Avana Studio terms

Avana is provided by Sweeber Technologies, a business registered in the Netherlands (Netherlands Chamber of Commerce number 91489377), Torenlaan 5B, 1402 AT Bussum, the Netherlands ("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 mainly between us and the business that runs a studio with Avana, and the person who signs up for it ("you," "the studio"). A "member" is anyone who books or buys a class, intro class, course, class pack, membership, private or duet session from the studio, including guests without an account. An "instructor" is anyone who teaches for the studio. A "room" is any space, indoors or outdoors, where a class takes place.

The sections starting with "For members" also apply between us and members, for using Avana to book and pay with a studio. Members cannot rely on the other sections against us.

For a studio account, these terms apply instead of the Avana terms of service for salons. Our privacy policy explains how we handle personal information. These terms cover all of Avana for studios, including features added later, add-ons and trial or beta features.

• Avana only provides software that a studio uses to manage its schedule, members, bookings, payments and messages, and that members use to book and pay. Avana does not organize, teach, supervise or check classes.
• The studio is the provider. The agreement for a class, pack, membership, private session, product or gift card is between the studio and the member. Avana is not a party to it, even when the member books and pays through Avana or the studio uses Avana's settings, texts or templates.
• Avana has no control over the studio. Avana does not hire, train, supervise, pay or check the certifications of instructors, and is not their employer. Avana does not own, operate or inspect rooms, equipment or materials, and does not decide who may take a class or whether a member is fit enough.
• Online payments are collected for the studio, by us as the studio's limited agent for receiving payment. The amount for the class, pack, membership or product belongs to the studio. The service fee the member pays is for using Avana.
• Tools, not guarantees. The health questionnaire, intake questions, house rules, room layout, 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 and keep them current, especially your account email address. 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 business and not for personal purposes, and you have authority to bind the studio. Your account is for your own studio; you may not resell or sublicense it or give access to people outside your team.

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 to offer drugs, performance-enhancing substances, prescription products without the required license, sexual or erotic services, or anything else unlawful.

Classes with a medical or therapeutic purpose, such as physical therapy or pelvic floor therapy, are only allowed when taught by someone licensed to do so in your state. You do not suggest a class is medical treatment when it is not. You comply with the law that applies to your studio, including business licenses, fire and building codes, health and safety rules, and rules on teaching minors.

You describe your classes, packs, memberships and products accurately, including level, intensity, who a class is and is not suitable for, what to bring and the language it is taught in. The price you enter in Avana is the full price and is not higher than what a member pays when booking another way. Unavoidable costs are included in the price you show.

The service fee for booking and paying online is set by us and is not part of your price. The member sees the price including the service fee from the first moment a price is shown. 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 your listings to protect members, keep the platform's quality or comply with the law or our suppliers' rules, and we may suspend your account if you offer something not allowed. Where we reasonably can, we tell you first. We are not obligated to review your listings.

For studios, Avana offers Studio, Studio Plus and Studio Max. Current prices and features are on our pricing pages and in your account. In the US we charge in US dollars, and our prices include any sales tax that applies. You can start with a free trial, one per business; its length is on our pricing pages.

• Automatic renewal. You pay in advance, monthly or yearly, from the card saved in your account. Your subscription renews automatically for the same period at the price that applies then, until you cancel, and you authorize us to charge your card on each renewal date. We email you at least 30 days before a price change.
• Canceling. You can cancel online at any time in your account, or by emailing support-nl@getavana.com from your account email address. There is no notice period or fee. Cancellation takes effect at the end of the paid period, and you keep access until then. Except where the law requires otherwise, payments are non-refundable.
• Changing plans. A higher plan takes effect immediately and nothing is charged at that moment: the difference for the rest of the period is added to your next invoice. Add-ons included in the higher plan, such as extra instructors, end at the switch. A lower plan takes effect at your next renewal.
• Failed payments. We retry and email you. After a reminder we may suspend paid features, and after 30 days past due we may end the subscription. Costs of failed payments and chargebacks are yours.
• Plan contents. We may decide which features belong in which plan, as long as the core of your plan stays the same, and give 30 days' notice if a feature you use moves to a higher plan.

If you stop. After your subscription ends, your studio page, schedule and member booking stop working, and members' memberships charged through Avana can no longer continue through Avana. You are responsible for settling things with your members, including future classes, unused packs and credit, memberships and gift cards, and for telling them in good time. We have no obligation to members to provide classes or refund money.

