Terms And Conditions

Welcome to Xendiera.com, an exercise and healthy living program (the “Program”) provided by Xendiera Inc. (“Xendiera,” “we,” or “us”).

READ CAREFULLY: The following terms and conditions (collectively, these “Terms” or “User Agreement”), together with the Xendiera Privacy Policy, constitute a legally binding agreement between you and Xendiera that governs your participation in the Xendiera Program, including your use of the Program website located at www.xendiera.com, including its contents and elements (text, graphics, artworks, logos, trademarks, service marks, designs, photos, images, videos, audios, listings, directories, printable or downloadable materials, programming/HTML code, page layouts, “look and feel” and user interface designs, embedded software tools and applications, etc.), and any other websites or applications and digital features related to the Program (the “Website”). By using the Website, you accept and agree to be bound by the following Terms and the Website Privacy Policy applicable to your use of the Website. Please note, the Website may contain links to third-party websites and online services that are not owned or controlled by Xendiera. Xendiera has no control over, and assumes no responsibility for, such websites and online services, and any terms and conditions provided by or on those third-party websites or applications control any use of those websites or applications. The User Agreement contains a binding arbitration agreement and waiver of class action claims.

ABOUT THE PROGRAM: The Xendiera Program is an exercise and healthy living program comprised of: 1) access to membership at participating fitness locations and may include access to 2) well-being coaching programs. In addition, digital fitness videos may be provided free of charge upon registration and do not require full Enrollment in the Program. The Program is provided by Xendiera Inc., who may procure services from its parent or affiliated companies, or third parties related to the Program. Further details of the Program are described in Section 6 below.

The Program requires payment of an Enrollment Fee, plus certain recurring Monthly Fees, and any applicable Annual Maintenance Fees, as set forth in, and in accordance with, Section 2 below. The Enrollment Fee, Monthly Fees, and any applicable Annual Maintenance Fees, are required to cover some of the costs associated with Xendiera’s continuing ability to offer Program features and they are deemed earned upon payment and are not severable.

Xendiera reserves the right to increase, modify, or otherwise change the fees associated with the Program, including a material change to any aspect or feature of the Program, or discontinue the Program entirely at any time and for any reason upon 30 days advance Notice (as defined in Section 12.1, if applicable, or generally defined as a reasonable notice period) of the effective date of such increase, modification, or change.

If you have questions about the Program, please contact Xendiera using the contact information posted on our “Contact Us” page at www.xendiera.com/contact-us.

Information Privacy: Your privacy is important to us. To learn more about how Xendiera protects your personally identifiable information collected through the Program and/or the Website, please refer to our Privacy Policy.

NOTICE TO CALIFORNIA RESIDENTS: Pursuant to Section 17538 of the California Business and Professions Code, prior to accepting payment from a buyer, also referred to as Primary Account Holder herein, located in California, we are required to disclose the following information to the buyer: Our Legal Name: Xendiera Inc. (or your specific legal entity name) Our Business Address: [Your Business Address in USA] Our cancellation and refund policy is set forth in Section 3 (Participant Cancellation) of these Terms.

NOTE TO INTERNATIONAL USERS: The Program and Website are intended for U.S. residents only. If you are outside of the United States and access the Website or submit your personal information to us, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. By using the Website or submitting your personal information to us, you consent to the transfer to and processing of your personal information in the United States.

IMPORTANT WARNINGS AND DISCLAIMERS: Physical exercise may result in injury, and not all exercises are safe or suitable for everyone. PLEASE ALWAYS CONSULT YOUR DOCTOR BEFORE BEGINNING ANY EXERCISE OR FITNESS PROGRAM, especially if you have any chronic or recurring condition, and/or if you are pregnant, nursing, or elderly. Xendiera, its content providers and its suppliers are NOT responsible or liable for any injury or illness you suffer from physical exercise. By engaging in an exercise or fitness program, you assume all risks of injury and illness.

