Conditions of Use #
The last time these Terms of Service (“Terms”) were amended was on April 26, 2022.
The objective of Physiodemy is to improve people’s lives via education. We make it possible for anybody, anywhere, to develop and distribute educational content (instructors), as well as to learn from that information (students). Our marketplace approach is the most effective way for us to provide our users with quality instructional information. For you, us, and our student and instructor community, we need regulations to keep our platform and services safe. These Terms govern your use of the Physiodemy website, mobile apps, TV apps, APIs, and other associated services (“Services”).
You must also agree to the Instructor Terms if you want to publish a course on the Physiodemy platform. Our Privacy Policy also contains information about how we handle personal information about our students and educators. You can read our Physiodemy Business Privacy Statement if you’re using Physiodemy as part of your employer’s Physiodemy Business learning and development programme.
By agreeing to these Terms, if you live in the United Kingdom, you agree to resolve issues with Physiodemy through binding arbitration (with very limited exceptions, not in court), and you relinquish certain rights to participate in class actions, as outlined in the Dispute Resolution section.
Contents Table of Contents
1. Financial Statements
2.Content Enrollment and Lifetime Access
3. Payments, Credits, and Refunds
4.Rules for Content and Behaviour
5. Physiodemy’s Rights to Content You Post
6. Using Physiodemy at Your Own Risk
7. The Rights of Physiodemy
Terms and Conditions of Subscription
9. Legal Terms That Don’t Fit In Any Other Category
10. Alternative Dispute Resolution
11. Keeping These Terms Up-to-Date
12. How to Get in Touch
1. Financial Statements #
For the majority of our platform’s features, you’ll need to create an account. Because you’re responsible for every activity linked with your account, keep your password somewhere safe. Please notify our Support Team if you feel someone else is using your account. To use Physiodemy, you must have reached the age of consent for internet services in your country.
Most activities on our platform require an account, including purchasing and accessing content and submitting content for publication. You must provide and continue to provide correct and complete information, including a valid email address, when creating and maintaining your account. You are solely responsible for your account and everything that occurs on it, including any harm or damage caused by someone using your account without your consent (to us or anyone else). As a result, you must be cautious when selecting a password. You may not transfer your account to or utilise the account of another person. If you contact us to request account access, we will not allow it unless you can provide us with the information we need to verify that you are the account’s owner. In the event of a user’s death, that user’s account will be closed.
Your account login information must not be shared with anyone else. Physiodemy will not intervene in disputes between students or instructors who have shared account login passwords because you are responsible for what happens with your account. You must contact our Support Team right once if you feel someone else is using your account without your permission (or if you suspect any other security violation). We may ask for some information from you to verify that you are the account’s owner.
To create an account on Physiodemy and use the Services, students and instructors must be at least 18 years old. You may not set up an account if you are under the age of 18 but over the age required for consent to use online services where you live (for example, 13 in the United States or 16 in Ireland), but we encourage you to invite a parent or guardian to do so and assist you in accessing content that is appropriate for you. You may not create a Physiodemy account if you are under the age of permission to use internet services. We will cancel your account if we discover that you have established an account that breaches these rules. Before you can submit work for publication on Physiodemy, you may be asked to authenticate your identity under our Instructor Terms.
By following the steps outlined here, you can cancel your account at any time. Check out our Privacy Policy to learn more about what happens if you cancel your account.
2. Content Enrollment and Access for Life #
You acquire a licence from us to see a course or other content via the Physiodemy Services and no other usage when you enrol in it. In no way, shape, or form, try to transfer or resell content. Except when we are required to block content due to legal or policy reasons, or for enrollments via Subscription Plans, we normally provide you a lifetime access licence.
When instructors post content on Physiodemy, they provide Physiodemy a licence to deliver such content to students under our Instructor Terms. This means we have the right to sublicense the content to students who are enrolled. When you enrol in a course or other content, whether free or paid, you are granting Physiodemy a licence to see that content through the Physiodemy platform and Services, and Physiodemy is the licensor of record. You are granted a permission to use the content rather than being sold it. You do not have the right to resell the content in any way under this agreement (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).
