MakeStep Terms of Service

Updated March 2022

Introduction
Accounts and membership
Use of Devices and Services
Prohibited uses
User content
Ownership and licenses
Adult content
Billing and payments
Monetization
Accuracy of information
Third-party services
Uptime guarantee
Backups
Links to other resources
Intellectual property rights
Disclaimer of warranty
Limitation of liability
Indemnification
Severability
Dispute resolution
Assignment
Changes and amendments
Acceptance of these terms

1. Introduction

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS THE FORM OF A BINDING AGREEMENT BETWEEN YOU AND US.

Welcome to MakeStep services operated by Sarafan Technology, Inc. (collectively “MakeStep”). These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the joinMakeStepjoinMakeStep.com website ("Website"), "MakeStep" mobile application ("Mobile Application")"), and any of their related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Sarafan Technology, Inc ("Sarafan Technology IncMakeStep", "we", "us" or "our"). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. You acknowledge that this Agreement is a contract between you and Sarafan TechnologySarafan Technology Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Services.

Your use of Service is also subject to our Privacy Policy, Disclaimer Policy, DMCA Guidelines, Monetization Policy, Community Guidelines, Terms of Sale (if you use certain paid services offered by MakeStep), as well as any additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines are included in this Agreement by reference.

2. Accounts and membership

You must be at least 13 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the MakeStep services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

The Agreement applies whether you register the account or not register the account. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must keep your account/login data confidential and secure, including your user details and passwords. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. You are responsible for all activity on your account even if someone else uses it. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

3. Use of Devices and Services

Access to the MakeStep Services requires the use of your personal computer or mobile device. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Services.

4. Prohibited uses

MakeStep Principles: MakeStep is a place where people from all over gather in video rooms to workout together, watch, comment, and chat about sports, healthy lifestyles, and wellness. Our goal is to create a community that's tolerant and supportive, in which anyone, regardless of fitness level and condition, can start to engage in exercise and receive support from others. With Makestep we’ll help individuals loosen up, express themselves, and become more self-confident. By putting individuals in the right community, we’ll combat loneliness and instill a sense of recognition and belonging. And finally, we’ll build a healthier nation and lessen the cost burdens of healthcare.

Your access to and use of the Services is subject to this Agreement and all applicable laws and regulations. In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content:

a) to run contests that do not comply with the Makestep principles, context policies, and guidelines;

b) for any unlawful purpose;

c) to solicit others to perform or participate in any unlawful acts

d) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

f) to interfere with or attempt to interfere with the proper working of the Services, disrupt MakeStep Mobile application or Website or any networks connected to the Services;

g) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

h) to promote sexually explicit material, violence;

i) to submit false or misleading information;

j) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products, and services, or the Internet;

k) to spam, phish, pharm, pretext, spider, crawl, or scrape;

l) to use automated scripts, robots, botnets, or scrapers to collect information from or otherwise interact with the Services;

m) for any obscene or immoral purpose;

n) to interfere with or circumvent the security features of the Services, third party products, and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

5. User content

We do not own any data, information, or material (collectively, "Content") that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. 

You may remove your Content from Makestep at any time. If you don’t have the rights to your Content, you must remove it immediately.

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to our users, third parties, or Makestep, we may remove such Content. We can do it without any notification. 

We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you. We use reasonable security measures to protect your Content against unauthorized copying and distribution. However, we don’t guarantee that any unauthorized copying, use, or distribution by third parties will not take place. Security measures to protect Content are used “as-is” with no warranties or other terms of any kind.

6. Ownership and licenses

You confirm that you own all intellectual property right for the Content you submit, display, perform, post, or store using the MakeStep Services. Unless otherwise agreed to in a written agreement between you MakeStep you grant MakeStep worldwide, fully sub-licensable, nonexclusive, royalty-free, unrestricted, and perpetual right (license) to reproduce, display, perform, translate, store, adapt, distribute, make available and communicate to the public, use for commercial, marketing or any similar purpose, and otherwise deal in your Content. The license will continue after your agreement with us ends - MakeStep doesn’t pay you for the license and can transfer it to someone else. 

Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. 

7. Adult content

Please be aware that there may be certain adult or mature content available on the Services. A warning will be shown to the User prior to adult content being displayed. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 18 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Services may not be available to children under 18 under any circumstances.

8. Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. MakeStep accepts payments via the current payment method proposed prior to purchase. You must have a valid accepted form of payment on file in order to purchase a Service or participate in free offers. MakeStep may change prices for any Services. MakeStep does not provide price protection or refunds due to the promotional offering or price drop. If you order any of the Services, you agree to pay for them. MakeStep charges listed price for Service and additional amounts connected to applicable taxes, bank charges, and currency fluctuational. 

Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period).

If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If the payment method on file becomes invalid due to an expired card or other reason and we are unable to charge you on the next billing period, MakeStep reserves the right to immediately revoke your access to any Paid Service you have ordered until you update your payment data. If you fail to update your payment method within a reasonable amount of time, MakeStep may cancel your subscription.

Sensitive and private data exchange happens over an SSL -secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.

MakeStep is required to collect or pay taxes connected with your purchase of the Services. Taxes will be charged to you at any time of each purchase transaction.

You can cancel your purchase and receive a refund as long as you have not commenced using the relevant Services ordered and you make your request no later than 30 working days after your order is completed. MakeStep reserve the right to approve or deny refund requests at our sole discretion, except where the Service is defective. 

You may cancel the subscription to a Service that automatically renews before the end of the current billing period. The Subscription will be stopped on the next billing period. You will have access to the Service from the time you cancel until the end of the current billing period. You will not receive a refund for any remaining days in your current billing period.

If you purchase a subscription to a Service that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the Paid Service from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.

We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

9. Monetization

You grant to MakeStep the right to monetize your Content on the Service. Such monetization includes subscription charges from users and one-time-view charges from users. For the right to monetize your Content MakeStep makes a split of the processed payments from your clients and pays you a portion of the revenue made from subscriptions and one-time-view payments. The split is made according to the Monetization Policy. 

This Agreement does not entitle you to any payments. Any payments you may be entitled to receive from MakeStep under any other agreement between you and MakeStep will be treated as royalties. If required by law, MakeStep will withhold taxes from such payments.

10. Accuracy of information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.

11. Third-party services

If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against MakeStep. with respect to such other services. MakeStep is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Sarafan TechnologySarafan Technology Inc. to disclose your data as necessary to facilitate the use or enablement of such other services.

12. Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

13. Backups

We perform regular backups of the Website and its Content and will do our best to ensure the completeness and accuracy of these backups. In the event of hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.

14. Links to other resources

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be "affiliate links". This means if you click on the link and purchase an item, Sarafan TechnologySarafan Technology Inc. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

15. Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Sarafan Technology new or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Sarafan TechnologySarafan Technology Inc. All trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Sarafan TechnologySarafan Technology Inc. or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Sarafan TechnologySarafan Technology Inc. or third-party trademarks.

Usage of the App in the Apple App Store. This Section 7(d) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple 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 Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, 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. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the App infringe that third party's intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. 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. You must also comply with any applicable third-party terms of service when using the App.

16. Disclaimer of warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

17. Limitation of liability

To the fullest extent permitted by applicable law, in no event will Sarafan TechnologySarafan Technology Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Sarafan TechnologySarafan Technology Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater than one dollar or any amounts actually paid in cash by you to Sarafan TechnologySarafan Technology Inc. for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

18. Indemnification

You agree to indemnify and hold Sarafan TechnologySarafan Technology Inc. and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.

19. Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

20. Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of DelawareDelaware, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

21. Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

22. Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. When we do, we will revise the updated date at the top of this page and in Terms. Continued use of the Services after any such changes shall constitute your consent to such changes.

23. Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

24. Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to support@makestep.com.

This document was last updated on July 07, 2022