• ALWAYS warm up before beginning any workout.
• NEVER exercise beyond the level at which you feel comfortable.
• PLEASE STOP EXERCISING IMMEDIATELY if you experience pain, soreness, fatigue, shortness of breath, dizziness, lightheadedness, blurred vision, headache, nausea, sickness, illness, dehydration, excessive sweating, or any other discomfort. If any of these symptoms persist after you stop exercising, please seek medical help immediately.

The Program and the Website are for general informational purposes only. Xendiera makes NO representation or warranty, whether express or implied, with respect to the Program or the Website. Xendiera does NOT endorse and is NOT responsible for any participant-posted view, opinion, advice, statement or comment on the Website. NOTHING YOU SEE OR READ OR OBTAIN FROM THE PROGRAM OR THE WEBSITE IS INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS OR TREATMENT. This also applies to any interactive tools that may be made available through the Program or the Website, such as the digital workout video library. Such interactive tools are in no way intended as, nor are they a substitute for, qualified, expert medical diagnosis, advice, counseling, or treatment. If you have a health condition or illness, or you require a medical opinion, you should consult with a licensed health professional in your area for proper examination, diagnosis, and treatment. Information you submit to Xendiera when using such interactive tools is retained by Xendiera and will be used by Xendiera for operating the interactive tools including providing you with information that you have requested or that may be of interest to you, and for other purposes described in our Privacy Policy, or as otherwise authorized by you.

Xendiera may continue to add, modify and delete existing features of the Program and the Website without the need to update these Terms and Conditions.

THIS USER AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.

THE WEBSITE IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOM(S) OR SITUATION IS LIFE-THREATENING, CALL 911 OR YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY.

Xendiera IS NOT A MEDICAL PROVIDER OR PHARMACIST. Xendiera AND ITS STAFF, INCLUDING COACHES, DO NOT OFFER MEDICAL OR PHARMACEUTICAL ADVICE. THEY CANNOT AND DO NOT DIAGNOSE OR TREAT MEDICAL, MENTAL HEALTH, OR OTHER HEALTH CONDITIONS. THE WEBSITE PROVIDES GENERAL INFORMATION FOR EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE USED AS MEDICAL ADVICE. FOR ANY MEDICAL OR HEALTH CONCERNS, CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL.

The Website expressly prohibits you from using information and services on the Website to diagnose, treat, cure, or prevent any medical condition. Application or reliance on any of the content, techniques, ideas and suggestions accessed through the Website is at your sole discretion and risk.

Personal Health Improvement Program Disclaimer: It is expressly noted that some personal health improvement programs are not appropriate for individuals who have certain medical or other health conditions. YOU ARE STRICTLY RESPONSIBLE FOR SEEKING MEDICAL ADVICE FROM A PHYSICIAN PRIOR TO PARTICIPATING IN ANY PERSONAL HEALTH IMPROVEMENT PROGRAM DISCUSSED, MENTIONED OR PROVIDED ON WEBSITE. You hereby agree and understand that you may not be aware of a medical condition from which you suffer, and therefore you should not participate in the personal health improvement programs presented on the Website prior to seeking the advice of a physician.

1. ELIGIBILITY

The Program is available to eligible member(s), as further described below, through their Program Sponsor (e.g., employer, health plan, etc., or direct enrollment via Xendiera if applicable). After enrolling in the Program, an enrolled member (“Primary Account Holder”) may enroll a legal spouse or registered domestic partner (“Spouse”).

To be eligible for the Program, you: (i) must be 18 years of age or older; (ii) must be residing in one of the fifty States or the District of Columbia in the United States (not including its territories or possessions); (iii) must have a valid email address; and (iv) as Primary Account Holder, be accessing the program through your Program Sponsor website or directly through xendiera.com. “Program Sponsor” is the entity who is offering the Program to its eligible population(s). In addition to the eligibility parameters above, you may be eligible for the Program if you; (i) are a Spouse of a Primary Account Holder enrolled in the Program; (ii) reside in the same household as the Primary Account Holder, and (iii) have been directly enrolled in the Program by an enrolled Primary Account Holder. NOTE: The Spouse may only be enrolled in the Program directly by the enrolled Primary Account Holder.

