Terms of Service

1. Agreement to Terms

Welcome to openz.studio ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our platform, including our website, mobile applications, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

2. Eligibility

You must be at least 16 years old (13 in the US) to use our Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

3.1 Account Creation

To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized access
• Log out from your account at the end of each session

3.3 Account Types

• Student Accounts: For individuals taking yoga/pilates classes
• Instructor Accounts: For verified yoga/pilates instructors teaching classes
• Admin Accounts: For platform management (by invitation only)

4. Instructor Terms

4.1 Instructor Verification

All instructors must complete our verification process, which may include:

• Identity verification (government-issued ID)
• Professional credentials verification
• Business verification (if applicable)
• Background check (where legally required)

We reserve the right to reject or revoke instructor status at our sole discretion.

4.2 Instructor Responsibilities

As an instructor, you agree to:

• Provide accurate information about your qualifications and experience
• Conduct classes professionally and safely
• Honor your scheduled class times
• Maintain appropriate liability insurance (recommended)
• Comply with all applicable laws and regulations
• Not discriminate against students based on protected characteristics
• Provide clear refund and cancellation policies

4.3 Content Ownership

You retain ownership of all content you create (class materials, videos, descriptions). However, by uploading content to our platform, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content for the purpose of operating and promoting the Service.

4.4 Instructor Membership Plans

Instructors must maintain an active membership plan:

• Free Plan (€0/month): 5 classes/month, 10 participants max, 3-month recording storage
• Pro Plan (€29/month): 50 classes/month, unlimited participants, 12-month recording storage
• Premium Plan (€79/month): Unlimited classes, custom subdomain, unlimited recording storage

Plans are billed monthly in advance. Unused classes do not roll over to the next billing period.

5. Student Terms

5.1 Class Bookings

Students may book classes based on instructor pricing and availability. By booking a class, you agree to:

• Pay the instructor's stated price
• Attend scheduled classes on time
• Follow the instructor's class rules and safety guidelines
• Respect other students and the instructor

5.2 Health and Safety

Important: You acknowledge that physical activities carry inherent risks. You agree to:

• Consult with a physician before starting any exercise program
• Inform instructors of any health conditions or injuries
• Exercise within your personal limits
• Use proper equipment and maintain a safe practice environment

DISCLAIMER: openz.studio and instructors are not responsible for any injuries, accidents, or health issues that may occur during or after classes.

6. Payments and Refunds

6.1 Payment Processing

All payments are processed securely through Stripe. We do not store full credit card details. By making a payment, you authorize us to charge your payment method.

6.2 Commission Structure

Platform commission rates are configurable in our database settings. Current rates can be found in theplatform_settings table. Instructors receive the instructor commission percentage, while the platform retains the platform commission percentage.

Instructor payouts are processed weekly to their connected Stripe account.

6.3 Refund Policy

• Instructor Memberships: Refunds available within 7 days of initial purchase if no classes have been created
• Class Bookings: Refund eligibility determined by instructor's cancellation policy
• Student Subscriptions: Pro-rated refunds may be available upon cancellation
• Platform Fees: Platform commission is non-refundable once a class is completed

6.4 Cancellations

By Instructors: Instructors who cancel classes may be subject to refund obligations and platform penalties for repeated cancellations.

By Students: Students must follow the instructor's cancellation policy. Late cancellations may result in forfeited payments.

6.5 Disputed Charges

If you believe a charge is incorrect, contact us at info@openz.studio within 30 days. We will investigate and resolve disputes fairly.

7. Prohibited Conduct

You agree not to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Upload malicious code, viruses, or harmful content
• Harass, abuse, or threaten other users
• Impersonate others or provide false information
• Scrape, crawl, or otherwise extract data from the Service
• Reverse engineer or attempt to access source code
• Circumvent payment systems or platform fees
• Create multiple accounts to abuse promotions or limits
• Share recorded classes without instructor permission
• Use the Service for any commercial purpose outside of teaching/taking classes

8. Intellectual Property

8.1 Platform Content

The Service, including its design, code, branding, and features, is owned by openz.studio and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute our platform without written permission.

8.2 User Content

You retain ownership of content you upload (videos, images, descriptions, materials). However, you grant us a license to use this content for platform operation, marketing, and improvement.

8.3 Copyright Infringement

If you believe content on our platform infringes your copyright, contact us at info@openz.studio with:

• Description of the copyrighted work
• Location of the infringing content (URL)
• Your contact information
• A statement of good faith belief
• Your electronic or physical signature

9. Privacy and Data Protection

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

10. Third-Party Services

Our Service integrates with third-party services:

• Stripe: Payment processing (subject to Stripe's terms)
• Daily.co: Video streaming (subject to Daily.co's terms)
• Google: OAuth authentication (subject to Google's terms)

We are not responsible for third-party services' availability, functionality, or terms. Your use of these services is at your own risk.

11. Disclaimers and Limitation of Liability

11.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 No Guarantee of Results

We do not guarantee that the Service will be uninterrupted, error-free, or secure. We are not responsible for:

• Quality or accuracy of instructor classes
• Instructor conduct or qualifications
• Physical injuries or health issues from classes
• Technical issues, downtime, or data loss
• Disputes between instructors and students

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENZ.STUDIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless openz.studio and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or share
• Classes you teach or attend

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at info@openz.studio or using the account deletion feature. Upon termination:

• Your access to the Service will cease
• Your data will be deleted within 90 days (except as legally required)
• Outstanding payments remain due

13.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Abuse or harass other users
• Fail to pay required fees
• Create risk or legal liability for us

We will provide notice when reasonably possible, but reserve the right to terminate without notice in serious cases.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a legal claim, you agree to contact us at info@openz.studio to attempt informal resolution. We will work in good faith to resolve disputes.

14.2 Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Amsterdam, Netherlands.

14.3 Arbitration (Optional)

For disputes under €10,000, parties may agree to binding arbitration instead of court proceedings.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via:

• Email notification to your registered address
• Prominent notice on our platform
• Updated "Last Updated" date at the top of this page

Continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to changes, you must stop using the Service.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and openz.studio.

16.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

16.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or successor.

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, wars, pandemics, government actions, etc.).

17. Contact Information

For questions, concerns, or notices regarding these Terms, contact us: