Terms & Conditions
Terms of Service
These Terms of Service (“Agreement”) govern your (“You” or “Customer”) use of the mobile software application “Housework®” (“App”), and its associated websites, including www.houseworkapp.com and www.sydneyamiller.com (“Websites”), all of which are owned, governed, and/or controlled by or on behalf of Sydney Miller (collectively “Housework,” “Us,” or “We”).
THIS AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND HOUSEWORK, AND SETS YOUR RIGHTS AND OBLIGATIONS WHEN USING THE APP AND/OR WEBSITES. BY INSTALLING THE APP, ACCESSING THE WEBSITES, OR OTHERWISE USING THE SERVICES PROVIDED BY HOUSEWORK, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE APP, THE WEBSITES, OR THE HOUSEWORK SERVICES. IF YOU DETERMINE YOU NO LONGER AGREE TO THESE TERMS AFTER DOWNLOADING THE APP, WE KINDLY REQUEST YOU DELETE THE APP FROM ALL OF YOUR PERSONAL DEVICES.
2. Our Products and Services 2
a) Subscriptions and Packages 2
a) Your Access to Our Services 3
7. User Representations and Warranties 6
12. Digital Millennium Copyright Act 8
14. Waiver of Right to Jury Trial 9
Who We Are
Here at Housework, we provide full-body sculpting and conditioning workouts set to the beat of electronic and house music. By combining rhythm -based body sculpting exercises based in Pilates with energizing cardio circuits designed to improve your flexibility, core strength, and balance, the Housework products and services aim to provide you with the motivation, energy, and camaraderie to take you to the next level. Our goal is to ensure you leave each class feeling stronger, more toned, and, most importantly, drenched in sweat!
Created by Sydney Miller under the vision to motivate her clients to strengthen their body in new ways, the Housework products and services are all about music, energy, and the supportive squad pushing each other from start to finish. Welcome to the SydSquad!
Our Products and Services
To achieve our goals of providing you with engaging workouts, Housework will provide you with a variety of different products and services. For instance, Housework offers a variety of live and prerecorded workout classes, incorporating the rhythm-based body sculpting exercises for which we are known. Specifically, Housework offers the following products and services:
Live online workout classes accessible by Zoom and provided for on the Websites;
Prerecorded workout classes accessible on our App; and
Merchandise available for purchase on our Websites (collectively “Services”).
Subscriptions and Packages
In providing our Services, you may be offered certain subscriptions and/or packages, which you may use to access such Services. For instance, the prerecorded workout classes offered on our App may require, or otherwise allow, you to purchase a subscription, which will allow you to engage in a certain amount of our Services during the lifetime of such subscription. Likewise, we instead offer a package deal for our live online workout classes. For more information on the terms of such subscriptions and/or packages, please refer to the terms disposed on our App and Websites.
By purchasing a package and/or subscription, you acknowledge and agree certain charges may apply. In the case of a subscription, such as to our prerecorded workout classes, you hereby acknowledge and agree that, once your subscription expires, your subscription will automatically renew for an additional term, whether monthly, quarterly, annually, or otherwise, unless and until you cancel your subscription. As such, you authorize Housework to charge the payment method you provide to us for any renewal subscription, or upon the purchase of a given package. We will process your payment for any renewal subscription using the same billing cycle as your current subscription.
You may cancel your subscription to our Services at least twenty-four (24) hours prior to the next date of subscription renewal. Cancellation of your subscription may be effectuated by the functionality provided through our App.
Your Use of Our Services
Your Access to Our Services
Depending on the type of Content you wish to utilize, you may access our Services in a different manner. Specifically, users wishing to access the prerecorded workout classes on our App may be allowed to stream videos, or even download videos that may be watched on the App at a later point in time. Such downloaded videos may only be accessed on the App. Accordingly, you hereby agree not to attempt to remove such downloaded videos from the App for any reason.
Use of our live online workout classes on our Websites may differ slightly. Specifically, you may be able to purchase such Content after the recording thereof, as a replay of such Content. However, such Content may only be downloaded and rented for a period of forty-eight (48) hours after the recording thereof. After such time period lapses, such Content will be unavailable for viewing, even if you have not yet viewed such Content after the purchase thereof. Like the Content disposed on our App, such live online workout classes may not be downloaded outside of the Website. Any such downloading or attempted reproduction of such Content is strictly forbidden.
Prohibited Conduct
In using our Services, you may be afforded the opportunity to interact with our employees, as well as other users. As such, we ask you to comply with certain restrictions on how you use our Services. Specifically, by using our Services, you agree not to (or otherwise attempt to):
make unauthorized copies or derivative works of, or otherwise distribute in any manner, any content made available on or through our Services, including, but not limited to, our live online workout classes, prerecorded workout classes, or our merchandise;
use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Housework, provided on our Websites and/or App, or otherwise obtained from our Services;
use any device, software, or routine to interfere or attempt to interfere with the proper working of our Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Services;
frame or link to any of the materials or information available on the Services;
circumvent any security measures, content rights management systems, or other measures taken to protect the security of our data, our user’s data, or the identity of our employees or users;
provide any false personal information to Housework;
create a false identity or impersonate another person in any way;
create a new account with Housework in the event Housework previously disabled an account of yours, without the prior express written consent of Housework;
solicit, or attempt to solicit, personal information from other users of our Services;
restrict, discourage, or inhibit any person from using our Services, disclose personal information about a third-party on the Services, or disclose personal information about a third-party obtained from our Services without the consent of that person, or otherwise collect information about other users of our Services;
gain unauthorized access to our Services, to other user’s accounts, names, or personally identifiable information, or to other computers, devices, or websites connected to our Services;
make any comments or provide any of your own content which could be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Engaging in any of the aforementioned conduct, or otherwise attempting to engage therein, shall constitute grounds upon which Housework may permanently disable your account without notice, at Housework’s sole discretion.