2. ENROLLMENT

2.1 Credit Card Required: This Section 2.1 applies to the enrolled Primary Account Holder. To enroll in the Program, you, as the Primary Account Holder, must have a valid American Express, Visa, MasterCard, or Discover credit card of which you are the named account holder or which you are authorized to use with the consent of the account holder. You will be required to provide valid credit card information to Xendiera at the time of enrollment so that applicable fees can be charged for your and, if applicable, your Spouse’s enrollment and the recurring monthly fee(s) (see Sections 2.2 and 2.3 below for applicable fee terms). Providing incomplete or incorrect credit card information may result in delay or decline of your enrollment(s). For information regarding how we keep your payment information secure, please see our Privacy Policy.

2.2 Enrollment Fee and Monthly Fees: This Section 2.2 applies to the enrolled Primary Account Holder. Any applicable Program enrollment fee (the “Enrollment Fee”), recurring (calendar) monthly participation fees (the “Monthly Fees”), and, if applicable, Annual Maintenance Fees, will be posted within the Fitness Center Search on the Website accessed through the URL provided to you, as the Primary Account Holder, by your Program Sponsor, or directly on xendiera.com. You may choose the “Immediate Access” option where you choose to enroll and begin accessing member benefits immediately in which case you will pay the Enrollment Fee, and the Monthly Fees for the current and second month (in which case the Enrollment Date will be the date of payment); OR you may choose the “Delayed Access” option to enroll now and elect to begin accessing member benefits effective on the first day of the following month (the Enrollment Date will be the first date of the next month) and pay your Enrollment Fee and next month’s Monthly Fee. For example: If you enroll on July 15th, and choose the Delayed Access option, we will collect your Enrollment Fee and next month’s fee now, and you may begin access your member benefits on August 1st. Each recurring Monthly Fee is applied as prepayment for the following month. Annual Maintenance Fees, if applicable, will be collected in the twelfth (12th) month of consecutive enrollment. Based on your fitness location selection(s), all required fees will be displayed during the enrollment process for your review and approval prior to payment. Except as expressly otherwise provided in Section 3 (Participant Cancellation) of these Terms, or except as otherwise required by law, payments of the Enrollment Fee, Monthly Fees and, if applicable, Annual Maintenance Fees are NON-REFUNDABLE to you, as the Primary Account Holder. Xendiera reserves the right to change the fees associated with this Program. If we do so, we will provide you with no less than 30 days’ Notice prior to the effective date of the change. The fees above may be subject to taxation. If so, the applicable tax will be shown online prior to completing payment. References to the Enrollment Fee, Monthly Fees, and Annual Maintenance Fees (if applicable), throughout this document include taxes, if any, applicable to those fees.

2.3 Conditions of Enrollment: As conditions to your enrollment in the Program, and except as expressly otherwise provided in Section 3 (Participant Cancellation) of these Terms: YOU AGREE to be bound by these Terms and our Privacy Policy. As Primary Account Holder, YOU AGREE to pay, and you authorize your credit card to be immediately charged for yourself (and your spouse if applicable):

