MOTUS INSTITUTE

TERMS AND CONDITIONS OF USE

Effective date: 15 August 2026
Last updated: 15 August 2026

These Terms and Conditions of Use ("Terms") form a legally binding agreement between you and Tradii, Inc., a corporation incorporated in the State of Delaware, United States ("Tradii", "Motus Institute", "we", "us" or "our").

Tradii operates the Motus Institute brand and provides online Pilates, movement, exercise, fitness, wellness and instructor-education content.

These Terms apply to your use of:

1. the Motus Institute website;

2. any Motus Institute course portal, learning-management system or member area;

3. any mobile application, community, landing page or digital platform operated by or on behalf of Motus Institute that links to these Terms;

4. our digital courses, programmes, challenges, memberships, subscriptions, workshops, assessments, certificates, downloads, videos, livestreams and educational resources; and

5. any related services, communications or digital content supplied by Tradii.

Collectively, these are referred to as the "Services."

IMPORTANT NOTICE

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCEPTING THEM OR PARTICIPATING IN ANY MOTUS INSTITUTE PROGRAMME.

These Terms contain important provisions concerning:

• physical exercise and health risks;

• voluntary assumption of risk;

• a release and waiver of certain claims, including claims arising from the ordinary negligence of Tradii, Inc. and other Released Parties where applicable law permits such a release;

• participation in unsupervised and remotely delivered exercise;

• automatic subscription renewals;

• cancellation and refund restrictions;

• limitations of liability;

• binding individual arbitration where enforceable;

• waiver of jury trials where enforceable; and

• waiver of class, collective and representative proceedings where enforceable.

BY CLICKING TO ACCEPT THESE TERMS, CREATING AN ACCOUNT, PURCHASING A PROGRAMME OR ACCESSING PAID CONTENT AFTER BEING PRESENTED WITH THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND SPECIFICALLY AGREE TO THE HEALTH, ASSUMPTION OF RISK, RELEASE AND LIABILITY PROVISIONS IN SECTIONS 17, 18, 40, 41, 43 AND 44.

If you do not agree, do not purchase, access or participate in the Services.

Nothing in these Terms excludes, restricts or modifies a right or remedy that applicable law does not permit you to waive.

These Terms also contain important information concerning statutory cancellation and withdrawal rights that may apply to consumers in the European Union and European Economic Area.

Eligible consumers may have a statutory right to withdraw from certain online contracts within 14 days, as described in Section 13A.

For eligible subscription purchases, an electronic withdrawal function may also be made available through the Thinkific billing or account interface.

1. ACCEPTANCE OF THESE TERMS

By doing any of the following after being presented with these Terms, you agree to be legally bound by them:

1. creating an Account;

2. clicking a button, checkbox or other electronic control indicating acceptance of these Terms;

3. purchasing or enrolling in a Programme;

4. commencing a free or discounted trial;

5. accessing paid Content; or

6. otherwise using Services that require acceptance of these Terms.

Your electronic acceptance is intended to constitute your electronic signature and agreement to these Terms.

You specifically acknowledge that your acceptance applies to the Assumption of Risk, Release and Waiver of Liability in Section 18.

You acknowledge that you have had the opportunity to review these Terms before accepting them and may retain an electronic copy for your records.

If you do not agree to these Terms, you must not purchase or use the Services.

Where you purchase or use Services on behalf of a company, studio, organisation or other legal entity, you represent that you have authority to bind that entity to these Terms. In that circumstance, "you" includes both you and the relevant entity where applicable.

2. ABOUT TRADII AND MOTUS INSTITUTE

The Services are operated by:

Tradii, Inc.
A Delaware corporation
Operating the Motus Institute brand

Business address:

5432 Geary Blvd
Unit 897 
San Francisco, CA 94121 US

Customer support:
[email protected]

Legal notices:
[email protected]

Motus Institute is a trading brand and educational platform operated by Tradii.

References to Motus Institute on our Website, Programmes, invoices, marketing materials or communications are references to Services supplied by Tradii unless expressly stated otherwise.

3. DEFINITIONS

In these Terms:

"Account" means the personal user account through which you access the Services.

"Content" means videos, audio, photographs, graphics, exercise demonstrations, exercise sequences, written materials, manuals, workbooks, lesson plans, programmes, quizzes, assessments, templates, downloads, nutritional information, livestreams, recordings, software and other materials made available through the Services.

"Participant" means any person who performs, attempts or participates in exercise, movement, practical instruction or another physical activity demonstrated, recommended or discussed through the Services.

"Programme" means any course, challenge, membership, subscription, teacher-training programme, workshop, digital programme, assessment, certification pathway or other paid or free offering made available through the Services.

"Released Parties" means Tradii, Inc., Motus Institute and, to the extent permitted by applicable law, their respective parents, subsidiaries, affiliates, successors, assigns, directors, officers, employees, instructors, educators, presenters, assessors, agents and contractors.

"Subscription" means a Programme that renews automatically at recurring intervals until cancelled.

"Website" means the Motus Institute website and any related page, portal or digital property linking to these Terms.

4. ELIGIBILITY AND MINORS

You must generally be at least 18 years old and legally capable of entering into a binding agreement to independently purchase or use paid Services.

The Services are not directed to children under 13.

A person under 18 may participate only where:

1. Motus Institute permits participation by that age group;

2. a parent or legal guardian has reviewed and accepted these Terms;

3. the parent or guardian has authority to consent to the minor's participation;

4. the parent or guardian determines that the Programme is appropriate;

5. appropriate adult supervision is provided where reasonably necessary; and

6. participation is permitted by applicable law.

Where a parent or guardian permits a minor to participate, the parent or guardian:

1. accepts these Terms personally;

2. acknowledges the risks of the minor's participation;

3. accepts responsibility for determining whether the environment and activities are appropriate for the minor;

4. agrees to supervise the minor where appropriate; and

5. to the fullest extent permitted by applicable law, agrees to the assumption-of-risk and release provisions in Section 18 on their own behalf and, only where legally effective, on behalf of the minor.

Nothing in these Terms purports to waive any right of a minor that applicable law does not permit a parent or guardian to waive.

We may request proof of age, identity, parental authority or legal capacity where reasonably necessary.

5. ACCOUNTS

You may be required to create an Account.

You agree to:

1. provide accurate and current information;

2. maintain only one personal Account unless otherwise approved;

3. keep your password and credentials confidential;

4. promptly update material information;

5. notify us of suspected unauthorised access; and

6. accept responsibility for activity conducted through your Account except to the extent caused by our own failure to use reasonable security measures.

Programme access is personal to the registered user unless otherwise stated.

You must not:

1. share login credentials;

2. permit another person to complete a Programme or assessment through your Account;

3. use one enrolment for multiple people;

4. sell, rent, transfer or sublicense an Account;

5. impersonate another person;

6. create an Account using materially false information; or

7. create another Account to evade suspension or termination.

6. PROGRAMME INFORMATION

Each Programme may have its own:

1. description;

2. inclusions;

3. level;

4. access period;

5. prerequisites;

6. equipment requirements;

7. price;

8. payment terms;

9. assessment requirements;

10. certificate requirements; and

11. refund or cancellation conditions.

Information displayed on the relevant sales or checkout page forms part of these Terms.

Where a Programme-specific term directly conflicts with these general Terms, the Programme-specific term applies to that Programme to the extent of the conflict, subject to mandatory law.

Exercise classifications such as beginner, intermediate or advanced are general descriptions only and do not establish that an exercise is safe or appropriate for any particular person.

7. ORDERS AND ENROLMENT

A Programme listing is an invitation to purchase and not a binding offer from us.

Your order constitutes an offer to purchase the selected Programme.

We may reject an order where:

1. a price or description contains an obvious error;

2. we reasonably suspect fraud;

3. payment is unauthorised;

4. eligibility requirements are not met;

5. the Programme is unavailable;

6. supply would violate applicable law; or

7. you are in material breach of these Terms.

Your purchase is accepted when we send confirmation or provide access.

If we reject an order after collecting payment, we will refund the amount charged for that rejected order.

8. PRICES, CURRENCY AND TAXES

Programme prices are displayed before purchase.

Prices may be displayed in U.S. dollars or another identified currency.

Your payment provider may impose:

1. foreign-exchange conversions;

2. international transaction charges;

3. banking charges; or

4. other fees.

Unless expressly stated otherwise, prices exclude transaction taxes that we are legally required to add separately.

We may change future prices at any time.

A price change does not retrospectively alter a completed one-time purchase.

Subscription changes are governed by Section 12.

9. PAYMENT PROCESSING

Payments may be processed through third-party payment providers including Stripe and PayPal.

By providing payment information, you represent that:

1. the information is accurate;

2. you are authorised to use the payment method;

3. you authorise the applicable charges; and

4. sufficient funds or credit are available.

We generally do not receive or store complete card information.

Payment providers may independently process information for fraud prevention, legal compliance and payment administration.

10. ONE-TIME PURCHASES

A one-time purchase provides access to the selected Programme for the period stated at purchase.

It will not automatically renew unless the checkout clearly identifies it as a recurring Subscription.

You will not be charged again unless:

1. you make another purchase;

2. you separately agree to a Subscription;

3. you agree to an instalment payment plan; or

4. another charge was clearly disclosed and authorised.

11. PAYMENT PLANS

Where a Programme is purchased using instalments, the payment plan divides the agreed purchase price into scheduled payments.

A payment plan is not a monthly cancellable Subscription unless expressly stated otherwise.

By selecting a payment plan, you agree to pay all scheduled instalments even if you:

1. stop participating;

2. do not complete the Programme;

3. change your mind;

4. fail an assessment;

5. experience a change in personal circumstances; or

6. cease accessing the Programme.

This does not affect rights that cannot lawfully be excluded.

If a payment fails, we may:

1. retry payment;

2. request another payment method;

3. suspend access;

4. withhold certification while amounts are lawfully outstanding; or

5. pursue amounts properly due.

12. SUBSCRIPTIONS AND AUTOMATIC RENEWAL

12.1 Recurring charges

Before purchasing a Subscription, the checkout will disclose the material recurring-payment terms available through the applicable platform, including the price and billing frequency.

By purchasing a Subscription, you authorise recurring charges to the selected payment method until cancellation.

12.2 Automatic renewal

Unless cancelled, a Subscription will renew automatically at the applicable billing interval.

12.3 Cancellation

You may cancel using the methods made available through your Account, the applicable platform or customer support.

You do not need to provide a reason.

Unless otherwise stated, cancellation takes effect at the end of the current paid period.

Deleting an application, abandoning an Account or simply ceasing to use the Services does not by itself cancel a Subscription.

12.4 Trials

A free or discounted trial may convert to a paid Subscription at the end of the disclosed trial period.

By commencing such a trial, you authorise the disclosed charge unless you cancel before the applicable deadline.

12.5 Price changes

We may change Subscription pricing.

Where required, reasonable advance notice will be provided and any additional consent required by applicable law will be obtained.

You may cancel before a price increase takes effect.

12.6 Failed payments

Where a recurring payment fails, we may retry payment, request updated payment information, restrict access or cancel the Subscription.

13. REFUNDS

Except where:

1. a Programme-specific refund policy provides otherwise;

2. we voluntarily agree otherwise; or

3. applicable law requires a refund,

purchases are non-refundable after digital access has been provided.

Where permitted by applicable law, by requesting immediate access to digital Content you request that supply begins before the expiry of any otherwise applicable cooling-off period and acknowledge any legally valid consequence of requesting immediate performance.

