Terms of Use

Trybe, Inc. provides an online membership platform (the “Services”) designed to help independent creators (the “Creators”) distribute content through our mobile applications, websites, and other managed media through which Trybe makes the Trybe Services available (collectively, the “Site”) where fans (the “Members”) can access the Creators’ content through a paid subscription, one-time payment, or for free with limited access. The Site and Services together are collectively referred to as the "Platform." Creators and Members are sometimes referred to collectively as “Users.” By using the Platform, you are agreeing to be bound by the following terms and conditions (the “Terms”).

When these Terms mention “Trybe, ” “we, ” “us, ” or “our, ” it refers to Trybe, Inc., a Delaware Corporation. We may sometimes make changes to these terms and policies and when we do, we will post the revised Terms on the Platform and update the “Last Updated” date at the top of these Terms. Any such changes shall be effective immediately. Continuing to use the Platform after a change is made means that you accept the new changes to the Terms. You can always find the latest Terms at https://trybe.do/terms and should check regularly for updates and changes. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms.

IF YOU DO NOT AGREE TO THE CURRENT TERMS OF USE, PLEASE DO NOT USE THE TRYBE PLATFORM, BECAUSE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TERMS OF USE FOR ITS USE.

Our collection and use of personal information in connection with your access to, and use of, the Platform is described in our Privacy Policy https://www.iubenda.com/privacy-policy/7826759. We encourage you to read our Privacy Policy carefully.

Relationship between Trybe, Creators, and Members

Trybe is only providing a platform where Creators can create and distribute content for Members and where Members and Creators may interact. Creators are not employees or independent contractors of Trybe and do not work on behalf of or under the direction of Trybe. We are not responsible for interactions between Creators and Members, with the exception of matters regarding the technological means through which Creators may make available their content on the Platform and for facilitating processing payments through our integration with third party payment services, such as Stripe, in-app purchases through the Apple App Store or Google Play Store, or similar payment processing services. Trybe is not liable for any disputes, claims, losses, injuries, or damages of any kind that may arise out of the Creator/Member relationship.

Content Ownership

Content recorded, uploaded, posted, or otherwise made available on the Platform by Creators or Members, is referred to herein as “User Content.” All of your User Content must be owned by you or you must have been granted prior permission to use such content by its owner. Trybe does not own any of the User Content. All of your User Content on the Platform is entirely your responsibility.

By submitting content on the Platform, you are providing Trybe with a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license to use, reproduce, distribute, perform, publicly display, or prepare derivative works of your creation (for example, creating lower resolution videos for Members with low speed internet connections). Trybe shall have the non-exclusive right and license to use associated names, trademarks, service marks, and logos to promote the Platform. We will never try to steal your creations or use them in an exploitative way.

You may not post any content that infringes on others' intellectual property or proprietary rights. Trybe respects the intellectual property of others and we request Users to do the same. In certain circumstances and at our discretion, we may, but are not obligated to, disable, suspend, and terminate the accounts of Users who may be infringing on the rights of others. If you believe that your User Content has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact us as soon as practically possible at legal@trybe.do with the following information:

1. 1.
   an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. 2.
   a description of where the material you claim is infringing is located on the Platform;
3. 3.
   your name, address, telephone number, and email address;
4. 4.
   a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
5. 5.
   a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.

Content Management

Your User Content is your responsibility and Trybe shall have no liability of any kind with respect to any User Content posted by you or others on the Platform. Trybe does not control or monitor User Content and, as such, does not guarantee in any manner the content, reliability, validity, accuracy, or truthfulness of such User Content, including but not limited to, content presented through the Platform. The User Content created by you must be owned by you or you must have been granted prior permission to use such content by its owner.

By using the Platform, you may be exposed to User Content that you consider offensive, indecent, or objectionable. Trybe has no responsibility to keep such content from you and no liability for your access or use of any User Content to the extent permissible by law. Although we have no obligation to do so, we have the absolute discretion to remove, screen, or edit without notice any User Content posted or stored on the Platform and we may do this at any time and for any reason in our sole discretion. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Platform.

Trybe shall have no responsibility for enforcing any rights you may claim in any User Content, which shall be your responsibility entirely, and you agree to hold harmless defend, and indemnify Trybe with respect to any claim you have that other Users are reproducing or using your User Content as well as for claims by other Users that you are reproducing or using their User Content without permission. Trybe will not arbitrate, mediate, or resolve any intellectual property or other disputes between Users and has no responsibility for doing so, other than as may be specifically required by law.

Trybe may preserve and store your account information and User Content if we believe in good faith that such preservation is necessary to comply with legal or regulatory processes; respond to claims that the User Content violates the rights of third parties; and/or to protect the rights, property, or personal safety of the Platform, its Users, and the public.