• For the Immediate Access option, the Enrollment Fee and the Monthly Fees for the current and second month as well as, if applicable, for your Spouse’s enrollment. OR
• For the Delayed Access option, the Enrollment Fee and the next month’s Monthly Fee if you choose to enroll effective on the first of the following month. YOU AGREE to remain in the Program for at least two (2) months from your Enrollment Date (the “Introductory Period”). As Primary Account Holder, YOU AGREE that after the Introductory Period, your credit card will continue to be charged the Monthly Fee for each additional month you, and if applicable, your Spouse, remain in the Program, unless and until your and/or your Spouse’s participation is canceled in accordance with these Terms. Upon Primary Account Holder cancellation, your Spouse will no longer be eligible to participate in the Program and such participation in the Program will be canceled in accordance with these Terms. YOU AGREE that the information you submit and that we collect about you as part of the Program and through the Website may be shared with third parties in accordance with our Privacy Policy. You AGREE that Xendiera reserves the right to increase, modify, or otherwise change the Enrollment Fee, the Monthly Fees, any applicable Annual Maintenance Fees, the Introductory Period, or any other aspect or feature of the Program, at any time and for any reason. If Xendiera makes any changes to the Enrollment Fee, the Monthly Fees, any applicable Annual Maintenance Fees, or any material change to either the Introductory Period or any aspect or feature of the Program, Xendiera will provide Notice at least 30 days in advance of the effective date of such change. As the Primary Account Holder, YOU AGREE that the Enrollment Fee, Monthly Fees, and any applicable Annual Maintenance Fees are paid in order to ensure access to and the availability of the entire Program as a whole, and that no part of the Program is severable or individually compensable. As the Primary Account Holder, YOU AGREE that if access to one part of the Program is unavailable for a period of time, but the other parts remain available, no refund is due to you because you are enrolling in a comprehensive program. You have the right to cancel your participation and, if applicable, your Spouse’s participation in the Program in accordance with the terms of Section 3 below. YOU AGREE to receive any Notice of an amendment to these Terms by email from Xendiera to you at the email address you provide to Xendiera at the time of your registration on the Website or phone enrollment. You further AGREE that you will keep your email address current, which you can do by updating your account on the Website or by phone; and any Notice sent by Xendiera to the email address currently listed on your account is deemed official Notice related to these Terms. And you further AGREE that Notice WILL BE DEEMED RECEIVED BY YOU when Xendiera sends an email to the email address currently listed on your account. Xendiera is not responsible for your failure to receive Notices if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Your continued payment of Monthly Fees, and your failure to timely cancel your and, if applicable, your Spouse’s participation in the Program, and/or continued use of the Program indicate your AGREEMENT to any changes/updates to the Program.

2.4 Declined Payment: If the charge of the applicable enrollment-related fees outlined in Section 2.2 above to the Primary Account Holder’s credit card is declined for any reason during the enrollment process, you and, if applicable, your Spouse will not be enrolled into the Program. If enrollment is successful and any charges to the credit card (e.g. the subsequent Monthly Fees) are declined for any reason thereafter, Xendiera will continue to attempt to charge the Primary Account Holder’s credit card for no longer than two (2) weeks. You, as Primary Account Holder, will be notified via the email address on file if your credit card is declined for any reason. If Xendiera’s attempts to charge your card remain unsuccessful, Xendiera will: (i) not complete enrollment if a declined payment occurs at the time of enrollment; or (ii) terminate your and, if applicable, your Spouse’s participation if a declined payment occurs after enrollment. In the event Xendiera terminates your and, if applicable, your Spouse’s participation due to a declined payment that occurs after enrollment, should you wish to re-enroll in the Program, you will be required to pay a new Enrollment Fee and commit to a new Introductory Period for yourself and, if applicable, your spouse.

2.5 How to Enroll: As the Primary Account Holder, you can enroll yourself and, if applicable, your Spouse in the Program by linking over from the website of your Program Sponsor to the Website; or in certain limited cases where phone enrollment is made available. When enrolling in the Program, you will be required to confirm your agreement with these Terms and our Privacy Policy by affirmatively checking a box. If you receive telephonic support to enroll, Xendiera will direct you to the Xendiera Terms and our Privacy Policy; your Registration or Enrollment and failure to exercise your Buyer’s Right to Cancel, as set forth in Section 3.1 will confirm your agreement with these Terms and our Privacy Policy. NOTE: Access to the Xendiera program is personal to you and may NOT be shared with or transferred to others. Sharing or transferring your access to enrollment with another may result in denial or revocation of your enrollment, as well as civil and/or criminal liabilities.

