Avana Studio terms

Avana is provided by Sweeber Technologies, Torenlaan 5B, 1402 AT Bussum, the Netherlands, registered with the Netherlands Chamber of Commerce under number 91489377, VAT number NL004895752B70 ("Avana", "we", "us"). You can reach us at support-nl@getavana.com or directly at danny@getavana.com. We reply within 24 hours, usually sooner.

These terms are first of all between us and the business that runs a studio and offers classes with Avana, and the person who takes out the Avana subscription for it ("you", "the studio"). A "member" is anyone who books or buys a class, trial class, course, class pass, membership, private or duet session from the studio, also as a guest without an account. An "instructor" is anyone who teaches for the studio. A "room" is any space, inside or outside, where a class takes place.

The sections that start with "For members" also apply between us and the member, for using Avana to book and pay with a studio. The other sections cover the relationship between us and the studio; members cannot rely on them against us.

For a studio account, these terms apply instead of the Avana terms of service for salons. If you also use Avana for a salon or another business with appointments, those terms apply to that part. Our privacy policy explains how we handle personal data.

These terms cover all of Avana for studios: the dashboard, the public studio page and timetable, the booking widget, member accounts and the app, check-in, emails, texts and push notifications sent through Avana, integrations, and every paid and free part, including features we add later, add-ons and trial or beta features. Examples are examples, not a complete list.

This section is the basis of these terms, so please read it carefully.

• Avana only provides software. Avana is a platform a studio uses to manage its timetable, members, bookings, payments and messages, and that members use to book and pay. Avana does not organise, teach, supervise or check classes.
• The studio is the provider. The agreement for a class, trial class, course, class pass, membership, private or duet session, product or gift card is between the studio and the member. Avana is not a party to it, also when the member books and pays through Avana, and also when the studio uses settings, texts or templates from Avana.
• Avana has no control over what happens in the studio. Avana does not choose, assess, instruct or pay instructors, is not their employer, and does not check qualifications. Avana does not own, manage or inspect the rooms, fittings, equipment or materials. Avana does not decide who joins a class, at what level, with which exercises, or whether a member is fit enough.
• Online payments are taken for the studio. When a member pays online, we collect the payment through our payment provider on behalf of the studio, as its agent for receiving payment. The amount for the class, pass, membership or product belongs to the studio. The service fee the member pays is for using Avana. See Service fee and no commission and Member payments and payouts.
• Tools, not guarantees. Features such as the health questionnaire, intake questions, house rules with agreement, room layout, class capacity, waitlist and check-in are tools for the studio. Avana does not assess their content or outcome.

You create an account with correct and complete details, including your business name, address and a contact person, and keep them up to date, especially the account email address, where we send every official notice. You are responsible for everything that happens through your account and for keeping your login details secret.

You are at least 18, you use Avana for your own business as a business and not as a consumer, and you have the authority to bind that business. If you take out the subscription for a studio you do not own, you confirm you are authorised to; these terms then apply to the studio and to you.

Your account is for your own studio. You may not resell, rent out or sublicense it, or give access to people outside your team. For instructors and staff, use the team accounts and roles Avana provides.

You use Avana only for your own, real studio and for classes in exercise, movement, yoga, pilates, dance, relaxation and similar activities. You do not use Avana as a cover to offer or sell anything else, such as drugs, performance-enhancing substances, medicines supplied without the required authorisation, or other unlawful goods or services.

• Sexual or erotic services are not allowed on Avana, under any name or description.
• Classes with a medical, therapeutic or clinical purpose, such as physiotherapy, rehabilitation or pelvic floor therapy, are only allowed when taught by someone legally qualified and competent to do so. We may ask for proof. You do not suggest a class is medical treatment when it is not.
• You make sure your classes, studio and way of working comply with the law that applies to you, including licences, fire safety, hygiene, health and safety at work, and rules on teaching children.

You describe your classes, courses, class passes, memberships and products accurately and without misleading anyone, including what a member needs to know to choose well: level, intensity, who a class is and is not suitable for, what to bring, and the language it is taught in. Photos show your own studio and do not infringe anyone's rights.

The price you enter in Avana is the full, correct price and is not higher than what a member pays for the same thing when booking another way. Unavoidable costs, such as a joining fee or equipment hire, are included in the price you show or shown before booking.

The service fee for booking and paying online is set by us and is not part of your price. On Avana, the member sees the price including the service fee from the first moment a price is shown, as UK law on drip pricing requires. If you advertise prices for online booking through Avana elsewhere, make sure they do not leave out a fee the member will have to pay.

• We may edit, reclassify, show less prominently or remove the names, descriptions, categories and images of what you offer, to protect members, to keep the platform's quality, to comply with the law or the rules of app stores, payment providers or suppliers, or for another serious reason.
• Where we reasonably can, we tell you first. In urgent cases we may act without notice.
• If you break the rules in What you may offer, we may remove the listing and suspend or close your account straight away, without compensation.

We are not obliged to check what you offer. That we did not change or remove a class, text or photo does not mean we approved it.

For studios, Avana offers Studio, Studio Plus and Studio Max. Current prices and what each includes are on our pricing pages and in your account. In the UK we charge in pounds sterling. Our prices are the amount you pay, including any VAT that applies.

Which features you can use depends on your plan. We may decide which feature belongs in which plan and change that, as long as the core of your plan stays the same. If a feature you use moves to a higher plan, we tell you at least 30 days in advance.

You can start with a free trial; its length is on our pricing pages. We offer one trial per business. If you do not choose a paid plan at the end, the paid parts of your account close and your data stays, as described under Moving, exporting and keeping your data. Classes, passes and memberships that members bought from you during the trial remain your responsibility, also if you stop.

We may change plans and prices. We announce a price change for a running subscription at least 30 days in advance, and you can cancel before it takes effect.

This section is about your own Avana subscription. For memberships your members take out with you, see Member memberships, recurring payments and pausing.

• You pay in advance for the period you choose, monthly or yearly, from the card saved in your account, which you authorise us to charge for as long as the subscription runs. The first payment is taken when you start a paid plan or the day after your trial. You receive an invoice for each payment.
• Your subscription renews automatically for the same period until you or we cancel. There is no minimum term. Each renewal is at the price that applies then; we email you at least 30 days before a price change.
• You cancel in your account or by emailing support-nl@getavana.com from your account email address. We always confirm by email. There is no notice period and no cancellation fee. Cancellation takes effect at the end of the period you have paid for, and you keep full access until then.
• We do not refund amounts already paid, in whole or in part, also if you hardly used Avana, unless the law requires it.
• If you move to a higher plan, it takes effect immediately and nothing is charged at that moment: the difference for the rest of the period is added to your next invoice, next to the amount for the new period. Your account shows the amounts before you switch. Add-ons already included in the higher plan, such as extra instructors, end at the switch and are settled the same way. A move to a lower plan takes effect at your next renewal.

What happens to your members if you stop

After the last day of your subscription we close access to your account, and your studio page, timetable and booking for members stop working. Members' memberships that are charged through Avana can no longer continue through Avana. You are responsible for settling things with your members: future classes, unused passes and credit, running memberships and gift cards. Tell your members in good time, and stop or move running memberships yourself before your Avana subscription ends. We have no obligation to members to provide classes or refund money.

If a payment fails

• We try again and email your account address. If payment still does not come in, we may suspend paid features after a reminder, and your studio page and booking may be unavailable meanwhile.
• If a payment is more than 30 days overdue, we may end the subscription and close the account.
• Costs of a failed payment or chargeback are yours. On late payment we may charge interest and reasonable recovery costs as allowed under the Late Payment of Commercial Debts (Interest) Act 1998.
• A suspension does not change what you owe for the current period.

We take no commission on your takings: what you earn from classes, passes, memberships, courses, private sessions and products is yours. To make that possible, a member pays Avana a service fee when they pay online.

• The service fee pays for using Avana to book and pay online. We set the amount and structure. The current amounts are on our pricing pages, and the member sees the price including the fee from the first moment a price is shown, with the fee as a separate line at checkout.
• The fee only applies to online payments through Avana. If a member pays in the studio, there is no service fee. For a membership or a class pass, a fee may apply per purchase or per payment; this is also shown before paying.
• The service fee is separate from your price. You do not present it as your own charge, build it into your price or charge it again.
• The service fee pays for processing the booking and payment and is not refunded when a booking is cancelled, a class does not go ahead or a payment is refunded, unless the law requires otherwise.
• We may change the amount and structure of the service fee, also for existing accounts, for purchases and payments after the change.

Some features are optional add-ons, such as extra instructors or text message credits. You switch them on yourself, they fall under these terms, and current prices are in your account and on our pricing pages.

• Text message credits are a one-off purchase, are not refunded or exchanged for money and cannot be moved to another account. A long message uses more than one credit. With no credit, a text is not sent; keeping enough credit is your responsibility.
• You can switch automatic top-up on and off. When your balance drops below 10 credits, we buy the bundle you chose again and charge your saved card, at most twice per calendar month. While an automatic purchase is still unpaid, we do not start a second one. If your balance is 0 with top-up on, we top up as soon as a text is waiting; that text is not sent, the ones after it are once the payment has come in.
• We cannot guarantee that a text, email or push notification reaches every recipient.
• Monthly add-ons run with your subscription and stop at the latest when it stops. Credits and extra places have no cash value outside Avana.

Everything that happens in, at and around your studio is your responsibility, not ours. In particular, you make sure that:

• your rooms, changing rooms, toilets, entrances, stairs, outdoor locations and other spaces members use are safe, clean, suitable for the class and compliant with the rules that apply;
• your equipment and materials, such as reformers, cadillacs, chairs, barres, mats, balls, bands, weights, springs and ropes, are suitable, installed, used, maintained and checked as the manufacturer instructs, and taken out of use when no longer safe;
• the number of members in a class suits the room, equipment and supervision, whatever capacity you set in Avana;
• your instructors are competent for every class under their name, instruct and supervise members, take account of each member's level and limitations, and know what to do if something goes wrong;
• there is suitable provision for emergencies, such as first aid, an escape route and, where appropriate, a defibrillator;
• you hold suitable public liability insurance and, where needed, professional indemnity insurance covering your classes, rooms and equipment, and keep it in place while you use Avana;
• you only teach children with a parent's or guardian's permission and the supervision that goes with it;
• you take care with members' belongings and make clear who is responsible for them.

We have no influence over or view of these things and do not check them. We are therefore not liable for injury, illness, damage to or loss of belongings, or other loss that a member, guest, instructor or anyone else suffers in, at or around your studio, during or because of a class, or because of your equipment, except as set out under Availability and liability towards the studio. If such a claim is made against us, you indemnify us as set out under Your members, and your indemnity.

You can give instructors and staff their own login with a role such as Manager, Front desk, Instructor or Bookkeeper. You decide who gets access to what and stay responsible for what happens through those logins, including how member data and health information are handled. When someone leaves, you remove their access.

• The relationship with your instructors, employed or self-employed, is yours. We are not an employer, client, agency or intermediary for instructors.
• If you use features to find cover, you stay responsible for choosing the cover instructor and for whether they are competent for the class.
• If Avana calculates what an instructor earns, that is a tool based on your settings. You are responsible for your agreements with instructors, for paying them, for PAYE, National Insurance and VAT, and for assessing employment status.
• Our support team may look into your account and take actions when needed to solve a problem or prevent misuse and fraud. Only authorised staff do this, it is logged and limited to what is needed. Asking us for help counts as permission.

Avana lets you ask members health questions before their first class or once a year, ask intake questions and ask members to agree to your house rules.

• You decide whether to use these features, which questions to ask, what your house rules say and what you do with the answers. Our standard questions and example texts are a starting point, not advice.
• We do not read, assess or check the answers, give no medical advice and do not decide whether a member may take part. You and your instructors read the answers, discuss them with the member where needed, and adapt the class or refuse participation where necessary.
• Avana records which version of the questions or house rules a member answered or agreed to, and when. That is a record of what was filled in. We do not guarantee that such an agreement or declaration is legally valid or sufficient as evidence. If you want members to accept a waiver or other conditions, you make sure the content and the way of agreeing comply with the law. A term the law does not allow, such as excluding liability for death or personal injury caused by negligence, does not become valid because it was accepted through Avana.
• Health answers are special category data. You are the controller of them. Ask only what you need for a safe class, have a valid condition for processing such as the member's explicit consent, and only let instructors who need them see the answers.

You set your timetable, class times, length and price, rooms and spots, capacity per class, locations, and your rules for booking, cancelling and the waitlist, and you keep them correct, including the address shown to members and in map services.

• We do our best to show availability, capacity and spots correctly and to prevent double bookings, but we cannot guarantee that this always works. If an overbooking or double use of a room or piece of equipment happens anyway, you resolve it with your members.
• A spot a member chooses, such as a particular reformer or mat, is a preference within the class. You may move a member to another spot when needed.
• We are not liable for bookings that result from information or settings you entered incorrectly.
• The same rules apply to every booking channel: your studio page, the widget, the app, the member account, guest bookings and bookings you add yourself. We may set technical limits on bookings, messages and requests per period.

With Avana you can offer memberships that let a member book a number of classes per period, or unlimited classes, paid online with a recurring card payment through our payment provider, or in the studio.

• The agreement is yours. A membership is an agreement between you and your member. You set the terms, such as price, number of classes, minimum term, notice period, whether and how often a member can pause, and what happens to unused classes, and you make them clear before purchase.
• Consumer law. Your members are usually consumers. You are responsible for complying with consumer law for ongoing contracts, including the Consumer Rights Act 2015, the right to cancel under the Consumer Contracts Regulations 2013, the rules on unfair terms, and the rules for subscription contracts under the Digital Markets, Competition and Consumers Act 2024 as they come into force. Avana's settings help, but they do not guarantee that your offer complies.
• Recurring payments. When a member chooses recurring payment, they authorise our payment provider to charge the membership amounts. Avana starts those payments according to your settings and the member's choice. If a payment fails, Avana may send the member a payment link and notify you. Collecting arrears outside Avana, and deciding to stop a member booking because of arrears, are up to you.
• Chargebacks. Card chargebacks and disputes and their costs are yours, also when the amount was already paid out to you.
• Pausing and stopping. You can pause or stop a member's membership. During a pause nothing is charged through Avana, and an unlimited member cannot book. Whether a member is entitled to a pause, for example for illness, injury or pregnancy, is for your own terms and the law.
• Changes. Changing a membership in your offer does not change memberships members already have. To change a running membership, such as its price, follow your own terms and the law and inform the member yourself.

You can sell class passes with a number of classes and a validity period, single classes, trial classes, intro offers and courses of several sessions. You set and show before purchase the terms, such as validity, whether a pass is transferable, what happens to classes not used in time, and what happens if a course session is missed or cancelled.

• Avana deducts classes from a pass or credit according to your settings and keeps track of the balance. You check that the settings are right.
• You set the validity period within the limits of the law. Extending, refunding or converting a pass or credit is your decision.
• Avana can limit a trial class or intro offer to once per member. That is a tool: we cannot rule out someone booking again with another email address.
• Classes, passes and credit can only be used at your studio and have no cash value against us. We are never obliged to pay out or provide a pass, credit or class.
• If you sell a course, workshop or programme, the obligation to deliver it, and to offer participants a solution if you cannot, is yours.

You set how long before a class a member can cancel or change spot free of charge. That policy is shown when booking and applies between you and the member; you apply it yourself. A change applies to bookings made afterwards.

If a member cancels in time, Avana returns a class from a pass to the pass, and turns a paid single class into one class of credit at your studio, with a limited validity. The member does not get money back through Avana. If a member is entitled to a refund under the law or your terms, you arrange it.

If a member cancels late or does not come, Avana can record that. A class deducted from a pass or membership, or paid as a single class, then counts as used. What else you do is up to you. We do not collect a fee for you and do not decide whether a no-show is justified.

If you cancel a class, for example because an instructor is ill, Avana cancels the booked members and messages each of them. A class from a pass goes back on the pass, and a member who paid for a single class online gets one class of credit. If you want or have to refund the amount paid instead, because the member is entitled to it under the law or your terms, you arrange that. Refunds are your decision and at your cost, and our service fee is not refunded. We are not liable for classes that do not go ahead.

If a class is full, a member can join the waitlist. You choose how it works: a free spot is offered for a set time to the first person on the list, the first person with a valid pass or membership is booked in straight away, or everyone on the list is told and the first to book gets the spot.

• A place on the waitlist is not a reservation.
• With automatic booking, a member is only booked in with a pass or membership, and only while they can still cancel free of charge. You mention in your own terms or house rules that waitlisted members can be booked in this way.
• We do our best to send messages on time but are not liable if a message does not arrive or arrives late, an offer expires, or a member misses a spot.

You can record who attends a class, by ticking attendance or, where Avana offers it, with a QR code. Check-in is an administrative tool. It is not access control, building security or a record of who is in the building. You decide and check who enters your studio and takes part.

A guest can book without an account if you allow it, and members can bring a friend with their own link, where the friend may get a discount and the member a class of credit.

• A guest or friend who takes part is a member for the purpose of these terms. Make sure they know your house rules and, where you use them, answer the health questions before the class.
• A member who brings a friend only shares a link and is not responsible for the friend's health or behaviour, and neither are we.
• You decide the discount, reward and conditions. We apply rules against misuse but cannot rule it out. A reward already given is not reversed automatically if a purchase is later refunded.

With private and duet sessions, a member picks a time when an instructor is available. You and your instructors keep those times correct. A private session is an agreement between you and the member, just like a group class, and everything in these terms about classes applies. Avana may require a minimum notice for booking. If an online payment comes in while the chosen time is no longer free, the member may get a class of credit instead; any other solution you arrange with the member.

Online payments from members go through our payment provider Stripe, by card, Apple Pay or Google Pay, including recurring card payments for memberships. You need your own Stripe account linked to your business and must complete Stripe's verification. Stripe's own terms also apply; you accept them when you connect. We may change payment provider and then make sure you get an equivalent solution.

• A payment through Avana for your offer counts as payment to you.
• The amount, minus the member's service fee, is paid out to you on the payment provider's schedule. We do not set it or guarantee its speed. Holds and delays by the payment provider are outside our control.
• Refunds, disputes and chargebacks are at your cost, also after payout. If they leave an amount owing to us, we may set it off or invoice you.
• If members pay in the studio, that payment does not go through Avana; Avana only records what you mark as paid.
• You are responsible for your tax, including the right VAT treatment per class, pass or membership. We give no tax or legal advice.