In legal terms, Physiodemy grants you (as a student) a limited, non-exclusive, non-transferable licence to access and view the content for which you have paid all required fees through the Services, solely for your personal, non-commercial, educational purposes, in accordance with these Terms and any conditions or restrictions associated with the specific content or feature of our Services. All other uses are strictly forbidden. Unless we give you explicit permission to do so in a written agreement signed by a Physiodemy authorised representative, you may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content. This holds true for content accessed through any of our APIs.
When students enrol in a course or other content, we usually give them a lifetime access licence. However, we reserve the right to revoke any licence to access and use any content at any time if we decide or are required to disable access to the content for legal or policy reasons, such as if the course or other content you enrolled in is the subject of a copyright complaint or if it violates our Trust & Safety Guidelines. This licence does not apply to Subscription Plans or add-on features and services linked with the course or other content you enrol in. Instructors, for example, can opt at any time to stop providing instructional support or Q&A services in connection with the content. To be clear, the course information is accessible for life, but not the instructor.
Instructors may not directly award students licences to their content, and any such direct licence is void and a violation of these Terms.
3. Refunds, credits, and payments #
You agree to use a valid payment method when you make a payment. Physiodemy offers a 30-day refund or credit for most material purchases if you aren’t satisfied.
3.1 Costing
The prices of Physiodemy content are regulated by the terms of the Instructor Terms as well as our Promotions Policy. Due to mobile platform providers’ pricing structures and restrictions regarding implementing sales and promotions, the price of content offered on the Physiodemy website may differ slightly from the price offered on our mobile or TV applications.
We conduct promotions and sales for our content on occasion, during which selected content is accessible at a reduced price for a limited time. The price that applies to the content will be the price at the moment that you finish your content purchase (at checkout). Because certain of our specials are exclusively available to new users, any price provided for particular content may alter when you are logged into your account from the price available to users who aren’t registered or logged in.
When you log into your account, the listed currency is determined by your location at the time you created your account. If you are not connected into your account, the price currency is determined by your location. Users are not able to view pricing in other currencies.
If you are a student in a country where consumer transactions are subject to use and sales tax, goods and services tax, or value added tax, we are responsible for collecting and remitting such tax to the appropriate tax authorities. Depending on your area, such taxes may be included in the price you see, or they may be applied at checkout.
Payments (3.2)
You agree to pay the fees associated with the content you purchase, and you authorise us to charge your debit or credit card or handle other forms of payment (such as paypal or direct debit) on your behalf. Physiodemy collaborates with payment service providers to provide you with the most convenient payment ways available in your country while also safeguarding your financial information. Our payment service providers may give us with information that allows us to update your payment options. For additional information, please see our Privacy Policy.
You agree not to use an invalid or unauthorised payment method when you make a transaction. You agree to pay us the associated payments within thirty (30) days of receiving notification from us if your payment method fails and you still have access to the content you are enrolling in. We reserve the right to restrict access to any content for which we have not been paid in full.
3.3 Refunds and Credits for Refunds
If the content you purchased is not what you expected, you can request that Physiodemy apply a refund to your account within 30 days of your purchase. This refund option does not apply to purchases of Subscription Plans, which are addressed in Section 8.4 below. Depending on the capabilities of our payment service providers, the platform from where you purchased your content (website, mobile, or TV app), and other circumstances, we retain the right to apply your return as a refund credit or a refund to your original payment method. If you request a refund after the 30-day guarantee period has expired, you will not receive a refund. If the content you previously purchased is disabled for legal or policy reasons, you are eligible for a refund once the 30-day period has passed. In cases of suspected or confirmed account fraud, Physiodemy reserves the right to repay students after the 30-day period has passed.
Follow the steps outlined here to seek a refund. Instructors acknowledge that students have the right to receive these returns, as stated in the Instructor Terms.
If we decide to award refund credits to your account, they will be applied automatically to your next content purchase on our website, but not to purchases made through our mobile or TV apps. Unless otherwise required by applicable legislation, refund credits may expire if not used within the stated time period and have no cash value.