2.6 Additional Fitness Locations Once enrolled into the program, you can add additional fitness locations to your Enrollment. All fees described above will apply to each additional location; however, the monthly fee will be discounted by $5 for any additional locations (for you or your spouse/domestic partner) after your first fitness location. If you choose to cancel your first fitness location, your additional location will revert to full price. You will always have one fitness location at full price.

2.7 Enrollment Confirmation & Fitness Card: Upon a successful enrollment and completion of the enrollment process, you, as the Primary Account Holder, will receive a confirmation email as well as a fitness card to present to the fitness location on your first visit to that fitness center. Successful enrollment enrolls you, as the Primary Account Holder, into the Program and also registers you to access and use the Website and its various features. If you chose the Delayed Access option, you cannot use the fitness location until the Enrollment Date, which is the first of the month after you paid the Enrollment Fees. Your fitness card will reflect that Enrollment Date.

Once enrolled by the Primary Account Holder, the Spouse will receive a confirmation email and access to the Website to complete the registration process. The Spouse, may complete the registration process, including agreeing to the Terms of the Website, and then have access to their fitness card(s). Successful enrollment enrolls you, the Spouse, into the Program and also registers you to access and use the Website and its various features. If the Spouse is enrolled and the Delayed Access option is chosen, the Spouse cannot use the fitness location until the Enrollment Date, which is the first of the month after the Enrollment fees are paid. The Spouse fitness card will reflect that Enrollment Date.NOTE: The fitness card that is provided to you is personal to you and may NOT be shared with or transferred to others. Sharing or transferring your fitness card to another may result in immediate suspension or termination of your participation in the Program, as well as civil and/or criminal liabilities.

3. PARTICIPANT CANCELLATION

3.1 “Buyer’s Right to Cancel” Period: YOU, THE BUYER, AND IN YOUR ROLE AS PRIMARY ACCOUNT HOLDER, MAY CANCEL, WITHOUT ANY PENALTY OR OBLIGATION, YOUR AND, IF APPLICABLE, YOUR SPOUSE’S PARTICIPATION IN THE PROGRAM AT ANY TIME WITHIN THE TIME PERIOD SPECIFIED BELOW:

• IF YOU OR YOUR SPOUSE ARE A RESIDENT OF GEORGIA, YOU MAY CANCEL WITHIN SEVEN (7) BUSINESS DAYS (EXCLUDING SUNDAYS AND FEDERAL HOLIDAYS) FROM THE DATE OF ENROLLMENT.
• IF YOU OR YOUR SPOUSE ARE A RESIDENT OF RHODE ISLAND, YOU MAY CANCEL WITHIN TEN (10) BUSINESS DAYS (EXCLUDING SUNDAYS AND FEDERAL HOLIDAYS) FROM THE DATE OF YOUR ENROLLMENT.
• IF YOU OR YOUR SPOUSE ARE A RESIDENT OF NORTH DAKOTA OR THE DISTRICT OF COLUMBIA, YOU MAY CANCEL WITHIN FIFTEEN (15) DAYS FROM THE DATE OF ENROLLMENT.
• IF YOU OR YOUR SPOUSE ARE A RESIDENT OF ANY OF THE OTHER UNITED STATES, YOU MAY CANCEL BEFORE MIDNIGHT OF THE FIFTH (5TH) BUSINESS DAY (EXCLUDING SUNDAYS AND FEDERAL HOLIDAYS) FROM THE DATE OF ENROLLMENT.

IF YOU EXERCISE THE BUYER’S RIGHT TO CANCEL, Xendiera WILL REFUND IN FULL THE ENROLLMENT FEE(S) AND MONTHLY FEES YOU PAID DURING ENROLLMENT WITHIN 10 DAYS AFTER NOTICE OF CANCELLATION. FOR MAIL OR EMAIL CANCELLATION REQUESTS, Xendiera WILL MEASURE TIMELINESS BY COMPARING THE RECEIVED DATE OF YOUR EMAIL OR POSTMARKED ENVELOPE TO THE DATE OF CANCELLATION IN OUR RECORDS.

