Terms of Use

These Terms of Use (the “Terms” or “Agreement”) are made and entered into by and between you (“User,” “you,” or “your”) and FOW, LLC, a Delaware limited liability company doing business as Anyday Studios (referred to in these Terms as the “Company,” "Anyday," “we,” “us,” or “our”), and govern your access to and use of https://app.anyday-studios.com/, which supports certain capabilities, including but not limited to, account creation and sign-in, membership subscription and billing management and profile management, (the “Site”), the Anyday mobile application(s) made available on iOS, Android, or other authorized platforms (collectively, the “App”), and all related features, Content, functionality, memberships, and Services made available through or in connection with the Site or App, whether now or in the future (collectively, the “Platform”).

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A REQUIREMENT TO RESOLVE MANY DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

BY ACCESSING OR USING THE PLATFORM, CREATING AN ACCOUNT, CLICKING TO ACCEPT THESE TERMS, OR ENROLLING IN A MEMBERSHIP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM OR ENROLL IN A MEMBERSHIP.

These Terms, together with our Privacy Policy and any additional policies referenced herein and/or posted on or linked from the Site or App, including but not limited to our Cookie Policy and Targeted Ads Policy, govern your use of the Platform, your subscription to any membership, and your use of any Services made available through the Platform.

We may update these Terms from time to time in our sole discretion. If we make material changes, we will post the updated Terms, update the “Last Updated” date below, and provide any additional notice required by applicable law. Any changes will be effective upon posting or on the later effective date stated in the notice, except to the extent applicable law requires additional notice. Your continued use of the Platform after the updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.

ARBITRATION NOTICE. Except as expressly provided in Section 19, you and the Company agree that most disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or any Services will be resolved through binding individual arbitration and not in court. BY AGREEING TO THESE TERMS, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Please review Section 19 carefully.

1. Overview

The Site allows Users to create and manage Accounts; sign in; subscribe to and manage App memberships; view and manage profile settings; access these Terms, the Privacy Policy, and FAQs,; and preview App content and changes. The App provides guided workout programming, including barre, weight training, and Pilates classes, workout tracking, streaks and achievements, editorial content, and optional social features that let Users connect with friends and follow coaches. The Site, App, their features, content, and memberships are referred to in these Terms as the “Services.”

2. Eligibility

By accessing or using the Platform, creating an Account, or subscribing to a membership, you represent and warrant that you are at least eighteen (18) years old or, if you are under eighteen (18), that you are using the Platform with the consent and supervision of your parent or legal guardian.

If you are a parent or legal guardian who permits a minor to use the Platform, you accept these Terms on behalf of that minor and are responsible for the minor’s use of the Platform.

2.1 Parents and Legal Guardians. If you are a parent or legal guardian who allows your minor children to use the Platform, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Platform. If you (or your parent or legal guardian, as may be applicable) do not agree to these Terms, you may not use our Platform.

3. Accounts and Registration

3.1 Users are not currently required to create an Account to access certain informational portions of the Site. However, an Account is required to access or use the App, including its membership features, and to use the Site’s account and membership-management functions. To create an App Account, you must provide certain information, including but not limited to, your first and last name, email address, a unique handle, and a password, and you must confirm that you are eighteen (18) years of age or older. Your handle must be unique, and you must keep your password confidential. The Company may require account registration for other features or Services, in which case any provision of these Terms referencing an account shall apply to such registered account (an “Account”).

3.2 If an Account is created, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. For an App Account, this information includes your unique handle and password. You agree that any and all information you provide to us is accurate and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your Account and password and for all activities that occur under your Account. You may not share, lend, sell, resell, transfer, or allow any other person to access or use your Account or credentials. If you believe that your Account is no longer secure, then you must immediately notify us at Info@anyday-studios.com.

3.3 You are responsible for all acts and omissions that occur through your Account or through your use of the Platform, whether authorized by you, and any violation of these Terms by you will be treated as a breach of these Terms.

4. General Payment Terms

4.1 Although the Company may, in its discretion, make certain features and content of the Platform available free of charge to certain Users, other features of the Platform may require you to pay fees in accordance with the terms below. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are stated in U.S. Dollars and are non-refundable once paid, except to the extent expressly stated in these Terms, including the subscription cancellation and refund provisions below, or as otherwise required by applicable law.

4.2 App Membership and Subscription Tiers. Full access to the App and its paid features requires an active paid membership, except during any applicable free trial. The available subscription tiers are (a) a monthly membership for $24.99 per month and (b) an annual membership for $225 per year. Unless otherwise stated at purchase, prices are in U.S. Dollars and may be subject to applicable taxes. The applicable tier, price, billing period, renewal terms, and any trial terms will be disclosed before purchase.

4.3 Subscription Purchase Channels. The channel through which you subscribe determines the applicable payment processor, cancellation method, and refund handler. The applicable information is summarized below:

4.3.1 iOS App: Payment processor, Apple In-App Purchase; manage or cancel through your Apple ID subscription settings; refunds handled by Apple.