If we believe you are abusing our refund policy, such as if you have consumed a significant portion of the content you want to refund or if you have previously refunded the content, we reserve the right to deny your refund, restrict you from receiving other future refunds, ban your account, and/or restrict all future use of the Services at our discretion. You will not be entitled for a refund if we suspend your account or disable your access to the content as a result of your violation of these Terms or our Trust & Safety Guidelines. You can find more information about our refund policy here.
3.4 Promotional and Gift Codes
Students may be offered gift and promotional codes from Physiodemy or our partners. Certain codes can be redeemed for gift or promotional credits on your Physiodemy account, which can then be used to buy qualifying content on our platform, subject to the terms of the codes. Other codes may be redeemed for specific content directly. Our mobile and TV applications do not accept gift or promotional credits for purchases.
If not utilised within the time period provided in your Physiodemy account, these coupons and credits, as well as any promotional value associated with them, may expire. Unless otherwise specified in the restrictions included with your codes or as required by applicable legislation, gift and promotional codes supplied by Physiodemy may not be reimbursed for cash. A partner’s gift and promotional codes are subject to the refund terms of that partner. Physiodemy may choose which of your stored credit amounts to use to your purchase if you have numerous saved credit amounts. For further information, see our Support Page and any terms contained with your codes.
4. Rules for Content and Behaviour #
Physiodemy can only be used for legal purposes. You are solely responsible for the content you publish on our platform. You must comply with our Trust & Safety Guidelines and the law while posting reviews, questions, posts, courses, and other content, and you must respect the intellectual property rights of others. We have the authority to suspend or terminate your account if you commit repeated or serious crimes. Let us know if you believe someone is infringing on your copyright on our platform.
You may not access or use the Services for illegal purposes, nor may you create an account. Your activity on our platform and usage of the Services must comply with applicable local or national laws and regulations in your country. You are solely responsible for becoming aware of and complying with any applicable laws and regulations.
If you are a student, the Services allow you to ask instructors questions about courses or other content you are enrolled in, as well as publish content reviews. The instructor may ask you to submit content as “homework” or assessments for certain topics. Anything that is not yours should not be posted or submitted.
You can submit content for publishing on the site and engage with students who have registered in your courses or other content if you are an instructor. You must follow the law and respect the rights of others in both cases: you may not publish any course, question, response, review, or other content that violates your country’s applicable local or national laws or regulations. You are completely responsible for the consequences of any courses, content, or activities you post or take on the platform and Services. Before you submit any information for publication on Physiodemy, be sure you understand all of the copyright restrictions outlined in the Instructor Terms.
If we receive notice that your course or content violates the law or the rights of others (for example, if it is established that it violates others’ intellectual property or image rights, or is about illegal activity), if we discover that your content or behaviour violates our Trust & Safety Guidelines, or if we believe your content or behaviour is unlawful, inappropriate, or objectionable (for example, if you impersonate someone else), we may remove your content. Copyright laws are followed by Physiodemy. For additional information, see our Intellectual Property Policy.
Physiodemy has the right to enforce these Terms and our Trust & Safety Guidelines at its discretion. We may restrict or terminate your access to our platform and Services, or ban your account, at any time, with or without notice, for any reason, including any violation of these Terms, failure to pay any fees when due, fraudulent chargeback requests, upon the request of law enforcement or government agencies, extended periods of inactivity, unexpected technical issues or problems, or if we suspect that you are engaging in fraudulent or illegal activity. We may erase your account and content, as well as restrict your access to the platforms and use of our Services, if we terminate your account. Even if your account is cancelled or suspended, your material may still be available on the platforms. You agree that if we terminate your account, remove your material, or block your access to our platforms and services, we shall have no liability to you or any other person.
Please notify us if a user has published content that infringes on your copyright or trademark rights. Our Instructor Terms demand that our instructors follow the law and respect other people’s intellectual property rights. See our Intellectual Property Policy for more information on how to register a copyright or trademark infringement claim with us.