• Gift cards, discount codes and promotions are your offer: you are the issuer, you decide amounts, validity and rules, and you keep them redeemable.
• A gift card is only valid at your studio. The money goes to you and the balance is held in your name. Avana records the gift card and its balance.
• You tell the buyer about validity and use before purchase, within the limits of the law, and you honour gift cards and credit also if you stop using Avana or close your studio. We are never obliged to pay out a gift card or credit.
• Promotions must be clear and not misleading. A discount created by a setting mistake is between you and your member.

If you sell products, such as activewear, mats, grip socks, drinks, food or supplements, Avana provides at most the technology. The offer, sale and delivery are yours.

• You are the seller and responsible for description, price, size, ingredients, allergens and origin, and for legal requirements on safety, labelling, food and supplements. You make no health claims the law does not allow.
• If you cannot deliver an ordered product, you resolve it with the member, including any refund. When selling at a distance to consumers, you meet the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.
• You indemnify us against claims arising from your products or the information you give about them.

• If you take photos or video in your classes, for your studio page, social media or a feed in the app, you get permission from everyone recognisable. A member who says no may not be disadvantaged. For children, ask a parent or guardian.
• You never film or photograph in changing rooms or toilets, or without people knowing.
• If you offer classes on video, where Avana offers that, you confirm you have the rights to the video, music and other material, and that the instructors and members shown agreed. A member follows a video class without an instructor watching, so give clear instructions and warnings.
• We may remove images or block access to them if they break these terms or the law, or if someone shown asks with good reason.

Avana sends messages that belong to a booking, pass or membership on your behalf, such as confirmations, reminders, waitlist messages, cancelled classes, failed payments, a pass running low or a welcome after the first class. They go out in your name, with the details you entered, and you are responsible for content you add and for contact details being correct.

• If you send marketing by email or text, you are the sender and the controller. Under PECR you only send it to people who consented, or to existing members under the "soft opt-in", and every message includes a working way to opt out, which you respect immediately.
• We may limit or block sending in case of complaints, many opt-outs or errors, suspected misuse, or when a supplier or regulator asks.
• Fines or claims resulting from messages you sent are yours, and you indemnify us against them.

We may send you messages needed for the service, such as notices about payments, outages, security and changes to these terms.

You get a public studio page with your timetable. If it is public, we may show your studio in listings on Avana, let search engines index it and share it with map services and third-party booking channels, using what is already on your page. We share no member data.

• The content of your page stays yours. You give us the right to show and distribute it as far as needed to provide the service.
• Members can leave reviews. You do not write, commission or reward fake or misleading reviews, which are banned under the Digital Markets, Competition and Consumers Act 2024, and you do not hide genuine ones. We may remove an unlawful or fake review but are not obliged to check reviews.
• You use the Avana name and logo only to say that you work with Avana.

Avana includes an app for you and your team, and an account and app for members, where they book and cancel classes and manage passes and memberships. Availability may depend on the device, operating system and app store, and we may adapt the app to app store rules.

If you open a group or feed where members can post messages, comments or photos, where Avana offers that, you are its moderator: you decide who takes part, deal with inappropriate behaviour and remove what does not belong. We may remove posts or block accounts if content is unlawful or breaks these terms. We do not monitor posts in advance and are not liable for their content.

• Avana can create invoices, show your takings and payouts, and give insights about members, classes, trial classes and occupancy. This helps your admin but does not replace accounting software, an accountant or tax advice.
• You check the details on your invoices, including your business details and VAT treatment, and stay responsible for your tax obligations and record keeping.
• Corrections are made with a credit note. An invoice number is never reused.
• Overviews, insights and suggestions, such as a member who needs attention, show the data in your account and are a tool. We are not liable for decisions based only on them.

If you bring data over from another system, such as members, passes, memberships or credit, you remain responsible for it being correct, for your right to use it and for your lawful basis to contact the people in it. Check the result after an import, especially balances and end dates.

• You can export your data while your account is active. Do so before your subscription ends.
• After your subscription ends, we keep your data for 90 days. After that we delete or anonymise it, except what we must keep by law.
• If you delete a member, their personal data is anonymised. Data tied to an invoice or payment stays as far as the law requires.
• We make backups to limit data loss. They are for our own use, not a restore service you are entitled to.

All intellectual property in Avana itself, including the software, design, standard texts and brand, stays with us. You get a personal, non-transferable right to use it while your subscription runs.