4.3.2 Android App: Payment processor, Google Play Billing; manage or cancel through your Google Play subscription settings; refunds handled by Google.

4.3.3 Site. Payment processor, Stripe through RevenueCat Web Billing; manage or cancel through your Anyday Account settings or as otherwise stated below or by the Company; refunds handled directly by Anyday.

4.4 Free Trial. New members may be offered a one-week free trial. Unless you cancel before the trial period ends through the channel in which you enrolled, your membership will automatically convert to the selected paid subscription, and your payment method will be charged the then-current price. You may cancel at any time during the trial through that channel and will not be charged. If you do not convert to a paid membership, your Account may remain for return. We may continue to contact you by email at the address on your Account, subject to the Privacy Policy and your ability to unsubscribe.

4.5 Automatic Renewal. All Anyday memberships renew automatically at the end of each billing period at the then-current price, charged to your payment method, until you cancel. For App Store purchases, the renewal charge occurs within 24 hours before the end of the current period, and you must cancel at least 24 hours before the period ends to avoid the renewal charge. Cancellation of an App Store subscription takes effect at the end of the current billing period, and you retain access until then. Site subscriptions are subject to the Site cancellation and refund policy herein and/or uploaded to the Site; cancellation of a Site subscription takes effect immediately.

4.6 Annual Renewal Reminder. For annual subscriptions, including the $225-per-year annual membership, the Company will send a written or electronic renewal reminder notice approximately thirty (30) days, and in any event not less than fifteen (15) days nor more than forty-five (45) days, before the annual renewal date. The Company may also send a courtesy follow-up reminder approximately seven (7) days before the annual renewal date. Each notice will clearly and conspicuously state: (a) the subscription will automatically renew unless cancelled; (b) the length and terms of the renewal period; (c) one or more methods to cancel before renewal; and (d) the Company’s contact information, including FOW, LLC, 314.5 Congress Ave, Austin, TX 78701, and info@anyday-studios.com.

4.7 Subscription Price Changes. We may change subscription prices. We will notify you by email before any price increase, and the new price will take effect at the start of your next billing period. If you do not agree to the new price, you may cancel before it takes effect. Where required by law, a price increase will not take effect until you affirmatively consent to it.

4.8 App Store Purchases; Cancellation and Refunds. If you subscribe through the iOS or Android App, your subscription is governed by Apple’s or Google’s terms in addition to these Terms. You must cancel through your Apple ID or Google Play subscription settings, not through Anyday. Cancellation takes effect at the end of the current billing period, and you retain access until then. Deleting the App or your Account does not cancel an App Store subscription. Apple or Google handles refunds under its standard refund process, and the Company cannot issue refunds for App Store purchases. You must request a refund through Apple’s or Google’s support channels. If Apple or Google issues a refund, access to paid App features will be revoked automatically.

4.9 Site Subscriptions; Cancellation and Refund Policy. This subsection applies only if you subscribe through the Site.

4.9.1 How to Cancel. You may cancel a Site subscription at any time online in your Anyday Account settings, in the same number of steps it took to subscribe. The online cancellation mechanism is accessible without requiring interaction with a live or virtual representative. You may also cancel by emailing info@anyday-studios.com from the email address on your Account. Cancellation stops future renewals and takes effect immediately. Refunds for Site subscriptions are not self-service. Any applicable refund will be handled as described in Section 4.9.3.

4.9.2 Pre-Purchase and Post-Purchase Disclosures. Before you complete a Site purchase, we will clearly and conspicuously disclose the subscription price, billing frequency, automatic renewal until cancelled, deadline to cancel to avoid the next charge, and how to cancel, and we will obtain your affirmative consent to those terms separately from any other terms. After you subscribe, we will send an email acknowledgment restating those terms and the cancellation method and will retain that acknowledgment. Before any free trial converts to a paid subscription, we will send an email reminder that the charge is about to occur and how to cancel.

4.9.3 Refund Window. You may cancel a Site subscription at any time. If you cancel an annual Site membership, you may request a refund by contacting info@anyday-studios.com and/or based on the steps provided to you on the Site. The Company will determine the refund amount, which may be a full refund of the most recent payment or a prorated credit for the unused portion of the prepaid annual term, at the Company’s discretion, based on the circumstances, including how much of the annual term has been used. Refunds are not automatic and are not available through self-service. If you cancel a monthly Site membership, monthly subscription charges are non-refundable, upon cancellation, and your access continues through the end of the current billing period.

4.9.4 Outside the Refund Window. Annual Site memberships are eligible for refund consideration as described in Section 4.9.3. Monthly Site memberships are non-refundable. The Company may issue a discretionary refund or credit, in circumstances such as billing errors or material Platform unavailability. A discretionary refund does not establish precedent.

4.9.5 Refunds We Will Always Honor. Regardless of the refund window, we will refund charges resulting from a billing error on our part, including duplicate charges or charges after a valid cancellation; charges to a payment method used without authorization, once reported to us and verified; and any charge where a refund is required by applicable law. Report these issues to info@anyday-studios.com as soon as you notice them.