We do not ordinarily provide refunds merely because:

1. you changed your mind;

2. you did not complete the Programme;

3. you did not achieve a particular result;

4. you found the Programme too difficult;

5. your availability changed;

6. your health or circumstances changed;

7. you failed an assessment;

8. you failed to cancel before renewal; or

9. a Programme was subsequently discounted.

Nothing in this Section affects mandatory consumer remedies.

14. CHARGEBACKS AND PAYMENT DISPUTES

Before commencing a chargeback, you are encouraged to contact us so we can investigate.

Nothing prevents you from exercising a lawful right to dispute an unauthorised or incorrect charge.

We may provide a payment provider with relevant information including:

1. purchase records;

2. acceptance records;

3. course-access records;

4. cancellation records;

5. communications;

6. refund records; and

7. payment authorisations.

Knowingly submitting a fraudulent chargeback may constitute a breach of these Terms.

15. ACCESS PERIODS

The applicable access period is stated on the Programme page or checkout.

Access may be:

1. for a fixed period;

2. for the duration of a Subscription;

3. challenge or cohort based;

4. until a stated date; or

5. described as lifetime access.

Unless expressly stated otherwise, "lifetime access" means access for the commercial life of the relevant Programme while we continue to operate and support it. It does not mean the natural lifetime of the purchaser.

We may migrate Content to another platform.

16. PROGRAMME CHANGES AND AVAILABILITY

We may update or modify:

1. instructors;

2. filming;

3. presentation;

4. lesson order;

5. exercises;

6. modifications;

7. supporting resources;

8. assessments;

9. technology providers; and

10. community functionality.

We may correct inaccurate or outdated information.

We will not intentionally remove the essential substance of a paid Programme during an expressly promised access period without a reasonably comparable replacement unless removal is reasonably necessary because of:

1. law;

2. safety;

3. third-party rights;

4. licensing restrictions;

5. technical necessity;

6. cybersecurity;

7. platform discontinuation; or

8. circumstances outside our reasonable control.

17. HEALTH, FITNESS AND MEDICAL DISCLAIMER

17.1 General educational Services only

Motus Institute provides general educational information and exercise instruction concerning Pilates, movement, fitness, anatomy, wellbeing and, in some Programmes, general nutrition.

The Services are not a substitute for individual healthcare.

Unless expressly provided by an appropriately licensed practitioner acting in that professional capacity, the Services do not constitute:

1. medical advice;

2. medical diagnosis;

3. physiotherapy;

4. rehabilitation treatment;

5. psychological treatment;

6. dietetic treatment;

7. emergency care; or

8. individual clinical supervision.

No doctor-patient, physiotherapist-patient or other regulated healthcare relationship is created merely through use of the Services.

17.2 Your health responsibility

You are responsible for determining whether you are physically and medically capable of participating.

Before commencing or materially changing an exercise programme, you should obtain appropriate advice from a qualified healthcare professional where reasonably indicated.

This is particularly important if you:

1. are pregnant or recently postnatal;

2. have an injury or illness;

3. have recently undergone surgery;

4. experience chest pain;

5. experience fainting or unexplained dizziness;

6. experience unusual shortness of breath;

7. have a cardiovascular, neurological, metabolic or musculoskeletal condition;

8. have osteoporosis or reduced bone density;

9. have pelvic-floor symptoms;

10. take medication affecting exercise tolerance;

11. have previously been advised to restrict physical activity; or

12. are uncertain whether exercise is suitable.

17.3 Stop if symptoms occur

You must immediately stop the activity if you experience:

1. chest pain;

2. faintness;

3. severe dizziness;

4. unusual or severe shortness of breath;

5. sudden weakness;

6. loss of balance;

7. numbness;

8. severe or unusual pain;

9. loss of consciousness; or

10. another concerning symptom.

Seek appropriate medical or emergency assistance where required.

17.4 Exercise modifications

Modifications and regressions shown through the Services are general examples.

They are not personalised recommendations and may not be suitable for your particular:

1. health status;

2. injury;

3. pregnancy;

4. postnatal recovery;

5. disability;

6. anatomy;

7. experience level; or

8. medical history.

17.5 No emergency monitoring

Motus Institute does not provide emergency monitoring.

If you experience an emergency, contact the emergency services available in your location.

18. VOLUNTARY PARTICIPATION, ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY

18.1 IMPORTANT LIABILITY WAIVER

THIS SECTION AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY.

By accepting these Terms and voluntarily participating in exercise, Pilates, fitness, movement, practical instruction or physical activities made available through the Services, you acknowledge and agree to this Section 18.

The provisions in this Section apply only to the fullest extent permitted by the law that applies to you.

Where a jurisdiction does not allow a particular liability to be released, excluded or limited, that liability is not released, excluded or limited by these Terms.

18.2 Voluntary participation

Your participation is voluntary.

You are free to:

1. decline an exercise;

2. stop an exercise;

3. reduce intensity;

4. use a modification;

5. take a break;

6. discontinue a Programme; or

7. obtain professional advice before continuing.

You are responsible for exercising within your own capabilities.

18.3 Nature of physical activity

You acknowledge that Pilates, fitness training, movement and exercise involve inherent and other risks.

These risks may exist even where reasonable care is exercised.

Risks include, without limitation:

1. muscle soreness;

2. strains;

3. sprains;

4. tears;

5. joint injury;

6. back or neck injury;

7. falls;

8. impact injuries;

9. fractures;

10. head injury;

11. loss of balance;

12. aggravation or recurrence of an existing injury;

13. aggravation of an existing medical condition;

14. cardiovascular stress;

15. abnormal blood-pressure responses;

16. dizziness or fainting;

17. shortness of breath;

18. equipment malfunction;

19. collision with equipment, furniture, another person or another object;

20. injury arising from resistance bands, weights, Pilates apparatus, props or other equipment;

21. delayed muscle soreness;

22. neurological injury;

23. serious bodily injury;

24. permanent disability;

25. medical complications; and

26. death.

