Terms of Service — HEART SPIN

1. Introduction

This document outlines the Terms of Service (“Terms”) for your use of the HEART SPIN website, located at heart-spin.com, and all associated services, content, and functionalities (collectively, the “Platform”). These Terms are designed to be clear and understandable, though some legal terminology is necessary to ensure compliance with applicable laws. By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

2. Acceptance of Terms

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and HEART SPIN Inc. (“HEART SPIN,” “we,” “us,” or “our”). By accessing the Platform, whether through browsing, creating an account, or utilizing any services, you acknowledge that you have read, understood, and agree to comply with these Terms. If you do not agree with any part of these Terms, you must refrain from using the Platform.

To use the Platform, you must be at least 13 years of age. If you are under 18, you confirm that you have obtained permission from a parent or legal guardian to use the Platform. Parents or guardians of users under 18 are responsible for their child’s activities on the Platform and are bound by these Terms.

By using the Platform, you represent and warrant that:

• You are of legal age to enter into a binding contract, or you have parental consent if under 18.
• Your use of the Platform complies with all applicable laws in your jurisdiction.
• You assume full responsibility for any unauthorized access to the Platform from jurisdictions where its use is restricted.

3. Modifications to Terms

HEART SPIN reserves the right to modify, amend, or update these Terms at its sole discretion. Any changes will take effect immediately upon posting to the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any updates, as they are legally binding.

4. User Obligations

You are responsible for ensuring that anyone accessing the Platform through your account or device is aware of and complies with these Terms. You must provide accurate, current, and complete information when registering or interacting with the Platform. You are solely responsible for maintaining the security of your account, including your login credentials, and for any activities conducted through your account.

You agree to:

• Use the Platform in a manner consistent with these Terms and applicable laws.
• Safeguard your device, internet connection, and data security.
• Notify us immediately of any unauthorized use of your account or security breaches.

5. Prohibited Uses

You may only use the Platform for lawful purposes and in accordance with these Terms. You agree not to engage in any of the following activities:

• Violating any local, provincial, national, or international laws, including regulations related to data export or privacy.
• Exploiting, harming, or attempting to harm minors, including exposing them to inappropriate content or soliciting personal information.
• Uploading, sharing, or distributing content that violates our Submission Standards, as outlined below.
• Sending unsolicited advertisements, promotional materials, or spam, including “junk mail” or “chain letters.”
• Impersonating any individual or entity, including HEART SPIN, its employees, or other users.
• Engaging in conduct that disrupts, restricts, or inhibits others’ use of the Platform or causes harm to HEART SPIN or its users.

You further agree not to:

• Use automated tools, such as bots or spiders, to access, monitor, or copy content from the Platform without prior written consent.
• Attempt to disable, damage, or interfere with the Platform’s functionality or servers.
• Introduce malicious software, such as viruses, worms, or Trojan horses, to the Platform.
• Attempt unauthorized access to any part of the Platform, its servers, or connected systems.
• Launch denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks against the Platform.

6. Submission Standards

Any content you submit to the Platform, including reviews, comments, or other contributions, must:

• Be accurate, lawful, and not misleading.
• Not infringe on any third-party intellectual property rights.
• Not contain defamatory, obscene, offensive, or harmful material.
• Comply with all applicable laws and these Terms.

HEART SPIN reserves the right to remove or refuse any content that violates these standards or is otherwise objectionable, at our sole discretion.

7. Intellectual Property

The Platform, including all content, features, and functionalities (e.g., text, images, videos, audio, software, and design), is owned by HEART SPIN, its licensors, or other content providers and is protected by Canadian and international intellectual property laws, including copyright, trademark, and trade secret laws.

You are permitted to:

• Temporarily store content in your device’s RAM while accessing the Platform.
• Cache files automatically through your web browser for display purposes.
• Print or download a reasonable number of pages for personal, non-commercial use, provided you do not modify or remove any copyright or proprietary notices.

You are prohibited from:

• Reproducing, distributing, modifying, or creating derivative works of any Platform content without express permission.
• Using Platform content for commercial purposes without prior written consent.
• Transferring or sublicensing any rights to the Platform’s content.

