Welcome to XPLUS! We are a subscription service (the “Service”) that provides our subscribers with access to content of varying lengths ("Content") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("Streaming Device"). References to the Service include all the features and functionalities, website, and user interfaces, as well as all content and software associated with the Service.
Privacy. Personal identifying information is subject to our Privacy Statement. Please review our Privacy Statement to understand our practices.
Communication Preferences. As a user of the Service, you may receive electronic communications from us and our affiliates relating to your account and other communications such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods. We may also provide information relating to you and your account to our franchisees to send studio-generated marketing messages and materials regarding in-studio content, products and services. These communications may involve sending emails to your email address provided during registration, or posting communications on the Service and are part of your relationship with us and the Service. You agree that any notices, agreements, disclosures or other communications that we or our affiliates send to you electronically will satisfy any legal communication requirements, including that such communications be in writing and, with respect to marketing materials, that you be provided information on how to opt out from receiving such materials. You should maintain copies of any electronic communications by printing a paper copy or saving an electronic copy.
Subscription, Free Trials, Billing and Cancellation
Ongoing Subscription. Your subscription will automatically renew unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Service. We will bill the subscription fee to your Payment Method. You must cancel your subscription in the manner described below before it renews in order to avoid billing of the next subscription fee to your Payment Method.
Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
If you qualify, your subscription starts with a free trial. The free trial period of your subscription lasts for the number of days specified in the offer starting with the day on which you complete the creation of your account and, as a result, have access to the Service. Free trials are for new and certain former subscribers only. We reserve the right, in our absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription, and your subscription will automatically renew unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
YOU MAY CANCEL YOUR SUBSCRIPTION THROUGH THE VENUE YOU PURCHASED IT. IF YOU PURCHASED IN A STUDIO LOCATION, YOU MUST RETURN TO THE STUDIO TO CANCEL. IF YOU PURCHASED THROUGH THE XPLUS WEBSITE OR APP CLICK THE CORRESPONDING "INFO" ICON OR “ACCOUNT” BUTTON AT THE TOP OF THE SCREEN TO REQUEST CANCELLATION. IF YOU PURCHASED THROUGH A THIRD-PARTY MARKETPLACE, YOU MUST RETURN TO THAT MARKETPLACE TO CANCEL. We will continue to bill your Payment Method for your subscription fee until you submit a cancellation request and receive a cancellation confirmation email. If you cancel after the free trial period, cancellation will be effective at the end of the current period for which you have paid.
Recurring Billing. By starting your subscription and providing or designating a Payment Method, you authorize us to charge you a subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. When you create your Service account, you will provide information and authorization regarding your Payment Method. You may edit your Payment Method information by visiting our website and clicking on the "Account" link, available at the top of the pages of the website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your Service subscription at any time, and you will continue to have access to the Service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR UNWATCHED CONTENT. YOU MAY CANCEL YOUR SUBSCRIPTION THROUGH THE VENUE YOU PURCHASED IT. IF YOU PURCHASED IN A STUDIO LOCATION, YOU MUST RETURN TO THE STUDIO TO CANCEL. IF YOU PURCHASED THROUGH AN XPLUS WEBSITE OR APP CLICK THE CORRESPONDING "INFO" ICON OR “ACCOUNT” BUTTON AT THE TOP OF THE SCREEN TO REQUEST CANCELLATION. IF YOU PURCHASED THROUGH A THIRD-PARTY MARKETPLACE, YOU MUST RETURN TO THAT MARKETPLACE TO CANCEL. We will continue to bill your Payment Method for your subscription fee until you submit a cancellation request and receive a cancellation confirmation email. Cancellation will be effective at the end of the current period for which you have paid. Cancelling you Service subscription does not cancel any other subscriptions, memberships, or purchases you’ve made with Xponential Fitness or any of its affiliates. Similarly, cancelling other subscriptions, products, or purchases made with Xponential Fitness or its affiliates does not cancel your Service subscription.
