Terms of Service

1. Who these terms are between

These Terms of Service (the “Terms”) form an agreement between Massimo Faulkner, carrying on business as Movently (“Movently”, “we”, “us”) and the business or person who creates a Movently account (“you”, “your studio”). By creating an account or using the service, you agree to them.

If you accept these Terms on behalf of a business, you confirm you are authorised to bind that business.

2. What the service is

Movently is software your studio uses to publish a booking page, schedule classes, take reservations and payments, sell memberships and on-demand videos, and manage the people who train with you. We provide the software and its hosting; we do not deliver classes, employ your instructors, or provide the services your clients pay you for.

We add, change and occasionally retire features. Where a change materially reduces functionality you rely on, we will give reasonable notice.

3. Movently is in beta

Movently is in beta. It is a working product that studios run their business on, and it is billed like any other subscription — the beta is not free and is not a trial. It is also still moving quickly: features arrive, change shape, and are occasionally withdrawn, and access is by invitation rather than open signup.

Practically, that means you should expect more change than from a mature product, and the occasional rough edge. Some features are marked as beta or preview inside the app. Plan limits, including the ones with numbers attached in section 5, may be adjusted as we learn what studios actually use — but never in a way that reduces what you have already paid for during a term in progress.

The beta changes nothing about how we treat your data. Sections 9, 13 and our Privacy Policy apply in full: your studio’s information is not held to a lower standard because the product is young.

We will tell you before the beta ends. Ending it does not change your price on its own — the price agreed with you continues to apply until it is changed under section 5.

4. Your account

You are responsible for what happens under your account, including everything your staff and instructors do with the access you grant them. Keep credentials secure and remove access promptly when someone leaves.

You must be able to enter a binding contract and must use Movently only for a lawful business.

5. Plans, limits and billing

Movently is invite-only while it is in beta, and there is no free trial. Your price is agreed with you before you sign up, and your first term is charged when you do. Your plan then renews automatically for successive terms until you cancel.

Your fee is the one set out in writing when you sign up, and it is charged in advance for each term through our payment processor. Except where the law requires otherwise, fees already paid are not refundable; cancelling stops the next renewal rather than refunding the current term.

What your studio can do depends on the plan you are on. Plans differ in which features they unlock — memberships, the video library, class waitlists, automated class reminders, custom staff roles, Zoom, sending from your own domain, a custom web domain, theme and SEO controls — and in two limits that carry a number:

• Management seats — how many people (admins and instructors) can sign in to run the studio: one on Basic, five on Growth, unlimited on Premium.
• Hosted video — the total running time of the video library we host for you: none on Basic, 1,000 minutes on Growth, 2,500 minutes on Premium. Section 8 covers how this is measured.

Your current plan and its limits are shown in your subscription settings, and your video usage is shown against its allowance on the Videos page. Features your plan does not include are simply not shown to you, rather than displayed and refused.

Moving to a lower plan does not delete anything you have already created. Your memberships keep billing and your video library stays intact — sections 7 and 8 set out exactly what happens to each — but you may find you can no longer add to them, and staff over a lower seat limit may lose management access.

We may change our prices. A price change takes effect at your next renewal, and we will tell you before it does, so you can cancel first if you prefer.

While the beta lasts you cannot change plans from inside the app, because your price was negotiated rather than taken from a list. Write to us and we will move you.

If a payment fails, we may retry it and, after notice, suspend the account until it is settled.

6. Payments from your clients

Payments from your clients are processed by Stripe, under your own Stripe account connected to Movently. Money moves from your client to you; Movently does not hold your funds. Your use of Stripe is governed by Stripe’s own agreement with you, and Stripe may require identity and business information to keep your account in good standing.

You are responsible for what you sell, for your own pricing, taxes, refunds and cancellation policy, and for handling disputes and chargebacks with your clients.

7. Memberships you sell

On plans that include them, you can sell recurring memberships: a plan that charges your client automatically every month, quarter or year until it is cancelled. Each one is a Stripe subscription on your own connected account. The agreement to pay is between your client and you; we provide the machinery.

You set every term of it — the price, the interval, any free trial, any minimum number of cycles before a member may cancel, what each cycle entitles them to, and whether unused credits carry over. You also decide, in your membership settings, whether members may pause or cancel by themselves and within what limits.

Because the contract is yours, so is the disclosure. Telling your clients what a membership costs, how often it will be charged, and how to stop it belongs in the terms you publish to them, not in ours. Consumer-protection rules about recurring charges apply to you as the seller.

Cancelling a membership stops the next renewal. It does not refund a cycle already paid, and the member keeps that cycle’s entitlement until it runs out. Editing a membership plan does not change what existing members pay: they keep the price and terms captured when they subscribed.

Memberships keep billing regardless of which plan you are on with us. If your Movently subscription moves to a tier that does not include memberships, we do not cancel your members’ subscriptions — silently stopping your revenue would be worse than leaving it running — and the memberships book stays available on every tier so you can still pause, cancel or refund. What a lower tier removes is the ability to sell new ones.

The same is true if you leave. Your members’ subscriptions live on your Stripe account and do not stop because your Movently account closed; cancelling or migrating them before you go is yours to do.

