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Terms & Conditions

This Terms and Conditions Agreement (this “Agreement”) contains the terms and conditions for users of the AFYA website at www.afya.fit (the “Website”) as well as the AFYA platform on which we supply content, products, or services listed on the Website and through our applications (“Platform”). As the terms are used in this Agreement, “AFYA”, “us”, and “we” refer to AFYA Technologies Inc., and “you” refers to the user of the Platform (a “User”). By accessing or otherwise using the Platform or by creating an AFYA account, you agree to be bound by the following as of the date you first access the Platform or create an account (“Effective Date”). BY ACCESSING OR USING THE PLATFORM YOU AGREE TO THE TERMS OF THIS AGREEMENT. DO NOT ACCESS OR USE THE PLATFORM IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.

Please note that we may update this Agreement from time to time. We will attempt to notify you through your Platform account and the email address that you provided during registration of any changes to this Agreement. Changes will become effective immediately but will not apply retroactively. IF YOU DO NOT AGREE TO THE MODIFIED AGREEMENT, YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE PLATFORM.

AFYA’s terms and conditions (the “Terms”), which include terms incorporated by reference into these Terms, apply to all users of the Platform and form a legally binding agreement between you and AFYA. Please read them carefully and let us know if you have questions. You can only access and use the Platform in accordance with these Terms. By using the Platform, you also agree to our other policies, including our Privacy Policy and our Cookie Policy which talk about the use of your personal information as well as the End User License Agreement for the AFYA app. In addition, you are subject to the terms and conditions of other parties whose devices and services you use to access the Platform or an instructor-led fitness class (a “Class”). Please refer to the third parties’ terms and conditions as we are not liable to you for their services.

Your account with AFYA

In order to access the Platform or create an account with AFYA, you must be at least 13 years old. If you want to engage in a Class, you must be at least 18 years old or have your parent or guardian’s express permission. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. You are responsible for providing us with accurate information when creating an account with us on our Platform.

You are also responsible for the security of your account and anything that occurs when someone has signed into your account. Please contact us at support@afya.fit if you believe your account has been compromised.

The access to or use of certain areas and features of the Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions before you can access or use the relevant areas or features of the Platform. If there is a conflict between these Terms and the terms or policies applicable to a specific area or feature of the Platform, the latter terms or policies will take precedence unless stated otherwise.

Community Guidelines

We do not tolerate objectionable content or abusive Users on the Platform. AFYA employs multiple strategies to ensure everything you create complies with this commitment, including:

  • A method for filtering objectionable content,
  • A way for you to flag objectionable content, and
  • A mechanism for shutting down Classes on the Platform that violate these Terms.

If you have an account with AFYA or participate in Classes (whether Instructor (defined below) or Attendee (defined below)), you are part of the Platform’s community. We hope that you will contribute to and benefit from the Platform’s community, and we have created these Community Guidelines to shape and guide the community as it grows. An “Attendee” is a User who books, pays for, or attends the Classes. An “Instructor” is a User who creates, schedules, streams, and hosts Classes.

Users of the Platform are prohibited from engaging in activity that is:

(a) deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass, or upset people, including self-harm;

(b) racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability, or sexuality;

(c) defamatory of any person, obscene, offensive, pornographic, hateful (including promotion of hate speech or violence), or inflammatory;

(d) provides any medical, financial, or other licensed advice, whether or not you have a license;

(e) uses the Platform for any unsolicited advertising material, junk email, chain letters, automated, duplicative or unsolicited messages, pyramid schemes, or spam;

(f) distributes or otherwise abuses any private information of any third party (including Instructors with access to Attendee information using it for any purposes unrelated to AFYA or doxing);

(g) makes available any material or content of any type, including videos embedded on the Platform from a third party hosting site, to Users which does or may infringe any copyright, trademark or other intellectual property, proprietary, or privacy rights of any other person;

(h) causes AFYA to violate any applicable law, rule, or regulation, including those regarding the export of technical data;

(i) uses the Platform or encourages someone to use the Platform for terrorist activity, money laundering, fraud, gambling, or another criminal offense; or

(j) copies or stores any significant portion of User Content (as defined below) for personal use, unless allowed by AFYA.

We rely on you to report content that you find inappropriate or objectionable. Reporting content is anonymous, so other users can’t tell who initiated it. These Terms apply to Classes and any other content on the Platform, including messages you may send or receive.