5. Physiodemy’s Rights in Your Content #
You maintain ownership of all content, including your courses, that you submit to our site. We have permission to distribute your content with anyone via any medium, including advertising on other websites.
As a student or instructor, the content you submit (including courses) is yours to keep. By submitting courses and other content, you provide Physiodemy permission to reuse and share it, but you retain all ownership rights in your content. If you’re an instructor, make sure you’re familiar with the material licencing terms under the Instructor Terms.
You authorise Physiodemy to use and share this content with anyone, distribute and market it on any platform and in any media, and make adjustments or alterations to it as we see fit when you publish content, comments, questions, reviews, or submit ideas and recommendations for new features or enhancements.
In legalese, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods by submitting or posting content on or through the platforms (existing now or later developed). This includes making your content available to other companies, organisations, or individuals who work with Physiodemy to syndicate, broadcast, distribute, or publish content on other media, as well as marketing your content. To the extent permitted by law, you also waive any rights to privacy, publicity, or other rights of a similar character that apply to all of these uses. You represent and warrant that you have all of the necessary rights, power, and authority to allow us to utilise any content you provide. You also accept that you will not be compensated for any such usage of your content.
6. At Your Own Risk When Using Physiodemy #
Anyone can develop and share information on Physiodemy, and we make it possible for instructors and students to interact for teaching and learning. Some things can go wrong on Physiodemy, just as they may on other platforms where users can upload content and communicate, and you use it at your own risk.
We do not check or modify content for legal reasons, and we are unable to assess the legality of content due to our platform architecture. We have no editorial control over the content available on the platform, and as a result, we cannot guarantee the content’s trustworthiness, validity, correctness, or veracity in any way. If you access content, you do so at your own risk and rely on any information provided by an instructor.
You may be exposed to content that you find offensive, indecent, or objectionable as a result of using the Services. To the extent permitted by law, Physiodemy has no responsibility to hide such content from you and no liability for your access to or enrolment in any course or other content. This includes any content related to health, wellness, or physical activity. You recognise the inherent risks and dangers in the strenuous nature of this sort of information, and you choose to incur such risks voluntarily by accessing such content, including the risk of disease, bodily harm, disability, or death. Before, during, and after your access to the content, you are solely responsible for the decisions you make.
When you contact directly with a student or an instructor, you must be cautious about sharing personal information. While we restrict the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. For your own protection, you should not share your email or any other personal information about yourself.
We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not responsible for any disputes, claims, losses, injuries, or damage arising from or related to the actions of instructors or students.
You will find connections to other websites that we do not own or control when you use our Services. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
7. Physiodemy’s Rights #
We own the Physiodemy platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the Physiodemy platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of Physiodemy and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of United Kingdom. Nothing gives you a right to use the Physiodemy name or any of the Physiodemy trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Physiodemy or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Physiodemy platform and Services:
access, tamper with, or use non-public areas of the platform (including content storage), Physiodemy’s computer systems, or the technical delivery systems of Physiodemy`s service providers.
disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Physiodemy platform or Services.
access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Physiodemy); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
8. Subscription Terms #
This section covers additional terms that apply to your use of our subscription-based collections as a student (“Subscription Plans”). By using a Subscription Plan, you agree to the additional terms in this section. Note that use of Physiodemy Business is not subject to these Terms, but is instead governed by the agreement between Physiodemy and the subscribing organization.
8.1 Subscription Plans #
During your subscription to a Subscription Plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that Subscription Plan via the Services. With the exception of the lifetime access license grant, the terms included in the “Content Enrollment and Lifetime Access” section above apply to enrollments via Subscription Plans.
The subscription that you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else.
We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content through a Subscription Plan. Additional information on our right to revoke is included in the “Content Enrollment and Lifetime Access” section.
8.2 Account Management #
You may cancel your subscription by following the steps outlined on our Support Page. If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription, unless otherwise required by applicable law. For clarity, cancellation of a subscription does not terminate your Physiodemy account.
