may have under applicable law, including any mandatory withdrawal, cancellation, or refund rights. Where applicable law grants you greater refund rights than those described in this section, those rights apply.

9.8 Comped Memberships

The Company may, in its sole discretion, grant Pro Plan membership to selected users on a complimentary basis (each, a "Comped Membership"). Comped Memberships:

• Are not associated with a Stripe Subscription, and no Subscription Fee is charged.
• Provide access to the same Pro Plan features as a paid Subscription, except as otherwise stated at the time the Comped Membership is granted.
• May be subject to additional conditions, term limits, or restrictions communicated by the Company at or after the time of grant.
• May be modified, suspended, downgraded, or revoked by the Company at any time, with or without notice, and for any reason or no reason.

A Comped Membership does not create any entitlement to continued free access, any expectation of future Comped Memberships, or any obligation by the Company to offer paid Subscriptions on the same terms. Upon revocation or expiration of a Comped Membership, your Account will revert to the Free Plan unless you elect to start a paid Subscription, subject to Section 9.10.

9.9 Platform Fees

In addition to any Subscription Fees, Listing transactions facilitated through the Service are subject to a Platform Fee charged by the Company. The Platform Fee is determined by the Host's active Plan at the time of the transaction, as follows:

• Free Plan: 9.9% of the gross transaction amount, plus $0.30 per transaction.
• Pro Plan: 3.9% of the gross transaction amount, plus $0.30 per transaction.

The Platform Fee rate applicable to a transaction is determined by the Host's Plan status at the time the transaction is processed. If your Plan changes (for example, by upgrade, downgrade, cancellation, expiration, or revocation of a Comped Membership), the Platform Fee rate applicable to subsequent transactions will change accordingly.

Platform Fees are deducted from Host payouts before disbursement. Payment processor fees, applicable taxes, and other amounts described in these Terms may also apply and are in addition to Platform Fees.

The Platform Fee schedule is also published on the Service's pricing page, which controls in the event of any discrepancy with this section. The Company may revise Platform Fees from time to time as described in Section 9.12.

9.10 Feature Limits, Downgrade, and Data Retention

Each Plan is subject to feature limits and usage caps as described on the pricing page and within the Service (for example, limits on email subscribers, active class listings, and program creation). If you cancel a Subscription, are downgraded, or have a Comped Membership revoked, and your Account exceeds the limits applicable to the Free Plan, the Company will apply the following default treatment, unless otherwise stated within the Service:

• Grace period. For thirty (30) days after the effective date of the downgrade, you will retain read access to content and data that exceed the Free Plan limits.
• Restricted use after grace. After the grace period, you will not be able to add new content or perform new actions that would further exceed the Free Plan limits (for example, sending email campaigns to subscribers in excess of the cap, or creating additional active listings beyond the cap), until you bring your Account within those limits or upgrade.
• Data retention. Content and data created during your Subscription or Comped Membership will not be automatically deleted as a result of downgrade. The Company may, however, archive, hide, or restrict access to such content as reasonably necessary to enforce Plan limits and protect the integrity of the Service.

The Company may modify these defaults from time to time. The specific mechanics of feature limits and downgrade behavior are described on the pricing page and within the Service.

9.11 Werkspace

Access is a Pro Plan benefit. The ability to book and use the Werkspace is available only to Pro Plan members (including Comped Memberships, unless otherwise stated at the time the Comped Membership is granted). If you are on the Free Plan or do not have an active Pro Plan, you are not eligible to book the Werkspace. The Company may modify Werkspace eligibility, rates, and availability at any time.

Pro Plan benefits. Pro Plan members may receive certain Werkspace benefits, including discounted hourly rates, included monthly hours, private class hosting, and periodic in-person services such as headshots or dance video sessions. The specific benefits available at any given time are described on the pricing page or within the Service, and are subject to the following:

• Availability and scheduling. All Werkspace access and benefits are subject to availability, advance booking, scheduling rules, and any house rules or safety requirements posted at or applicable to the Werkspace. The Company may decline, cancel, or reschedule bookings to manage capacity, maintenance, safety, or operational needs.
• No rollover for monthly benefits. Monthly benefits (such as included hours or monthly private class slots) reset at the start of each Billing Cycle and do not roll over. Unused monthly benefits are forfeited at the end of the Billing Cycle.
• Annual benefits. Annual benefits (such as headshots or dance video sessions) are available once per twelve (12) month period beginning on the activation date of your Subscription or Comped Membership and resetting on each anniversary thereof. Unused annual benefits are forfeited at the end of each annual period.
• Non-transferable. Werkspace access and benefits are personal to the Pro Plan member and may not be transferred, assigned, gifted, sold, or shared with third parties without the Company's prior written consent.
• Cancellation and revocation. Upon cancellation, expiration, downgrade, or revocation of your Pro Plan, your Werkspace booking eligibility ends and any unused Werkspace benefits are forfeited and are not refundable or convertible to cash or credit.

Sign-in and mandatory Waiver. As a condition of entering or using the Werkspace, you must sign in as directed by the Company and sign the Company's then-current Werkspace Waiver. The Werkspace Waiver is an agreement between you and the Company. You may not use the Werkspace unless a valid, signed Werkspace Waiver is on file for you.