This list is illustrative and not exhaustive.

18.4 Risks of remote and prerecorded instruction

You specifically acknowledge that many Motus Institute Services are provided remotely through prerecorded or online instruction.

Unlike an in-person instructor, Motus Institute may be unable to:

1. see you while you exercise;

2. observe your technique;

3. assess your physical condition;

4. identify incorrect form;

5. know whether you are experiencing symptoms;

6. inspect your equipment;

7. inspect your exercise environment;

8. physically assist you;

9. prevent a fall;

10. provide individual modifications;

11. determine whether an exercise is appropriate for you in real time; or

12. respond to an emergency occurring at your location.

You voluntarily accept the additional risks arising from this lack of real-time physical supervision.

18.5 Your exercise environment

Before participating, you agree to take reasonable steps to ensure that:

1. you have sufficient clear space;

2. the floor or exercise surface is suitable;

3. nearby objects do not create an unreasonable hazard;

4. children, pets or other people will not unexpectedly interfere;

5. lighting is adequate;

6. you are wearing appropriate clothing and footwear where relevant;

7. your device is positioned so that viewing it does not create a hazard; and

8. you have access to assistance where your circumstances reasonably require it.

18.6 Equipment responsibility

If you use a reformer, weights, resistance bands, Pilates props, furniture or other equipment, you are responsible for:

1. checking that the equipment is suitable;

2. checking it for visible damage or wear;

3. using equipment only for its intended purpose;

4. following the manufacturer's instructions;

5. understanding how to use the equipment safely;

6. selecting appropriate resistance, weight and settings;

7. ensuring equipment is stable;

8. stopping if equipment appears damaged or unsafe; and

9. seeking qualified in-person assistance if you do not understand how to use it.

Unless Motus Institute expressly supplied the equipment as the seller, we do not manufacture and are not responsible for defects in equipment supplied by unrelated third parties.

18.7 Assumption of risk

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL INHERENT AND REASONABLY FORESEEABLE RISKS ASSOCIATED WITH YOUR PARTICIPATION IN THE PHYSICAL ACTIVITIES PROVIDED, DEMONSTRATED OR DISCUSSED THROUGH THE SERVICES, WHETHER KNOWN OR UNKNOWN, INCLUDING THE RISK OF PERSONAL INJURY, AGGRAVATION OF AN EXISTING CONDITION, PROPERTY DAMAGE, DISABILITY AND DEATH.

You understand that this assumption of risk is a material condition of your participation.

18.8 Express release of ordinary negligence where legally permitted

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, FOR YOURSELF AND YOUR ESTATE, HEIRS, PERSONAL REPRESENTATIVES AND PERMITTED SUCCESSORS, RELEASE, WAIVE AND DISCHARGE THE RELEASED PARTIES FROM CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS OR LIABILITIES FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN PHYSICAL ACTIVITIES THROUGH THE SERVICES, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

THIS RELEASE EXPRESSLY INCLUDES, WHERE LEGALLY PERMITTED, ORDINARY NEGLIGENCE BY TRADII, INC., MOTUS INSTITUTE AND THE OTHER RELEASED PARTIES THEMSELVES.

Where legally permitted, the release includes claims alleging ordinary negligence in connection with:

1. selecting an exercise;

2. designing or programming a workout;

3. sequencing exercises;

4. demonstrating an exercise;

5. describing an exercise;

6. providing movement cues;

7. providing a progression or regression;

8. failing to provide a progression or regression;

9. providing general safety information;

10. an alleged failure to warn of a risk;

11. production or presentation of Content;

12. providing prerecorded instruction;

13. providing remote instruction;

14. the absence of individual supervision;

15. the inability to observe a Participant;

16. general educational information;

17. the ordinary acts or omissions of instructors, presenters, employees or contractors; and

18. other ordinary negligent acts or omissions associated with the provision of exercise Content.

This provision is intended to be an express release of claims arising from the Released Parties' own ordinary negligence, wherever such a release is legally enforceable.

18.9 Covenant not to bring released claims

To the fullest extent permitted by applicable law, you agree not to commence or maintain a claim against a Released Party to the extent that the claim has been validly released under Section 18.8.

This provision does not prevent you from:

1. making a claim that applicable law does not permit you to waive;

2. reporting conduct to a regulator;

3. contacting law enforcement;

4. exercising a mandatory consumer right; or

5. seeking a judicial determination as to whether a purported release is legally enforceable.

18.10 Liabilities not released

Nothing in these Terms releases, excludes or limits liability to the extent that applicable law prohibits doing so.

Without limiting that principle, the release is not intended to exclude liability that cannot lawfully be excluded for:

1. fraud;

2. fraudulent misrepresentation;

3. intentional or wilful misconduct;

4. gross negligence where it cannot lawfully be released;

5. reckless conduct where it cannot lawfully be released;

6. a deliberate violation of law;

7. legally protected consumer guarantees;

8. death or personal injury caused by negligence where applicable law prohibits such an exclusion; or

9. any other non-waivable right or liability.

18.11 If part of the waiver is unenforceable

If any part of this Section 18 is invalid or unenforceable in your jurisdiction:

1. that provision will be limited to the maximum extent legally enforceable;

2. any narrower valid release will continue to apply;

3. the assumption-of-risk acknowledgements will continue to apply independently to the extent lawful;

4. the health and safety acknowledgements will remain effective;

5. the remainder of these Terms will continue in effect; and

6. no unenforceable provision will be interpreted as expanding liability beyond what applicable law otherwise provides.

18.12 Material inducement

You acknowledge that the risk allocation contained in this Section is a material part of the basis on which Motus Institute makes remotely delivered exercise Content available.