Waiver and Release
Due to the nature of our Services, there are inherently risks that you may become injured. As much as we at Housework wish such injuries do not occur, it is impossible for us to mitigate or otherwise eliminate all of these risks. Accordingly, by accessing and using our Services, you hereby acknowledge and agree we are not responsible for any injuries you sustain, and that your use of our Services comes at your own risk. Please be safe and go at your own pace!
Specifically, by accessing and using our Services, you hereby acknowledge and agree, on behalf of yourself, your heirs, and your personal representatives and/or assigns, that there are certain inherent risks and dangers associated with our Services. By using our Services, you hereby acknowledge and agree you are knowingly and voluntarily assuming any and all such risks our Services may create, initiate, induce, or otherwise encourage. You acknowledge and agree all such risks cannot be eliminated regardless of the amount of care and effort We take to ensure you remain injury-free.
Further, you also acknowledge and agree the particular risks to your bodily health may vary based on the exercises and activities involved, as well as your own personal health and characteristics. Such risks may include, for instance: (1) minor injuries, such as scratches, bruises, and sprains; (2) major injuries, such as eye injury, loss of sight, joint or back injuries, heart attacks, and concussions; and (3) severe injuries, such as paralysis and death.
In consideration of our provision of access to our Services, you hereby agree: (1) to assume full responsibility for any and all injuries or damages sustained or aggravated by you when using our Services; and (2) to release, indemnify, and hold harmless Housework, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns, as well as all others associated with Housework (collectively the “Releasees”), from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of, or in any way related to, participation in our Services.
Additionally, you hereby represent and warrant that you have: (1) no medical or physical condition that would prevent you from utilizing our Services; (2) no physical or mental condition that would place you in any physical or medical danger; and (3) not been instructed to refrain from physical exercise by a physician. Further, you acknowledge that participating in our Services may place you at greater risk of injury if you have any chronic disabilities or conditions.
Further, you understand and expressly acknowledge and agree your participation in our Services is strictly voluntary. You may cease using our Services at any time and for any reason. As such, you expressly agree you assume full responsibility for any risks of loss, property damage, or personal injury, including death, that you or your property may sustain as a result of using our Services.
Limitation of Liability
You hereby release, waive, discharge, and covenant not to sue Housework, its officers, agent, members, managers, and employees from any and all claims, liabilities, demands, and causes of action of any kind or nature arising out of or related to any loss, damage, or injury, including death, that you or any of your property may sustain from your participation in our Services, whether such loss is caused by the negligence of Housework or otherwise. You expressly agree in no event shall Housework be liable for any direct, indirect, special, consequential, exemplary, punitive, speculative, or any damages resulting from your use of our Services.
Intellectual Property
Housework Content
In the course of providing our Services, Housework has developed certain content that constitutes its protected intellectual property, whether consisting of trademarks, trade dress, copyright, patents, trade secret, or otherwise, including the live and prerecorded workout classes incorporating the rhythm-based body sculpting exercises for which we are known (“Housework Content”). For instance, the trademarks and trade dress of “HOUSEWORK & Design,” and the Services we offer, including, without limitation, the merchandise and videos we offer through our Websites and App constitute protected intellectual property, which may not be used by you for any reason other than those reasons expressly permitted by these Terms of Service. All Housework Content, including our Website and App, and any other content disposed thereon, whether consisting of designs, text, graphics, and interfaces, videos, the collection, selection, and arrangement thereof, and all software are the property of Housework.
Further included in our Housework Content are the live online workout classes and the prerecorded workout classes. Such Housework Content constitutes works protectable under the Copyright Laws of the United States, international conventions, and other copyright laws, and are solely owned by Housework. You may not copy, record, reproduce, upload, publish, broadcast, transmit, create derivative works from, publicly perform, publicly display, distribute, use for a commercial purpose, or otherwise exploit such Housework Content in any manner. The unauthorized use of such Housework Content, including the copying and/or storage of such Housework Content outside of the terms of this Agreement and/or the provisions of the App and/or Website is expressly prohibited.
Any other use of the Housework Content not expressly recited herein as allowable is strictly prohibited, including the copying, modification, reproduction, or distribution of such Housework Content.