• We take no commission on your revenue. When a member pays online, they pay Avana a service fee for using Avana, included in the price they see and shown as a separate line at checkout. We set the amount and structure; current amounts are on our pricing pages.
• The fee only applies to online payments through Avana. For memberships and packs it may apply per purchase or per payment, shown before paying. If a member pays in person, there is no service fee.
• You do not present the fee as your own charge, build it into your price or charge it again.
• The service fee is not refunded when a booking is canceled, a class does not go ahead or a payment is refunded, unless the law requires otherwise. We may change it for purchases after the change.

• Optional add-ons, such as extra instructors or text message credits, are switched on in your account and fall under these terms.
• Text message credits are a one-time purchase, non-refundable and not transferable. With automatic top-up on, when your balance drops below 10 credits we buy your chosen bundle again and charge your card, at most twice per calendar month.
• Texts to US numbers go through a registered A2P 10DLC campaign, as US carriers require. Until that is approved, texts to US numbers may be unavailable and reminders go by email.
• We cannot guarantee delivery of any text, email or push notification. Credits and extra seats have no cash value.

Everything that happens in, at and around your studio is your responsibility. In particular, you make sure that:

• your rooms, changing rooms, restrooms, entrances and outdoor locations are safe, clean and suitable, and meet the codes that apply;
• your equipment, such as reformers, cadillacs, chairs, barres, mats, weights, springs and ropes, is suitable, installed, used, maintained and inspected as the manufacturer instructs, and taken out of use when unsafe;
• class sizes suit the room, equipment and supervision, whatever capacity you set in Avana;
• your instructors are qualified and competent for every class they teach, supervise members, take account of each member's level and limitations, and know what to do in an emergency;
• you have suitable emergency provisions, such as first aid supplies and, where appropriate, an AED;
• you carry adequate general liability insurance and, where needed, professional liability insurance for your classes, rooms and equipment, for as long as you use Avana;
• you only teach minors with a parent's or guardian's permission and appropriate supervision.

We have no control over or view of these things and do not check them. We are not responsible for injury, illness, loss of belongings or other harm that anyone suffers in or around your studio, during a class or because of your equipment, and you indemnify us against such claims as set out under Your members and your indemnity.

• You can give instructors and staff their own login with a role. You decide who sees what, including health information, and remove access when someone leaves.
• Your relationship with your instructors, as employees or independent contractors, is yours. We are not an employer, staffing agency or intermediary. If Avana calculates instructor pay, that is a tool based on your settings; you are responsible for paying instructors, payroll taxes, worker classification and tax reporting.
• Our support team may access your account when needed to solve a problem or prevent misuse. This is logged and limited to what is needed.

• You decide whether to ask health and intake questions, what they are, what your house rules say and what you do with the answers. Our standard questions and texts are a starting point, not legal or medical advice.
• We do not read or assess the answers, give no medical advice and do not decide whether a member may take part. You and your instructors do.
• Avana records which version a member answered or agreed to, and when. We do not guarantee that an agreement, waiver or release accepted through Avana is enforceable in your state. If you use a liability waiver, you are responsible for its content and for how members accept it.
• Health answers are sensitive personal information. Ask only what you need for a safe class, get any consent the law requires, and only let instructors who need them see the answers.

• You set your schedule, classes, rooms, spots, capacity, locations and your rules for booking, canceling and the waitlist, and keep them correct.
• We do our best to show availability correctly and prevent double bookings but cannot guarantee it. If an overbooking happens anyway, you resolve it with your members. A spot a member picks is a preference; you may move them.
• For the waitlist you choose how a freed spot is filled: offered for a set time to the first person, booked straight away for the first person with a valid pack or membership (only while they can still cancel for free), or announced to everyone. A waitlist spot is not a reservation, and we are not liable if a message arrives late or an offer expires.
• Check-in is an administrative tool, not access control or building security.

• The agreement is yours. A membership is an agreement between you and your member. You set the price, number of classes, minimum term, notice period, pause options and what happens to unused classes, and show them clearly before purchase.
• Auto-renewal laws. Your members are consumers. You are responsible for complying with the Restore Online Shoppers' Confidence Act and your state's automatic renewal law, including clear disclosure of renewal terms before purchase, the member's affirmative consent, a confirmation with cancellation instructions, an easy way to cancel online, and any required renewal reminders. Avana's settings help, but they do not guarantee compliance.
• Recurring payments. A member who chooses recurring payment authorizes our payment provider to charge the membership amounts. Avana runs those charges according to your settings. If a payment fails, Avana may send the member a payment link and notify you; collecting arrears outside Avana is up to you.
• Chargebacks and their costs are yours, also after payout.
• Pausing and stopping. You can pause or stop a membership. During a pause nothing is charged through Avana and an unlimited member cannot book.
• Changes. Changing a membership in your offer does not change memberships members already have. To change a running membership, follow your terms and the law and tell the member yourself.