You can report any other User or their content, including messages. Reported Users and content are reviewed by the AFYA team.

If we, in our sole discretion, determine that any action, Account (defined below) and/or User Content (defined below) are in violation of our policies, we will take action (ranging from a warning to permanently suspending the account and/or ending the Class/deleting/removing any associated content). The User whose content is acted upon will receive an email from us when we take action on the reported Account and/or videos so that they can contact us with any relevant information that they think we have not considered.

AFYA reserves the right to remove or disable access to content or an Account for any reason, including violations of the Community Guidelines above. We generally strive to work with Users to resolve any potential issues or violations and allow the user to continue to use the Platform.

Instructor Accounts

AFYA allows Instructors to schedule and stream live Classes at a scheduled time. Instructors can interact with Attendees during Classes when they are streaming, or through direct messaging. AFYA also works with Stripe, a well-established payments processor, to allow Instructors to receive fees for their Classes (or packages of Classes), or for recurring subscriptions, which, when purchased, allow an Attendee to attend an unlimited number of paid Classes for a single Instructor from the time that the subscription is activated until it is canceled (“Subscriptions” or a “Subscription”). Subscriptions auto-renew at the designated interval (e.g. weekly or monthly) until canceled and can be canceled at any time without any further obligation by the Attendee beyond the current billing period.

If you want to become an Instructor and create Classes (or become an Attendee and attend Classes), simply create an account with us (and accept the Terms) using your email address or by signing up through a third-party account (your “Account”). This will allow Attendees to access and attend your Classes. Attendees will also be able to pay you for your Classes through Stripe, once you set up a Stripe account and link a United States bank account to it. When you create your account, please provide accurate information and promptly update your details and any other information you provide to us to keep it current and complete. When setting up an account with Stripe, you will need to provide additional information, including, in some cases, your full Social Security number, or your government-issued identification. Instructor profiles on AFYA are available both to logged-in users and people who are not logged in to AFYA.

You are responsible (to us and to others) for the activity that occurs under your Account. It is important that you keep your Account password confidential. If you know or suspect that any third party knows your password or has accessed your Account, promptly notify us at support@afya.fit.

Creating a Class

Instructors can create a Class of ten minutes or more in the future. Instructors can allow up to 100 Attendees in each Class, with up to 15 having audio and cameras enabled (and viewable to each other if desired), and up to 85 who attend in a view-only capacity where they cannot share their audio or camera.

Taxes

AFYA is not responsible for any taxes you may incur by using the Platform other than as expressly stated. Instructors are responsible for reporting, filing, and paying their own taxes for income derived from the Platform. We do not withhold any taxes from your funds earned on the Platform, nor do we give advice on filing taxes.

Restrictions

We don’t allow any Classes or content that violate the Terms. If AFYA cancels an Instructor’s Class for violation of the Terms, Attendees will be given AFYA Credits for their full payment amount for the Class, and the Instructor will not be refunded their fees.

In addition to the Usage Restrictions/Community Guidelines above, there are limits to what is allowed in Classes or any communications via the Platform:

  • You cannot organize or advertise a multi-level marketing scheme, or direct sales business through the Platform;
  • You cannot organize or promote a raffle through the Platform;
  • You cannot promote or sell anything relating to consumables, alcohol, smoking substances, weapons or explosives, fireworks or anything related, drugs, pornography, medications, supplements, books that claim to help disease, or access to betting or gambling products or services through the Platform;
  • You cannot offer any financial advice, medical advice, or any other licensed advice;
  • We do not allow nudity on the Platform or in any Classes;
  • Classes that include anything illegal (child abuse, human or animal abuse, etc.) are not allowed.

This list is not exhaustive and might change in the future as technologies evolve. If you have doubts about aspects of your Class, please contact us.

As an Instructor, you are responsible for keeping safe and using appropriately, the data of the Attendees in your Classes. You may not use any personal data of other Users for any reasons other than those allowed by these Terms. Your Account cannot be sold or transferred for use by another Instructor.

Attendee Accounts

Information on Classes

When you sign up for a Class as an Attendee, your name, email address, and AFYA profile information are shared with that Instructor, as well as the number of classes you have attended with that Instructor. If the Instructor has allowed anyone with an AFYA Account to message them, you can message the Instructor before booking the Class through a link on the Instructor’s profile page. Otherwise, you will be able to message an Instructor for whom you have booked a Class or purchased a Subscription or Class Package.

Up to 100 Attendees can join each Class. The number of Attendees is decided by the Instructor when scheduling the Class. Up to 15 “Interactive” Attendees can have audio and video-enabled (and are viewable to each other), while the remaining Attendees, up to 85, have “View-Only” capacity and cannot share their audio or video with the Instructor or each other.

  • Interactive (Audio and video-enabled): You can interact with both Instructors and other Interactive Attendees through chat or audio, and your video can be seen by all Attendees and Instructors if you desire. Interactive Attendees control who can view their video: only themselves, only the Instructor, or everyone in the Class.
  • View-Only: Your video and audio will not be shared with the Instructor nor other Attendees, but you will be able to text-chat with others during the interactive warm-up and cool-down rooms.

Payments

Attendees are responsible for paying the published Instructor Class Fees in order to attend any paid Classes, as well as any applicable taxes. Class Fees must be paid through the Platform via the Platform’s Payment Processing Service. Payments made via Flex Pay are non-refundable and not able to be credited for AFYA Credits or anything else.

Taxes and Fees

Depending on your location, you may be subject to relevant taxes in your jurisdiction on top of your total Class charge or Subscription fee. Some banks may also charge you an additional transaction fee for your Class charge or Subscription fee. AFYA does not control these charges. Please contact your bank for more information.

Payment Processing Services

Payment processing services on the Platform are currently provided by Stripe (“Stripe Processing Services”). Stripe Processing Services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, or by continuing to use the Platform including your account on the Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified from time to time by Stripe. As a condition of AFYA enabling payment processing services through Stripe, you agree to provide AFYA accurate and complete information about you and your business, and you authorize AFYA to share it and transaction information related to your use of the payment processing services provided by Stripe.

Indemnity

You agree to defend, indemnify, and hold harmless AFYA, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your Account or these Terms or arising out of a breach of your obligations, representations, and warranties under these Terms.

Warranty Disclaimer

The Platform is 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 Instructors.

Limitation of Liability

To the extent permitted by law, we are not liable to you for any incidental, consequential, or punitive damages arising out of these terms, or your use or attempted use of the Platform. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of the Platform. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” are defined to include our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

AFYA Waiver

YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE CLASSES YOU MAY REGISTER FOR, ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING THE PLATFORM (AS EITHER AN ATTENDEE OR AN INSTRUCTOR), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS, AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.

YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING THE PLATFORM (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN, INSTRUCTING, OR USING A CLASS) AND TO DETERMINE IF AND HOW USING THE PLATFORM IS APPROPRIATE FOR YOU. DO NOT USE CLASSES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, PAIN, OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

YOU ALSO UNDERSTAND AND AGREE THAT THE PLATFORM OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING ON THE PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL, OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE PLATFORM AND/OR A CLASS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL. THE USE OF ANY CONTENT, RECOMMENDATIONS, AND INFORMATION PROVIDED ON OR THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK.

AFYA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS AS TO OUR WEBSITE’S ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH AFYA’S WEBSITE AND/OR THE PLATFORM WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.

THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS AFYA, ITS AFFILIATED ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE PLATFORM AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND OR/USE OF ANY CLASS (INCLUDING THOSE HELD OUTSIDE OF THE PLATFORM), INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.

Governing Law

These Terms and all other AFYA policies are governed by the laws of the State of Florida, excluding its conflict of laws provisions. If a lawsuit does arise, both you and AFYA agree that all claims and disputes regarding the Terms or the use of the Platform will be litigated exclusively in the United States District Court for the Middle District of Florida.

Miscellaneous

(a) Entire Agreement, Severability. These Terms and any referenced policies in the Terms are the entire agreement between you and us and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

(b) California Consumer Rights Notice. Under California Civil Code Section 1789.3, California Users of the Platform receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml. Users of the Platform who are California residents and are under 18 years of age may request and obtain removal of the User Content they posted by emailing us at privacy@afya.fit. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the User Content you want to be removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.

(c) Changes to the Terms. We amend these Terms and other policies from time to time. We will use commercially reasonable efforts to notify you of any material changes to these Terms, such as through a notice on our Platform; however, you should read these Terms regardless. We will also update the “Last Updated” date at the top of these Terms when they are updated. If you continue to use the Platform after the date of the new Terms, this means that you accept the new Terms.