18.13 No guarantee of safety

The existence of this waiver does not mean that Motus Institute guarantees that participation is safe for you.

You remain responsible for deciding whether and how to participate.

19. NUTRITIONAL INFORMATION

Any recipe, meal suggestion, nutritional guide or food-related information is general educational information only.

It is not individual medical or dietetic advice.

You are responsible for considering:

1. allergies;

2. intolerances;

3. pregnancy;

4. breastfeeding;

5. medical conditions;

6. medications;

7. cultural or religious requirements;

8. nutritional needs; and

9. any history of disordered eating.

20. RESULTS DISCLAIMER

Individual outcomes vary.

We do not guarantee:

1. weight loss;

2. body-composition changes;

3. increased strength;

4. increased flexibility;

5. pain reduction;

6. injury recovery;

7. appearance changes;

8. rehabilitation outcomes;

9. business income;

10. employment;

11. professional success;

12. social-media results; or

13. another particular outcome.

Testimonials and examples describe individual experiences and are not guarantees.

21. INSTRUCTOR EDUCATION AND CERTIFICATION

Some Programmes provide Pilates or movement instructor education.

Unless expressly stated otherwise:

1. the Programme is private education;

2. it is not a university qualification;

3. it is not a government occupational licence;

4. it is not automatically recognised by every employer, insurer, association or regulator;

5. it does not authorise medical diagnosis or treatment;

6. it does not guarantee professional insurance;

7. it does not guarantee employment; and

8. it does not replace local licensing, registration, first-aid, CPR, safeguarding or insurance requirements.

You are responsible for determining the professional requirements that apply where you intend to practise.

22. ASSESSMENTS AND CERTIFICATES

Where a Programme includes assessment:

1. submitted work must be your own;

2. you must not impersonate another learner;

3. you must comply with assessment instructions;

4. information submitted must be accurate;

5. permission must be obtained from people appearing in submitted videos; and

6. completion of lessons alone may not establish entitlement to certification.

We may require reassessment or further evidence.

A certificate may be withheld, suspended or revoked where obtained through fraud, impersonation, falsified evidence, serious academic misconduct or another material breach affecting the integrity of the credential.

Any review will be handled consistently with the Motus Institute Grievance and Appeals Policy.

23. PROFESSIONAL RESPONSIBILITY

If you apply knowledge obtained through the Services in your own professional practice, you remain responsible for:

1. practising within your lawful scope;

2. maintaining competence;

3. screening clients appropriately;

4. obtaining informed consent;

5. carrying appropriate insurance;

6. maintaining professional boundaries;

7. protecting privacy;

8. complying with workplace and safety laws;

9. referring clients appropriately; and

10. complying with applicable professional requirements.

Motus Institute does not supervise independent services you provide to your own clients.

24. LICENCE TO USE THE SERVICES

Subject to payment and compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to access the applicable Services during your access period.

You may use Content for:

1. personal education;

2. personal exercise; and

3. application of general knowledge and skills in lawful professional practice.

You may not reproduce the Content itself for clients, learners or third parties unless expressly authorised.

25. INTELLECTUAL PROPERTY

The Services and Content are owned by or licensed to Tradii and are protected by intellectual-property laws.

This includes, where legally protectable:

1. Motus Institute branding;

2. videos;

3. photographs;

4. graphics;

5. written course materials;

6. manuals;

7. assessments;

8. lesson plans;

9. software;

10. Website content; and

11. original course structures and materials.

No ownership is transferred to you.

26. PROHIBITED USE OF CONTENT

Without written permission you must not:

1. copy or republish Content;

2. screen-record Content;

3. distribute Content;

4. sell or sublicense Content;

5. upload Content to another learning platform;

6. share login credentials;

7. distribute assessment answers;

8. remove ownership notices;

9. scrape or systematically extract Content;

10. bypass access controls;

11. use Content to train an AI or machine-learning system;

12. translate and commercially redistribute Content; or

13. create a competing product by substantially reproducing protected Content.

27. ACCEPTABLE USE

You must not use the Services to:

1. violate law;

2. harass or threaten another person;

3. discriminate unlawfully;

4. infringe intellectual-property rights;

5. compromise privacy;

6. distribute malware;

7. compromise system security;

8. obtain unauthorised access;

9. send spam;

10. impersonate Motus Institute or another person;

11. make false certification claims; or

12. facilitate fraud or deception.

28. COMMUNITY FEATURES

Community features may include:

1. comments;

2. discussion areas;

3. livestream chats;

4. groups; and

5. challenge communities.

You are responsible for your interactions.

We may moderate or remove material that reasonably appears unsafe, unlawful, abusive, misleading, infringing or inconsistent with these Terms or our Code of Ethical Practice.

29. USER CONTENT

You retain ownership of Content you submit.

You grant Tradii a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display User Content as reasonably necessary to:

1. deliver Services;

2. administer assessments;

3. provide support;

4. moderate communities;

5. maintain security; and

6. comply with law.

We will not use a private assessment submission as public advertising without separate permission.

30. FEEDBACK

If you provide general feedback or suggestions, you grant us a perpetual, worldwide, royalty-free right to use that feedback to improve our Services and business.

This does not transfer ownership of your personal information.

31. LIVE SESSIONS AND RECORDINGS

A Programme may include livestreams or video sessions.

A session may be recorded where:

1. participants are appropriately notified;

2. recording is reasonably necessary; and

3. recording is permitted by applicable law.

You must not independently record or redistribute sessions without permission.

32. THIRD-PARTY PLATFORMS

Services may rely on third parties including:

1. Thinkific;

2. Stripe;

3. PayPal;

4. video-hosting providers;

5. email platforms;

6. analytics services;

7. social-media platforms; and

8. cloud providers.

