Everdance
Legal

Terms of Use

Last updated: 2026-05-26

Last updated: May 26, 2026

We are Everdance Inc. ("Company," "we," "us," or "our"), a company incorporated in Delaware, United States.

We operate the mobile application Everdance: Lazy Home Workout, the website https://everdance.app (including these Terms at https://everdance.app/en/terms), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at support@everdance.app or by mail at 651 North Broad Street, Middletown, DE 19709, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Everdance Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Your access to and use of the Services is also subject to our Privacy Policy, the terms of which are incorporated into these Legal Terms by reference. By using the Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy, including with respect to location and device information where applicable.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference, including our Subscription Terms, Money-Back Policy, and Website Disclaimer. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

Key points: Please also read our Privacy Policy, Subscription Terms, and Money-Back Policy. Paid subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period or trial; deleting the App does not cancel your subscription.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. PROHIBITED ACTIVITIES
  5. USER GENERATED CONTRIBUTIONS
  6. CONTRIBUTION LICENSE
  7. SERVICES MANAGEMENT
  8. TERM AND TERMINATION
  9. MODIFICATIONS AND INTERRUPTIONS
  10. GOVERNING LAW
  11. DISPUTE RESOLUTION
  12. CORRECTIONS
  13. DISCLAIMER
  14. LIMITATIONS OF LIABILITY
  15. INDEMNIFICATION
  16. USER DATA
  17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  18. MISCELLANEOUS
  19. HEALTH DISCLAIMER
  20. TERMS OF SALE AND SUBSCRIPTIONS
  21. ADDITIONAL TERMS FOR APP STORE APPS
  22. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services enable you to create videos that incorporate locally stored sound recordings from your personal music library ("User Videos"). In addition to allowing you to create videos, the Services may also allow you to:

  • save your User Videos locally to your device;
  • upload your User Videos to the App or certain third-party social media platforms (e.g., Instagram, Facebook, YouTube, Twitter) subject to these Legal Terms;
  • communicate your User Videos to friends via different messaging services; and
  • publicly display and perform your User Videos to other users of the Services.

You control whether the User Videos you create are made publicly available on the Services or only available to people you approve. To restrict access to your User Videos, you should elect "private account" in the profile settings page within the App.

User Videos may be up to 60 seconds in length. Users who create User Videos may be referred to as "Creators"; all users of the Services are "Users." If the Services do not permit you to post User Videos directly to a particular third-party platform, you are not authorized by us to post your User Videos on that platform and remain solely responsible for obtaining any necessary rights, clearances, permissions, or authorizations for such posting.

Mobile Services

The Services may be accessed via a mobile phone, tablet, or other wireless device ("Mobile Services"). Your mobile carrier's messaging, data, and other rates and fees apply to your use of Mobile Services. You are solely responsible for checking with your carrier whether Mobile Services are available for your device, what restrictions apply, and what they cost. All use of the App and related Mobile Services must comply with these Legal Terms.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to support@everdance.app. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Sound recordings and musical works

NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE. You are solely responsible for obtaining all necessary rights, clearances, licenses, permissions, and payments (including mechanical, performance, synchronization, and any other royalties) for any sound recordings, musical works, or other copyrighted material you incorporate into your Contributions.

Your submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  • warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you meet the minimum age requirements set forth below; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

Minimum age

United States: You are at least 13 years of age. If you are under 13, you may not use the Services. If you are at least 13 but still a minor where you live, your parent or legal guardian must have provided valid consent for you to use the Services.

EEA, United Kingdom, and Switzerland: You are at least 16 years of age. If you are under 16, you may not use the Services from these regions.

All other regions: You meet the minimum age required by applicable law in your jurisdiction to use the Services, or you have verifiable parental or guardian consent as required by applicable law.

You may not falsely claim you have reached the minimum age if you have not.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcems").
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

App-specific restrictions

In addition to the foregoing, you agree not to:

  • Send messages through the Services to other users unless each recipient has given you express consent to receive such messages, and you will indemnify us against claims arising from messages you send in violation of this rule.
  • Register a new account without our express written consent if we have previously disabled or terminated an account of yours.
  • Access, tamper with, or use non-public areas of the Services, our systems, or our providers' technical delivery systems.
  • Provide false, inaccurate, or misleading personal information when registering for or using the Services.

5. USER GENERATED CONTRIBUTIONS

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, User Videos, sound recordings, and other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites.

NO RIGHTS ARE LICENSED with respect to sound recordings or musical works embodied in Contributions made available through the Services, except as expressly stated in these Legal Terms or a separate written agreement with us. See also Section 2 ("Sound recordings and musical works").

Collaborative Contributions and Everdance Elements

Contributions may include videos that incorporate locally stored sound recordings from your personal music library, ambient noise, photographs, comments, and other materials you provide ("User Content"). Users may extract portions of Contributions created by other users to produce additional Contributions, including collaborative Contributions that combine and intersperse content from more than one user.

