SKOOP+ TERMS AND CONDITIONS

Effective as of February 18, 2022

Welcome to Skoop+!

These Terms of Use (“Terms”) are a contract between you and theSkoop, Inc. (“Skoop” or “we”) and govern your access to and use of any Skoop website, mobile application (such as for iPhone or Android) or content (the “App”) or any service made available through Skoop (collectively, “Services”). Please read these Terms carefully before accessing and using the App or Services.

The most current version of these Terms can be accessed at any time at https://www.skoop.nyc/skoop-terms-and-conditions. Changes to these Terms will be notified via posting on the App (or other written notice to you). Please read these Terms carefully before accessing and/or using the App and/or Services.

(1) TERMS

a) Acceptance of Terms. By accessing and/or using the App and/or Services, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the App or any Services.

b) Amendment of Terms. Skoop may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the App or Services after such posting constitutes your consent to be bound by the Terms, as amended.

c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The Skoop Privacy Policy is hereby incorporated by reference.

(2) SKOOP PLATFORM

a) Skoop Platform. The Skoop platform enables consumers to reserve, schedule, purchase, access and attend a wide range of Services. Skoop itself is not a spa, studio, health club, facility, fitness studio or similar establishment and does not own, operate or control any of the Services that are offered at or through such facilities.

b) Skoop+ Membership Option. To enjoy 15% off Services booked on Skoop, you need to sign up for a Skoop+ subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Subscription Cycle”). Your Skoop subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your Skoop subscription on April 5, your subscription will automatically renew on May 5 (as further explained in “Subscription Cycles,” below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to times. Your subscription will be governed by these Terms and will continue indefinitely until canceled or terminated.

c) Use of Skoop. Your Skoop account is personal to you and you agree not to create more than one account. You must not use or exploit the App and/or Services for commercial purposes. To use your Skoop membership you must have access to the Internet. We continually update and test various aspects of the Skoop platform. We reserve the right to, and by using our the App and/or Services you agree that we may, include you in or exclude you from these test without notice. You understand and agree that Skoop may take actions we deem reasonably necessary to prevent fraud and abuse.

You agree that the information you provide to Skoop at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the App you must have access to the Internet and may be required to download a Skoop mobile application to use some or all of Skoop features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the App and Services.

d) Eligibility Criteria. The availability of all or part of our App and/or Services may be limited based on demographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Skoop or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this App and/or Services and/or to purchase a Skoop subscription. You further understand that the App and/or Services may not be available in every geography.

(3) FEES, BILLING, CANCELLATION

a) Recurring Billing. By initiating your Skoop subscription, you authorize us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate. Increases in the current rate will be notified to you by e-mail or other notice (such as when you log into your account). You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the App, such as any applicable sign-up fee, taxes or cancellation or late fees, as further explained below. Note that even if you do not use the subscription or access the App and/or Services, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.

b) Subscription Cycle. When you sign up and purchase your Skoop membership, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each month and you will be billed on the same date each month (being the date on which you signed up), provided that, where such date does not exist in particular renewal month, your subscription will be deemed to auto-renew on the day immediately following the date of expiry of your current membership cycle. For example, if you signed up on January 31st, your next auto-renew date will be March 1st, and payment will be taken using your Payment Method on (or as soon as practically possible) after that date. All membership auto-renews will continue to take place on the new auto-renew date (i.e., in this example, the 1st of each month). Payment will be taken on the effective date of your auto-renew (a “Renewal Date”), provided that, if we are unable for any reason to take payment on a Renewal Date, we will take payment as soon as practically possible thereafter.

c) Refunds. Our fees (including the monthly fee for your membership and any other fees) are nonrefundable, unless we specifically communicate otherwise at the time of purchase. 

d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the Skoop website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.

e) Payment Methods. You may edit your Payment Method information by logging onto our mobile app and editing it in your account settings. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise,you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our App or any portion thereof.

f) Cancellation. Unless we communicate otherwise, you may terminate your subscription at any time before your subscription renews, by going into your account settings on the App and clicking cancel. Once you cancel your subscription, your access to Skoop+ benefits will be terminated at the end of your current subscription cycle. Any appointments that take place after the end of your current subscription cycle will no longer be eligible for Skoop+ benefits (even if the appointment is booked prior to the end of your subscription cycle). Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to Skoop+ in future months or to restrict your access in future months.

g) Other Fees. You are responsible for paying applicable late cancellation fees if you do not cancel a Service you had reserved with appropriate notice or do not attend your scheduled Service. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees and to change the amount of any such fees at any time.

(4) PROMOTIONS

From time to time we may offer a trial membership that includes access to the Skoop+ benefits during the trial period. Trials will have the duration and price communicated at the time you sign up. Each trial membership automatically will convert to a regular monthly subscription and price unless canceled by 12pm local time on the day before the last day of trial. 

(5) TERMINATION OR MODIFICATION BY SKOOP

You agree that Skoop, in its sole discretion and for any or no reason at any time, may (i) terminate, cancel, deactivate, disable, delete and/or suspend any account, subscription, any orders placed, your access to or use of the App, your membership and/or Services (or any part thereof including but not limited to your access to any or all Venues, credits or classes or services) you may have with Skoop or use of the App and remove and discard all or any part of your account or any content uploaded by you and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the App including of your subscription. Skoop may also in its sole discretion and at any time discontinue providing access to the App, or any part thereof, with or without notice. You agree that any termination of your access to the App or any account you may have or portion thereof may be effected without prior notice. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the App. Skoop shall have no liability for, and you shall have no recourse for, any such termination or deactivation.

(6) PRIVACY

Your privacy is important to Skoop. The Skoop Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Skoop’s collection, use, and disclosure of your personal information.

(7) USER SUBMISSIONS

a) General. The App provides certain features which enable you and other users to submit, post, share and search for content and information, which may include (without limitation) text, graphic and pictorial works, profile information, information about reserved or attended classes, friend connections or any other information submitted by you and other users or arising from your use of the App (“User Submissions”). User Submissions also include reviews, ratings and other feedback (“Reviews”). We strongly recommend that you think carefully about what you upload to, share with or make accessible to the App. Skoop does not guarantee any anonymity or confidentiality with respect to any User Submissions. For information on how we use your personal information, please see our Privacy Policy.

b) Reviews. You understand and agree that Reviews may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Skoop’ platform), including any Venue, may read or have access to your Reviews. Skoop is not responsible for the use or disclosure of any information that you disclose in connection with Reviews, including any personal information. Reviews are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Skoop. You understand that all Reviews are the sole responsibility of the person from whom such Review originated. This means that you, and not Skoop, are entirely responsible for all Reviews that you upload, post, e-mail, transmit, or otherwise make available through the App.

c) Right to Remove or Edit User Submissions. Skoop makes no representations that it will publish or make available on the App any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the App, or to edit or remove any User Submission at any time with or without notice. Skoop may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that Skoop determines in its sole discretion to violate the standards of this App. Skoop takes no responsibility and assumes no liability for any User Submissions.