4.9.6 Effect of a Refund. Upon issuance of a refund, your subscription is cancelled and your premium access ends immediately, not at the end of the paid period. Your Account remains active, and you may resubscribe at any time. We may decline to offer future free trials to an Account that has received a refund.

4.9.7 Abuse of the Refund Policy. This policy exists to protect members who use the Platform in good faith. We may decline a refund request, and may suspend or terminate an Account, where we reasonably determine that the refund process is being abused, for example, through repeated subscribe-and-refund cycles or refund requests made after substantial use of paid Content during the period charged.

4.9.8 Chargebacks. If you believe you have been charged in error, please contact us before disputing the charge with your bank. If a chargeback is filed, we may suspend the Account pending resolution and may provide your Account and transaction records to the card network as evidence.

4.9.9 Statutory Rights. Nothing in this subsection limits any refund or cancellation right you have under applicable consumer-protection law, including the California Automatic Renewal Law and any federal or state statute governing automatic renewal or online negative-option billing. Where those rights conflict with this policy, the applicable law governs

4.10 Prices. The Company reserves the right to determine pricing for Services and memberships in its sole discretion and may change pricing at any time, subject to the subscription price-change notice and effective-date requirements in these Terms. It is your responsibility to confirm the total price displayed to you before you complete your purchase. We will make reasonable efforts to keep pricing information published on the Site and App up to date. Price changes will not affect purchases already completed, except to the extent expressly disclosed at the time of purchase or required by applicable law. We encourage you to check the Platform periodically for current pricing information. We may also, in our sole discretion, make promotional offers with varying features and legal terms available to select Users. Any such promotional offers, unless made to you and accepted by you, will not apply to your use of the Platform or any Service.

4.11 Authorization. You authorize the Company or, for a subscription purchased through the App, the applicable app store payment processor to charge all amounts applicable for paid features, memberships, and other Services you select, as described in these Terms or published by the Company from time to time, including all applicable taxes, to the payment method you provide and/or associated with your Account. Apple or Google, as applicable, processes charges for App Store subscriptions under its terms; the Company does not receive or store your card number for those purchases. If you pay any fees with a credit, debit, or other payment card through the Site, we or our payment processor may seek pre-authorization or verification of your payment card account prior to your purchase to prevent fraud and/or verify that the payment card is valid and has the necessary funds or credit available to cover your purchase. You hereby authorize the Company and its payment processors to pre-authorize your payment card for the costs and fees incurred with the Platform, memberships, or Services, including any other fees that may be due hereunder.

4.12 Promotions. From time to time, the Company may offer promotional codes, sweepstakes, giveaways, limited-time offers, or similar programs. Such programs may be subject to additional terms, eligibility requirements, geographic restrictions, and expiration dates, which are incorporated herein by reference where applicable. In the event of a conflict between these Terms and the specific terms of a promotional program, the promotional program terms will control solely with respect to that program.

4.13 Payment Processing. When you make a purchase through the Site or App, you authorize the Company and/or the applicable third-party payment processor, including Stripe®, Apple In-App Purchase, Google Play Billing, or RevenueCat Web Billing, as applicable, to charge the payment method you provide for the total amount shown at checkout, including applicable taxes, fees, and other charges disclosed at checkout. For App Store purchases, Apple or Google processes payment under its applicable terms; for Site subscriptions, Stripe processes payment through RevenueCat Web Billing. You further represent and warrant that you are (1) providing true, accurate, current and complete information, and (2) authorized to use such payment method for the purpose of making such purchase. In every case, the Company does not see or store your payment card number. You acknowledge and agree to abide by any applicable terms and conditions of Stripe®, which can be accessed here: https://stripe.com/legal/ssa.

4.14 Delinquent Accounts. We may suspend or terminate your access to the Platform if you owe any amount to us which remains unpaid for a period of thirty (30) days or more. In addition to the amount due we may charge you fees and costs that are incidental to any chargeback or collection of any unpaid amount, including legal fees and costs.

4.15 Service Information. We make reasonable efforts to describe Services accurately, but we do not warrant that descriptions, images, pricing, availability, instructors, programming, Content, or other information on the Platform are accurate, complete, current, or error-free. Services and Platform features may be changed, limited, or discontinued at any time, subject to applicable law. We are not responsible for typographical, pricing, availability, or description errors.

5. No Medical Advice

The Company does not provide medical advice, mental health advice, therapy, diagnosis, treatment, or professional healthcare services. The Platform is not a medical device. Any wellness, fitness, nutrition, lifestyle, or similar content or activity made available through the Platform, including the App’s workout programs, classes, training programs, trainer content, recipes, blogs, FAQs, and additional content is for general informational purposes only and is not tailored to any medical condition. You should consult a physician or other qualified healthcare provider before beginning any exercise, fitness, or wellness program, particularly if you have a medical condition, are pregnant, are recovering from an injury, or take medication. Stop exercising and seek medical attention if you experience pain, dizziness, shortness of breath, or discomfort. You are solely responsible for determining whether you are able to safely participate in any exercise or activity, make and eat any recipe, take any action based on a blog posting or FAQ, and you are responsible for exercising within your own capabilities, and for using proper form and equipment. You use the Services and perform any exercise entirely at your own risk and assume full responsibility for any injury, loss, or damage arising from your participation and use of the Platform.