The Service and any Content viewed through our service are for your personal and non-commercial use only. During your subscription, we grant you a limited, non-exclusive, non-transferable, license to access the Service and view Content through the Service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service or any Content for any purpose other than your own personal use and that you will not use the Service or Content for any commercial use or public performances.
You may view Content through the Service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such Content. The content that may be available to watch may vary by geographic location. We will use technologies to verify your geographic location.
We continually update the Service, including the Content library. In addition, we continually test various aspects of the service, including our website, user interfaces, service levels, plans, promotional features, availability of the Service and Content, delivery and pricing. We reserve the right to, and by continuing to use the Service, you agree that we may include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate the Service.
Some Content may be available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including, without limitation, restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
You understand that physical exercise can be strenuous and can cause injury. Prior to using the Content or engaging in any strenuous exercise, we encourage you to consult with your physician. You assume all risks associated with your use of the Service or Content, including, without limitation, the risk of physical or mental injury caused by your participation in any exercise routine that is part of the Content.
The availability of Content will change from time to time, and from country to country. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected and the configuration of your Streaming Device.
The Service is hosted and run on video software and is designed to enable streaming and viewing of Content through Streaming Device. This software may vary by device and medium, and functionalities may also differ between devices. BY USING THE SERVICE, YOU AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SERVICE AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE THE SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE SERVICE. By using the Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service. If your Streaming Device is sold, lost or stolen, please deactivate it immediately. If you fail to log out or deactivate your device, subsequent users may access the Service through your account and may be able to access certain of your account information. You will be responsible for the Content accessed, and any purchases made, by such users.
Passwords & Account Access
You are responsible for your Service account (your “Account”). Your control of your Account is exercised through use of your password. Therefore, to maintain exclusive control, you should not reveal your password to anyone. In addition, if you wish to prohibit others from contacting Customer Service and potentially altering your control, you should not reveal the Payment Method details (e.g., last four digits of your credit or debit card, or your email address if you use PayPal) associated with your Account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your Account.
In order to provide you with ease of access to your Account and to help administer the Service, we implement technology that enables us to recognize you as the account owner and provide you with direct access to your Account without requiring you to retype any password or other user identification when you revisit the Service, which includes accessing via Streaming Device or our website.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We reserve the right to place your Account on hold anytime with or without notification to you in order to protect ourselves and our partners from what we believe to be fraudulent activity. We are not obligated to credit or discount your subscription for holds placed on your Account by either us or a representative of the automated processes of the Service.
Disclaimers of Warranties and Limitations on Liability
THE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE SPECIFICALLY DISCLAIM LIABILITY FOR THE USE OF THE SERVICE AND APPLICATIONS, STREAMING DEVICE, AND OTHER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE, OR OUR AFFILIATES OR ANY OF OUR OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Gifts & Promotions. From time to time, promotional codes may be available, including those provided as part of a third-party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as we determine in our sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
We claim all intellectual property rights (including under state, federal and common law) to and benefits associated with the ownership of all Content, the trademark and service mark, and all trade secrets associated therewith.
Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Service, please notify us by completing the following DMCA Notice of Alleged Infringement and delivering it to us as the Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the website.
The DMCA Notice of Alleged Infringement shall:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Deliver this notice, with all items completed, to us, as the Designated Copyright Agent at:
17877 Von Karman
Irvine, CA 92614
Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Service. These Applications may import data related to your Account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and we are not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO OR SPONSORED BY US AND MAY NOT BE AUTHORIZED FOR USE WITH THE SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
Use of Information Submitted. We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Service, including the website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
If you elect to seek arbitration, you must first send to us, by certified mail, a written Notice of your claim ("Notice"). The Notice must be addressed to: us at 17877 Von Karman, Suite 100, Irvine, CA 926143001 Brighton Blvd., Suite 269, Denver, CO 80216, Attention: Legal Department ("Notice Address"). If we initiate arbitration, we will send a written Notice to the email address that is associated with your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding.
The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in Denver, Colorado.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.