These Terms of Service ("Terms") govern your access to and use of the Motion Club mobile application, website at emiliemelton.com, subscriptions, content, community features, and related services (collectively, the "Services") provided by By Emilie LLC, doing business as Motion Club ("Motion Club," "we," "our," or "us").
1. Acceptance of Terms
By accessing or using the Services, creating an account, or purchasing a subscription, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 13 years old to use the Services. If you are under the age of legal majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian.
3. Accounts
You agree to provide accurate information, maintain the security of your login credentials, and promptly notify us of unauthorized access. You are responsible for activity that occurs through your account.
4. Subscriptions, Trials, Billing, and Cancellation
Paid features may be offered through recurring subscriptions. Unless otherwise stated at purchase, subscriptions automatically renew at the then-current price until canceled. A free trial may convert to a paid subscription at the end of the trial period unless canceled beforehand. You may cancel through the platform or account used to purchase the subscription. Cancellation stops future renewals but does not ordinarily provide a refund for the current billing period.
5. Refunds
Except where required by law or expressly stated at purchase, payments are nonrefundable. Purchases made through Apple, Google, Everfit, or another third-party platform may also be subject to that platform's billing and refund rules.
6. Health, Fitness, and Nutrition Disclaimer
The Services provide general educational and informational content related to fitness, nutrition, habits, and wellness. They are not medical advice, diagnosis, treatment, physical therapy, mental-health treatment, or individualized care from a licensed healthcare professional. Consult a qualified healthcare provider before beginning or changing an exercise, nutrition, supplement, or wellness program, especially if you are pregnant, postpartum, nursing, injured, managing a medical condition, taking medication, or have a history of disordered eating.
Stop exercising and seek appropriate medical care if you experience pain, dizziness, faintness, shortness of breath beyond normal exertion, or other concerning symptoms. You voluntarily assume the risks associated with physical activity and lifestyle changes.
7. No Guarantee of Results
Individual results vary. We do not guarantee weight loss, muscle gain, improved health, income, performance, or any other specific result from using the Services.
8. User Content and Community Conduct
You may be able to post comments, messages, photos, progress updates, and other content ("User Content"). You retain ownership of your User Content, but grant us a nonexclusive, worldwide, royalty-free license to host, store, reproduce, display, and use it as necessary to operate and improve the Services.
You may not post content that is unlawful, threatening, harassing, abusive, defamatory, fraudulent, sexually explicit, invasive of privacy, infringing, dangerous, or otherwise harmful. You may not impersonate others, distribute spam, interfere with the Services, or attempt unauthorized access. We may remove content or suspend or terminate accounts that violate these Terms.
9. Intellectual Property
The Services and all materials provided by Motion Club—including workouts, programs, recipes, videos, graphics, text, branding, templates, and software—are owned by or licensed to By Emilie LLC and are protected by intellectual-property laws. Your subscription grants you a limited, personal, nonexclusive, nontransferable, revocable license for your own noncommercial use. You may not copy, reproduce, sell, share, distribute, publish, or create derivative works from the materials without written permission.
10. Third-Party Services
The Services may link to or integrate with third-party platforms, payment processors, app stores, health platforms, or websites. We are not responsible for third-party services, policies, content, or availability.
11. Future AI Features
Some current or future features may use automated or AI-assisted technology to personalize or organize content. Such outputs may be incomplete or inaccurate and should not be treated as medical, legal, financial, or other professional advice. You remain responsible for decisions made based on the Services.
12. Termination
You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms, create risk or harm, fail to pay applicable fees, or misuse the Services. Provisions that by their nature should survive termination will remain in effect.
13. Disclaimer of Warranties
To the fullest extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, availability, or uninterrupted operation.
14. Limitation of Liability
To the fullest extent permitted by law, By Emilie LLC, Motion Club, and their owners, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business opportunities arising from or related to the Services. Our total liability for any claim will not exceed the amount you paid to us for the Services during the six months before the event giving rise to the claim, or $100 if you paid nothing, except where a different limitation is required by law.
15. Indemnification
You agree to indemnify and hold harmless By Emilie LLC, Motion Club, and their owners, employees, contractors, and affiliates from claims, damages, losses, liabilities, and expenses arising from your misuse of the Services, your User Content, or your violation of these Terms or applicable law.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles. Any dispute that is not otherwise resolved must be brought in a court of competent jurisdiction located in Utah, except where applicable consumer law requires otherwise.
17. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last Updated" date. Continued use of the Services after an update means you accept the revised Terms.
18. Contact
By Emilie LLC d/b/a Motion Club
138 E 12300 S Unit #953
Draper, UT 84020
Email: emilie@emiliemelton.com