FITCARMA TERMS OF SERVICE
Effective Date: March 2025
This Terms of Service (the “Agreement”) is between You, the user and client, and We Are Morpheus, LLC doing business as Fitcarma (“Fitcarma”).
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1. DESCRIPTION OF SERVICES: The Fitcarma brand provides strategy and consulting for health and wellness brands through: free and paid online resources, individualized consulting work, an online membership program (“Membership”), which includes members-only digital platforms and content, a website and related third-party sites (the “Sites”), podcast, social media platforms, mobile applications, and other distribution platforms (collectively, the “Services”) operated by Fitcarma.
These Terms are applicable to all users of Fitcarma through its “Website” https://www.fitcarma.com/ and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Sites”). These Terms govern your use of and interaction with: the Services, Sites (including all functionalities, features, streaming services, audio, visual, written media, downloaded content from the Sites), web links and user interfaces, and all content and software associated with the Services as provided by Fitcarma.
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The Services include, but are not limited to: (a) virtual individual and group consulting (live and on-demand as determined by the offering) that can be purchased and accessed via the Site and your paid portal; (b) the “Membership,” a group coaching container, enrollment into which can be purchased on the Site and access is provided via various third-party platforms; (c) for-purchase masterclasses available on-demand via instant download; (d) other programs and offerings as determined by Fitcarma, made available through the Sites.
2. ACCEPTANCE OF TERMS: The Services are made available for a limited, personal, non-exclusive, non-commercial use only. The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services constitutes your agreement to all such terms, conditions, and notices.
FitCarma has the right to modify, add, or remove any terms or conditions without notice or liability to you. You may see the most recent changes and version of this Agreement as noted by the date at the top. You agree any subsequent use by You of the Sites and Services following the changes shall constitute your acceptance of such change
3. USE OF THE PRODUCTS AND SERVICES: Fitcarma Services can be accessed via your user account (“Account”). You are being offered access to the Services as a single-license end-user with the express intent of utilizing each for your own personal and individual use; in no event may You utilize your access for any commercial or sharing purpose.
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3.1 ACCOUNT: Upon your first purchase of the Sites and Services, You will be prompted to create an Account with Fitcarma which will be password protected via a unique password which You create. Once created, your Account will provide You direct schedule and access the Services and allow You to store and update billing and contact information.
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3.2 REGISTRATION INFORMATION: The Sites are not directed at children under 18 years of age. By providing information about yourself to Fitcarma You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current, and complete.
If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fitcarma reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
Notwithstanding the foregoing, You hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation, including those described in the below Release of Liability, Agreement to Participate, and Assumption of Risk. You agree that by participating in a Service, You do so entirely at your own risk.
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4. CONSULTING TERMS
4.1 PURCHASING: All “Consulting Sessions” or “Sessions” are reserved and paid for in advance through Fitcarma online booking system. All sales are final. Consulting Sessions are not eligible for transfer, exchange, or refund; packages cannot be shared between clients.
4.2 RESERVING, CANCELLING: Consulting Sessions must be cancelled at least 24-hours prior to the start of the Session time. Cancellations and reschedules may be done online only via your Account. There are no refunds on timely-cancelled Sessions; your Account will be credited back. If the cancellation is made inside of the 24-hour window prior to Your Session, or You do not show-up to the scheduled Session, the credit will be forfeited.
4.3 PACKAGE EXPIRATION: Session packages refer to any purchase of a predetermined allotment of Sessions to be redeemed at Fitcarma in a given time, for a given purpose. All Session credit and packages expire, as described on the Website, from the date of purchase. There are no extensions, refunds, or freezes for purchases or expired sessions. You are responsible for noting package expiration date; Fitcarma will not send reminders or follow-up. Remaining credits at the expiration of the package will be forfeited and will not roll-over or be converted into Fitcarma credit.
4.4 PAYMENT PROCESSOR, SESSIONS: Payments made for Sessions are processed by the third-party payment processor, Stripe. You are encouraged to store a valid and up-to-date debit or credit card on file within your Account for ease of transaction. In the event that an incidental charge needs to be made the cardholder and account holder gives permission to Fitcarma to charge the card on file.
4.7 REFUND POLICY: It is Fitcarma’s intention for You to be happy with your participation in the services. Due to the extensive time, effort, preparation, and care that goes into creating and providing the services, all sales are final, and no refunds will be provided.