• You set and show before purchase the terms of class packs, single classes, intro offers and courses, including validity, transferability and what happens to unused or missed classes.
• Avana deducts classes according to your settings and tracks balances; you check the settings. Expiration of packs, credit and gift cards must comply with federal and state law, which in some states limits or bans expiration.
• Avana can limit an intro offer to once per member, but cannot rule out someone booking again with another email address.
• Packs and credit are only valid at your studio and have no cash value against us. If you sell a course or program, delivering it is your obligation.

You set how long before a class a member can cancel for free. If a member cancels in time, Avana returns a class from a pack to the pack and turns a paid single class into one class of credit at your studio, with limited validity. If a member cancels late or does not show up, the class counts as used; any further fee is up to you and your terms. We do not collect fees for you.

If you cancel a class, Avana cancels the booked members and messages them; a class from a pack goes back on the pack, and a member who paid for a single class online gets one class of credit. If a member is entitled to a refund under the law or your terms, you arrange it. Refunds are at your cost, and the service fee is not refunded. We are not liable for classes that do not go ahead.

• Online payments go through Stripe, by card, Apple Pay or Google Pay, including recurring card payments for memberships. You need your own Stripe account and must complete Stripe's verification; Stripe's terms also apply.
• A payment through Avana for your offer counts as payment to you. The amount, minus the member's service fee, is paid out on Stripe's schedule, which we do not control.
• Refunds, disputes and chargebacks are at your cost, also after payout, and we may offset amounts owed to us.
• You are responsible for your taxes, including any sales tax on classes, packs and memberships.

• Guests and friends who take part count as members for these terms; make sure they know your house rules and answer health questions where you use them. You set any referral discount and reward.
• A private or duet session is an agreement between you and the member, like a group class. If an online payment arrives when the time is no longer free, the member may get a class of credit.
• Gift cards and promotions are your offer. You comply with federal and state gift card laws and honor gift cards also if you stop using Avana.
• If you sell products, such as activewear, mats, drinks or supplements, you are the seller and responsible for labeling, safety and claims, including FDA and FTC rules.

• You get permission from everyone recognizable in photos or video you take in class, and a parent's or guardian's permission for minors. You never film in changing rooms or restrooms.
• If you offer classes on video, where Avana offers that, you confirm you have the rights to the video and music, and you give clear safety instructions.
• If you open a group or feed for members, where Avana offers that, you moderate it. We may remove unlawful content but do not monitor posts in advance.

• Avana sends booking messages on your behalf, such as confirmations, reminders, waitlist notices, canceled classes, failed payments and low pack balances.
• Before Avana texts a member for you, you must have the consent the Telephone Consumer Protection Act and state laws require: consent for informational texts, and prior express written consent for marketing texts. Every text identifies your studio and tells the recipient how to opt out, and you honor every opt-out.
• Marketing emails must comply with the CAN-SPAM Act, including your physical postal address and a working unsubscribe link, and you honor opt-outs within 10 business days.
• You indemnify us against fines and claims, including TCPA claims, arising from messages sent on your behalf without the required consent.

• If your studio page is public, we may show it in listings, let search engines index it and share it with map services and booking channels, using what is already on your page. We share no member data.
• You do not write, buy or incentivize fake reviews or suppress genuine ones, as the FTC's rule on consumer reviews forbids.
• Avana's software, design, standard texts and brand stay ours; you get a non-exclusive license while your subscription runs. Your content stays yours, and you give us a license to host and show it as needed to provide the service.

• If you import data, you remain responsible for it; check balances and end dates after an import.
• Export your data before your subscription ends. After it ends, we keep your data for 90 days, then delete or de-identify it, except what the law requires us to keep.
• If you delete a member, their personal information is de-identified, except data tied to an invoice or payment. Backups are for our own use.