Practices Regarding Use and Storage

You acknowledge that Trybe may establish general practices and limits regarding use of the Platform including, without limitation, the maximum number of messages which may be sent or received from an account of the Platform; the maximum size of any message that may be sent from or received by an account of the Platform; the maximum amount of disk space, storage, and bandwidth that will be allotted on the Platform on your behalf; and the maximum number of times and duration for which you may access the Platform in a given time. You agree that Trybe has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Platform. You acknowledge and agree that Trybe reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Trybe has the right to modify these practices and limits from time to time.

Purpose of the Platform

The purpose of Trybe’s Platform is to help Creators generate revenue through the Platform. Use of the Platform where the primary purpose is not to generate revenue through the Platform, such as for promotional purposes or in support of services or subscriptions outside of the Platform, is a violation of these Terms of Use. Trybe has the right and full discretion to determine whether use of the Platform is in violation of this purpose. Trybe has the right to limit, remove, screen, or edit without notice the User Content of any Creators deemed to be in violation of this purpose or any other aspect in the Terms.

Fees

As a Creator, there are two fees associated with your use of the Platform. The first is the Platform Fee, which is 20% of all gross revenue generated from use of the Platform. The second is the Stripe payment processing fee (the “Processing Fee”), described on Stripe’s pricing page https://stripe.com/pricing. In the event the Stripe payment processing fee changes or we change our preferred payment provider, this fee will adjust accordingly.

Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription or for any other payment submitted on the Platform.

Apple App Store & Google Play Store Fees

In the event of any fees charged by Apple for distribution on the Apple App Store, by Google for distribution on the Google Play Store, or any other related fees from a similar distribution platform, Trybe may pass the increased cost to the Creator or Member to cover the cost.

Modification of Services & Fees

Fees charged to Creators for using the Platform are subject to change upon 30 days’ written notice. Such notice may be provided at any time by posting the changes to Trybe’s website or other forms of communication, such as email.

We reserve the right at any time, and from time to time, to modify or discontinue the Platform (or any part thereof) with or without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Platform or any of its Services.

Refund Policy

Because Trybe only provides the platform upon which payments between Members and Creators are made, Members will need to contact the Creator to request a refund.

Creators can issue refunds within 60 days of receiving such payment. Refunds can be issued through the Stripe Dashboard by looking up the Member’s email. If a Creator wishes to issue a refund, but is having difficulty in doing so, they can reach out to us for assistance as well.

If after contacting the Creator for a refund and the Creator refuses, Trybe may offer refunds at our sole discretion, based on the circumstances. In order to be eligible to receive a refund, Members need to contact Trybe within 7 days of the charge processing on their statement. Once a refund is issued, it can take up to 5-7 business days to process.

We reserve the right to refuse refunds to Members or Creators who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple Creators or requesting refunds in consecutive months. Refund requests for in app purchases made through the Apple App Store must be made directly to Apple.

Indemnity

You agree to indemnify, defend, and hold Trybe, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Platform in violation of these Terms and/or your violation of any rights of another or any applicable law, rule, or regulation. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, then you will help us in our defense.

Limitation of Liability

You expressly understand and agree that Trybe will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Trybe has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Platform; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party including advertisers on the Platform; the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; and/or any other matter relating to the Service.

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 any loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.

Disclaimer of Warranties

The use of the Platform is at your sole risk. The Platform is provided on an "as is" and "as available" basis. TRYBE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TRYBE MAKES NO WARRANTY THAT (1) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (2) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE; (3) THE RESULTS OF USING THE PLATFORM WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE PLATFORM WILL MEET YOUR EXPECTATIONS; OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

No advice or information, whether oral or written, obtained by you from Trybe or through or from the Platform shall create a warranty not expressly stated in these Terms.

We have no obligation to screen or monitor any User Content and we do not guarantee that any User Content available on the Platform complies with these Terms.

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

Disclosures Required by Law

Trybe reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Trybe reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Trybe to disclose the identity of anyone posting any content or publishing or otherwise making available any materials that are believed to violate the Terms. Trybe will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential and further provided that Trybe shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

BY ACCEPTING THESE TERMS, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD TRYBE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRYBE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TRYBE OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.

Restrictions

In using the Platform, you must behave in a civil and respectful manner at all times. You agree not to use the Platform in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries) or use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including but not limited to, exposing them to inappropriate content, asking for personally identifiable information, or to impersonate or attempt to impersonate Trybe, any of our employees, or any other user or person or entity. We have the right, but not the obligation, to monitor all conduct on and content submitted to the Platform.

WHILE TRYBE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE PLATFORM ENTIRELY AT YOUR OWN RISK AND THAT TRYBE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY TRYBE IN WRITING.

YOU UNDERSTAND AND AGREE THAT IF YOU ENGAGE IN THE ABOVE CONDUCT, TRYBE CAN TERMINATE YOUR USE OF THE PLATFORM IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.

Your User Content and your account on the Platform are your own personal creative output and cannot be sold or transferred to another party for use by someone other than yourself. Please see the section titled “Trybe Inc. Copyright and Trademark” below for further details.