The content you add, such as texts, house rules, photos, videos and your logo, stays yours. You confirm you have the rights to it and that it does not infringe anyone's rights or break the law. You give us the right to host and show it as far as needed to provide the service. If you give us ideas or feedback, we may use them freely to improve Avana.

Your members are and remain yours. Avana is not a marketplace and does not use your member data to approach your members. Towards your members, you are the provider of the classes and responsible for handling their data properly.

You indemnify us against claims from members, guests, instructors, staff, regulators and anyone else, and against the resulting loss and costs, including reasonable legal costs, that arise from:

• a class, trial class, course, private or duet session, workshop, event or other offer of your studio, and anything that happens during it, including injury, illness, death and damage to belongings;
• your rooms, building, outdoor locations, equipment, materials and facilities;
• what your instructors, cover instructors, staff and others you engage do or fail to do;
• the health questions, intake questions, house rules and declarations you use, and what you do with the answers;
• your memberships, passes, gift cards, credit, promotions, prices and terms, including consumer law compliance and refunds;
• products you sell, messages you send, photos and videos you make or post, and other content on your page;
• personal data processing you are responsible for;
• a breach of these terms or the law by you or anyone working through your account.

If a claim is made against us, we tell you promptly and you cooperate in the defence. This indemnity does not apply to the extent the loss is caused by our own negligence, breach of these terms or wilful misconduct.

This section is the data processing agreement between you and us required by Article 28 of the UK GDPR. It applies automatically when you accept these terms; you do not need to sign anything else. If you would like a signed copy, email support-nl@getavana.com. Where this section conflicts with the rest of these terms, this section wins, but only for the processing of personal data on your behalf.

Who does what

For the personal data of your members, guests, instructors and staff that you keep in Avana, you are the controller and we are your processor. For your own account details as our customer, and for what we need to run and secure the platform, we are a controller ourselves; our privacy policy covers that.

What we process, and why

• Subject matter and purpose: providing Avana to you as described in these terms, and nothing else.
• People: your members, guests, instructors and staff, and anyone else whose details you add.
• Data: names and contact details, bookings, attendance and check-ins, class passes, memberships and payments, messages, answers to health and intake questions, agreement to house rules, and the notes you add. If you collect health information, that is special category data (see "What you do" below).
• Duration: for as long as you have an account, plus the period described under Moving, exporting and keeping your data.

What we promise

• We process the data only on your documented instructions. These terms, your settings and what you do in Avana are your instructions. If the law requires us to do something else, we tell you first, unless the law forbids that. If we think an instruction breaks data protection law, we tell you.
• We do not use the data of your members for our own purposes. We do not contact them for our own marketing, we do not use their data for advertising, we do not sell it, and we do not show it to other businesses on Avana.
• Everyone at Avana and at our sub-processors who can access the data is bound by confidentiality and only has the access their work needs.
• We take appropriate technical and organisational security measures, as Article 32 UK GDPR requires. These include encryption in transit, access control, logging of admin actions and backups. We keep them up to date as technology moves on.

Sub-processors

You give us general permission to use sub-processors, for example for hosting, payments, sending email and text messages, storing video and AI-assisted replies. The current list, with what each one does and where, is in our privacy policy. We put each one under a written contract with data protection terms at least as protective as this section, and we remain responsible to you for what they do. Before we add or replace a sub-processor that handles the personal data of your members, we tell you by email. If you have a reasonable objection, tell us within 14 days. We will then look for a solution, and if we cannot find one, you can end your subscription before the change takes effect.

International transfers

We are based in the Netherlands, and our main database is hosted in the European Economic Area. The UK recognises the EEA as giving adequate protection, so you can send data to us without further safeguards. Some sub-processors are in the United States. Where data goes there, we rely on the UK Extension to the EU-US Data Privacy Framework for providers certified under it, and otherwise on the International Data Transfer Agreement or the UK Addendum to the EU Standard Contractual Clauses. Because we are established in the EU, the EU GDPR also applies to our processing, and we use the matching EU safeguards for the same transfers.

Breaches, requests and audits

• If we become aware of a personal data breach that affects your data, we tell you without undue delay, with the information we have at that point, and we keep you updated. You decide whether to report it to the Information Commissioner's Office (ICO) and to the people affected, because you are the controller. We help you with that.
• We help you respond to requests from people who use their rights (access, correction, erasure, restriction, portability and objection), mostly through the tools in Avana. We also help with security, data protection impact assessments and questions from the ICO, as far as the information we hold allows. If a request takes a disproportionate effort, we may charge a reasonable fee, and we tell you before we start.
• We give you the information you need to show that we meet this section. You may audit us once a year, with reasonable notice, through an independent auditor bound by confidentiality, at your own cost. You may audit more often if there is a concrete sign that we are not meeting this section.
• When your account ends, we delete or anonymise the data within the period described under Moving, exporting and keeping your data, unless the law requires us to keep it. If you ask before then, we give you a copy first.

What you do

You decide what data you collect and why. You make sure you have a lawful basis, you tell your members how their data is used (for example in your own privacy notice), and you collect no more than you need. If you collect health information, for example in intake questions or treatment notes, you need a condition for processing special category data under Article 9 UK GDPR and the Data Protection Act 2018, usually explicit consent, and you keep to any duty of confidentiality that applies to you. Your instructions to us must be lawful and within what Avana can do.

Health answers are stored separately, are only visible to you and the instructors you give access, and are never put in a URL, an email or an export. If a member has an Avana account with several studios, each studio only sees its own members' data.

To provide Avana we work with suppliers, for example for hosting, payments, sending email and texts, storing and streaming video, and integrations such as calendar or accounting software. We choose them carefully and may change them. An outage at a supplier can affect the service; see Availability and liability towards the studio. If you connect a third-party service yourself, that party's terms also apply.

We do our best to keep Avana stable, secure and available, but cannot promise uninterrupted availability. Maintenance or updates may limit it for a while; we announce major planned maintenance where we can. Trial and beta features are provided as they are.

Avana is a business tool offered to you as a business, and our no-commission model is priced on the basis of the limits in this section. So far as the law allows, we are not liable to the studio, whether in contract, tort (including negligence) or otherwise, for:

• loss of profit, revenue, bookings, members, goodwill or reputation, or empty spots in a class;
• indirect or consequential loss of any kind;
• loss caused by an outage, software error, maintenance, interruption, or changing or stopping a feature;
• loss caused by an overbooking, double use of a room or equipment, or an error in capacity, the waitlist or deducting classes, passes or memberships;
• loss caused by data entered incorrectly by you, your team or your members, or by settings you chose;
• loss caused by an email, text or push notification not arriving, arriving late or twice;
• loss caused by a failed, delayed or reversed payment;
• loss or unavailability of data, and deleting data after your subscription ends as described in these terms;
• loss caused by a suspension or termination under these terms, or by a supplier we use or that you connect.

So far as the law allows, our total liability to the studio in any 12-month period, for all claims together, is limited to the greater of (a) the subscription fees you paid us in the 12 months before the event that caused the claim, and (b) £100.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited by law. You must tell us in writing about a claim within 12 months of discovering the loss, unless the law does not allow this.

Avana is meant for normal business use by one business. You do not put an unreasonable load on the service, automate requests outside our integrations, extract data that is not yours, or try to get around or copy the technology or its security.

We may suspend or close your account or parts of it, where necessary immediately, in case of: non-payment after a reminder; a serious or repeated breach of these terms; offers not allowed under these terms; suspected fraud, money laundering or other crime; technical misuse, or a request from a supplier, payment provider, app store, regulator or court; or behaviour or circumstances that put the security of the service, other users or members at risk, including serious or repeated complaints about unsafe classes or rooms.

Where we can, we tell you first and give you a chance to put things right. A suspension or termination does not change what you owe for the current period, and your obligations to your members stay with you.

We may add, change or remove features, as long as the core of your plan stays the same. We announce a material change to these terms at least 30 days in advance by email and on this page; if you do not agree, you can cancel before it takes effect. For members, the version that applied when they booked or bought applies to that booking or purchase. Changes required by law, a court or a regulator may take effect sooner.

Neither of us is liable for failing to perform because of events outside our reasonable control, such as failures of the internet, power or telecoms, attacks on infrastructure, supplier outages, fire, flood, pandemic, war, terrorism, sanctions or government measures.

We may transfer our rights and obligations to a group company or as part of a sale or restructuring, and will tell you if we do. You may only transfer yours with our written consent. If part of these terms is invalid, the rest stays in force and the invalid part is replaced by a valid one as close as possible to what was intended. These terms, our privacy policy and any extra terms for a specific feature are the whole agreement between the studio and us. Apart from members under the "For members" sections, nobody else has a right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

When you book a class, trial class, course, private or duet session through Avana, or buy a class pass, membership, gift card or product from a studio, your agreement is with the studio. The studio teaches the class, is responsible for the room, equipment and instructors, and is your contact for everything about the class. The studio's own terms and house rules may also apply; the studio shows them before you book.

Avana provides the software you use to book, pay and manage your classes, and takes online payments on behalf of the studio. Avana is not a party to your agreement with the studio, does not teach classes, does not choose or check instructors and does not manage rooms or equipment.