Third-party services may also be subject to their own terms.

We are not responsible for independent acts of a third party except to the extent applicable law makes us responsible.

33. THIRD-PARTY LINKS

Links to third-party websites or products do not necessarily constitute endorsement.

We do not control the independent practices of those third parties.

34. PRIVACY

Our handling of personal information is described in the Motus Institute Privacy Policy.

Third-party platforms may independently process information under their own privacy policies.

35. COMMUNICATIONS

We may send transactional communications relating to:

1. purchases;

2. account security;

3. courses;

4. assessments;

5. subscriptions;

6. legal notices; and

7. customer support.

Marketing communications will be sent subject to applicable law and may be unsubscribed from using the available method.

36. COPYRIGHT COMPLAINTS

Copyright complaints may be directed to:

Email: [email protected]

A complaint should identify:

1. the copyrighted work;

2. the allegedly infringing material;

3. the location of that material;

4. the complainant's contact details;

5. the basis for the complaint; and

6. any information required by applicable copyright law.

Where legally required, additional designated-agent information will be published or registered.

37. SUSPENSION AND TERMINATION

We may suspend or terminate access where we reasonably believe:

1. you materially breached these Terms;

2. payment is overdue;

3. payment has been fraudulently reversed;

4. you shared an Account;

5. you copied or distributed Content;

6. you committed fraud;

7. your conduct presents a material safety or security risk;

8. you harassed another person;

9. you materially compromised an assessment; or

10. suspension is required by law.

Serious fraud, piracy, threats or security attacks may result in immediate action.

38. EFFECT OF TERMINATION

Upon termination:

1. your licence to affected Content ends;

2. unauthorised copies must be deleted;

3. amounts properly due remain payable;

4. provisions intended to survive remain effective; and

5. records may be retained where lawfully required.

39. SERVICE AVAILABILITY

We do not guarantee uninterrupted access.

You are responsible for:

1. internet connectivity;

2. suitable devices;

3. compatible software;

4. adequate bandwidth; and

5. telecommunications charges.

Temporary outages and reasonable maintenance do not create an automatic refund right unless required by law.

40. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

We disclaim warranties that may legally be disclaimed, including implied warranties relating to:

1. merchantability;

2. fitness for a particular purpose;

3. non-infringement;

4. uninterrupted availability;

5. compatibility;

6. accuracy; and

7. achievement of results.

Nothing in this Section excludes a warranty or consumer guarantee that cannot lawfully be excluded.

41. LIMITATION OF LIABILITY

41.1 Application with Section 18

This Section operates together with the assumption-of-risk and release provisions in Section 18.

Where Section 18 validly releases a claim, that release applies.

Where a claim cannot legally be released, the limitations below apply only to the extent permitted by law.

41.2 Excluded categories of loss

To the fullest extent permitted by law, the Released Parties will not be liable for:

1. indirect loss;

2. consequential loss;

3. loss of profit;

4. loss of revenue;

5. loss of opportunity;

6. loss of goodwill;

7. loss of data;

8. business interruption;

9. reputational loss; or

10. punitive or exemplary damages.

41.3 Liability cap

For claims that can legally be limited but are not otherwise validly released, Tradii's aggregate monetary liability arising from the relevant Services will not exceed the greater of:

1. the amount you paid Tradii for the affected Programme during the 12 months preceding the event giving rise to the claim; or

2. US$100.

41.4 Non-excludable liability

The limitation does not apply where and to the extent that applicable law does not permit limitation, including applicable liability for:

1. fraud;

2. wilful misconduct;

3. gross negligence where non-excludable;

4. reckless conduct where non-excludable;

5. death or personal injury where limitation is prohibited; or

6. mandatory consumer rights.

Where a jurisdiction allows liability to be limited but not completely excluded, liability will be limited to the maximum extent lawfully permitted.

42. INDEMNITY FOR PROFESSIONAL OR UNLAWFUL USE

Where you use the Services for professional or business purposes, you agree, to the extent permitted by law, to indemnify Tradii and its personnel against third-party claims reasonably arising from:

1. services you independently provide to your clients;

2. your professional negligence;

3. your breach of applicable professional duties;

4. your unlawful conduct;

5. your User Content;

6. your infringement of another person's rights;

7. unauthorised reproduction of Content; or

8. your material breach of these Terms.

This indemnity does not require you to indemnify a Released Party for liability that applicable law prohibits transferring to you.

For a person acting solely as a consumer, this Section applies only to the extent legally permitted.

43. INTERNATIONAL USERS AND MANDATORY LOCAL RIGHTS

The Services are supplied from the United States and are available internationally.

Because consumer, negligence, recreational-activity and liability-waiver laws differ between jurisdictions, Sections 17, 18, 40, 41 and 42 are intended to operate to the maximum extent permitted in the jurisdiction applicable to the particular claim.

Nothing in these Terms is intended to deprive you of mandatory rights that cannot legally be waived.

If a provision would be unlawful in your jurisdiction:

1. it will not apply to the extent of that prohibition;

2. it will be interpreted as narrowly as necessary to make it lawful where possible;

3. any valid narrower limitation or release will continue to apply; and

4. the remainder of the Terms will remain in effect.

The fact that one jurisdiction does not permit a particular release does not prevent that provision from applying in another jurisdiction where it is lawful.

43.1 United States

For Participants in the United States, the assumption-of-risk and ordinary-negligence release in Section 18 is intended to apply to the fullest extent permitted by the applicable state law.

Where state law permits an adult participant to release claims arising from the ordinary negligence of an exercise, fitness or recreational service provider, you expressly agree that the release includes the own ordinary negligence of Tradii and the other Released Parties.

Nothing releases liability that applicable state law declares non-waivable.

43.2 United Kingdom

For consumers in the United Kingdom, nothing in these Terms excludes or restricts liability for death or personal injury resulting from negligence where such exclusion or restriction is prohibited by applicable UK law.

Other liability provisions apply only to the extent that they satisfy applicable requirements of fairness, reasonableness and consumer law.

Your statutory rights are not affected.

43.3 European Economic Area

For consumers located in the European Economic Area, these Terms do not exclude or limit rights or liabilities where doing so would be prohibited or constitute a non-binding unfair contractual term under applicable consumer law.

Mandatory consumer protections in your country of residence continue to apply.

Any liability release in Section 18 will therefore operate only to the extent permitted under the national law applicable to you.

43.4 New Zealand

For New Zealand consumers, nothing in these Terms is intended to contract out of the Consumer Guarantees Act 1993 or Fair Trading Act 1986 where contracting out is prohibited.

Any assumption-of-risk or release provision applies only to the extent permitted by New Zealand law.

43.5 Canada

For Canadian consumers, mandatory federal and provincial consumer rights continue to apply.

The liability and waiver provisions apply only to the extent permitted by the law of the applicable province or territory.

43.6 Other jurisdictions

For consumers elsewhere, any mandatory consumer, personal-injury, negligence or recreational-services law applicable to you prevails over these Terms to the extent it cannot legally be varied by agreement.

44. AUSTRALIAN CONSUMERS AND RECREATIONAL SERVICES

44.1 Australian Consumer Law generally

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy under the Australian Consumer Law where it cannot lawfully be excluded, restricted or modified.

44.2 Recreational services

To the extent that:

1. the Australian Consumer Law applies; and

2. a Service supplied by Tradii constitutes "recreational services" for the purposes of section 139A of the Competition and Consumer Act 2010 (Cth),

you agree that, to the fullest extent permitted by section 139A and any other applicable Commonwealth, State or Territory law, liability for a failure to comply with an otherwise applicable consumer guarantee may be excluded, restricted or modified in relation to:

1. death;

2. physical injury;

3. mental injury;

4. aggravation, acceleration or recurrence of an injury;

5. contraction, aggravation or acceleration of a disease; or

6. another condition or occurrence of the kind permitted to be covered by applicable recreational-services legislation.

This Section is intended to operate only to the extent legally permitted.

44.3 Reckless conduct

Nothing in Section 44.2 is intended to exclude liability for significant personal injury caused by Tradii's reckless conduct where section 139A or another applicable law prohibits that exclusion.

44.4 State and Territory laws

Australian States and Territories may have additional provisions concerning recreational activities, risk warnings, consumer guarantees and liability.

These Terms operate subject to those laws and are intended to provide the maximum lawful protection to Tradii without excluding rights that cannot legally be excluded.

45. PROMOTIONS AND DISCOUNTS

Promotions, giveaways and competitions may have separate rules.

Unless otherwise stated:

1. discounts cannot be combined;

2. discounts have no cash value;

3. discounts are not retrospective;

4. eligibility may be restricted;

5. codes may expire; and

6. promotions affected by fraud or material error may be cancelled where lawful.

46. ELECTRONIC COMMUNICATIONS AND ACCEPTANCE

You agree that contracts, notices, disclosures and records may be provided electronically to the extent permitted by law.

Your electronic acceptance of these Terms is intended to constitute your electronic signature.

This includes acceptance performed through Thinkific or another checkout, enrolment or account interface.

You acknowledge that your electronic acceptance applies to all provisions of these Terms, including the assumption-of-risk and liability waiver in Section 18.

Where the relevant platform records information concerning acceptance, that information may be used as evidence of:

1. the version of the Terms presented;

2. the Account or user associated with acceptance;

3. the date or time of acceptance;

4. enrolment or purchase; and

5. subsequent access to the Services.

We recommend retaining a copy of these Terms for your records.

47. INFORMAL DISPUTE RESOLUTION

Before commencing arbitration or litigation, the complaining party should send written notice describing:

1. the party's name;

2. contact information;

3. relevant Account or order;

4. the nature of the dispute; and

5. the requested remedy.

Notices to Tradii may be sent to:

[email protected]

The parties will attempt in good faith to resolve the dispute for at least 30 days.

This does not prevent urgent interim relief or use of a mandatory consumer, privacy or regulatory process.

48. BINDING INDIVIDUAL ARBITRATION

48.1 Agreement

To the fullest extent legally enforceable, disputes arising from these Terms or Services will be resolved through final and binding individual arbitration rather than court proceedings.

This provision is governed by the U.S. Federal Arbitration Act where applicable.

48.2 Administrator

Unless otherwise required by applicable law, arbitration will be administered by the American Arbitration Association under the rules applicable to the dispute.

48.3 Exceptions

Either party may:

1. bring an eligible individual small-claims action;

2. seek urgent injunctive relief;

3. seek relief concerning intellectual-property infringement or unauthorised access;

4. report conduct to a regulator or authority; or

5. pursue any remedy that applicable law does not permit to be subjected to mandatory arbitration.

48.4 International consumers

Where applicable consumer law does not permit Tradii to require arbitration, this Section will not prevent the consumer from bringing a claim in the forum protected by that law.

48.5 Opt-out

Where this arbitration provision is enforceable against you, you may opt out by emailing [email protected] within 30 days after first accepting these Terms.

Your notice must clearly state that you wish to opt out of the arbitration agreement and identify the email address associated with your Account.

49. CLASS-ACTION AND JURY-TRIAL WAIVER

To the fullest extent permitted by applicable law, disputes subject to arbitration will proceed individually and not as a class, collective or representative action.

Where a dispute lawfully proceeds in a U.S. court, you and Tradii waive trial by jury to the fullest extent permitted by law.

This Section does not apply where a class-action, representative-action or jury waiver is prohibited or unenforceable under applicable law.

50. GOVERNING LAW

Subject to mandatory consumer protections, these Terms and disputes arising from them are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles.