6. Permitted Use of Submitted Information

Certain features of the Platform may allow you to submit inquiries or other information to us, including your Account, profile, membership, and social features. You agree that any information you provide through the Platform will be accurate, current, and complete, and that you will not submit information that is false, misleading, unlawful, unauthorized, unsolicited, abusive, harassing, fraudulent, defamatory, spam-related, competitive, and/or infringes the rights of any third party. Any misuse of the Platform, including the submission of false, misleading, irrelevant, or inappropriate information, is strictly prohibited. The Company reserves the right, in its sole discretion, to restrict, suspend, or permanently prohibit your access to and use of the Platform if it determines that you have violated this Section or otherwise misused the Platform or its features. You agree to provide accurate and complete profile, account, payment, health, or other information requested or provided for a particular Platform feature and to update the Company promptly if that information changes.

7. Platform Information; Descriptions, Blog Posts, Recipes, and FAQs; Services Disclaimer

Portions of the Platform, including any text, images, graphics, blog postings, recipes, workout plans, frequently asked questions ("FAQs"), promotions, updates, specifications, descriptions, documents, and other materials, content, and information made available on or through the Platform (collectively, "Platform Information"), are provided for general informational and convenience purposes only. While we strive for accuracy, we do not represent or warrant that any Platform Information is accurate, complete, current, error-free, or suitable for any particular purpose, and you acknowledge and agree that the Company is not liable for any actions taken or decisions made in reliance on any Platform Information. Specifically, by merely providing access to the Platform, we do not represent or warrant that: (i) any Platform Information is accurate or complete; (ii) any Platform Information is up-to-date or current; (iii) we have any obligation to update any Platform Information; (iv) the Platform Information is free from technical inaccuracies or programming or typographical errors; (v) the Platform Information is free from changes caused by a third party; (vi) your access to the Platform will be free from interruptions, errors, computer viruses, or other harmful components; (vii) any information obtained in response to questions asked through the Platform is accurate or complete; or (viii) the Platform Information is non-infringing of any third party's intellectual property rights. Platform Information is subject to change without notice and does not constitute a binding offer, guarantee, or commitment by the Company. All images on the Platform are the intellectual property of their respective owners.

Certain portions of the Platform are intended to help Users learn more about the Company and its capabilities and to facilitate general inquiries. Nothing on the Platform constitutes professional advice, medical advice, a binding offer, an acceptance, or a guarantee that any feature, Content, membership, or Service will be available. Access to certain Platform features or memberships may be subject to additional terms, policies, rules, or guidelines, all of which are incorporated into these Terms by reference where applicable.

8. Third-Party Services, Sites, and Partners

8.1 The Platform may contain links to third-party Platforms, including but not limited to social media platforms, web-based platforms, sponsors, and collaborators (“Third-Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content, services, and products on such Third-Party Sites. The content of such Third-Party Sites is developed and provided by others, not by the Company, and we have no control over any content or legal terms contained in any Third-Party Sites. If you access any Third-Party Sites, you are responsible for reviewing and complying with the terms, conditions, and privacy policies that apply to those Third-Party Sites. You should contact the site administrator for those Third-Party Sites if you have any concerns regarding such links or any content located on those Third-Party Sites. Company is not responsible for the content of any linked Third-Party Sites and does not make any representations regarding the content or accuracy of any materials, services, and products on such Third-Party Sites. You should take precautions when downloading files from all Platforms to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites, you do so at your own risk. To the fullest extent permitted under applicable law, you agree to indemnify us and hold us harmless for your access and use of any Third-Party Sites.

8.2 Third-Party Service Providers. The Company does not warrant, endorse, guarantee, or assume any responsibility or liability for any offering by a third party (“Third-Party Service Provider”) through our Platform. If you use any third-party offering in conjunction with the Platform, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of that offering; (ii) we do not control the Third-Party Service Provider or its offering; (iii) your use of that offering is at your own risk; and (iv) we are not responsible and may not be held liable for the offering, or the actions or omissions, of the Third-Party Service Provider. Subject to these disclaimers, we may use certain Third-Party Service Providers to gather data and authenticate information regarding you, your device, and your Account. In some instances, this may require you to accept third-party software tools through the Platform. You further agree we may place cookies and other identifiers on the mobile devices you use to access the Platform or use Services, as specified in these Terms or in our Cookie Policy and Targeted Ads Policy, to which you expressly agree.

