Terms and Conditions.

Agreement to Our Legal Terms

We are HIVECRAFT S.R.L., doing business as MotionHive ("Company," "we," "us," "our"), a company registered in Romania.

We operate the website motionhive.fit and its subdomains (including app.motionhive.fit), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at contact@motionhive.fit or by mail to Soporului, nr. 8C, bl. C, sc. 2, et. 1, ap. 58, Cluj-Napoca, Cluj 400482, Romania.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and HIVECRAFT S.R.L., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to contact@motionhive.fit. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "Prohibited Activities" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

3. User Representations

By using the Services, you represent and warrant that:

• you have the legal capacity and you agree to comply with these Legal Terms;
• you are at least 18 years of age;
• you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
• you will not use the Services for any illegal or unauthorized purpose;
• your use of the Services will not violate any applicable law or regulation; and
• all information you provide is true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. Except for legitimate transactions expressly facilitated through the Services (such as instructors offering and selling their sessions, memberships, and related services), the Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts, data mining, robots, or similar data gathering and extraction tools.
• Attempt to impersonate another user or person, or use the username of another user.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Harass, annoy, intimidate, or threaten any of our employees, agents, instructors, or other users.
• Solicit, arrange, or accept payments outside the Services' payment system in order to avoid applicable platform fees.
• Misrepresent your identity, credentials, certifications, or qualifications, or provide services that require a license or certification that you do not hold.
• Record, stream, or photograph sessions without the consent of the other participants.
• Use copyrighted music or content in sessions (including streamed or online sessions) without holding the appropriate licenses.
• Sell or otherwise transfer your profile or account.

5. User Generated Contributions

The Services may invite you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, profile information, group posts, or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:

• your Contributions do not infringe the proprietary or intellectual property rights of any third party;
• you have the necessary licenses, rights, consents, and permissions to use and authorize us and other users to use your Contributions as necessary to provide the Services;
• your Contributions are not false, inaccurate, or misleading;
• your Contributions are not unsolicited or unauthorized advertising, spam, or other forms of solicitation;
• your Contributions are not obscene, lewd, harassing, defamatory, hateful, or otherwise objectionable, and do not violate any applicable law or the rights of others.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

6. Contribution License

You and the Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, display, reproduce, and distribute your Contributions solely for the purpose of operating and providing the Services. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions to the Services.

7. Health, Fitness, and Assumption of Risk

Participation in physical activity, exercise, and fitness sessions offered through the Services involves inherent risks, including the risk of serious injury, illness, or death. You acknowledge that you participate in all sessions and activities voluntarily and at your own risk. You represent that you are in good health and physically able to participate, and you agree to consult a qualified physician before beginning any exercise program. MotionHive does not provide medical advice, and no content available through the Services is a substitute for professional medical advice, diagnosis, or treatment. To the fullest extent permitted by law, you assume all risks associated with your participation, and instructors are solely responsible for the safety and conduct of the sessions they offer.

8. Marketplace Role and Independent Instructors

MotionHive operates as a platform that connects independent instructors and group organisers with individuals seeking fitness sessions, classes, and related services. Instructors are independent third parties and are not employees, agents, or representatives of MotionHive. MotionHive is not a party to any agreement formed between an instructor and a client, and we do not control, endorse, or guarantee the quality, safety, legality, or delivery of any services offered by instructors. Payments between users are processed through Stripe, and instructors are responsible for their own pricing, tax obligations, qualifications, and compliance with applicable laws. Any dispute regarding services is solely between the instructor and the client, although we may, at our discretion, assist in resolving such disputes.

9. Purchases, Payments, and Fees

Where you purchase sessions, memberships, subscriptions, or other services through the Services:

• Payments are processed by our third-party payment processor, Stripe, and are subject to Stripe's terms and policies. You agree to provide current, complete, and accurate payment information.
• Prices are set by the relevant instructor. MotionHive may charge a platform fee on transactions facilitated through the Services.
• Subscriptions and memberships are billed in advance on a recurring basis until cancelled. You may cancel at any time, and cancellation takes effect at the end of the current billing period.
• Refunds, where applicable, are handled in accordance with our refund practices, including a 14-day refund window for eligible purchases.

Consumers in the European Union have a statutory right of withdrawal for certain purchases. Where you request that the supply of digital content or services begins during the withdrawal period, you expressly consent to such immediate performance and acknowledge that you thereby lose your right of withdrawal once the service has been fully performed, in accordance with applicable consumer protection law (including, where applicable, Romanian OUG 34/2014). Nothing in this section affects your mandatory statutory consumer rights.

10. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

11. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

12. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We cannot guarantee the Services will be available at all times. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

13. Governing Law

These Legal Terms are governed by and interpreted in accordance with the laws of Romania, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Subject to the mandatory rights of consumers described in the "Dispute Resolution" section below, you and HIVECRAFT S.R.L. irrevocably consent that the competent courts of Romania shall have jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

14. Dispute Resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (a "Dispute"), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any court proceedings. Such informal negotiations commence upon written notice from one party to the other.

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be resolved by the competent courts of Romania, in accordance with the "Governing Law" section above. Nothing in this section deprives consumers of the protection afforded by the mandatory provisions of the law of their country of residence; consumers resident in the European Union retain the right to bring proceedings in, and may only be sued in, the courts of their country of residence, in accordance with applicable law.

15. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

16. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES. WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE. NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

Nothing in these Legal Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. If you are a consumer, these limitations do not affect your mandatory statutory rights.

18. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. This indemnification obligation does not apply to the extent a loss arises from our own negligence or wilful misconduct, or where excluded by applicable law.

19. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. Our processing of your personal data is described in our Privacy Policy.

20. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

21. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

22. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us: