Welcome to PowerPass! These Terms of Use ("Terms") constitute a binding agreement between you and PowerPass Technologies, LLC ("PowerPass," "we," "us," "our") and govern your use of the PowerPass website, mobile application, content, and services (collectively, the "Service"). By accessing, downloading, or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, do not use the Service.

Section 1: General

1. Acceptance of Terms

By using the PowerPass Service, you agree to these Terms and our Privacy Policy. Your use of the Service is also subject to any additional terms, conditions, and policies that we may provide from time to time.

2. Modification of Terms

PowerPass reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Service after any such changes indicates your acceptance of the new Terms.

3. Description of Service

PowerPass provides a platform for users to access a variety of fitness, recreational, and wellness classNamees and activities offered by third-party providers ("Providers"). PowerPass itself is not a provider of these activities.

4. User Accounts

To access the full features of the Service, you must register and create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

5. Use of Service

The Service is intended for personal, non-commercial use. You agree to use the Service legally and responsibly. Any misuse or unauthorized use of the Service may result in termination of your access to the Service.

6. Fees and Payments

Certain aspects of the Service may require payment. All fees are subject to change. By providing a payment method, you represent and warrant that you are authorized to use that payment method.

7. Cancellation and Refund Policy

Details on subscription cancellations, changes, and our refund policy will be clearly outlined in the Service or provided at the time of purchase.

8. Third-Party Services and Content

The Service may contain links to third-party websites, services, and content. PowerPass is not responsible for these and accessing them will be at your own risk.

9. Intellectual Property Rights

All intellectual property rights related to the Service and its content are owned by or licensed to PowerPass. You agree not to infringe upon these rights.

10. Disclaimers and Limitation of Liability

The Service is provided "as is." PowerPass disclaims all warranties and conditions. PowerPass will not be liable for any indirect, incidental, or consequential damages.

11. Arbitration and Governing Law

Any disputes arising out of your use of the Service will be resolved by binding arbitration. These Terms are governed by the laws of the State of Delaware.

a) Purpose: This Arbitration Agreement is designed to facilitate the prompt and efficient resolution of any disputes that may arise between you and PowerPass. Arbitration is a private dispute resolution process in which parties to a contract agree to submit their disputes to a neutral arbitrator for a binding decision, instead of going through a lawsuit in court before a judge or jury.

This Arbitration Agreement is important. It requires that all disputes between you and PowerPass be resolved through binding arbitration. This means you waive your right to resolve any dispute in court before a judge or jury.

b) Pre-Arbitration Dispute Resolution: Before starting any arbitration, you must first provide PowerPass an opportunity to resolve the dispute. You should send a written notice to PowerPass, Legal Department, [PowerPass Address]. This notice should include your name, address, a detailed description of the dispute, and the relief you are seeking. If PowerPass doesn’t resolve the dispute to your satisfaction within 45 days of receiving your notice, you may start arbitration proceedings.

c) Arbitration Procedures: If the dispute isn't resolved as described above, either you or PowerPass can start arbitration proceedings. The arbitration will be administered by the American Arbitration Association ("AAA") or JAMS, and conducted by a single arbitrator. The AAA's Supplementary Procedures for Consumer-Related Disputes will apply for disputes involving less than $75,000; for larger disputes, the AAA’s Commercial Arbitration Rules will apply. For JAMS, their Comprehensive Arbitration Rules & Procedures will be used. The arbitration will be individual and not as a className arbitration, and the arbitrator’s decision will be final and binding.

d) Location and Costs: Arbitration will take place in New York County, New York, or by telephone if you choose. PowerPass will pay all arbitration filing fees and costs upon your request. You will be responsible for your own additional fees and costs.

e) Action Waiver: You and PowerPass agree to resolve disputes on an individual basis. There will be no right or authority for any dispute to be arbitrated or litigated on a className action basis or in a purported representative capacity on behalf of the general public or other persons.

f) Severability and Continuation: This Arbitration Agreement is a crucial part of our agreement. If any part of this Arbitration Agreement is found to be unenforceable, the remainder will still be in effect. This agreement will survive the termination of your relationship with PowerPass.

12. Changes to the Service

PowerPass reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

13. Contact Information

For any questions about these Terms, please contact us at [insert contact information].

14. Acknowledgment

By using the Service, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.

16. Communications and Marketing

By using PowerPass, you consent to receiving marketing emails from us and can opt out via provided instructions. We respect your privacy and comply with our Privacy Policy in all communications.

Section 2: The Referral Program

1. Introduction

This document delineates the terms and conditions governing the PowerPass Referral Program.  Definitions pertinent to this Program, including but not limited to Referral Fee, Referred Party, Transaction, are outlined herein.

2. Client Referral Requirements

Eligibility for referral rewards mandates that a client, upon referral by an existing PowerPass user, shall engage in PowerPass services and accrue transaction fees that meet or exceed a predetermined threshold within one calendar year subsequent to their account activation.

3. Studio Referral Requirements

Qualification for a studio referral necessitates that the referred studio generates revenue that surpasses a pre-established threshold amount. Such revenue must be derived exclusively through utilization of PowerPass services.

4. Distribution of Referral Credits

Subject to the fulfillment of specified transaction or revenue thresholds by the referred client or studio, PowerPass shall allocate referral credits to the referrer’s account within a period not exceeding 120 days. Referral credits shall be issued in the form of PowerPass credits, applicable solely towards the acquisition of services or products proffered on the PowerPass platform.

5. Nature and Usage of Referral Credits

Credits received as part of the Program are non-transferable, bearing no cash value, and are exclusively redeemable within the PowerPass platform for services or products therein. Such credits shall become void if not utilized within a specified timeframe from the date of issuance, the duration of which shall be determined at PowerPass's discretion.

6. Termination and Modification

PowerPass reserves the unequivocal right to alter, suspend, or abolish the Program at any point, without prior notification. Participants shall regularly review the Terms of Service to remain apprised of any alterations. In the event of termination or modification of the Program, accumulated referral fees subject to the terms extant at the time of the referred party’s transaction shall be processed in accordance, barring stipulations to the contrary in revised terms. Rights and obligations of both PowerPass and participants preceding any termination or modification shall persist until satisfactorily discharged, contingent upon any amendments to the terms.

7. Eligibility

Criteria for eligibility and any constraints or limitations on participation in the Program are hereby established.

8. Obligations of the Referring Party

The referring party shall adhere to outlined conduct and responsibilities. Engaging in prohibited. Activities, including but not limited to spamming and fraudulent conduct, is strictly forbidden.

9. Dispute Resolution

Any disputes arising in connection with the Program shall be resolved in accordance with the prescribed dispute resolution process.

10. Limitation of Liability

PowerPass's liability in matters pertaining to the Program shall be confined within the limits prescribed herein

11. Miscellaneous

Additional legal clauses, including governing law and severability, pertinent to the Program are included in this section.

12. Acceptance of Terms

Participation in the Program constitutes unequivocal acceptance of these terms. The process for such acceptance, including electronic acknowledgment, is specified herein.

13. Contact Information

Contact details for inquiries regarding the Program are provided in this section.

PowerPass Technologies LLC specializes in offering advanced technology solutions. This comprehensive policy delineates the modalities of personal data collection, utilization, and protection for users of PowerPass Technologies' digital platforms within the United States.

Age-Related Compliance and User Eligibility:
The services of PowerPass Technologies are exclusively available to individuals aged 18 and above. We strictly prohibit data collection from minors under the age of 18.

Section 1: Data Acquisition Modalities

User-Submitted Data:
This encompasses data voluntarily provided by users, including but not limited to, name, email, contact number, and residential address for account creation and accessing services.

Data Captured Automatically:
This pertains to the automatic collection of information such as IP addresses, device specifications, geolocation data, and interaction metrics with our services.

Externally Sourced Data:
We may acquire data from external business alliances, social media integrations, and public databases.

Utilization of Collected Data:PowerPass Technologies employs the gathered data to facilitate service operation, user communication, customer assistance, marketing initiatives, research and development, and ensuring security. Sharing of data is conducted with strategic partners and third-party service providers to enhance service delivery and for other pertinent functions.

Data Disclosure Practices:
We may disseminate personal data to third-party service facilitators, strategic associates, during corporate restructuring, and as necessitated by legal obligations. Certain user information may become accessible to other users through collaborative features on our platforms.

Data Security Protocols and Retention Policy:
Implementing industry-standard security measures to safeguard user data. However, absolute security cannot be unequivocally guaranteed. Data retention is executed as per the requisite business and legal mandates.

User Rights and Data Management:
Provision for users to modify or eradicate their data, with options to withdraw from marketing communications. State-specific legislations may bestow additional data rights to residents, which are fully honored by our company.

Policy on External Web Entities:
This policy is not applicable to third-party websites and platforms that may be linked to PowerPass Technologies' services.

Consent, Policy Amendments, and User Acknowledgment:
Usage of PowerPass Technologies' services implies user assent to this policy. Periodic policy revisions will be published on our digital channels to reflect changes in practices or legal requirements.

Contact and Inquiry Channels:
Dedicated contact information is available for users to address inquiries or concerns regarding data usage and privacy practices.

PowerPass Technologies LLC Cookie Notice (Comprehensive Version):

Definition and Purpose of Cookies:
Cookies constitute small data files that enhance website functionality and user interface. They are pivotal in optimizing the user experience on digital platforms.

Rationale Behind Cookie Usage:
Our deployment of cookies serves multiple objectives, including essential site operations, performance optimization, analytical assessments, targeted advertising, and social media integration.

Classification of Cookies:
We categorize cookies into essential operational cookies, performance-enhancing cookies, analytical cookies, advertising-oriented cookies, and those facilitating social networking functionalities.

User Autonomy in Cookie Management:
Users retain the prerogative to configure their cookie preferences. Detailed instructions are accessible within browser settings to manage cookie consents. Opt-out mechanisms are available for users wishing to eschew targeted advertising from networked entities.

Stance on 'Do Not Track' (DNT) Signals:
PowerPass Technologies acknowledges the concept of DNT but currently does not conform to DNT signals, awaiting the establishment of a universal standard in this domain.

Cookie Notice Updates:
Amendments to this notice, reflecting changes in cookie usage or legal stipulations, will be communicated through our official digital platforms.