To create an account or use the Platform, Members must be at least 13 years old. Members between ages 13-18 years old must have their parent’s or guardian’s permission to create an account or use the Platform. Children under the age of 13 may not use the Platform. Creators, please ensure that your fans and Members follow these guidelines.

YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND VIEW THE PLATFORM AND MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY "ADULT" DESIGNATED PORTIONS OF THE PLATFORM. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS PLATFORM FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.

Termination of Service

You may terminate use of the Platform at any time at your discretion. We can terminate or suspend your use of the Platform at any time at our sole discretion. We can also cancel any membership subscriptions and remove any descriptions or content at our discretion.

Upon termination, all licenses granted by Trybe will terminate. We may grant refunds at our sole discretion. If granted, refunds will be prorated.

Taxes

You are solely responsible for reporting and paying any applicable taxes.

Trybe Inc. Copyright and Trademark

We grant you a limited, non-exclusive license to access and use the Platform for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Trybe in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform or any of the Services. Nor will you take any measures to interfere with or damage the Platform. All rights not expressly granted by Trybe are reserved.

You acknowledge and agree that the Platform and any necessary software used in connection with the Platform (the "Software") contain proprietary and confidential information that is the property of Trybe and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any use of the Platform is provided, transferred, or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Platform or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by Trybe or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Platform or Software, in whole or in part, at any time. You also acknowledge Trybe’s exclusive rights in the Trybe trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Platform are the property of Trybe or the party that provided such intellectual property to the Platform. Trybe and any party that provides intellectual property to the Platform retain all rights with respect to any of their respective intellectual property appearing on the Platform and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

Arbitration Clause

We encourage you to contact us if you have an issue. If a dispute does arise out of these Terms or related to your use of the Platform and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration https://www.jamsadr.com/rules-streamlined-arbitration. Judgment on the arbitration award may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis and the arbitrator(s) will be bound to adjudicate all disputes in accordance with the laws of the State of California. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.

We follow the JAMS Policy https://www.jamsadr.com/consumer-minimum-standards on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for all arbitrations done under these terms. If any portion of these terms do not follow that standard, that portion is severed from these terms.

This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data.

Governing Law

These Terms shall be governed by the laws of the State of California, without reference to its conflicts of laws provisions.

Release of Liability

In consideration of a Creator on Trybe providing me fitness instruction, I agree that I engage in such fitness instruction at my own risk. This includes, without limitation, my participation in any activity, class, program, or instruction or my viewing of any content provided by the Creator. I agree to release and discharge the Creator and any of the Creator’s related companies, officers, directors, instructors, employees, agents, and co-participants from any and all liability whatsoever for injuries, damages, claims, or causes of action (known or unknown) arising out of their negligence. This includes, without limitation, injuries or damages of any and every kind, to both person and property, and any and all injuries and damages that may develop in the future, which may result from incorrectly following the fitness instructions and/or demonstrations, overusing or overextending certain body parts, and/or any other improper or negligent act or instruction, whether related to the fitness instruction or not.

I acknowledge that the Creator offers a service to his or her clients encompassing the entire recreational and/or fitness spectrum. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

I acknowledge that I have carefully read this Release of Liability and fully understand that it is a release of liability. I am waiving any right that I may have to bring a legal action to assert a claim against the Creator arising out of the Creator’s negligence. This Release of Liability is intended to be interpreted as broadly and all encompassing as permissible under California law.

Assumption of Risk

I agree that if I engage in any fitness activity, physical exercise, or any other activity in connection with the Creator, I do so at my own risk. I understand that my participation in fitness activities, physical exercise, and/or participation in any activities offered by the Creator carries with it certain risks, known and unknown, including, but not limited to, the risk of personal injury and I fully assume that risk on my own behalf and on behalf of my heirs, assigns, and/or agents. This includes, without limitation, my participation in any activity, class, program, or instruction provided by the Creator. I agree that I am voluntarily present and/or participating in these activities and I assume all risks of injury including, without limitation, injuries or damages of any and every kind, to both person and property, and any and all injuries and damages that may develop in the future, which may result from incorrectly following the fitness instructions and/or demonstrations and overusing or overextending certain body parts, including injuries or damages arising out of the Creator’s negligence.

I hereby release the Creator and any of the Creator’s related companies, officers, directors, instructors, employees, agents, and co-participants from any duty of reasonable care to protect me from injury or damage. This Assumption of Risk is intended to be interpreted as broadly and all encompassing as permissible under California law.

This Release of Liability and Express Assumption of Risk is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. If any provision or portion of this Release of Liability and Express Assumption of Risk shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I UNDERSTAND THAT I WILL BE GIVING UP SUBSTANTIAL RIGHTS BY AGREEING TO THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT AND I ENTER THIS AGREEMENT FREELY AND VOLUNTARILY.

Severability; Waiver

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.

Entire Agreement

These Terms govern the terms and conditions of your use of the Platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Trybe with respect to the Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Platform or use the services from an affiliate or advertiser or use any third-party content or third-party software.