5. MEMBERSHIP:
5.1 MEMBERSHIP TERMS: Fitcarma’s “Membership” is a 12-month subscription. The Membership may be accessed and used by: (1) by individual fitness instructors, on behalf of their own brand and training endeavors, or (2) by fitness studio owners/group fitness managers as the primary purchaser on behalf of their team of group fitness instructors.
In the event You purchase a Membership with the intention of using it as educational materials for your team, You expressly agree to purchase one (1) user license per instructor (a “Use Fee”) allowing each instructor under the master account to receive their own login and Membership access.
In the event Fitcarma discovers that You have allowed password sharing, or that You are using the account for more instructors than licenses You have purchased, this will be considered a material breach of this Agreement and your access, and this Agreement will be automatically terminated, per the terms of this Agreement.
5.2 MEMBERSHIP PAYMENT: The Membership can be purchased in a one-time payment or a recurring monthly payment for the duration of the Membership. Your payment amount will be reflected at checkout. Payments made for the Membership are processed by Fitcarma via Stripe.
5.3 AUTO-DEBIT: By enrolling in an auto-debit contract via joining the Membership, You authorize Fitcarma to, on a recurring basis - on the same of the day of each month of the membership, automatically charge the debit or credit card account You specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Fitcarma will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Fitcarma may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) it is your responsibility to keep a current card on file with accurate billing information. Fitcarma cannot be held responsible for errors in processing due to expired or inaccurate information.
5.4 REFUND POLICY, CHARGEBACK POLICY: Unless otherwise provided by law, You acknowledge that all sales are final and Fitcarma does not offer refunds for any portion of your payment for any Services at any time. By agreeing to these Terms, You agree that You will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it. Should You attempt to issue a chargeback, You may lose all access to the Services.
5.5 MEMBERSHIP CANCELLATION: Your subscription to the Fitcarma Membership will continue automatically until You cancel it. You may cancel your Membership following the termination of the contract term only meaning You cannot cancel an annual Membership midway through your year. Or rather, You may, but there is no refund, per these Terms.
If You are enrolled in the Membership and chose to cancel, You must cancel through your Account, prior to the next billing date, which is the same calendar date / annual date as your original date of purchase/enrollment. When You cancel prior to the next billing date, You still maintain access to the paid Services through the end of your billing cycle – monthly or annually. If You do not cancel prior to your billing date (monthly or annually) You will be automatically billed, with no refund, for the subsequent billing cycle and continue to have access until your next billing date, at which point your Membership will be considered canceled and You will not be billed further.
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5.6 MEMBERSHIP ACCESS: If You are an individual who purchased the Membership for themselves, You will be able to access all materials through your Account. If You are a business owner or group-fitness manager who has purchased the Membership for your organization and/or team, they will access the Membership as follows:
If You are the administrator on the account are responsible for providing Fitcarma the names and email addresses of all those who You wish to have access to the Membership. By entering into this Agreement, You agree that You will purchase a license per user, and that violation of this provision will result in immediate termination and cessation of access to the Membership for ALL users on your account.
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6. MASTERCLASS TERMS
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6.1 DELIVERY, ACCESS: After making a purchase from Fitcarma, You will be able to access the corresponding materials as follows through your Account.
6.2 RENTAL ACCESS: Note that certain products may be purchased as a “rental” and not for lifetime access; in such instances, the rental term will be clearly posted on the products at the time of rental. Following the termination of your rental period, your access will be automatically shut-off. If You wish to extend access to the product, You will be required to purchase another rental period; there is a grace period and there are no exceptions.
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7. USER INFORMATION; PASSWORD AND SECURITY: You are solely responsible for the information You input or upload to the Sites and Services and represent and warrant that You have the right and authorization to register for the Sites and Services. Fitcarma reserves the right in its sole discretion to decide whether the information You input or upload to shared and/or public forums and discussions is appropriate and complies with the terms of this Agreement, other Fitcarma policies, and applicable laws and regulations.
If You register for the Sites and Services, You will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up to date.
Your Privacy Rights are set forth in our Privacy Policy located HERE.
7.1 PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as access to the Services and your Account, You will need a username and password. You agree to keep this information confidential and not share it with anyone else.