For booking and paying online through Avana you pay a service fee to Avana, included in the price you see and shown as a separate line at checkout. It is not refunded if you cancel, a class is cancelled or the studio refunds you, unless the law requires otherwise. If you pay in the studio, you pay no service fee to Avana.

Exercise is good for you, but not without risk. Every class asks something of your body, and an injury can never be ruled out completely. So we ask you to:

• Check before your first class whether it suits you. If you have doubts about your health, for example an injury, back, neck or joint problems, heart or circulation problems, high blood pressure, recent surgery, pregnancy or a recent birth, talk to your GP or another health professional first.
• Answer any health questions the studio asks fully and truthfully, keep them up to date, and tell the instructor before class about anything they should take into account.
• Follow the instructor's directions, use equipment only as explained and do not push beyond what your body allows. Stop if you feel pain, dizzy or unwell, and tell the instructor.
• If you take a class on video or outside the studio, no instructor can watch you, so make sure your space is safe and take extra care.

Avana is not involved in the class itself. Your rights against the studio stay in place: if the studio or an instructor falls short, you can hold the studio to account under the law and its terms. Nothing in these terms limits anyone's liability for death or personal injury caused by negligence.

• Booking. A booking is fixed once you receive a confirmation. The studio's rules on booking, cancelling, late cancellation, no-shows, the waitlist and changing spot are shown when you book and in your account. The studio decides, for example, whether a class counts as used if you cancel late or do not come.
• Waitlist. A waitlist place is not a reservation. Depending on the studio, you are offered a free spot for a set time, booked in straight away with your pass or membership while you can still cancel free of charge, or told about it so the first to book gets it. If you are booked in automatically and cannot come, cancel in time.
• Class passes and credit. A pass or credit is only valid at the studio where you bought it, for the period the studio states. If you cancel in time or a class is cancelled, you get the class back on your pass, or for a single class one class of credit at that studio. If you cancel late or do not come, the class counts as used. If you are entitled to something else under the law or the studio's terms, such as a refund, you arrange it with the studio.
• Memberships. You take out a membership with the studio, on the term, notice period and other conditions it shows before purchase. With recurring payment, you authorise our payment provider to charge the membership amounts. You cancel or pause under the studio's rules, in your account or with the studio.
• Your right to cancel. When you buy a pass, membership or product online, you may have a legal right to cancel within 14 days. That right is against the studio, and the studio should tell you before you buy. It usually does not apply to a class booked for a specific date and time.
• Paying. A payment through Avana for a studio's offer counts as payment to that studio. Refunds are handled by the studio. If a payment fails, you may receive a message with a payment link.
• Booking for someone else. If you book for someone else or bring a friend, make sure they know these terms and the studio's rules apply. Do not book in someone's name without their permission.

• With your Avana account you can book with one or more studios. You sign in with a code sent by email or text. Keep that code and your email to yourself and give correct details. Each studio only sees your details with that studio.
• The studio is responsible for the data you leave with it, such as bookings, attendance, payments and health and intake answers, and Avana processes it for the studio. Only the studio, and the instructors it gives access, see your health answers. Avana is responsible for your Avana account itself; see our privacy policy.
• You follow the studio's house rules, treat instructors and other members with respect, and do not use a group or feed in the app for offensive, unlawful or unsolicited commercial messages. We and the studio may remove posts and limit your access if you do.
• You do not use Avana to harm the service, studios or other members, for example with fake bookings or by misusing trial classes, discounts or friend codes.

Avana makes sure you can book, pay and manage your classes, and does its best to make that work well and securely. Avana is not responsible for a studio's classes, instructors, rooms, equipment, products or terms, or for belongings lost or damaged in a studio.

If Avana itself falls short in how the platform works, we are responsible for loss that was a foreseeable result of our failure. We are not responsible for loss that was not foreseeable. Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit, and your statutory rights as a consumer always remain.

For questions or complaints about a class, an instructor, a refund, your membership or your pass, contact the studio. If your complaint is about how Avana works or about the service fee, email support-nl@getavana.com. We reply within 24 hours, usually sooner.

If you are a studio with a complaint about the service or an invoice, tell us first at support-nl@getavana.com or danny@getavana.com. We reply within 24 hours and do our best to solve it together. If that does not work, we each give the other 30 days to settle it before going to court. This does not stop either of us from asking a court for urgent relief.

These terms and any dispute arising from them, including non-contractual disputes, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over disputes between a studio and us. A studio based in Scotland or Northern Ireland may also bring proceedings in its local courts.

If you are a member, you keep the protection of the mandatory consumer law where you live. You can bring a claim in the courts of England and Wales, or, if you live in Scotland or Northern Ireland, in the courts there.

Questions about these terms? Email support-nl@getavana.com or use our contact page.