Any unauthorized use of the Platform’s content may violate intellectual property laws and result in termination of your access to the Platform.

8. HEART SPIN’s Rights We reserve the right to:
   • Monitor and investigate any suspected violations of these Terms.
   • Take legal action, including reporting violations to law enforcement or regulatory authorities, without prior notice.
   • Suspend or terminate your access to the Platform, in whole or in part, for any reason, including violations of these Terms.

You agree to waive and hold harmless HEART SPIN, its affiliates, and their respective officers, directors, employees, and agents from any claims arising from actions taken by us in connection with investigations or enforcement of these Terms.

9. Third-Party Content and Links

The Platform may include links to third-party websites or content for your convenience. HEART SPIN does not endorse, control, or assume responsibility for any third-party content or websites. Your use of third-party sites or content is at your own risk, and you are subject to their respective terms and policies.

10. Payments and Fees

Certain services on the Platform may require payment. We accept Visa and Mastercard, but we reserve the right to modify, add, or remove payment methods at our discretion. You agree to provide accurate and up-to-date payment information and authorize us to charge your selected payment method for any purchases.

Additional payment terms:

• All payments must be made in Canadian Dollars (CAD).
• Applicable sales taxes will be added to purchase prices.
• Prices are subject to change without notice.
• We may refuse or cancel any order at our discretion.
• We reserve the right to correct pricing errors, even after payment has been requested or received.

HEART SPIN may offer limited free trials or promotional codes, subject to additional terms. Eligibility for trials or promotions is at our sole discretion. If payment information is required for a trial, charges will apply automatically upon trial expiration unless canceled beforehand. You may not receive separate notice regarding trial expiration or subscription activation.

11. Cancellation and Studio Policies
    • Late Cancellation: Cancellations must be made at least 12 hours before a scheduled class. Cancellations within 12 hours will incur a $10 fee plus applicable taxes.
    • No-Show: Failure to attend a scheduled class without canceling will result in a $20 fee plus applicable taxes.
    • Late Arrival: Studio doors close 5 minutes after a class begins. Late arrivals will not be admitted and will be subject to the late cancellation fee.
    • No Cellphones: Cellphones are prohibited during classes to ensure a focused and distraction-free environment.
12. Disclaimers and Limitation of Liability

The Platform and its content, services, and products are provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. HEART SPIN does not guarantee the accuracy, reliability, security, or availability of the Platform or its content.

To the fullest extent permitted by law, HEART SPIN, its affiliates, and their respective officers, directors, employees, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the Platform, even if we were advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless HEART SPIN, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, misuse of the Platform, or use of third-party content or services.

14. Privacy Policy

Your personal information is governed by our Privacy Policy, available at /legal/privacy-policy. For inquiries regarding the Privacy Policy, contact Amal Sebti at sebtiamal@twinlisbet.com.

15. Governing Law and Jurisdiction

These Terms and your use of the Platform are governed by the laws of the Province of Quebec and applicable Canadian federal laws, without regard to conflict of law principles. Any disputes arising from these Terms or the Platform will be resolved exclusively in the courts of Quebec, and you irrevocably consent to their jurisdiction and venue.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to reflect the original intent as closely as possible, and the remaining provisions will remain in full effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and HEART SPIN regarding the Platform, superseding all prior agreements, communications, or understandings, whether oral or written. No representations or warranties outside these Terms are binding unless expressly stated herein.

18. Waiver

No delay or failure by HEART SPIN to enforce any right or provision of these Terms will constitute a waiver of that right. Partial exercise of any right does not preclude further enforcement.

19. Notices

We may notify you of changes or updates to these Terms via email (to the address you provide) or by posting on the Platform. Notices are effective upon sending (for email) or posting (for website updates). You are responsible for keeping your contact information current.

To contact us, use:

• Email: info@heart-spin.com
• Mail/Courier: HEART SPIN Inc., 2620 rue Notre-Dame Ouest, Montréal, QC H3J 1N7, Canada

Notices sent to us are effective upon receipt by an authorized representative (for personal delivery) or upon confirmation of receipt (for courier or certified mail). We may update our contact information by posting a notice on the Platform.