If Fitcarma has reasonable grounds to suspect that You (1) have shared your username and password with anyone else, (2) used the materials and Services in a way contrary to what is intended and/or agreed upon; and/or (3) shared, disseminated, provided access to, forwarded, or in any other way made known to a non-purchasing user copyrighted materials such as video recordings, digital downloads, workbooks, or any other protected content, Fitcarma will automatically terminate Your account, and refuse all current or future use of the Sites, without refund.
Excessive usage of the Sites will be assumed by Fitcarma to be fraudulent use, and your Account will be immediately canceled without a refund.
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8. PERSONAL RESPONSIBILITY, DISCLAIMER & RELEASE OF CLAIMS
8.1 NO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the Services can be subjective and vary greatly depending upon circumstances and individual effort invested in the process. Enrollment in the Services does not guarantee that You will take any specific action and does not offer any guarantee of success. As such, You understand that Fitcarma makes no guarantee, representation or warranty of any nature or kind that the Services will be effective or will result in any particular outcome. You agree that You will not hold Fitcarma responsible, in whole or in part, for any result that You do or do not achieve.
8.2 PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK: You acknowledge that You take full responsibility for yourself, and all decisions made before, during and after your participation in the Services. You accept full responsibility for your choices, actions, and results before, during and after the Services, and You knowingly assume all the risks of the Services related to your use, misuse, or non-use of the Services or any of the related materials. You understand and agree that you are solely responsible for your results.
You agree that Fitcarma is not responsible for your mental, emotional, and spiritual health, or for any other result or outcome that You may experience through working together.
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8.3 LIMITATION OF LIABILITY, INDEMNIFICATION, RELEASE OF CLAIMS: The information, software, products, and Services included in or available through the Sites may include inaccuracies. Changes are periodically added to the information herein. Fitcarma may make improvements and/or changes in the sites at any time. Accordingly, Fitcarma makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Services, and related graphics contained on the sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, product, Services, and related graphics are provided ‘as is’ without warranty or condition of any kind. Fitcarma disclaims all warranties and conditions regarding this information, software, products, Services, and related graphics, including all implied warranties or conditions of merchantability, of Fitcarma for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, Fitcarma is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Sites, with the delay or inability to use the Sites or Services, the provision of or failure to provide the Services, or for any information, software, products, Services, and related graphics obtained through the sites, or otherwise arising out of use of the Sites, whether based on contact, tort, negligence, strict liability, or otherwise, even if Fitcarma has been advised of the possibility of damages. As some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with any portion of the Sites or with any of these Terms of Use, your sole and exclusive remedy is to immediately cease use of the Sites.
9. HOSTING PLATFORM: Fitcarma is hosted by and integrated with the following third-party platforms, who are responsible for all login/account information and payment transactions: Xperiencify, Stripe, PayPal, and Zoom. In the event of technical issues with your respective account or login, Fitcarma refers you to each individual platform's support. Fitcarma does not have access to your account details. If You would like more information regarding each platforms’ Terms of Use and Privacy Policies, including how they collect and store information, Fitcarma encourages You to visit their websites, which are linked above.
10. LINKS TO THIRD PARTY WEBSITES: The Sites contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Fitcarma, and Fitcarma is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fitcarma is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Fitcarma of the site or any association with its operators.
11. USER CONDUCT: As a condition of your use of the Sites, you warrant to Fitcarma that You will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. Fitcarma specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Fitcarma.
11.1 CODE OF CONDUCT: Fitcarma is committed to providing an environment that is free from disrespectful and offensive behavior, and that is safe space for all individuals. Accordingly, harassment, inappropriate, or discriminatory behavior by clients, and/or continued disruptive or incendiary behavior, as determined in the sole discretion of Fitcarma, will not be tolerated. Fitcarma has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a training relationship without refund to any client engaging in unacceptable behavior.
11.2 NO UNLAWFUL OR PROHIBITED USE: You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Fitcarma. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Fitcarma will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
12. INTELLECTUAL PROPERTY: The Services are the sole and exclusive property of Fitcarma and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
12.1 COPYRIGHTED CONSENT: Fitcarma retains all ownership and intellectual property rights to the Services content and materials provided to You through the Sites and otherwise, including all copyrights and any trademarks belonging to Fitcarma and related entities. The Services content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without the prior written permission of Fitcarma.