The U.S. Federal Arbitration Act governs arbitration provisions where applicable.

A Delaware choice-of-law provision does not deprive a consumer of mandatory protections applicable in the consumer's place of residence where those protections cannot lawfully be waived.

51. COURT JURISDICTION

For disputes not subject to arbitration, you and Tradii consent, to the fullest extent permitted by law, to jurisdiction in the state and federal courts having jurisdiction in Delaware.

This does not override a mandatory consumer right to bring proceedings in another jurisdiction.

52. CHANGES TO THESE TERMS

We may update these Terms to reflect:

1. changes to Services;

2. legal developments;

3. security requirements;

4. changes to payment practices;

5. changes to Programme offerings; or

6. operational changes.

The revised Terms will display a new "Last updated" date.

Where required, material changes will be communicated and renewed consent will be obtained.

A material change will not be applied retrospectively where doing so would be unlawful.

53. TRANSITION OF BUSINESS OPERATOR

From the effective date stated above, the Services covered by these Terms are operated by Tradii, Inc.

These Terms govern purchases, renewals and use occurring after their effective date.

Where an earlier purchase was made from another Motus Institute operating entity, earlier terms may continue to govern that purchase unless the contractual relationship has been lawfully transferred, you have accepted updated Terms or applicable law provides otherwise.

54. ASSIGNMENT

You may not transfer your rights under these Terms without our written consent.

We may assign these Terms in connection with:

1. an affiliate;

2. merger;

3. corporate reorganisation;

4. sale of the Motus Institute business;

5. sale of relevant assets; or

6. successor operator,

provided any assignment complies with applicable law.

55. FORCE MAJEURE

We are not responsible for delay or failure caused by circumstances outside our reasonable control, including:

1. natural disasters;

2. fire;

3. flood;

4. war;

5. government action;

6. widespread internet failure;

7. cloud-provider outage;

8. cyberattack;

9. labour disruption; or

10. failure of a critical supplier.

This does not exclude mandatory rights.

56. NO WAIVER BY TRADII

A failure or delay by Tradii in enforcing a contractual right does not waive that right.

A waiver by Tradii must be express.

57. SEVERABILITY AND MAXIMUM LAWFUL EFFECT

If any provision is held invalid or unenforceable:

1. it will be enforced to the maximum extent permitted;

2. it will be narrowed where a lawful narrower interpretation is available;

3. the invalid portion will be severed only to the extent necessary; and

4. the remainder of these Terms will continue in effect.

This Section specifically applies to the assumption-of-risk, waiver, release, liability limitation, arbitration and class-action provisions.

The intention is that each such provision receive the maximum lawful effect independently available in the jurisdiction applicable to the dispute.

58. INTERPRETATION

Headings are for convenience.

"Including" means including without limitation.

References to laws include amendments and replacement legislation.

Nothing will be interpreted as excluding a mandatory legal right unless applicable law expressly permits that right to be excluded and these Terms clearly do so.

59. ENTIRE AGREEMENT

These Terms, together with:

1. applicable Programme descriptions;

2. checkout disclosures;

3. Programme-specific conditions;

4. the Privacy Policy;

5. the Code of Ethical Practice;

6. the Grievance and Appeals Policy; and

7. applicable promotion rules,

constitute the agreement concerning the relevant Services.

Nothing excludes liability for fraudulent representations where such liability cannot be excluded.

60. NO THIRD-PARTY BENEFICIARIES

Except for Released Parties expressly protected by Sections 18, 40, 41 and 42, these Terms do not create enforceable rights for unrelated third parties.

The Released Parties are intended beneficiaries of the provisions expressly protecting them.

61. CONTACT US

Questions, complaints and support requests may be directed to:

Tradii, Inc.
Operating as Motus Institute
Email: [email protected]
Address: 

5432 Geary Blvd
Unit 897 
San Francisco, CA 94121 US

Please include your Account email and relevant order or Programme information.

62. FINAL ACKNOWLEDGEMENT AND EXPRESS AGREEMENT

BY ACCEPTING THESE TERMS ELECTRONICALLY, YOU ACKNOWLEDGE AND AGREE THAT:

1. you have been given the opportunity to read these Terms before participating;

2. you understand that these Terms form a legally binding agreement;

3. you understand that Pilates, exercise, fitness and movement involve risks of injury and, in rare cases, serious injury, disability or death;

4. you understand that many Motus Institute workouts are delivered remotely or through prerecorded Content and are not individually supervised;

5. Motus Institute cannot observe your physical condition, technique, environment or equipment during prerecorded participation;

6. you are responsible for determining whether participation is appropriate for you;

7. you are responsible for using a reasonably safe exercise environment and suitable equipment;

8. you will stop exercising and seek appropriate assistance if you experience concerning symptoms;

9. you understand that the Services are general education and are not a substitute for individual medical advice;

10. you voluntarily assume the inherent and reasonably foreseeable risks described in Section 18;

11. where applicable law permits, you expressly release Tradii, Inc., Motus Institute and the other Released Parties from claims for injury, death or property damage caused in whole or in part by their own ordinary negligence, as specifically described in Section 18;

12. you understand that this release does not apply to liabilities that applicable law prohibits you from waiving;

13. you understand that mandatory consumer rights remain protected;

14. you understand the refund and cancellation provisions;

15. you understand that Subscriptions automatically renew until cancelled;

16. you understand that instructor-education Programmes may not satisfy every jurisdiction's professional requirements;

17. you understand the dispute-resolution provisions;

18. you intend your electronic acceptance to constitute your agreement and electronic signature; and

19. you have had the opportunity to retain a copy of these Terms.

IF YOU DO NOT ACCEPT THESE TERMS, INCLUDING THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY IN SECTION 18, DO NOT PARTICIPATE IN THE SERVICES.