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Introduction
The website operated at pandapilates.com and such other locations as made available from time to time (collectively, the “Website”), along with all services offered through the Website, including but not limited to class bookings, memberships, digital content, and related features (collectively, the “Service”), are operated by Panda Pilates Ltd. and its affiliates (collectively, “us”, “we”, “our”, or “Panda Pilates”).By accessing or using the Service, you (“you” and, together with all persons accessing or using the Service, collectively, the “Users”) agree to be bound by this Terms of Service Agreement (“Agreement”). Your use of the Website or Service constitutes acceptance of this Agreement in its entirety, including all policies referenced herein.

‍PLEASE READ THIS AGREEMENT CAREFULLY. IT GOVERNS YOUR USE OF THE SERVICE AND CONTAINS IMPORTANT TERMS REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING LIMITATIONS OF LIABILITY, INDEMNIFICATION, AND DISPUTE RESOLUTION. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USE OF THE SERVICE.
‍For questions about this Agreement, contact. Our Privacy Policy, available at here, details how we collect, use, and protect your personal information.

‍1. Changes to This Agreement
Panda Pilates reserves the right, at its sole discretion, to modify, amend, or replace this Agreement at any time. We will post the revised Agreement on the Website with the effective date noted at the top. Changes become effective immediately upon posting unless stated otherwise. Continued use of the Service after revisions constitutes acceptance of the updated terms. You are responsible for reviewing this Agreement periodically to stay informed of changes. Panda Pilates may, but is not obligated to, notify Users of material changes via email or Website notices. If you disagree with any changes, your sole remedy is to discontinue using the Service.

‍2. Your Account and Security
To access certain features of the Service (e.g., class bookings, memberships), you must create a User Account by providing accurate, current, and complete registration information (“Registration Data”). You agree to promptly update your Registration Data to maintain its accuracy. You are solely responsible for:All activities under your User Account, including unauthorized access or use by third parties.Maintaining the confidentiality of your login credentials (e.g., passwords).Immediately notifying Panda Pilates of any suspected security breaches or unauthorized account activity.Panda Pilates reserves the right to suspend or terminate accounts with incomplete, false, or outdated information. You may not create multiple accounts, impersonate others, or use accounts for commercial purposes without explicit written consent from Panda Pilates.

‍3. Consent to Electronic Communications
By creating a User Account or using the Service, you consent to receive electronic communications from Panda Pilates, including:Transactional notices (e.g., booking confirmations, payment receipts).Service-related updates (e.g., class cancellations, policy changes).Promotional materials (e.g., newsletters, offers).You may opt out of promotional emails by following unsubscribe instructions in such messages. Transactional and legal notices are exempt from opt-out requests.

‍4. Definitions
“Content”: All materials on the Service, including text, images, videos, audio, software, and designs.
‍“User Content”: Content submitted, uploaded, or shared by Users (e.g., profile photos, reviews).
‍“Service Content”: All Content provided by Panda Pilates or its licensors, excluding User Content.

‍5. User Content and Licenses

5.1 Ownership: You retain ownership of User Content but grant Panda Pilates a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such Content in connection with the Service. This license terminates when you delete Content or close your account, except for copies retained for backup or legal purposes.

‍5.2 Warranties: You represent and warrant that: You own or have legal rights to all User Content.
User Content does not infringe third-party rights (e.g., copyrights, privacy, trademarks).User Content complies with all applicable laws and does not contain harmful, defamatory, or unlawful material.

‍5.3 Indemnification: You agree to defend, indemnify, and hold harmless Panda Pilates from any claims, damages, or expenses arising from your User Content’s violation of third-party rights or laws.

‍5.4 Moderation: Panda Pilates reserves the right (but not the obligation) to monitor, remove, or disable access to User Content that violates this Agreement, without prior notice.

‍6. Service Content and Intellectual Property
All Service Content, including trademarks, logos, class formats, and proprietary methodologies (e.g., “Panda Pilates®”), is owned by Panda Pilates or its licensors and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from Service Content without prior written consent.

‍7. Acceptable Use and Prohibited Conduct
You agree not to:
Use the Service for unlawful purposes or in ways that harm Panda Pilates, Users, or third parties.
Reverse engineer, decompile, or exploit vulnerabilities in the Service.
Upload viruses, spam, or malicious code.
Harass, stalk, or intimidate other Users.
Share false, misleading, or defamatory Content.
Bypass security measures or access unauthorized areas of the Service.
Violations may result in account suspension, termination, or legal action.

‍8. Third-Party Services and Links
The Service may integrate with third-party platforms (e.g., Mindbody Online for bookings) or contain links to external websites. Panda Pilates is not responsible for third-party content, privacy practices, or terms of use. Transactions with third parties are solely at your risk.

‍9. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PANDA PILATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, ERROR-FREE, OR SECURE SERVICE OPERATION.

‍10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PANDA PILATES AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (E.G., LOST PROFITS, DATA LOSS).DAMAGES ARISING FROM UNAUTHORIZED ACCOUNT ACCESS, THIRD-PARTY ACTIONS, OR FORCE MAJEURE EVENTS.IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO PANDA PILATES IN THE 12 MONTHS PRIOR TO THE CLAIM.

‍11. Indemnification
You agree to defend, indemnify, and hold harmless Panda Pilates, its directors, employees, and agents from claims arising out of:
Your breach of this Agreement.
Your User Content or misuse of the Service.
Violation of third-party rights or laws.

‍12. Governing Law and Dispute Resolution
This Agreement is governed by the laws of British Columbia, Canada. Any disputes shall be resolved exclusively in the courts of British Columbia. You waive objections to jurisdiction or venue.

‍13. Termination
Panda Pilates reserves the right to terminate or suspend your access to the Service, with or without cause, at any time. Upon termination, your license to use the Service ceases immediately.

14. Miscellaneous Severability: If any provision is deemed unenforceable, the remainder of the Agreement remains valid.
‍Assignment: Panda Pilates may transfer this Agreement to successors; you may not assign your rights without our consent.
‍Waiver: Failure to enforce a provision does not waive our right to do so later.
‍Entire Agreement: This Agreement supersedes prior agreements and constitutes the full understanding between you and Panda Pilates.

‍Contact Information
Panda Pilates Ltd.
Email: health@pandaclinic.ca
Mailing Address: 4885 Kingsway #510, Burnaby, BC V5H 4T6