8.3 External Shop Links. The App may include a shop feature that links to external websites operated by third-party sellers or affiliate partners. Any purchase made through those links is a transaction between you and the applicable third party and is governed by that party’s terms and privacy policy, including its refund policy. The Company is not a party to those transactions and is not responsible for the third party’s offerings, pricing, availability, fulfillment, returns, refunds, or customer service.

8.4 App Store Terms. Apple: These Terms are between you and Anyday only, not with Apple. Apple is not responsible for the App, the services it provides, or their content and has no obligation to provide maintenance or support. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claim relating to the App or the services it provides, including claims relating to the App, regulatory non-compliance, consumer-protection claims, or third-party intellectual-property claims. Google: These Terms are between you and Anyday only, not with Google. Google is not responsible for the App, the services it provides, or their content, and your use of the Android App is additionally subject to the Google Play Terms of Service. Apple and its subsidiaries, and Google and its subsidiaries, are third-party beneficiaries of these Terms and may enforce them against you.

9. Our Content

9.1 Our Platform contains our proprietary material or material that has been licensed to us, including but not limited to software, text, graphics, images, workout programs, exercise libraries, video, written material, and editorial content (collectively, our “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is the intellectual property of the Company or our licensors and is protected by copyright, trademark, patent, and other intellectual-property rights under U.S. and foreign laws and international conventions. Unauthorized use of our Content may violate copyright, trademark, and other laws. Subject to these Terms and, for paid App Content, your active membership, the Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Content through the Platform solely for your own personal, non-commercial use and, for App Content, personal, non-commercial fitness use. You may not copy, download, record, reproduce, redistribute, publicly perform, display, resell, sublicense, transfer, modify, or create derivative works from the Content, or use the Content for any public, commercial, or competing purpose, except as expressly permitted by the Company in writing. You may not remove any copyright or other proprietary notices. If you violate these Terms, your license to access and use the Content and Platform will automatically terminate, and you must immediately stop using the Content and destroy any copies you have made.

9.2 The trademarks, service marks, and logos of the Company (collectively, the “Company Trademarks”) used and displayed on this Platform are registered and unregistered trademarks or service marks of the Company. Other company and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this Platform without the prior written consent of Company specific for each such use. The Trademarks may not be used in any manner that is likely to cause confusion, mislead others, dilute the applicable owner’s rights, or damage the goodwill associated with the Trademarks. Use of any Trademarks as part of a link to or from any Platform is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademarks shall inure to the Company’s benefit. Certain elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by us. None of the Content for this Platform may be retransmitted without the express written consent from the Company for each and every instance.

9.3 Ownership; Proprietary Rights. The Platform is owned and operated by the Company. The Content, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Platform (“Materials”) provided by the Company are protected by intellectual property and other laws. All Materials included in the Platform are the property of the Company or its third-party licensors. Except as expressly authorized by us, you may not make use of the Materials except in connection with your use of the Platform. We reserve all rights to the Materials not granted expressly in these Terms.

9.4 Your Content. The Platform does not allow members to publish workout plans, posts, or challenges. Member interaction is limited to liking and favoriting Content, connecting with friends, following coaches, and the profile information you provide. Your profile information may include your display name, handle, profile photo, bio, and links or handles to external social-media accounts (collectively, “Your Content”). You retain ownership of Your Content. To operate the App, you grant the Company a limited, non-exclusive, royalty-free license to store, reproduce, resize, and display Your Content solely to provide the App to you and display your profile to members with whom you have connected, according to your settings. The license ends when you delete Your Content or your Account, subject to any retention required by the Privacy Policy or applicable law. You represent that you have the right to provide Your Content, that it does not infringe any third-party rights or violate any law, and that any external social-media links you add are to accounts you control.

10. Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to: (a) use the Platform in any manner that violates applicable federal, state, provincial, or local law or regulation; (b) misrepresent your age, date of birth, identity, or affiliation with any person or entity; (c) create, share, lend, sell, resell, transfer, or allow anyone else to use an Account or credentials, or otherwise share access to the App; (d) copy, scrape, crawl, harvest, or systematically extract data or Content from the Platform by automated means without our prior written consent; (e) use automated systems to access the Platform or otherwise interfere with or place an unreasonable load on our infrastructure; (f) reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, Platform, or any software made available through it; (g) introduce or transmit any virus, malware, ransomware, spyware, or other harmful or disruptive code or technology; (h) attempt to gain unauthorized access to the Platform, its underlying systems or infrastructure, or any related network or server; (i) circumvent, disable, or interfere with subscription gating, authentication, or any security or access-control feature, including by obtaining access to paid App features without an active membership; (j) interfere with or disrupt the integrity or performance of the Platform or the experience of any other User; (k) use the Platform to transmit or post any content that is unlawful, infringing, defamatory, harassing, obscene, or otherwise objectionable; (l) use any profile photo, handle, bio, or external social-media link that is unlawful, infringing, obscene, hateful, deceptive, or promotes a competing service; (m) harass, abuse, threaten, stalk, or otherwise target another User or member, including through friend requests, handles, bios, profile content, or social features; (n) impersonate another User or otherwise misrepresent your identity or affiliation; (o) use the Platform to record, photograph, livestream, identify, or disclose private information about another person without authorization; (p) interfere with the safety, privacy, operations, or experience of any User, Company representative, or other third party; (q) use the Platform for any commercial purpose or to build a competing service; (r) abuse any subscription cancellation or refund policy, including through repeated subscribe-and-refund cycles or refund requests made after substantial use of paid Content during the period charged; or (s) otherwise violate any applicable law in connection with your use of the Platform.

