In the event of a conflict between any policies posted on the MYX Fitness Service and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between MYX Fitness and you and supersedes all prior agreements and understandings regarding the same.
By purchasing a MYX Fitness Subscription you agree to the following terms and conditions, which supplement and form a part of the MYX Fitness Terms of Service. Capitalized terms not defined here have the meaning given to them in the MYX Fitness Terms of Service.
Subscription Coverage and Billing Cycle
Subscriptions. By purchasing a Subscription you will get full access to all of MYX Fitness’s available classes, content, and features on the MYX Fitness Bike to which the Subscription is attached for as long as that Subscription remains active. The account holder of the Subscription will be the person who activated the Subscription (the “Subscription Holder”). As a Subscription Holder, you may possess one or more MYX Fitness Subscriptions.
Subscription Coverage.With a Subscription, other users in your household will have the same access to MYX Fitness’s content that the Subscription Holder enjoys. The Subscription Holder will be the person responsible for all activity under the Subscription.
Billing Cycle. All MYX Fitness Subscriptions recur on a monthly basis until they are cancelled in accordance with the terms below. Billing occurs at the beginning of the Subscription cycle and provides unlimited access for one month thereafter.
Commitment and Prepaid Periods
Commitment Period. When you first sign up for a Subscription you may be required to agree to a specific price and plan, which may include a commitment period term of one or more years (“Commitment Period”). You agree to maintain your Subscription for the applicable Commitment Period. The price available with your plan is valid until the Commitment Period expires, at which time your Subscription will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Subscription level.
Prepaid Period. When you first sign up for a Subscription, you may be given the opportunity to prepay for a period of one or more years of your Subscription (“Prepaid Period”). At the conclusion of your Prepaid Period, your Subscription will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Subscription level. Prepaid Periods may be different than Commitment Periods.
Other Offers. MYX Fitness may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of these Purchase and Subscription Terms. Unless specified in writing, all discount offers that require a payment are non-refundable, and all free months offered are in addition to the Commitment Period. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Purchase and Subscription Terms.
Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal, your Subscription will be automatically extended following any Prepaid Period and Commitment Period on a month-to-month basis, at the then-current non-promotional rate. To change or terminate your Subscription, go to your Account Settings at https://www.myxfitness.com/settings or contact Member Support at 1-203-433-7000. If you terminate your Subscription after your Prepaid Period or Commitment Period, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period. For more information on cancelling your Subscription, please read the following section.
Termination or Cancellation of Subscription
Cancellation of Subscription. You may only cancel your Subscription after the expiration of your Commitment Period, except as described in the next paragraph. You agree that if you cancel your plan before the end of the Commitment Period, you will pay an early termination fee that includes, at a minimum, an immediate charge of the remaining balance on the Commitment Period. Amounts prepaid for Prepaid Periods will not be refunded, except as described in the next paragraph.
Termination within the Refund Period. If you terminate and return your MYX Fitness Bike in accordance with our Refund Policy, then any associated Subscription fees will be fully refunded to you.
Suspension/Termination by MYX Fitness. MYX Fitness may immediately terminate or suspend your account, and all or a portion of your Subscription, without notice if: (a) your payment is more than 15 days overdue; (b) you provide false or inaccurate information; (c) you violate these Purchase and Subscription Terms, the Terms of Service or any other MYX Fitness rules or agreements then in effect; (d) you engage in conduct that is a violation of any applicable law or tarrif (including, without limitation, copyright and intellectual property laws); or (e) if you engage in conduct that is threatening, abusive or harassing to MYX Fitness employees, agents, or other MYX Fitness users, including, for example, making threats to physically harm or damage property.
If we terminate or suspend your Subscription, your license to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable). If your Subscription is terminated, MYX Fitness has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges through the date of termination. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
Subscription Holders agree to pay the monthly fee specified when you purchased your MYX Fitness Bike and/or signed up for a Subscription. If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Billing Authorization. You may be asked to provide a credit, charge or debit card number from a card issuer that we accept in order to activate your Subscription – your authorizations in this section also apply to our payment processor and any other company who acts as a billing agent for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for the Subscription and/or to place a hold on your payment method with respect to any unpaid charges for Subscriptions. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Purchase and Subscription Terms shall be accepted as authorization to the issuer of the credit card to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither MYX Fitness, nor any MYX Fitness agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Purchase and Subscription Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
Third-Party Payment Processor. You agree to pay us, through our payment processor or financing partner (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.
Financing Purchase. If you finance the purchase of your Subscription, you agree to abide by the terms of the financing agreement that governs your purchase, which will be provided to you separately. Unless we tell you otherwise at the time of purchase, if you finance the purchase of a Subscription, your Commitment Period will be equal to the length of the financing. In addition, you agree to supply MYX Fitness with a credit or debit card prior to the end of your Commitment Period, or your Subscription will terminate at the end of your Commitment Period.
Bill Inquiries and Refunds. If you believe you have been billed in error for a Subscription, please notify us within 60 days of the billing date by contacting Member Support at 1-203-433-7000 or emailing email@example.com. MYX Fitness will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.