8. Your video library

On plans that include it, you can upload pre-recorded video to Movently and put it in front of clients — sold as a video service, bundled into a membership, or shared as a recording of a class with the people who were registered for it. Video is hosted and delivered by Cloudflare Stream and played through short-lived signed links, so a copied URL stops working rather than becoming a public one.

The allowance in section 5 is measured as total running time across your library, not as file size, storage or views. Only video we host counts: a video you have merely linked from somewhere else consumes none of it. A single upload may not exceed four hours.

When the library is full, new uploads are refused until you delete something. Nothing already uploaded stops working, and we will not bill you for an overage you did not agree to.

Moving to a plan without the video library deletes nothing. The library stays, and it becomes sellable and visible again if you upgrade; what stops is uploading and selling. Deleting a studio’s media over a plan change is not something you could undo, so we do not do it.

The video is yours, and so is the responsibility for having the rights to it — the footage, the music in it, and the right to record and publish everyone who appears in it, clients included. If we receive a credible claim that a video infringes someone’s rights or breaks the law, we may take it down, and we will tell you why.

Your video is deleted along with the rest of your data when your account closes, on the schedule in section 13. It is not included in a data export, so keep your own copies of anything you want to leave with.

9. Your data and your clients’ data

Everything you put into Movently — your schedule, your branding, your client records — stays yours. We claim no ownership of it. You grant us only the permission we need to host, process, back up and display it in order to run the service for you.

For personal information about your clients, you are the controller and Movently acts as your processor. That means, for as long as we hold it, we:

• process it only to provide the service, on your documented instructions, and not for our own purposes;
• do not sell it, and do not use it to market to your clients;
• restrict access to staff who need it to operate or support the service, under confidentiality obligations;
• engage the subprocessors listed in our Privacy Policy, and hold them to equivalent obligations;
• apply the security measures described in our Privacy Policy;
• notify you without undue delay if we become aware of a confidentiality incident affecting your data, with what we know, so you can meet your own reporting duties;
• help you respond to a client exercising their rights of access, rectification, withdrawal of consent or portability;
• return or delete the data when your account ends, as described below.

10. Acceptable use

You agree not to use Movently to:

• break the law, or infringe anyone’s rights;
• upload content you do not have the rights to, including video and images;
• send unsolicited commercial messages to people who did not agree to hear from you;
• probe, scan, overload or interfere with the service or its security, or attempt to reach another studio’s data;
• resell or white-label the service as your own product without our written agreement.

11. Availability and support

We work to keep Movently available and quick, but we do not promise uninterrupted service. Maintenance, third-party outages and incidents happen. We do not currently offer a contractual uptime guarantee; if we introduce one, it will be stated here.

Support is by email at contact@usemovently.com. We aim to answer within one business day.

12. Ending the agreement

You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing term, and your studio keeps working until then.

We may suspend or end an account that materially breaches these Terms, that is being used unlawfully, or that has unpaid fees. Except where the breach is serious or unlawful, we will give you notice and a reasonable chance to fix the problem first.

13. Getting your data out

Your payment records can be exported from the admin console at any time. For a complete copy of your studio’s data — clients, bookings, classes, services and settings, as structured files — ask us and we will produce one. Video files are not part of it; see section 8.

After an account closes we keep the data for 30 days so a cancellation can be reversed and an export can still be requested, then delete it from our live systems. Encrypted backups age out on their own cycle, within 12 months.

Records we are legally required to keep — invoices and tax records in particular — are kept for as long as the law requires.

14. Our intellectual property

The Movently software, its design and its name remain ours. These Terms grant you a non-exclusive, non-transferable right to use the service during your subscription, and nothing more.

If you send us feedback or a feature idea, we may use it without obligation to you. We will not identify your studio in marketing without your permission.

15. Third-party services

Movently depends on third parties to run — payments, email, video hosting, infrastructure. They are listed in our Privacy Policy. Their own terms govern their part of the service, and an outage or change on their side can affect yours.

16. Disclaimers

Except as these Terms expressly state, and to the extent the law allows, the service is provided “as is”. We do not warrant that it will be error-free, or that it will meet a requirement we have not agreed to in writing.

Nothing here limits rights you have under applicable consumer protection law that cannot be limited by agreement.

17. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental or consequential losses, or for lost profits, revenue or goodwill.

Our total liability arising out of or relating to the service is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

These limits do not apply to your obligation to pay fees, to either party’s gross negligence or wilful misconduct, or to anything that cannot be limited by law.

18. Indemnity

You will defend and indemnify us against third-party claims arising from the content you publish through Movently, from the services you sell to your clients, or from your breach of these Terms.

19. Changes to these Terms

We may update these Terms. For a material change we will give notice — by email or in the app — before it takes effect. Continuing to use Movently after that date means you accept the updated Terms; if you would rather not, you may cancel.

20. Governing law

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada that apply there. The courts of the judicial district of Montreal have exclusive jurisdiction, without prejudice to any right you have to bring a claim where you live.

21. Contact

Questions about these Terms: contact@usemovently.com.