TO EXERCISE THE BUYER’S RIGHT TO CANCEL, PLEASE CONTACT US WITHIN THE APPLICABLE TIME PERIOD INDICATED ABOVE BASED ON YOUR RESIDENCE USING ONE OF THE FOLLOWING METHODS: BY EMAIL OR MAIL (SEE ADDRESS BELOW), OR THROUGH THE WEBSITE CHAT FUNCTION, OR CALL Xendiera CUSTOMER SERVICE. YOU MUST CONTACT US NO LATER THAN THE APPLICABLE DEADLINE INDICATED ABOVE TO RECEIVE A FULL REFUND.

Mail: Xendiera Inc. Attn.: Program Cancellations [Your Company P.O. Box or Address for Cancellations] [Your City, State Zip Code]

Email: [Your Customer Service Email Address] including “Buyer’s Right to Cancel” in the subject line. Phone: [Your Customer Service Phone Number] (TTY/TDD 711, if applicable) [Your Hours of Operation, e.g., 5 am to 6 pm Pacific, Monday through Friday (excluding holidays)].

3.2 Cancellation During Introductory Period: After the applicable “Buyer’s Right to Cancel” period indicated in Section 3.1 above expires, participation in the Program is NON-CANCELLABLE during the remainder of the Introductory Period, except in the following limited circumstances:

• You or your Spouse become disabled and therefore are unable to participate in the Program for an extended period of time within the Introductory Period.
• If you or your Spouse should die during the Introductory Period.

If any of the above circumstances applies to you or your Spouse, you (or, in the event of your death, your estate) may cancel participation in the Program by calling Xendiera Customer Service at [Your Customer Service Phone Number] (TTY/TDD 711, if applicable) during the hours of [Your Hours of Operation]. You (or your estate, as applicable) may be required to provide documentation supporting the reason for the cancellation.

If you, as Primary Account Holder, (or your estate, as applicable) cancel pursuant to this Section 3.2, you (or your estate, as applicable) will be excused from any remaining obligations of the Introductory Period (including any Monthly Fee that would otherwise be due for the remainder of the Introductory Period) as of the cancellation date. NOTE: Upon Primary Account Holder cancellation, the Spouse will no longer be eligible to participate in the Program and such participation in the Program will be canceled in accordance with these Terms.

3.3 Cancellation After Introductory Period: After the completion of the Introductory Period, you, as Primary Account Holder may cancel your and/or, if applicable, your Spouse’s participation in the Program at any time on www.xendiera.com. You may also call Xendiera Customer Service at [Your Customer Service Phone Number] (TTY/TDD 711, if applicable) during the hours of [Your Hours of Operation]. NOTE: You, as the Primary Account Holder must notify Xendiera to cancel at least thirty (30) days prior to your and/or, if applicable, your Spouse’s next scheduled Monthly Fee payment due date to avoid any further credit card charge. Upon Primary Account Holder cancellation, the Spouse will no longer be eligible to participate in the Program and such participation in the Program will be canceled in accordance with these Terms.

3.4 Effect of Enrollment Cancellation on Registration: If you cancel your enrollment in the Program, you remain registered for the Website and will continue to have access to and be able to use certain Website features such as the digital workout video library. In exchange for this, Xendiera may continue to send you communications about the Program including advertising and marketing communications and survey communications (see our Privacy Policy for additional information on how we use your personal information). Your continued registration constitutes your consent to receive these communications. To cancel your registration, you can use the Chat feature of the Contact Us page of this Website.