Guests. You are responsible for all Guests you bring to or permit at the Werkspace. Before a Guest enters or uses the Werkspace, that Guest (or, for a minor, the Guest's parent or legal guardian) must also sign in and sign the Company's Werkspace Waiver. You are responsible for ensuring your Guests comply with all applicable house rules, safety requirements, and these Terms, and you are responsible for their acts and omissions at the Werkspace as if they were your own. The Company may deny entry to, or remove, any person who has not signed in and signed the required Werkspace Waiver, or who violates applicable rules.

Use of physical space. Your and your Guests' use of the Werkspace is subject to the Company's house rules and all applicable laws and regulations. You and your Guests assume the risks associated with use of the physical space as described in Section 10. The Company may modify, add, or discontinue Werkspace access or benefits at any time on reasonable notice, as described in Section 9.12.

9.12 Changes to Plans, Fees, or Features

The Company may modify Plans, Subscription Fees, Platform Fees, features, usage limits, Werkspace access and benefits, or other aspects of the Plans from time to time. The Company will provide reasonable advance notice of material changes that adversely affect existing Subscribers (such as Subscription Fee increases applicable to your Subscription or material reductions in features), by email, in-Service notice, or other reasonable means.

For existing Subscribers, increases in the Subscription Fee will not apply to your current Billing Cycle and will take effect at the start of your next Billing Cycle that begins at least thirty (30) days after notice. Changes to Platform Fees will take effect on a prospective basis as of the effective date stated in the notice. If you do not agree to a change, your sole and exclusive remedy is to cancel your Subscription before the change takes effect in accordance with Section 9.6. Your continued use of the Service or continued payment of Subscription Fees after a change takes effect constitutes your acceptance of the change.

9.13 Failed Payments

If a Subscription Fee or other amount due cannot be charged to your payment method, Stripe will retry the charge in accordance with its standard retry schedule, and the Company will notify you of the failure. If a successful charge has not been made within fourteen (14) days of the original due date, the Company may suspend Pro Plan features, downgrade your Account to the Free Plan, or terminate your Subscription, in each case with or without further notice. You remain responsible for all amounts due, and the Company may continue to attempt collection through your designated payment method or by other means permitted by law.

Where the Company terminates your Subscription for non-payment, fraud, or violation of these Terms, you are not entitled to a refund of any Subscription Fees previously paid, except as required by applicable law or expressly provided in Section 9.7.

11.1 "AS IS" Disclaimer

The Service, Listings, and all Content are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement.

The Company does not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.

11.2 No Responsibility for Third Parties

To the maximum extent permitted by law, the Company disclaims all responsibility and liability for:

• Any acts or omissions of Hosts, Consumers, or other users.
• Any Listings, services, or Content provided by third parties.
• Third-party services, including payment processors and communications providers.

11.3 Limitation of Liability

To the maximum extent permitted by law, in no event will the Company or its Affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, or data, arising out of or in connection with your use of the Service, Listings, or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, the Company's total aggregate liability arising out of or relating to these Terms or your use of the Service shall not exceed the greater of (a) the amount you paid through the Service (including Subscription Fees and Platform Fees) in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages; in such jurisdictions, the limitations of this section shall apply to the fullest extent permitted by law.

15.1 Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including, without limitation, disputes relating to Subscriptions, Comped Memberships, Subscription Fees, Platform Fees, billing, refunds, Payment Plans, Coupons, Instant Book bookings, Waivers, Media Releases, the Werkspace, and Plan features — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its applicable rules (including, if applicable, the Consumer Arbitration Rules).

You and the Company agree that the Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate.

15.2 Arbitration Procedure

The arbitration will be conducted by a single arbitrator. The seat or location of arbitration will be in the State of Delaware, unless you and the Company agree otherwise, or unless the applicable AAA rules or law require a different location or remote proceedings. The language of the arbitration will be English.

The arbitrator has the authority to grant any relief that would otherwise be available in a court, including injunctive or declaratory relief, on an individual basis. The arbitrator's award shall be final and binding on you and the Company and may be entered as a judgment in any court of competent jurisdiction.

Each party will bear its own fees and costs of arbitration, except as otherwise required by the AAA rules or applicable law. If the arbitrator finds that your claims are not frivolous, the Company will pay any filing, administrative, or arbitrator fees that the AAA rules require the Company to pay.

15.3 Class Action and Jury Trial Waiver

If a court or arbitrator determines that the class action waiver in this section is unenforceable as to particular claims or requests for relief, then such claims or requests for relief shall proceed in court and not in arbitration, and the remainder of this section shall remain in effect.

15.4 Opt-Out

You may opt out of this agreement to arbitrate by sending a written notice to hello@werk.dance within thirty (30) days after you first accept these Terms. Your notice must include your name, mailing address, email address associated with your Account, and a clear statement that you opt out of arbitration. If you opt out, neither you nor the Company will be required to arbitrate disputes, but the remainder of these Terms will continue to apply.

15.5 Small Claims Court and Injunctive Relief

Nothing in this section prevents either party from bringing an individual action in small claims court where the claim is within that court's jurisdiction, or from seeking temporary or preliminary injunctive relief in court where necessary to protect that party's rights or property.

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional policies or terms referenced herein or provided within the Service, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous agreements relating to the Service.

18.2 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. The Company may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

18.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

18.4 No Waiver

The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18.5 Relationship of the Parties

Nothing in these Terms shall be construed to create any partnership, joint venture, employment, agency, or fiduciary relationship between you and the Company.