The Services may allow you to overlay music, graphics, stickers, virtual items, and other elements provided by Everdance ("Everdance Elements," including virtual item videos and similar features) onto your Contributions and to transmit those Contributions through the Services. You may use Everdance Elements only as the Services permit and these Legal Terms allow. You remain solely responsible for any Contribution you create, post, or share, including collaborative Contributions.

Content moderation

With respect to user-generated Contributions, we act as an information intermediary. We do not conduct a comprehensive pre-publication review of all Contributions and are not responsible for violations of third-party rights by users, except as required by applicable law. We reserve the right—but not the obligation—to remove or disable any Contribution that we believe violates these Legal Terms, applicable law, or third-party rights, including in response to complaints from other users or licensors of our Content, with or without notice and without liability to you. We recommend that you save copies of Contributions you wish to keep on your personal device(s).

When you create or make available any Contributions, you thereby represent and warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any Contributions to enable inclusion and use of the Contributions in the manner contemplated by the Services and these Legal Terms.
  • You will not post any Contribution unless you own or are fully authorized to grant rights in all elements of the Contribution, including any sound recording and the underlying musical works embodied therein.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy, publicity, copyright, contract, or other rights of any person, including any person visible in your Contributions.
  • The posting and use of your Contributions on the Services will not require us to obtain further licenses from, or pay royalties, fees, or other amounts to, any third party, except as we separately agree in writing.
  • You will pay all amounts owing to any person as a result of posting your Contributions on the Services.
  • Your Contributions do not contain any material that solicits personal information from anyone below the minimum age required to use the Services under Section 3 or exploits such persons in a sexual or violent manner.
  • Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions are not "Objectionable Content," meaning material that is abusive, unlawful, infringing, sexually exploitative, promotes hatred or violence, or that we reasonably determine is otherwise harmful or inappropriate for the Services. If you encounter Objectionable Content, contact support@everdance.app.

Our role as a hosting provider

We are a hosting service provider under applicable laws, including Section 230 of the Communications Decency Act (United States) and Article 14 of the E-Commerce Directive (European Union). We do not create, pre-screen, or actively monitor user Contributions, nor do we exercise editorial control over them. We are not responsible for the accuracy, legality, or appropriateness of any user Contribution.

We will remove or disable access to allegedly infringing Contributions promptly after receiving a valid Notification of Claimed Infringement in accordance with our DMCA/copyright policy below. Liability for user Contributions shall be borne solely by the user who posted them, and we expressly disclaim any liability for user Contributions to the fullest extent permitted by applicable law.

Everdance respects the intellectual property of others and expects users to do the same. Infringing activity is not tolerated on or through the Services. Copyright protects original works of authorship (such as music and videos). We do not allow content that infringes copyright. Any use of copyrighted content of others without proper authorization or a legally valid reason may lead to removal of content and enforcement action.

If you believe content available on or through the Services infringes intellectual property rights that you own or control, please promptly email a notification to support@everdance.app. We may forward your notification to the user who posted the material, and you consent to such disclosure.

Procedure for reported infringement (including third-party requests)

When we receive a request from a third party whose copyrights were allegedly violated by material posted in the Services, responsibility for the violation lies with the person who made the posting. From the moment we receive such a request, we may take the following measures:

  1. Contact the user who allegedly infringed copyright and request written consent from the author confirming the right to use the content.
  2. Remove the material if the user refuses to provide such written consent, or if we do not receive a response within 72 hours.
  3. Provide information about the alleged infringer to the copyright holder, as permitted by applicable law.

An account may be blocked or terminated due to numerous copyright violations in connection with your use of the Services.

Designated agent (DMCA)

Everdance's designated agent for Notifications of Claimed Infringement can be contacted at: support@everdance.app.

To be effective, a Notification of Claimed Infringement should include substantially the following:

  1. Identification of the copyrighted work claimed to have been infringed.
  2. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Services.
  3. Your contact information (address, telephone number, and email address).
  4. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
  6. Your physical or electronic signature.

Counter-notification

If you receive a notification that material you posted was subject to a Notification of Claimed Infringement, you may provide a Counter Notification to our designated agent at support@everdance.app. To be effective, a Counter Notification must be in writing and include substantially the following:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if you are outside the United States, any judicial district in which Everdance may be found), and that you will accept service of process from the person who provided the Notification of Claimed Infringement or that person's agent.

You may wish to consult a lawyer or see 17 U.S.C. § 512 before submitting a Counter Notification. Filing a counter-notification may lead to legal proceedings between you and the complaining party.

Reposting after a counter-notification

If you submit a valid Counter Notification, we will promptly provide the person who submitted the Notification of Claimed Infringement with a copy of your Counter Notification and inform them that we will replace the removed material or cease disabling access to it in 10 business days, and we will restore the material and cease disabling access not less than 10, nor more than 14, business days after receipt of the Counter Notification, unless our designated agent receives notice that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our systems or networks.