10.1 Social Features. If you use the App’s social features, members you have accepted as connections may see your profile and activity according to your profile-visibility and other privacy settings. Per-category activity-sharing toggles are on by default and may be changed at any time in the Platform’s settings. Profile fields such as your bio, photo, and external social links remain blank until you choose to add them. You may have the ability to block another member.

11. Feedback

If you choose to provide input and suggestions regarding the design and performance of the Platform and/or Services, problems with, or proposed modifications or improvements to the Platform and/or Services (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and Services and create other offerings. You agree that the Company may use Feedback without restriction or compensation to you.

12. Digital Millennium Copyright Act

12.1 DMCA Notification. If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:

DiSchino & Schamy, PLLC
Attn: FOW, LLC, d/b/a Anyday Legal
4770 Biscayne Blvd., Suite 600
Miami, FL 33137
Email: admin@dsmiami.com

Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must contain the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on the Platform;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the materials on the Platform of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

IMPORTANT NOTICE: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR PLATFORM INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR PLATFORM BEFORE SENDING THE NOTICE.

12.2 Repeat Infringers. The Company will promptly terminate the Accounts or prohibit access to the Platform of any user that is determined by the Company to be a repeat infringer.

13. Modification of these Terms

We may, from time to time, change these Terms unilaterally. Changes will apply only on a going-forward basis, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Please check these Terms periodically for changes. Unless otherwise stated, updated Terms will become effective upon posting to the Platform. If you do not accept the updated Terms, you will not be permitted to continue to use the Platform and/or Services, and your right to access the Platform shall terminate and you must cease the use thereof. No waiver, modification, or amendment of these Terms will be effective unless made by the Company in writing, including by posting revised Terms on the Platform.

14. Term, Termination, and Modification of the Platform

14.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Site, App, or Platform, and ending when terminated as described in Section 14.2 (Termination).

14.2 Termination. You may stop using the Platform at any time and may delete your Account from within the App or on the Site. Deleting your Account removes your data as described in our Privacy Policy. Deleting your Account does not automatically cancel an App Store subscription; if you subscribed through Apple or Google, you must cancel the subscription separately through the applicable Apple ID or Google Play subscription settings. If you subscribed through the Site, deleting your Account cancels that subscription. If you violate any provision of these Terms, your authorization to access the Platform and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your Account on the Platform, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice. Termination or suspension of access to the Platform does not limit the Company’s right to suspend or terminate a membership or access to paid Platform features where permitted under these Terms.

14.3 Effect of Termination. Upon termination of these Terms: (a) your rights to use the Platform will terminate and you must immediately cease all use thereof; (b) you will no longer be authorized to access your Account or the Platform; (c) you must pay the Company any unpaid amount that was due prior to termination, including costs and fees that arise due to your use of the Platform and/or any breach of these Terms; and (d) all payment obligations will survive the termination hereof. If the Company terminates your Account without cause, the Company will refund the unused portion of any prepaid Site subscription and will support your refund request with Apple or Google for an App Store subscription, subject to the applicable processor’s policies. All terms that require continued performance, compliance, or effect beyond termination survive.

14.4 Modification of the Platform. We reserve the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. Company will have no liability for any change to the Platform or Services or any suspension or termination of your access to or use of the Platform or Services. The availability of Content may change from time to time, and from geographic territory to geographic territory. As a result, we do not guarantee that any Content will be available or remain available on the Platform.

15. Updates

The Company may automatically update the Platform or any mobile application, software feature, or similar technology at its sole discretion, including to improve performance, enhance functionality, reflect changes to operating systems, or address security issues.

16. Indemnification

To the fullest extent permitted by law, you are responsible for your use of the Platform and your conduct in connection with any Service. You agree to defend, indemnify, and hold harmless the Company and its officers, directors, members, managers, employees, contractors, consultants, affiliates, partners, subsidiaries, agents, vendors, instructors, sponsors, successors, and assigns (collectively, “Company Entities”) from and against any claim, liability, damage, loss, judgment, settlement, fine, penalty, cost, or expense, including reasonable attorneys’ fees and costs, arising out of or relating to: (a) your unauthorized use or misuse of the Platform; (b) your violation of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including intellectual property, publicity, confidentiality, privacy, or property rights; (d) your conduct in connection with or use of any Service; (e) any inaccurate, incomplete, or misleading information you provide, including health, safety, identity, payment, profile, or Account information; (f) any dispute between you and any third party; or (g) any content, feedback, submission, post, communication, or other material you provide to or through the Platform. This indemnification obligation shall not apply to the extent a claim arises from the Company’s gross negligence, willful misconduct, or knowing violation of law.