4. RESERVATION OF RIGHTS BY XENDIERA

Xendiera reserves the right to:

• modify any aspect of the Program (including, without limitation, the Enrollment Fee, the Monthly Fees, any applicable Annual Maintenance Fees, and/or the Introductory Period, and add or revise program features) at any time by amending these Terms pursuant to Section 2.3.
• discontinue the Program, or any portion thereof, entirely at any time upon advance Notice via email; and
• immediately suspend or terminate your participation in the Program and your account on the Website, in the event of any of the following: (i) a declined payment of the Primary Account Holder’s credit card (see Section 2.4 above); (ii) if Xendiera determines, in its sole judgement, that you are in violation of these Terms or any applicable law or that your use of the Program or the Website may expose Xendiera to liability of any kind, or may adversely affect the reputation or goodwill of Xendiera or the Program; or (iii) if you engage in offensive or disruptive behavior with any Xendiera staff and coach or at a fitness location, or (iv) if you engage in behavior at a fitness location that puts yourself or others at risk of harm or you cause actual harm to yourself or others.

5. PROGRAM SURVEYS AND TESTIMONIALS

5.1 Program Surveys: From time to time, Xendiera may (either directly or through outside vendors) conduct surveys to collect Program participants’ feedback about their experience with the Program. Your participation in such surveys is completely voluntary. Should you choose to participate, your survey responses will not be shared outside of Xendiera in a manner that personally identifies you. Xendiera and/or its outside vendors may anonymize your and other participants’ survey responses to compile aggregate Program data to help Xendiera evaluate and improve the Program, and Xendiera will be free to share such aggregate Program data with third parties.

5.2 Testimonials: From time to time, Xendiera may (either directly or through outside vendors) invite Program participants to give interviews and provide testimonials about their experience with the Program. Your participation in such interviews and testimonials is completely voluntary. Should you choose to participate, you agree that all audio and video recordings, transcripts, photographs, and other materials derived from your interviews and testimonials (including associated copyrights) will become the property of Xendiera and may be freely used, reproduced, published and distributed by Xendiera and its successors and assigns, and third parties authorized by Xendiera, throughout the world and in perpetuity, in any and all media (including online/social media, print media, and broadcast media).

6. XENDIERA PROGRAM DETAILS

6.1 Xendiera Digital Fitness Program The Xendiera Digital Fitness Program provides participants with a broad range of workout options:

• Workout classes streamed on various platforms (e.g., website, social media channels),
• Xendiera Connected! Feature. A digital data aggregator to track your exercise activity.
• Access to a searchable library of digital education videos on fitness and exercise, including illustrations, animations, and interactive tools.
• The digital workout video library available on the Website, which is available upon Registration, without enrollment, and is offered free of charge upon Registration, even before Enrollment and continues to be available to you for as long as you remain Registered with the Website even if you cancel your Enrollment. 3rd party fitness video providers are subject to change at any time without notice.

6.1.1 Xendiera Connected! Tool: To use the Xendiera Connected! tool you must provide your own wearable fitness device that is compatible with the Website. Full use of the Xendiera Connected! tool requires a compatible wearable fitness device, internet access, and certain software (which may require periodic updates). The performance of the wearable fitness device may be affected by these factors. Xendiera will not purchase a device for you, nor will it reimburse you for the cost or replacement of a wearable fitness device. Your use of the Xendiera Connected! tool serves as your consent for Xendiera to receive information about your tracked activity. For information regarding Xendiera’s other uses of your personal information, please see our Privacy Policy.

6.2 Xendiera Fitness Location Access As participant in the Program, you have access to thousands of participating fitness locations across all 50 states and the District of Columbia, which may include fitness centers, fitness clubs, fitness studios, organizations that provide group exercise sessions, and other like entities providing fitness services. The Xendiera Networks of participating fitness locations is subject to change without Notice at any time based on network turnover due to additions, terminations, resignations or closures of fitness locations.

6.2.1 Access to Fitness Location Features: As a participant in the Program, you will have access to comprehensive fitness networks: Standard Fitness Network and Premium Fitness Network (collectively “Xendiera Networks”). Fitness locations may require you to sign their standard membership agreement. However, such agreements