Your Content
In accordance with our provision of the Services, you may be allowed to submit information and/or other content to our App and/or Website, including, without limitation, posts of pictures and/or comments during the live online workout classes or on our App and/or Website (“Your Content”). Your Content is your sole responsibility, and you are solely responsible for anything you post, link to, email, transmit, or otherwise make available to us or the other users of our Services. Under no circumstances will we be liable in any way for any of Your Content, including, without limitation, any infringement of Your Content of any intellectual property rights of others, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Housework Services and/or Housework Content.
Further, in participating in our Services, Your Content may further comprise instances where you may be photographed, videoed, or otherwise recorded by Housework and its affiliates, which may be used in certain advertisements, marketing, and/or in the provision of the Housework Services and/or Content, all of which also constitutes Your Content. Additionally, in participating in our Services, Your Content may be displayed on our Website and/or App as part of testimonials. You hereby consent to such usage of your imagery for any and all such purposes by Housework and its affiliates, without any payment therefor.
We do not claim ownership of Your Content. However, you hereby agree to grant Housework and its affiliates a worldwide, perpetual, irreovacble, non-exclusive, sub-licensable, royalty-free license to use, copy, transmit, distribute, publicly perform, and display, through all media now known or developed hereafter, and make derivative works from Your Content, and to incorporate Your Content in any other works in any form, media, or technology now known or later developed.
User Representations and Warranties
You represent, warrant and covenant that you will not upload, transmit, distribute or otherwise publish through the Services any materials which: (a) restrict or inhibit any other user from using and enjoying the Services; (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) contain a virus or other harmful or potentially harmful component; (f) contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) constitute or contain false or misleading indications of origin or statements of fact.
We do not represent or warrant that every action you take with regard to your account, nor any activities related to our Services and/or the Final Materials, will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Services.
Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SERVICES OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SERVICES. FURTHER WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SERVICES, OR THROUGH OUR WEBSITES AND/OR APP, IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THE SERVICES AND ANY MATERIALS, DATA, OR INFORMATION CONTAINED ON THE SERVICES, OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, SHALL CREATE A WARRANTY.
Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED BY THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES”, “WORMS”, “BUGS”, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ALL-EDIT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, EDITING CONTENT, EDITED MATERIALS, FINAL PRODUCTS, AND SERVICES PROVIDED BY US. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ALL-EDIT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE LESSER OF THE FEES YOU PAID FOR OUR SERVICES OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnity
You hereby agree to indemnify, hold harmless, and defend us and all related parties from and against any and all claims, lawsuits, or other proceedings, and reimburse all expenses, costs, reasonable attorney’s fees, judgments, damages, and other liabilities resulting from the same claims, lawsuits, or other proceedings which arise or result from these Terms of Service. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against us and in no event shall you settle any such claim without our prior written approval.
Term and Termination
These Terms of Service commence upon your first use of our Services, and shall continue until the termination of these Terms of Service by either you or Hoursework. You may terminate these Terms of Service by simply ceasing to use our Services, including accessing our Website and/or deleting our App from your mobile device.
Housework reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to our Services at any time and without any prior notice or liability should you breach any of these terms recited herein.
Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any Content used in our Services, you may contact our Designated Agent at the following address:
Malloy & Malloy, P.L.
2800 S.W. 3rd Ave.
Historic Coral Way
Miami, FL 33129
Any notice alleging our Content and/or Services infringe upon the intellectual property rights of another must including the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property being infringed upon;
a description of the intellectual property claimed to be infringed upon;
a description of the material asserted to be infringing upon such intellectual property, and the identification of its location within our Services and/or Content;
your contact information, including your address, telephone number, and email address;
a statement that you have a good faith belief that the use of the materials on our Services or in our Content of which you are complaining is not authorized by the owner of such intellectual property; and
a statement that the information you are providing is accurate and that, under penalty of perjury, you are the owner of such intellectual property or are authorized to act on such owner’s behalf.
Choice of Law and Forum
These Terms of Service, and our associated Privacy Policy, shall be governed by the laws of the State of Florida, without regard to the conflict of laws principles thereof. Any dispute arising from our conduct or offering of these Terms of Service, or the associated Privacy Policy, will be resolved in the United States District Court for the Southern District of Florida.
Waiver of Right to Jury Trial
EACH PARTY WAIVES ALL RIGHTS TO ANY TRIAL BY JURY IN ALL LITIGATION RELATING TO OR ARISING OUT OF THESE TERMS OF SERVICE.
Modifications
We reserve the right to make changes to these Terms of Service at any time, provided we give you reasonable notice of such revisions. By continuing to use our Services after such notification, you agree to be bound by any such revisions.
These Terms of Service were last updated on June 7, 2021.
Severability
If any provision of these Terms of Service is held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms of Service.
Contact Us
If you would like to contact us in connection with your use of our Services, or any of the terms recited in these Terms of Service, you may reach us at:
{insert contact information}.
Entire Understanding
These Terms of Service, and any other terms, documents, and/or agreements expressly incorporated herein, represent the entire understanding between you and Housework regarding the subject matter expressed herein. To the extent there are any conflicts between these Terms of Service or any other agreement and/or understanding between you and Housework, it is expressly agreed these Terms of Service shall be controlling, unless explicitly and unequivocally stated, in writing, in an alternative agreement.