17. DISCLAIMERS; NO WARRANTIES

THE PLATFORM AND ALL MATERIALS, CONTENT, AND SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

THE COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION THEREOF, OR ANY MATERIALS, CONTENT, OR SERVICES OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY SUCH ISSUES WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT TEMPORARY PLATFORM DOWNTIME, SERVICE INTERRUPTIONS, MALFUNCTIONS, BUGS, MAINTENANCE EVENTS, THIRD-PARTY FAILURES, OR OTHER TECHNICAL ISSUES MAY OCCUR FROM TIME TO TIME, AND THAT, IN SUCH EVENTS, FEATURES OR SERVICES PROVIDED THROUGH THE PLATFORM MAY BE DELAYED, MODIFIED, OR UNAVAILABLE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM, SERVICES, COMPANY ENTITIES, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES, THE PLATFORM, OR THE SERVICES THAT ARE NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

18. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “COMPANY ENTITIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM, SERVICES, OR ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH THE PLATFORM, OR ANY THIRD-PARTY PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL, AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES, ANY THIRD-PARTY PLATFORM OR INTEGRATION, OR OTHERWISE UNDER THESE TERMS (INCLUDING ANY INABILITY TO USE THE FOREGOING), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF: (A) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO COMPANY FOR THE APPLICABLE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00). FOR CLARITY, MULTIPLE CLAIMS SHALL NOT EXPAND THIS LIMITATION, AND ALL CLAIMS ARISING FROM THE SAME OR RELATED FACTS, EVENTS, OR TRANSACTIONS SHALL BE TREATED AS A SINGLE CLAIM.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 18 SHALL LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

19. Dispute Resolution and Arbitration

19.1 Generally. In the interest of resolving disputes between you and the Company in the most expedient and cost-effective manner, and except as described in Section 19.2 and 19.3, you and the Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

19.2 Exceptions. Despite the provisions of Section 19.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court, if the dispute qualifies; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.Notwithstanding the foregoing, nothing in this Section 19 shall be construed to prevent either party from seeking public injunctive relief in a court of competent jurisdiction to the extent such relief is authorized under applicable statutes and cannot be waived under applicable law.

19.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 within thirty (30) days after the date that you agree to these Terms by sending a letter to FOW, LLC, at 314.5 Congress Ave, Austin, TX 78701 that specifies: your full legal name, the email address associated with your Account on the Platform, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once the Company receives your Opt-Out Notice, this Section 19 will be void and any action arising out of these Terms will be resolved as set forth in Section 20.3. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

19.4 Arbitrator. Any arbitration between you and the Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

19.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Company’s address for Notice is: FOW, LLC, at 314.5 Congress Ave, Austin, TX 78701. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice of Arbitration is received, you or the Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Company in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) Ten Thousand ($10,000.00) Dollars.

19.6 Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than Ten Thousand ($10,000.00) Dollars, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami-Dade County, Florida but if the claim is for Ten Thousand ($10,000.00) Dollars or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) under the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

19.7 No Class Actions. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

19.8 Modifications to this Arbitration Provision. If we make any future change to this Section 19, other than a change to the Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days after the change is posted on the Platform. If you do so, the version of this Section 19 in effect immediately before your rejection notice will continue to govern disputes between you and the Company.

19.9 Enforceability. If Section 19.7 or the entirety of this Section 19 is found to be unenforceable, or if the Company receives an Opt-Out Notice from you, then the entirety of this Section 19 will be null and void and, in that case, the exclusive jurisdiction described in Section 20.3 will govern any action arising out of or related to these Terms. Notwithstanding anything to the contrary, nothing in this Section is intended to require arbitration in a location, manner, or forum that is prohibited by applicable law.

20. Miscellaneous

20.1 Privacy Policy. Your submission of personal information through the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you acknowledge that you have reviewed our Privacy Policy.

20.2 General Terms. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Company regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. In the event of a conflict between these Terms and any additional terms or policy applicable to a specific Service or Platform feature, the more specific document shall control with respect to the subject matter it addresses. The Privacy Policy shall control with respect to privacy and data processing, and any applicable cancellation or refund policy shall control with respect to refunds and subscription cancellations.

20.3 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. To the extent any lawsuit or court proceeding is permitted under these Terms, you and the Company consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida. The Platform is controlled and operated from the United States and is intended for use only in jurisdictions where such use is lawful. We make no representation that the Platform, or any content or Services made available through it, is appropriate or available in any particular jurisdiction. Any person who accesses the Platform does so at their own initiative and is solely responsible for compliance with all applicable laws, rules, and regulations. We reserve the right to limit or restrict availability of the Platform, in whole or in part, to any person, geographic area, or jurisdiction at any time in our sole discretion. Nothing in these Terms is intended to waive any right, claim, defense, remedy, law, or protection that cannot be waived under applicable law.

