TERMS AND CONDITIONS: LIFETIME STREAMING ACCESS
Lifetime Streaming Access
ADDITIONAL TERMS FOR LIFETIME MEMBERSHIP (“ADDITIONAL TERMS”)
THESE ADDITIONAL TERMS, TOGETHER WITH THE P.VOLVE TERMS OF SERVICE, COLLECTIVELY CONSTITUTE A BINDING CONTRACT APPLICLABLE TO EACH LIFETIME MEMBERSHIP AND GOVERN THE USE OF AND ACCESS TO P.VOLVE SERVICES BY THE MEMBER, IN CONNECTION WITH A PAID “LIFETIME MEMBERSHIP.” All capitalized terms not expressly defined herein have the meaning attributed to them in the Terms of Service.
By purchasing and/or accessing p.volve’s Services under a Lifetime Membership, each “Purchaser” of a Lifetime Membership, as well as each “Member” (i.e., the designated user of the Lifetime Membership, whether that individual is also the Purchaser, or the recipient of a gift from the Purchaser), agrees to these Additional Terms. If you do not agree with these Additional Terms, you must not purchase and/or use the Services. Lifetime Membership offer is open to a limited number of users, as determined by p.volve in its sole discretion. P.volve reserves the right to discontinue the Lifetime Membership subscription plan at any time.
Lifetime Membership is a subscription plan that provides the Member access to p.volve’s basic level of streaming service (as available to subscribers on November 25, 2019), including streaming content in the nature of tutorials and exclusive workouts, dashboard and calendar features (collectively, the “On-Demand Service”) through the Site for the lifetime of that service offering (not the Member’s lifetime). Discounts on other p.volve products and services are not included with Lifetime Membership. Education discount is not available as a part of Lifetime Membership. Lifetime Membership is not available for fitness studio, training or teaching purposes. Downloadable content is not a guaranteed feature of the On-Demand Service.
For as long as p.volve offers the On-Demand Service, each Lifetime Membership provides the Member subscription access to it through the Site at no additional monthly fee (but subject to applicable annual maintenance fees as explained further below). P.volve reserves the right to discontinue availability of its On-Demand Service at any time in its sole discretion. Except in the case that p.volve dissolves or ceases to exist, if p.volve discontinues its On-Demand Service (as defined herein) prior to the second anniversary of a Lifetime Membership activation (i.e., during the first twenty-four (24) months of the Lifetime Membership), then at p.volve’s election (in its sole discretion), either: (a) the Lifetime Membership will be upgraded at no additional charge to a comparable or better service level; or (b) the Purchaser will receive a refund (on a prorated basis) for the cost of the Lifetime Membership, and thereafter, p.volve will have no additional obligations to the Member (and/or the Purchaser, if different from the Member). P.volve will activate each Lifetime Membership upon purchase, except for existing subscribers converting to a Lifetime Membership as explained further below. After the first twenty-four (24) months of each Lifetime Membership, the purchase price of the membership is entirely nonrefundable. If, for any reason, p.volve should dissolve or cease to exist at any time, then access to the Lifetime Membership will terminate.
A Lifetime Membership may be cancelled within seventy-two (72) hours of purchase at no charge (the server clock for the Website will be the official timekeeper). After that, all sales are final, and the subscription is non-cancelable and non-returnable. The Lifetime Membership may be terminated at any time by the Member, but the Purchaser will not receive any refund.
Annual Maintenance Fee (Applicable beginning in Year 3 of Lifetime Membership)
Beginning in the third year of each Lifetime Membership (“Year 3”), p.volve reserves the right to assess an annual maintenance fee on the membership, not to exceed $50 (US) for Year 3, and not to increase more than 10% annually for each year thereafter. For each year that we assess an annual fee, p.volve will send a statement to the Member email address on file confirming the details of the maintenance fee, which shall be payable within thirty (30) days, either via charge to the credit card on file (if the Member is also the Purchaser) or an alternate form of payment as mutually agreed to by Member and p.volve. If p.volve attemps to charge the credit card on file and such attempt is unsuccessful, or if the Member received the Lifetime Membership as a gift, then p.volve will contact the Member to arrange for an alternate payment method to ensure continued access to On-Demand Service. P.volve is not responsible for lapsed or out-of-date contact information; it is each Member’s responsibility to ensure that p.volve has current contact information, and that the Member checks email in a timely fashion to ensure receipt of all official p.volve communications. Failure to pay any annual maintenance fee when due may result in the suspension or termination of the Lifetime Membership without further notice.
Eligible p.volve current subscribers may convert to a Lifetime Membership. For eligible subscribers on a Monthly Plan, the activation date of the Lifetime Membership is the first day of the next monthly billing cycle, and the Member will not incur any further monthly charges. For eligible subscribers who have purchased a 6-Month Plan or a 1-Year Plan, the activation date of the Lifetime Membership is the first day after the end of the then-current subscription period. No refunds will be issued for past subscription purchases when converting to a Lifetime Membership.
Internet Connection Required
An active internet connection is required to use and access the Lifetime Membership through the Website or the Application. Without an internet connection, Members may not be able to access p.volve Services. Downloadable content may be available from time to time through the Application in p.volve’s sole discretion, but is not guaranteed as a feature of the Lifetime Membership or the On-Demand Service.
Lifetime Membership is not transferable from one person to another and may not be shared. Notwithstanding the foregoing, a Lifetime Membership may be given as a gift to another person, provided that the gift recipient is identified as the Member at time of activation.
Upgrades & Bonus Content
P.volve may upgrade its product and service offerings from time to time, either on a complimentary basis or at an agreed-upon additional charge. Eacg Lifetime Membership guarantees the Member access to On-Demand Service (as defined herein) for the lifetime of that service offering, but upgrades and bonus content are not automatically included. P.volve may exclude certain offerings (e.g., third-party content, particular workouts, downloadable material, extra features and widgets) from On-Demand Service, or only make them available to Members at additional cost, in p.volve’s sole discretion. P.volve’s decision to offer such upgrades or additional content on a free/no additional charge/complimentary basis to Members, and/or p.volve’s addition of new functionality to the On-Demand Service, will not be a waiver of p.volve’s rights and does not create an obligation on p.volve’s part to provide free access to similar features or content in the future.
Acceptable Use of Lifetime Membership
In addition to compliance with all p.volve Terms of Service, as a condition of Lifetime Membership, each Member agrees to the following:
- Lifetime Membership is personal and non-transferable and it, along with access to the Services through it and/or the relevant user account, may not be sold, transferred, assigned, licensed or shared with any other person or entity, during the Member’s life or afterwards.
- Members may not share login credentials.
- Members may not download, copy, film, record, republish, screencap or otherwise capture or preserve any content made available to them through access to the Services.
- Members may not publicly display p.volve content, or use it or the Services for anything other than their own personal fitness practice.
- Members may not use or access p.volve content or the Services for any group, club, business, professional, studio, instructional, training or other non-personal purposes.
P.volve reserves the right to restrict functionality, suspend or terminate any Lifetime Membership if it reasonably believes that the Member has used or accessed the Lifetime Membership in violation of the p.volve Terms of Service or these Additional Terms. Unless legally prohibited from doing so, p.volve will use commercially reasonable efforts to contact the Member directly via email to provide notice before taking any of the foregoing actions. P.volve will not be liable to any Member (or Purchaser, if different) for any such restriction, suspension or termination of rights to access and use the services. At p.volve’s sole discretion, it may refer any suspected fraudulent, abusive or illegal activity by a Member may to law enforcement authorities.