EMY TERMS AND CONDITIONS (“the Terms”) 

By downloading the EMY app, you (“the customer”) understands and agrees to the Terms set out below, and the terms and conditions of EMY (“EMY") and Global Fitness Holdings Ltd, which are more fully detailed below. 

After creating your account: 

Once you have subscribed for the EMY content viewable on the EMY app, click the following link 

https://emyapp.com/subscription/checkout/success, follow the link to the relevant App store, download the EMY app, log in and you are ready to view workout videos. 

EMY Subscription, Prices and Special Discounts 

If you wish to continue accessing the EMY app content after the first 7 day period free trial is over (if free trial applicable), you must pay a recurring monthly amount to EMY. 

Please ensure that you terminate your subscription within the free trial period (if applicable), failing which you will automatically subscribe to the monthly subscription detailed below. 

The standard monthly price of an EMY app subscription is set out on the website through which you subscribed. The EMY app will not alter the pricing of your subscription while it is current but may alter the pricing of new subscriptions from time to time without notice. EMY reserves the right to offer special discounts to limited groups of subscribers without notice. 

Cancellation of your customer account :

You have the right to cancel your EMY app subscription at any time by following the process described below. 

If you cancel your subscription: 

● during the free trial period (if applicable), your subscription will terminate on the last day of that period; 

● at any time after the expiry of the free trial period, your subscription will run for recurring 30 (monthly) or 365 (annual) day subscription periods until the end of the relevant subscription period in which you cancel as described below and your subscription will not renew and you will not be changed for the following subscription period. 

If you purchased your subscription via Apple In-App Purchase, and you wish to cancel please cancel your subscription with Apple directly via https://support.apple.com/en-gb/HT202039

Apple will refund your subscription fee in accordance with its policies. 

If you purchased your subscription via the https://emyapp.com/gym/EMY web page: 

● please click https://emyapp.com/signin and log in using your personal login details; 

● scroll to the bottom and click the cancel button; and 

● a pop up message will be shown asking if you are sure you want to cancel – click “Yes” if you are sure you would like to cancel. 

EMY and/or Global Fitness Holdings Ltd may suspend, restrict or terminate your EMY account and/or your access to the EMY App with or without notice if we believe that a customer has breached these Terms. This does not limit EMY and/or Global Fitness Holdings’ rights to take any other actions against you that we consider appropriate. 

If any act, omission, event or circumstance occurs which is not reasonably foreseeable or is beyond the reasonable control of EMY and/ or Global Fitness Holdings Ltd and which delays or prevents EMY and/or Global Fitness Holdings Ltd from complying with these Terms EMY and/or Global Fitness Holdings will not be liable for any failure to perform or delay in performing its obligations. 

By downloading the EMY app, customers agree to indemnify EMY and Global Fitness Holdings Ltd and their respective employees and directors, and release and hold them all harmless against any and all losses, damages, rights, claims and actions of any kind in connection with this offer or resulting from acceptance and participation in the offer including, without limitation, personal injuries, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy. 

The EMY app was developed by Global Fitness Holdings Ltd on behalf of EMY. By downloading EMY you agree to the below (in addition to the above): 

“We,” “our” or “us” refers to Global Fitness Holdings Ltd. and our subsidiaries. “Sudor” refers to this technology platform and the services offered by us. EMY refers to EMY which owns the video content the customer will view on the EMY app. 

By using EMY you agree to these terms and to the other policies we include on the Ts&Cs on our website which are subject to change from time to time without notice. Please read them carefully and let us know by emailing support@sudor.fit if you have any questions. We do our best to respond to all queries as soon as possible but we cannot guarantee a response time. 

These terms are also subject to the terms and rules of the App store from whose site

you downloaded the EMY app. For information about the App store terms see the relevant App store sites. For information on our data practices, please see our Privacy Policy. We can collect, process and use personal information in accordance with those policies. 

EMY refers to its customers as “Fans” and therefore, all references to “Fans” below are references to the customer / you. A Fan is someone who subscribes for a video and/or audio content on the EMY app. As a Fan, if you do not agree to these terms, you must not use our services. 

Intellectual Property 

All intellectual property rights in the software relating to the App belongs to Global Fitness Holding Ltd and its licensors. The use of the App by a Fan will not entitle the Fan to any ownership (including copying or editing or harvesting of any information or any similar action) of the app. 

All video and/or audio content viewed by a Fan after subscribing for any of the EMY subscriptions below belongs to EMY. 

EMY and Global Fitness Holdings Ltd grants the Fans a limited, non-exclusive, non-transferable, revocable license to view its videos and/or listen to its audio on the EMY app and reserve all rights not expressly granted in these Terms. 

Warranty disclaimer 

We do our best to make sure the EMY app works as expected, but stuff happens. 

EMY and Global Fitness Holdings videos, audio files and software are provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. 

The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers. 

Physical Activity Disclaimer 

The EMY video and audio content including workouts viewable on the EMY app may contain physical activity and encourage general wellness. These activities or workouts may be physically demanding. 

As a Fan, it is your responsibility to consider the risks involved in exercise and consult with a medical professional prior to using this app should you be concerned whether following activities and/or workouts available on the EMY app are appropriate for you.

Neither EMY nor Global Fitness Holdings shall be in any way responsible for any injury suffered while following any activities and/or workouts on Sudor or any other platform, including the internet where you may view an EMY video. 

Dispute Resolution 

If you have a problem please talk to us, but you are limited in how you can resolve disputes. 

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of the EMY app, and it cannot be resolved after you talk with us, then it is agreed that these terms are governed by the law of England and Wales and all parties to these Terms and Conditions can only bring claims in the courts of England.