20.4 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred. This limitation applies to the fullest extent permitted by applicable law and does not apply to any claim for which applicable law prohibits contractual shortening of the limitations period.

20.5 Additional Privacy and Cookie Disclosures. Your use of the Platform may also be subject to any cookie notice, state privacy notice, or other privacy disclosure posted on the Platform from time to time, each of which is incorporated herein by reference to the extent applicable.

20.6 Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform or Services (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

20.7 Security Protocols. You understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Platform. You may not attempt to override or circumvent any of the usage rules embedded into the Platform. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Platform, in whole or in part, is strictly prohibited.

20.8 No Resale of Platform or Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform and/or Services, use of the Platform and/or Services, or access to the Platform and/or Services.

20.9 Consent to Electronic Communications. By using the Platform and/or Services, you acknowledge and agree that you are transacting with the Company electronically. You consent to receive electronically any notices, disclosures, agreements, acknowledgements, records, policies, and other communications from us (collectively, “Communications”), including through the Platform, by email, or by other electronic means permitted by law. You agree that your electronic signature, acceptance, consent, or use of the Platform is intended to authenticate the applicable Communication and to have the same force and effect as a handwritten signature. You should retain copies of all Communications for your records.

20.10 Marketing Communications. If you opt in to receive marketing or promotional emails and/or text messages from us, you agree that we may send you such correspondence in accordance with your preferences and applicable law. Your consent to receive marketing emails and/or text messages is not a condition of purchase. You may opt out of promotional correspondence at any time by using the unsubscribe mechanism included in the applicable correspondence. Even if you opt out of promotional emails and/or text messages, we may still send you transactional or relationship messages regarding your Account, orders, subscriptions, service updates, legal notices, or other non-promotional matters, to the extent permitted by law. Your consent to receive marketing text messages must be provided separately through a clear opt-in disclosure at the point your telephone number is collected. These Terms alone do not require you to consent to receive marketing text messages.

20.11 Contact Information. The Platform is offered by FOW, LLC, doing business as Anyday Studios. You may contact us by sending correspondence by emailing us at info@anyday-studios.com.

20.12 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.

20.13 No Support. We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.

20.14 Force Majeure. The Company shall not be liable for any delay, failure to perform, cancellation, modification, interruption, or unavailability resulting from causes outside its reasonable control, including acts of God, natural disasters, fire, flood, severe weather, pandemic, epidemic, public health emergency, government action, labor disputes, internet or hosting failures, cyberattacks, power outages, supply chain disruptions, security concerns, or failures or unavailability of third-party service providers.

20.15 Independent Effect. Each disclaimer and limitation of liability set forth in these Terms is intended to operate independently, and if any provision is found unenforceable, the remaining disclaimers and limitations shall remain in full force and effect.

20.16 International Use. The Platform is controlled and operated from the United States and is intended for use only within the United States and where such use is lawful. We make no representation that the Platform is appropriate or available for use outside the United States, and access from jurisdictions where such access is unlawful is prohibited.

20.17 Calls, Text Messages, and Telephone Communications. By providing a telephone number to the Company, you represent and warrant that you are the subscriber or customary user of that number and that you are authorized to provide any consent required for the Company to contact you at that number. You agree that the Company, and its service providers acting on the Company’s behalf, may contact you at that number for transactional, account-related, or relationship purposes, including regarding your Account, memberships, customer support, age-verification steps, fraud or security matters, and other operational communications, using calls or text messages, including, to the extent permitted by law, by manual dialing, automated technology, an automatic telephone dialing system, and/or artificial or prerecorded voice technology.

If you separately opt in through a clear and conspicuous disclosure presented at the point your number is collected, you expressly consent to receive recurring marketing or promotional calls and text messages from the Company, and from service providers acting on the Company’s behalf, at the telephone number you provided, including through automated technology, an automatic telephone dialing system, and/or artificial or prerecorded voice technology, to the extent permitted by law. Your consent to receive marketing or promotional calls or text messages is not a condition of subscribing to any membership or using any Service. Message frequency may vary. Message and data rates may apply.

You may revoke your consent to receive marketing or other consent-based calls or text messages at any time by replying STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any text message, by using any opt-out mechanism we make available, or by any other reasonable means that clearly expresses your desire not to receive further calls or text messages. We will honor revocation requests within a reasonable time not to exceed ten (10) business days after receipt. After receipt of a revocation request, the Company may send one non-promotional confirmation text confirming the opt-out request or seeking clarification as permitted by applicable law. Even if you opt out of marketing communications, you may still receive transactional or service-related communications to the extent permitted by law.

The Company may monitor or record calls with you for quality assurance, training, security, or operational purposes, subject to applicable law. Delivery of calls and text messages is subject to effective transmission by your wireless carrier and our service providers, and wireless carriers are not liable for delayed or undelivered messages.

Last updated: September 18, 2026