Your members are yours, and we do not use their data to approach them. You will defend, indemnify and hold harmless Avana and its staff against all third-party claims, losses and costs, including reasonable attorneys' fees, arising from your classes and anything that happens during them (including injury, illness and death), your rooms, equipment and facilities, your instructors and staff, the questions, house rules and waivers you use, your memberships, packs, gift cards, prices and terms (including consumer law compliance and refunds), your products, messages and content, data you are responsible for, and any breach of these terms or the law by you or anyone using your account. We tell you promptly about a claim and cooperate in the defense. This does not apply to the extent a claim is caused by our own gross negligence or willful misconduct.

This section is our data processing addendum. It applies automatically when you accept these terms. If you would like a signed copy, email support-nl@getavana.com. Where it conflicts with the rest of these terms, this section controls for personal information we process on your behalf.

Our role

For the personal information of your members, guests, instructors and staff that you keep in Avana ("Client Data"), you are the business (or controller) and we are your service provider (or processor) under the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA) and other US state privacy laws that apply. We process Client Data to provide Avana as described in these terms, which is the business purpose. For your own account details as our customer, we act for ourselves under our privacy policy.

What we will not do

• We will not sell or share Client Data, as "sell" and "share" are defined in the CCPA.
• We will not retain, use or disclose Client Data for any purpose other than providing Avana to you, including for any commercial purpose of our own, or outside our direct business relationship with you, except as the CCPA and other applicable laws permit a service provider to do (for example to detect security incidents, prevent fraud, or comply with the law).
• We will not combine Client Data with personal information we receive from or on behalf of others, or collect ourselves, except as the law permits.
• We will not use Client Data to contact your members for our own marketing, for advertising, or to show them to other businesses on Avana.

What we will do

• Comply with the CCPA and other applicable state privacy laws, and give Client Data the level of privacy protection they require.
• Notify you if we determine that we can no longer meet our obligations under those laws. You may then take reasonable and appropriate steps to stop and remedy unauthorized use of Client Data.
• Process Client Data only on your documented instructions. These terms, your settings and your actions in Avana are your instructions.
• Make sure everyone who processes Client Data is bound by a duty of confidentiality.
• Use reasonable security measures appropriate to the nature of the data, including encryption in transit, access control, logging of admin actions and backups.
• Help you respond to consumer requests to know, access, correct or delete personal information, and to opt out, mostly through the tools in Avana, and help you with data protection assessments where the law requires them.
• Notify you without undue delay after we become aware of a security breach affecting Client Data, so you can meet any breach notification duties under state law.
• Make available the information you reasonably need to show we meet this section, and allow a reasonable assessment once a year by an independent assessor bound by confidentiality, at your cost.
• At the end of your subscription, delete or return Client Data as described under Moving, exporting and keeping your data, unless the law requires us to keep it.

Subcontractors

We use subcontractors (sub-processors) for hosting, payments, sending email and text messages, storing video and AI-assisted replies. The current list is in our privacy policy. Each is bound by a written contract with obligations at least as protective as this section. We tell you by email before adding or replacing one that handles Client Data; if you have a reasonable objection, tell us within 14 days and we will look for a solution, or you can cancel before the change takes effect.

Where data is processed

We are based in the Netherlands. Client Data is stored mainly in the European Economic Area, and some subcontractors process it in the United States. By using Avana, you agree to this.

Your part

You decide what Client Data you collect and why, give your members any notice the law requires (for example a notice at collection and a privacy policy), and honor their requests. If you collect sensitive information, such as health information in intake or health questions, you get any consent the law requires and limit its use to what is necessary. Avana is not designed to be a HIPAA business associate, and you must not use it to store protected health information if you are a covered entity under HIPAA.

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.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, AVANA IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT AVANA WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT ANY MESSAGE WILL BE DELIVERED, OR THAT CAPACITY, WAITLISTS OR BALANCES WILL ALWAYS BE CORRECT.

TO THE FULLEST EXTENT PERMITTED BY LAW, AVANA WILL NOT BE LIABLE TO THE STUDIO FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BOOKINGS, MEMBERS, GOODWILL OR DATA, OR FOR ANY HARM SUFFERED BY A MEMBER, GUEST, INSTRUCTOR OR OTHER PERSON IN OR AROUND THE STUDIO, ARISING OUT OF OR RELATING TO AVANA OR THESE TERMS. OUR TOTAL LIABILITY TO THE STUDIO FOR ALL CLAIMS IS LIMITED TO THE GREATER OF (A) THE SUBSCRIPTION FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED US DOLLARS ($100).

These limits are an essential part of the bargain and do not apply to liability that cannot be limited by law. A studio must bring any claim within one year after it arises, unless the law requires a longer period.