Furthermore, by signing this Agreement You agree to the above terms and understand that Fitcarma’s materials are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You understand and agree that violating the terms of this Agreement as described above may subject You to legal action and that Fitcarma will fully pursue all remedies at law against You which it is entitled.
12.2 TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Fitcarma or a use right has been granted to Fitcarma. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or because of your use of the Sites or Services. Without the prior permission of Fitcarma, except in the utilization of our widgets or mobile applications, You agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.
12.3 MATERIALS PROVIDED TO FITCARMA OR POSTED ON THE SITES: Fitcarma does not claim ownership of the materials You provide to Fitcarma (including feedback, comments, and suggestions) or post, upload, input or submit to the Sites or its associated services or contribute to group channels like Discord or Zoom chat (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission You are granting Fitcarma permission to use your Submission in connection with the operation of their business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Fitcarma is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Fitcarma.
By posting, uploading, inputting, providing, or submitting your Submission You warrant and represent that You own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
14. TERMINATION AND ACCESS RESTRICTION: Fitcarma reserves the right, in its sole discretion, to terminate your access to the Sites, Services, or any portion thereof at any time, without notice.
15. CONTENT RELEASE: You grant Fitcarma, its representatives, employees, agents and/or assigns the right to take digital recordation of You and your property while engaging with and/or interacting with Fitcarma and/or participating in a Service with Fitcarma, and to use and publish these photos or videos in print and/or electronically. This includes, but is not limited to, the right to share screenshots of conversations, take photos or videos of a shared Zoom room, and/or utilize contributions to Zoom or Slack conversations.
By agreeing to be filmed, photographed, and/or otherwise documented by Fitcarma, You irrevocably grant Fitcarma the absolute and unrestricted right and permission throughout the universe and forever to copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit by any and all uses such content, with or without your name, for any lawful purpose, including but not limited to: publicity, illustration, advertising, and web content.
16. GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this Agreement is governed by the Laws of the State of California, United States, and You hereby consent to the exclusive jurisdiction and venue of courts in Orange County County, California, United States. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of California, Orange County County, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of California, Orange County County.
Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fitcarma because of this agreement or use of the Sites. Fitcarma performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fitcarma right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Fitcarma with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Fitcarma and its affiliates, successors, and/or assigns.
17. MISCELLANEOUS
17.1 MUTUAL NON-DISPARAGEMENT: Should You have any questions or concerns about the Services or Fitcarma, You agree now to contact Fitcarma directly in a mature and professional way rather than to publicly make any negative or critical comments about the Services or business through social media, public forums, or otherwise. The parties agree not to communicate with any other individual, company, or entity in a way that is harmful or disparaging to the other, whether actual or perceptual, or to do or say anything that is injurious to each other’s reputation, including about the Services and/or Fitcarma business, employees, contractors or agents, or other participants. In arbitration or when required by law, Parties are not prohibited from publicly sharing our thoughts and opinions
17.2 NOTICE: All correspondences or notices required regarding the Services shall be made to Fitcarma via e-mail at hello@fitcarma.com and to You at the e-mail address You provided during your enrollment in the Services and/or the email address in your Account. Should your email address, billing information, or contact information change at any time throughout the relationship, it is your responsibility to update the information in your Account within 3-days, preferably sooner, of any change to avoid miscommunications.
17.3 FORCE MAJEURE: In the event that any cause beyond one’s reasonable control, including, without limitations, “acts of God”/nature, war, curtailment, or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, impracticable, or impossible for Fitcarma to perform any responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, Fitcarma is not be liable for a reasonable period of delay or for the inability to indefinitely fulfill the responsibilities and obligations.
17.4 ENTIRE AGREEMENT, ASSIGNMENT, SURVIVABILITY AND WAIVER: This Agreement contains the entire agreement and may be modified or amended at any time as long as the amendment is in writing and signed by the Parties. You may not assign your privileges, rights, or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If Fitcarma chooses to waive or not enforce one or more terms of this Agreement, it does not in any way limit her right to later enforce every part of this Agreement.
17.5 EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from Fitcarma related to the Services, the Site, the Fitcarma brand, and your participation in all of the above. By entering into this Agreement, You give Fitcarma permission to email You, at the email address on file, regarding the same.
17.6 CONTACT: If you have any questions or concerns about this policy or any Fitcarma Services, products, or features, please don’t hesitate to contact us at: hello@fitcarma.com