Please read these Terms of Service (collectively with Union's
www.union.fit (the “Site”) and the services, features, promotions, credits, content, applications, or
products offered by Union and its affiliates (“we”, “us”, “our”, “Union”, or "Superset Labs, Inc.")
(together with the Site and the Application (as defined below), the ”Services”) in the United States and
Canada. If you are using the Services outside of the United States and Canada, a location-specific set of
terms may apply to you instead, so please check the applicable country-specific website. These Terms of
Service set forth the legally binding terms and conditions for your use of the Site and the Services and
your purchase of the subscriptions and products sold through the Services.
Acceptance of terms of service
By registering for and/or using the Services in any manner, including, but not limited to, visiting,
browsing or making purchases through the Site or our mobile application (the “Application”), you agree to
these Terms of Service and all other operating rules, policies and procedures that may be published from
time to time on the Site or through the Services by us, each of which is incorporated by reference and
each of which may be updated by us from time to time. If you do not accept these Terms of Service, you are
not permitted to, and you must not, access or use the Services or purchase subscriptions or products from
Certain of the Services may be subject to additional terms and conditions specified by us from time to
time; your use of such Services is subject to those additional terms and conditions, which are
incorporated into these Terms of Service by this reference. IF YOU HAVE SIGNED UP FOR A UNION PLAN, PASS
OR OTHER AUTOMATICALLY RENEWING SUBSCRIPTION SERVICE, PLEASE READ THE “AUTO-RENEWALS AND RECURRING BILLING
FOR PASSES, PLANS AND OTHER SUBSCRIPTION SERVICES” SECTION BELOW.
These Terms of Service apply to all users of the Services, including, without limitation, registered and
incorporated by reference into these Terms of Service.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE
“DISPUTES” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE
You represent and warrant that you are at least 18 years of age, or if you are under 18 years of age but
are at least 13 years old, that you are using the Services with the consent of your parent or legal
guardian and that you have received your parent’s or legal guardian’s permission to use the Services. If
you are under 18 years of age and have not received such permission from your parent or legal guardian,
you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion,
refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You
are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and
regulations applicable to you and the right to access the Services is revoked where these Terms of Service
or use of the Services is prohibited or to the extent offering, sale or provision of the Services
conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your
use, and not for the use or benefit of any third party.
To sign up for the Services, you must register for an account on the Services (an “Account”). You must
provide accurate and complete information and keep your Account information updated. You shall not: (i)
select or use as a username a name of another person with the intent to impersonate that person; (ii) use
as a username a name subject to any rights of a person other than you without appropriate authorization;
or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely
responsible for the activity that occurs on your Account, and for keeping your Account password secure.
You may never use another person’s user account or registration information for the Services without
permission. You must notify us immediately of any change in your eligibility to use the Services
(including, but not limited to, any changes to or revocation of any licenses from state authorities),
breach of security or unauthorized use of your Account. You should never publish, distribute or post login
information for your Account. You have the ability to delete your Account, either directly or through a
request made to one of our employees or affiliates.
Union does not make any claim to your Content. However, you are solely responsible for Your Content. Union does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.
Union reserves the right to remove Your Content from the Services if Union believes in its sole discretion that it violates these Terms or for any other reason. Union may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Union both on the Services and in marketing, advertising and promotional materials. We likewise may disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or (d) protect the rights, property and/or personal safety of Union, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
Third party services
The Services may permit you to link to other websites, services or resources on the Internet, and other
websites, services or resources may contain links to the Services. When you access third party resources
on the Internet, you do so at your own risk. These other resources are not under our control, and you
acknowledge that we are not responsible or liable for the content, functions, accuracy, legality,
appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not
imply our endorsement or any association between us and their operators. You further acknowledge and agree
that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance on any such content, goods or
services available on or through any such website or resource.
Paid services and terms of sale
Certain of our Services, including the purchase of any products or subscriptions (such as class passes)
offered by us, may be subject to payments now or in the future (the “Paid Services”), which in certain
cases may include recurring, automatically renewing payment obligations (as further described in the
“AUTO-RENEWALS AND RECURRING BILLING FOR PASSES, PLANS AND OTHER SUBSCRIPTION SERVICES” section below).
You may place an order for Paid Services at any time (subject to any planned or unplanned downtime). You
may check and correct any input errors in your order up until the point at which you submit your order to
us by clicking the “Place Order” button on the checkout page. An order submitted by you constitutes a
legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to
these Terms of Service, at the price and on the terms stated when you sign up or place your order. All
orders are subject to acceptance by us. Your order will not be considered accepted until we have received
payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to
the email address you provide, after your payment for the order has been processed, so that you may print
the information for your records.