Avana is for normal business use by one business. We may suspend or terminate your account, immediately if necessary, for nonpayment after a reminder, a serious or repeated breach, offers not allowed under these terms, suspected fraud or crime, technical misuse, a request from a supplier, carrier, app store, regulator or court, or behavior that puts the service, users or members at risk, including serious or repeated complaints about unsafe classes. Where we can, we tell you first. Your obligations to your members stay with you.

We may change features as long as the core of your plan stays the same, and we announce material changes to these terms at least 30 days in advance; you can cancel before they take effect. For members, the version that applied when they booked or bought applies to that booking or purchase.

Neither of us is liable for events beyond our reasonable control. We may assign this agreement to an affiliate or in a sale of our business. If a provision is unenforceable, the rest stays in effect. These terms, our privacy policy and any feature-specific terms are the entire agreement between the studio and us. Members are third-party beneficiaries only of the "For members" sections.

When you book a class or session through Avana, or buy a class pack, 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, house rules and any waiver it asks you to sign may also apply.

Avana provides the software you use to book, pay and manage your classes, and collects online payments for the studio. Avana does not teach classes, choose or supervise instructors, or operate rooms or equipment.

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

Exercise has real benefits and real risks, and an injury can never be ruled out completely.

• Before your first class, check that it suits you. If you have doubts about your health, for example an injury, back, neck or joint problems, heart conditions, high blood pressure, recent surgery, pregnancy or recently giving birth, talk to your doctor first.
• Answer the studio's health questions fully and truthfully, keep them up to date, and tell your instructor before class about anything they should know.
• Follow the instructor's directions, use equipment only as shown, and stop if you feel pain, dizziness or discomfort.
• If you take a class on video or outside the studio, no one is watching you, so make sure your space is safe.

Avana is not involved in the class itself and is not responsible for injury or illness that happens during or because of a class, in or around a studio, or because of a studio's equipment, except to the extent caused by Avana's own gross negligence or willful misconduct, or as the law otherwise requires. Your rights against the studio are not affected.

• Booking. A booking is confirmed once you receive a confirmation. The studio's rules on booking, canceling, late cancellation, no-shows, the waitlist and spots are shown when you book.
• Waitlist. A waitlist spot is not a reservation. Depending on the studio, you may be booked in automatically with your pack or membership while you can still cancel for free, so cancel in time if you can no longer come.
• Class packs and credit are only valid at the studio where you bought them, for the period it states. If you cancel in time or a class is canceled, the class goes back on your pack, or for a single class you get one class of credit. A late cancellation or no-show counts as used.
• Memberships. You buy a membership from the studio, on the renewal, term and cancellation terms it shows before purchase. With recurring payment, you authorize our payment provider to charge the membership amounts until you cancel under the studio's rules, in your account or with the studio.
• Refunds are handled by the studio, under its policy and the law of your state. A payment through Avana to a studio counts as payment to that studio.
• Booking for someone else. Make sure they know these terms and the studio's rules apply, and do not book in someone's name without permission.

• You sign in with a code sent by email or text. Keep it to yourself and give correct details. Each studio only sees your details with that studio.
• The studio decides how your booking, attendance, payment and health information is used, and Avana processes it for the studio. Only the studio and the instructors it gives access see your health answers. See our privacy policy.
• You follow the studio's house rules, treat others with respect, and do not post offensive, unlawful or spam content, make fake bookings or misuse intro offers, discounts or referral 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, terms or for belongings lost in a studio.

To the fullest extent permitted by law, Avana's total liability to a member for any claim about how the platform works is limited to the service fees you paid Avana for the booking concerned, and Avana is not liable for indirect damages, such as a missed class because a message did not arrive. This does not apply to liability that cannot be limited by law, and your rights as a consumer under the law of your state always remain.

For questions or complaints about a class, an instructor, a refund, your membership or your pack, contact the studio. For complaints about how Avana works or the service fee, email support-nl@getavana.com.

If you have a complaint, tell us first at support-nl@getavana.com or danny@getavana.com, and give us 30 days to try to resolve it informally before starting a lawsuit, except for urgent relief.

These terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Disputes between a studio and us will be brought exclusively in the state or federal courts located in Delaware. A member may bring a claim in those courts or in the courts where they live, and keeps the protection of the consumer laws of their state. Either of us may bring an individual claim in small claims court where it qualifies.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE STUDIO AND AVANA EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT ARISING OUT OF OR RELATING TO THESE TERMS OR AVANA.

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