Terms of Service

Eligibility

You must be at least 18 years old and able to form a binding contract to use Arcana. By using the Service, you represent that you meet these requirements and that the information you provide to us is accurate and current.

What Arcana is

Arcana is a membership platform that gives members access to a curated network of independent fitness studios in New York City. Through Arcana, you can browse class schedules and reserve classes across studios using membership credits.

Arcana is a facilitator, not a fitness studio. We do not own, operate, employ, or control studios, their instructors, their facilities, or the classes they provide. Each studio is solely responsible for the classes, instruction, equipment, and premises it offers. During this founding membership period, reservations may be fulfilled manually by our team on your behalf.

Your health representation

By requesting a reservation through Arcana, you represent and warrant that you are physically fit and medically able to participate in physical exercise, that you have obtained any physician clearance appropriate to your condition, and that you are not aware of any medical condition that would make participation unsafe. Where a studio requires such a representation as a condition of attendance, you authorize Arcana to make this representation on your behalf.

Your account

You access Arcana through an account created with your email address. You are responsible for keeping your login credentials secure and for all activity that occurs under your account. Maintain one account per person, keep your information accurate, and notify us promptly of any unauthorized use. You may request deletion of your account at any time from within the app, and we honor deletion requests within 30 days.

Membership and credits

A paid Arcana membership grants a set number of class credits for a given period, according to the tier you select. One credit is used per class reservation unless stated otherwise.

• Founding memberships are offered to a limited number of invited members and are billed as described at checkout. Credits are valid only within the membership period they are issued for and do not roll over unless we expressly say so.
• Credits have no cash value, are not transferable, cannot be sold or exchanged, and are not redeemable for cash except where required by law.
• Availability: classes and studios are subject to availability and may change. We do not guarantee that any particular class, instructor, studio, or time will be available.

Payments and billing

Membership payments are processed on our website by our third-party payment processor (Stripe). By purchasing a membership, you authorize the applicable charge and confirm that your payment information is accurate. Prices are shown at checkout and are exclusive of any applicable taxes, which may be added.

Founding memberships are charged as presented at checkout (for example, a one-time charge for the founding period). Except where required by law or expressly stated by us, payments are non-refundable. We may change our prices and membership offerings going forward; any change applies to future purchases, not amounts already paid.

Reservations, cancellations, and no-shows

When you reserve a class, a credit is held or consumed for that reservation. Cancellation and late-cancellation rules depend on the studio’s policy:

• On-time cancellation: if you cancel within the studio’s standard cancellation window, your credit is returned to your account.
• Late cancellation or no-show: if you cancel outside that window or do not attend, the credit is forfeited, and you may be responsible for any late-cancellation or no-show fees the studio charges.
• Studio cancellation: if a studio cancels a class, your credit is returned.

Assumption of risk and studios

Physical exercise carries inherent risks, including the risk of serious injury. You participate in any class or activity booked through Arcana voluntarily and at your own risk. You should consult a physician before beginning any exercise program, and you are responsible for exercising within your own limits and following the instructions and rules of each studio.

Because studios are independent and operate their own facilities and instruction, Arcana is not responsible for their acts or omissions, the condition of their premises or equipment, the conduct or qualifications of their instructors, or any injury, loss, or damage you may suffer in connection with a class. Studios may have their own terms, waivers, and rules, which you agree to follow. To the fullest extent permitted by law, you release Arcana from claims arising out of your participation in classes and activities booked through the Service.

You agree that any liability waiver, assumption-of-risk agreement, or code of conduct that Arcana signs on your behalf with a studio applies to you in full, as if you had signed it personally, and that you assume all risks covered by it. You remain solely responsible for participating safely and within your own limits.

Even though Arcana books, creates accounts, and signs agreements on your behalf, you remain independently responsible for reviewing and complying with each studio’s cancellation policies, rules, and safety guidelines. We identify the studio so you can review its policies; complying with them is your responsibility.

Acceptable use

When using Arcana, you agree not to:

• Resell, sublicense, or transfer your membership, credits, or access to anyone else
• Use the Service for any unlawful purpose or in violation of a studio’s rules
• Access the Service through automated means, scrape it, or attempt to circumvent its limits or security
• Interfere with, disrupt, or place undue load on the Service or its infrastructure
• Misrepresent your identity or provide false information

Intellectual property

Arcana and its content, branding, software, and design are owned by Arcana Fit Inc. or its licensors and are protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not copy, modify, distribute, or create derivative works from the Service except as expressly permitted. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

Third-party services

The Service relies on third parties, including our payment processor and the booking platforms used by studios. Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services we do not control.

Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of liability

To the fullest extent permitted by law, Arcana and its founders, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or relating to your use of the Service. To the fullest extent permitted by law, our total liability for any claim relating to the Service will not exceed the amount you paid to Arcana in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Arcana Fit Inc. and its founders, employees, and agents from any and all claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or relating to:

• your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party
• any injury, loss, or damage you suffer at, or in connection with, a studio
• any claim that Arcana lacked authority to create an account, make a representation, or sign a waiver or agreement on your behalf
• any claim brought by a studio or other third party alleging unauthorized signature, fraud, or misrepresentation in connection with a waiver, agreement, account, or representation executed or made on your behalf

Termination

You may stop using the Service and request deletion of your account at any time. We may suspend or terminate your access if you violate these Terms or if we are required to by law. Provisions that by their nature should survive termination, including payment obligations, disclaimers, limitations of liability, and indemnification, will survive.

Changes to the Service and these Terms

We may update the Service and these Terms as Arcana evolves. When we change these Terms, we will revise the version number and “Last updated” date above, and material changes will be communicated by email or in our apps. By continuing to use the Service after an update takes effect, you agree to the revised Terms.

Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. If a dispute arises, we ask that you first contact us at founders@arcana.fit so we can try to resolve it informally. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York, and you consent to venue there.

Contact

Questions about these Terms? Reach us at:

• Arcana Fit Inc.
• 251 Little Falls Drive, Wilmington, DE 19808
• Email: founders@arcana.fit