8.3 Free Trials & Renewals #
Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up. Physiodemy determines free trial eligibility at our sole discretion and may limit eligibility or duration. We reserve the right to terminate the free trial and suspend your subscription if we determine that you aren’t eligible.
We will charge the subscription fee for your next billing cycle at the end of the free trial period. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel your subscription prior to the end of the free trial period. For more information on how to view applicable fees and dates of your free trial period, visit our Support Page.
8.4 Payments and Billing #
The subscription fee will be listed at the time of your purchase. You can visit our Support Page to learn more about where to find the fees and dates applicable to your subscription. We may also be required to add taxes to your subscription fee as described in the “Payments, Credits, and Refunds” section above. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law. Depending on where you are located, you may qualify for a refund. See our Refund Policy for Subscription Plans for additional information.
To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees.
In the event that we update your payment method using information provided by our payment service providers (as described in the “Payments, Credits, and Refunds” section above), you authorize us to continue to charge the then-applicable fees to your updated payment method.
If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription.
We reserve the right to change our Subscription Plans or adjust pricing for our Services at our sole discretion. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law.
8.5 Subscription Disclaimers #
We make no guarantees as to the availability of any specific content in any Subscription Plan or as to any minimum amount of content in any Subscription Plan. At any point in the future, we reserve the right to offer or cease to offer additional features to any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion. These disclaimers are in addition to those listed in the “Disclaimers” section below.
9. Miscellaneous Legal Terms #
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
9.1 Binding Agreement #
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Physiodemy. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are an instructor, the Instructor Terms and the Promotions Policy).
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (Content Enrollment and Lifetime Access), 5 (Physiodemy’s Rights to Content You Post), 6 (Using Physiodemy at Your Own Risk), 7 (Physiodemy’s Rights), 8.5 (Subscription Disclaimers), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).
9.2 Disclaimers #
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Physiodemy or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
9.3 Limitation of Liability #
There are risks inherent to using our Services, for example, if you access health and wellness content like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
9.4 Indemnification #
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Physiodemy, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
9.5 Governing Law and Jurisdiction #
When these Terms mention “Physiodemy,” they’re referring to the Physiodemy entity that you’re contracting with. If you’re a student, your contracting entity and governing law will generally be determined based on your location.
If you’re a student located in India, you’re contracting with Physiodemy India LLP and these Terms are governed by the laws of India, without reference to its choice or conflicts of law principles, and you consent to the exclusive jurisdiction and venue of the courts in Delhi, India.
If you’re a student located in a geographical region other than India, or if you’re accessing our Services as an instructor, you’re contracting with Physiodemy, Inc. and these Terms are governed by the laws of the State of California, USA without reference to its choice or conflicts of law principles. In cases where the “Dispute Resolution” section below doesn’t apply to you, you consent to the exclusive jurisdiction and venue of federal and state courts in San Francisco, California, USA.
9.6 Legal Actions and Notices #
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to notices@Physiodemy.com).
9.7 Relationship Between Us #
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
9.8 No Assignment #
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
9.9 Sanctions and Export Laws #
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren’t located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.
If you become subject to such a restriction during the term of any agreement with Physiodemy, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Physiodemy).
You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
10. Dispute Resolution #
If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.
This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
10.1 Small Claims #
Either of us can bring a claim in small claims court in (a) San Francisco, California, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.
10.2 Going to Arbitration #
If we can’t resolve our dispute amicably, you and Physiodemy agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
10.3 The Arbitration Process #
Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
10.4 No Class Actions #
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
10.5 Changes #
Notwithstanding the “Updating these Terms” section below, if Physiodemy changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Physiodemy written notice of such rejection by mail or hand delivery to Physiodemy Attn: Legal, 600 Harrison Street, 3rd Floor, San Francisco, CA 94107, or by email from the email address associated with your Account to notices@Physiodemy.com, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Physiodemy in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.
11. Updating These Terms #
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Physiodemy reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
12. How to Contact Us #
The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.
Thanks for teaching and learning with us!
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