Misrepresentations

The Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, copyright owner, or service provider. See 17 U.S.C. § 512(f). Everdance reserves the right to seek damages from any party that submits a false Notification or Counter Notification.

6. CONTRIBUTION LICENSE

You and we agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings), as further described in our Privacy Policy.

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

By posting or making available Contributions on the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to access, store, process, host, reproduce, distribute, publicly display, publicly perform, adapt, and otherwise use your Contributions to operate, promote, and improve the Services, including authorizing other users and third parties to view, access, download, and interact with your Contributions through the Services and on third-party platforms you choose, as the Services and your settings permit ("through-to-the-audience" rights).

We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions, except as required by applicable law.

7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

8. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

You may terminate these Legal Terms by sending written notification to us at support@everdance.app, deleting the App from your mobile devices, and terminating all other uses of the Services.

9. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

10. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of the State of Delaware, United States. You irrevocably consent that the courts of the State of Delaware shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

11. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Dispute cannot be resolved through informal negotiations, any Dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at https://www.adr.org). The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Wilmington, Delaware. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of the State of Delaware. If you are an individual consumer and the amount in dispute is less than USD $10,000, we will reimburse AAA filing, administration, and arbitrator fees you paid unless the arbitrator finds the claims frivolous, and we will not seek attorneys' fees in arbitration unless the arbitrator determines your claims are frivolous.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

Opt-out

If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use the Services by sending an email to support@everdance.app stating your name and intent to opt out of the arbitration agreement.

12. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

13. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

User content disclaimer: We do not endorse, guarantee, or assume responsibility for any user Contribution made available through the Services. We are not a publisher of user Contributions and act solely as a hosting intermediary. Any reliance on user Contributions is at your own risk.

14. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR ONE HUNDRED US DOLLARS ($100). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

16. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, as further described in our Privacy Policy. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

19. HEALTH DISCLAIMER

Dancing, in all of its forms and moves that may be suggested by an Everdance instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before learning the choreography/moves shown in any of the video clips on the App. Everdance is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the moves and choreography are not required to be performed by you and are carried out at your election while viewing Everdance videos. Nothing contained in the Services should be construed as any form of such medical advice or diagnosis.

By using the App you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Everdance, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Everdance, or any person or entity involved with Everdance, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

20. TERMS OF SALE AND SUBSCRIPTIONS

Please read this section together with our Subscription Terms and Money-Back Policy, which are incorporated herein by reference.

To purchase any products or services on the Services, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. If you wish to purchase any products or services on the Services and are under the applicable age of majority in your jurisdiction of residence, you must have your parents' permission to do so.

Methods of Payment and Taxes

Purchases of products or services on the Services may be made through in-app purchases through the Apple App Store or Google Play Store (or other application platforms authorized by Everdance) (each, a "Software Store"). If you choose to make an in-app purchase, you will be prompted to enter details for your account with the mobile platform you are using ("your IAP Account"), and your IAP Account will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase. All sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are your responsibility.

Free Trial

We may require that you provide a valid credit or debit card at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period ("Free Trial"). Everdance will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Everdance reserves the right to terminate any account that is using or trying to use more than one Free Trial.

Subscriptions Automatically Renew Until You Cancel

Additional terms for subscriptions, cancellations, and refunds appear in our Subscription Terms and Money-Back Policy.

All subscription amounts are payable and charged at the beginning of the subscription period. Each subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it. You must cancel your monthly or yearly subscription before it renews to avoid the billing of the fees for the next subscription period. If you purchase your subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period. To avoid being charged, you must affirmatively cancel your subscription or a trial at least 24 hours before the end of the free trial or the current subscription period. Deleting the App does not cancel your subscriptions or free trials.

Changes to Price Terms for Subscriptions

Everdance reserves the right to change its pricing terms for subscriptions at any time and Everdance will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Everdance's pricing terms then you may choose not to renew your subscription.

Return Policy

Purchases made through a Software Store are subject to that store's refund policies. Purchases made on our website may be subject to our Money-Back Policy when presented to you at checkout and as described therein. See also our Subscription Terms for subscription-specific rules.

EU residents — right of withdrawal

Note for EU residents: If you are a user in the European Union, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date you conclude that agreement. The withdrawal right does not apply if performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.

YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, you will not be eligible for a refund unless the digital content is defective or unless mandatory law requires otherwise.

The full text of our subscription, billing, and refund rules is in our Subscription Terms.

21. ADDITIONAL TERMS FOR APP STORE APPS

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:

  • These Terms are concluded between you and Everdance, and not with App Provider, and that, as between Everdance and the App Provider, Everdance is solely responsible for the App.
  • App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App.
  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Everdance will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.
  • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

22. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Everdance Inc.
651 North Broad Street
Middletown, DE 19709
United States

Email: support@everdance.app
Tax ID: 86-3348546