Our products and services, including, without limitation, our Paid Services, are for your personal,
non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any
other commercial purpose. The rights you have under these Terms of Service are personal to you and are
Please note that we cannot offer refunds, exchanges or customer service for products that have been
acquired from an unauthorized reseller, including, but not limited to, any seller on Amazon, eBay, ClassPass or
similar online marketplaces.
We use a third-party payment processor, Stripe, (the “Payment Processor”) to bill you through a payment
account linked to your Account on the Services (your “Billing Account”) for the Paid Services. The
processing of payments will be subject to the terms, conditions and privacy policies of the Payment
Processor in addition to these Terms of Service. More information is available in our
By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the
prices then in effect for any use of such Paid Services in accordance with the applicable payment terms
and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment
Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct
any errors or mistakes that the Payment Processor makes even if it has already requested or received
The terms of your payment will be based on your Payment Method and may be determined by agreements between
you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If
we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on
your Billing Account upon demand.
Auto-renewals and Recurring billing for Passes, Plans and other Subscription services
Some of the Paid Services, such as the purchase of class passes and other products in a
subscription plan, may consist of an initial period for which there is a one-time charge or a Trial Offer
(as defined below), followed by recurring periodic charges as agreed to by you when you sign up for such
auto-replacing products (“Subscription Services”). The Subscription Services give you the ability to
specify how regularly you would like to order any auto-replacing products. Unless you opt out of a
Subscription Service, which can be done via the methods described below, the Subscription Services that
you have signed up for will be automatically extended for successive renewal periods of the same duration
as the subscription term you originally selected, at the then-current non-promotional rate. By choosing a
Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and
you accept responsibility for all recurring charges prior to the effective date of cancellation of such
Subscription Service. All recurring payments relating to Subscription Services are fully earned upon
To change or cancel your Subscription Services at any time, go to your Account, or email us at
[email protected]. If you terminate a Subscription Service, your
subscription will not be renewed after your then-current subscription term expires.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE
PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO
CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, GO TO YOUR
ACCOUNT, OR CONTACT US AT THE EMAIL ADDRESS LISTED ABOVE.
Reaffirmation of authorization
Your non-termination or continued use of a Paid Service (including, without limitation, Subscription
Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may
submit those charges for payment and you will be responsible for such charges. This does not waive our
right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or
as otherwise described when you initially selected to use the Paid Service.
We may terminate your access to all or any part of the Services at any time, with or without cause, with
or without notice, effective immediately, which may result in the forfeiture and destruction of all
information associated with your Account. If you wish to terminate your Account, you may do so by
following the instructions on the Site or through the Services. Any fees paid hereunder are
non-refundable. All provisions of these Terms of Service which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity provisions and limitations of liability.
Warranty disclaimer and release
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to
take any action regarding which users gain access to the Services, or how you may interpret or use the
Content. You release us and our officers, directors and employees from all liability arising out of or
relating to your having acquired or not acquired Content through the Services. We make no representations
concerning any Content contained in or accessed through the Services, and we will not be responsible or
liable for the accuracy, copyright compliance or legality of material or Content contained in or accessed
through the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY
ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE
FOREGOING, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO
NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II)
ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE
SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL
MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS LIMIT OR
DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
You shall defend, indemnify and hold harmless us and our employees, contractors, directors, officers,
suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’
fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in
violation of these Terms of Service, or infringement by you, or any third party using your Account or
identity in the Services, of any intellectual property or other right of any person or entity. We reserve
the right to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of liability
TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR
ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN
HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN
THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY
PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00. THESE LIMITATIONS WILL ONLY APPLY TO THE EXTENT PERMITTED
BY LAW AND DO NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM OUR ACTS OR OMISSIONS OR TO LIABILITY
RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or
change, suspend or discontinue the Services, in whole or in part, (including, without limitation, the
availability of any feature, database or content) at any time by posting a notice on the Site or by
sending you notice through the Services, via e-mail or by another appropriate means of electronic
communication. We may also impose limits on certain features and services or restrict your access to parts
or all of the Services without notice or liability. While we will use commercially reasonable efforts to
timely provide notice of modifications, it is also your responsibility to check these Terms of Service
periodically for changes. Subject to the Disputes section, your continued use of the Services following
notification of any changes to these Terms of Service constitutes acceptance of those changes.