Terms of Service

Welcome to PowerPass!

These Terms of Service ("Terms") constitute a binding agreement between you and PowerPass Technologies, LLC ("PowerPass," "we," "us," "our") and govern your use of the PowerPass website, mobile application, content, and services (collectively, the "Service"). By accessing, downloading, or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, do not use the Service.

1. Acceptance of Terms

By using the PowerPass Service, you agree to these Terms and our Privacy Policy. Your use of the Service is also subject to any additional terms, conditions, and policies that we may provide from time to time.

2. Modification of Terms

PowerPass reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Service after any such changes indicates your acceptance of the new Terms.

3. Description of Service

PowerPass provides a platform for users to access a variety of fitness, recreational, and wellness classes and activities offered by third-party providers ("Providers"). PowerPass itself is not a provider of these activities.

4. User Accounts

Account Creation

To access the full features of the Service, you must register and create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Account Responsibilities

• You must notify us immediately of any unauthorized use
• You may not share your account with others
• You are responsible for all activities under your account

5. Use of Service

The Service is intended for personal, non-commercial use. You agree to use the Service legally and responsibly. Any misuse or unauthorized use of the Service may result in termination of your access to the Service.

6. Fees and Payments

Certain aspects of the Service may require payment. All fees are subject to change. By providing a payment method, you represent and warrant that you are authorized to use that payment method.

7. Cancellation and Refund Policy

Details on subscription cancellations, changes, and our refund policy will be clearly outlined in the Service or provided at the time of purchase.

8. Third-Party Services and Content

The Service may contain links to third-party websites, services, and content. PowerPass is not responsible for these and accessing them will be at your own risk.

9. Intellectual Property

All content, features, and functionality of PowerPass are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, or create derivative works from our content without permission.

10. Intellectual Property Rights

All intellectual property rights related to the Service and its content are owned by or licensed to PowerPass. You agree not to infringe upon these rights.

11. Disclaimers and Limitation of Liability

The Service is provided "as is." PowerPass disclaims all warranties and conditions. PowerPass will not be liable for any indirect, incidental, or consequential damages.

12. Arbitration and Governing Law

Any disputes arising out of your use of the Service will be resolved by binding arbitration. These Terms are governed by the laws of the State of Delaware.

1. Purpose: This Arbitration Agreement is designed to facilitate the prompt and efficient resolution of any disputes that may arise between you and PowerPass. Arbitration is a private dispute resolution process in which parties to a contract agree to submit their disputes to a neutral arbitrator for a binding decision, instead of going through a lawsuit in court before a judge or jury.
   This Arbitration Agreement is important. It requires that all disputes between you and PowerPass be resolved through binding arbitration. This means you waive your right to resolve any dispute in court before a judge or jury.
2. Pre-Arbitration Dispute Resolution: Before starting any arbitration, you must first provide PowerPass an opportunity to resolve the dispute. You should send a written notice to PowerPass, Legal Department, [PowerPass Address]. This notice should include your name, address, a detailed description of the dispute, and the relief you are seeking. If PowerPass doesn’t resolve the dispute to your satisfaction within 45 days of receiving your notice, you may start arbitration proceedings.
3. Arbitration Procedures: If the dispute isn't resolved as described above, either you or PowerPass can start arbitration proceedings. The arbitration will be administered by the American Arbitration Association ("AAA") or JAMS, and conducted by a single arbitrator. The AAA's Supplementary Procedures for Consumer-Related Disputes will apply for disputes involving less than $75,000; for larger disputes, the AAA’s Commercial Arbitration Rules will apply. For JAMS, their Comprehensive Arbitration Rules & Procedures will be used. The arbitration will be individual and not as a className arbitration, and the arbitrator’s decision will be final and binding.
4. Location and Costs: Arbitration will take place in New York County, New York, or by telephone if you choose. PowerPass will pay all arbitration filing fees and costs upon your request. You will be responsible for your own additional fees and costs.
5. Action Waiver: You and PowerPass agree to resolve disputes on an individual basis. There will be no right or authority for any dispute to be arbitrated or litigated on a className action basis or in a purported representative capacity on behalf of the general public or other persons.
6. Severability and Continuation: This Arbitration Agreement is a crucial part of our agreement. If any part of this Arbitration Agreement is found to be unenforceable, the remainder will still be in effect. This agreement will survive the termination of your relationship with PowerPass.

13. Changes to the Service

PowerPass reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

14. Contact Information

For any questions about these Terms, please .

15. Acknowledgment

By using the Service, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.

16. Communications and Marketing

By using PowerPass, you consent to receiving marketing emails from us and can opt out via provided instructions. We respect your privacy and comply with our in all communications.

1. Introduction

This document delineates the terms and conditions governing the PowerPass Referral Program. Definitions pertinent to this Program, including but not limited to Referral Fee, Referred Party, Transaction, are outlined herein.

2. Client Referral Requirements

Eligibility for referral rewards mandates that a client, upon referral by an existing PowerPass user, shall engage in PowerPass services and accrue transaction fees that meet or exceed a predetermined threshold within one calendar year subsequent to their account activation.

3. Studio Referral Requirements

Qualification for a studio referral necessitates that the referred studio generates revenue that surpasses a pre-established threshold amount. Such revenue must be derived exclusively through utilization of PowerPass services.

4. Distribution of Referral Credits

Subject to the fulfillment of specified transaction or revenue thresholds by the referred client or studio, PowerPass shall allocate referral credits to the referrer’s account within a period not exceeding 120 days. Referral credits shall be issued in the form of PowerPass credits, applicable solely towards the acquisition of services or products proffered on the PowerPass platform.

5. Nature and Usage of Referral Credits

Credits received as part of the Program are non-transferable, bearing no cash value, and are exclusively redeemable within the PowerPass platform for services or products therein. Such credits shall become void if not utilized within a specified timeframe from the date of issuance, the duration of which shall be determined at PowerPass's discretion.

6. Termination and Modification

PowerPass reserves the unequivocal right to alter, suspend, or abolish the Program at any point, without prior notification. Participants shall regularly review the Terms of Service to remain apprised of any alterations. In the event of termination or modification of the Program, accumulated referral fees subject to the terms extant at the time of the referred party’s transaction shall be processed in accordance, barring stipulations to the contrary in revised terms. Rights and obligations of both PowerPass and participants preceding any termination or modification shall persist until satisfactorily discharged, contingent upon any amendments to the terms.

7. Eligibility

Criteria for eligibility and any constraints or limitations on participation in the Program are hereby established.

8. Obligations of the Referring Party

The referring party shall adhere to outlined conduct and responsibilities. Engaging in prohibited. Activities, including but not limited to spamming and fraudulent conduct, is strictly forbidden.

9. Dispute Resolution

Any disputes arising in connection with the Program shall be resolved in accordance with the prescribed dispute resolution process.

10. Limitation of Liability

PowerPass's liability in matters pertaining to the Program shall be confined within the limits prescribed herein

11. Miscellaneous

Additional legal clauses, including governing law and severability, pertinent to the Program are included in this section.

12. Acceptance of Terms

Participation in the Program constitutes unequivocal acceptance of these terms. The process for such acceptance, including electronic acknowledgment, is specified herein.

13. Contact Information

Contact details for inquiries regarding the Program are provided in this section.