Terms of Service | Fitness Radio

TERMS OF SERVICE

Fitness Radio LLC

Last Updated: 10-2026

1. Agreement to These Terms

These Terms of Service ("Terms") form a binding agreement between you and Fitness Radio LLC, a Wyoming limited liability company ("Fitness Radio," "we," "us," or "our"), governing your access to and use of fitnessradio.com, its subdomains, our mobile applications, and all related services (collectively, the "Service").

By creating an account, subscribing, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

Section 10 governs ownership of playlists and other compilations you create within the Service. Section 5.3 describes how to delete your account and what happens when you do. Section 17 contains a binding arbitration provision and a class action waiver that affect your legal rights. Please read these sections carefully.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to create an account. The Service is intended for fitness professionals, facility operators, and their authorized users. By using the Service, you represent that you meet these requirements and that you are not barred from using the Service under the laws of your jurisdiction.

If you accept these Terms on behalf of a business, gym, studio, or other organization, you represent that you have authority to bind that entity, and "you" refers to that entity.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You agree to:

Provide accurate and complete registration information and keep it current
Use a unique password not used on other services
Notify us promptly at PRIVACY [at] FITNESSRADIO.COM of any unauthorized use of your account

Accounts are personal to a single user. You may not share credentials, allow concurrent use by multiple individuals, or transfer your account to another person. The one exception is a business account held by a gym, studio, or other business under Section 6. Each instructor who wants their own playlists and settings needs their own account.

We may suspend or terminate accounts that we reasonably believe are being shared, resold, or used in violation of these Terms.

You may permanently delete your account at any time, as described in Section 5.3.

4. Subscriptions, Billing, and Auto-Renewal

4.1 Subscription Plans

Access to the Service requires a paid subscription except where a free trial or promotional access is expressly offered. Current plans, features, and pricing are published on the Service and may change as described in Section 4.6.

4.2 How You May Subscribe

You may subscribe on our website, at fitnessradio.com, or in our Android, iPhone and iPad apps. Wherever you subscribe, we process payment through our payment processor, not Google Play or the Apple App Store, and the same billing terms apply.

4.3 Automatic Renewal

Your subscription renews automatically at the end of each billing period — monthly, annually, or as otherwise specified in your plan — and your payment method will be charged the then-current rate, until you cancel.

You authorize us and our payment processor to charge your payment method on each renewal date without further authorization from you.

4.4 Free Trials

If we offer a free trial, we will disclose its length and terms at signup. Unless you cancel before the trial ends, your subscription converts automatically to a paid subscription and your payment method will be charged.

Free trials are limited to one per person, one per payment method, and one per organization. This limit is not reset by cancelling, deleting, or re-creating an account, or by using a different email address or payment method.

To enforce this limit, we retain a pseudonymized identifier derived from your email address and your payment method after your account is deleted, as described in Section 5.4 and in our Privacy Policy. This identifier is not an account, cannot be used to access the Service, and contains no readable personal information. When a new account is created, we compare it against these identifiers. If it matches, the account may subscribe at standard pricing but is not eligible for a free trial.

We may revoke a trial at any time for suspected abuse.

4.5 Purchases in Our Mobile Apps

We process purchases in our Android, iPhone and iPad apps through our payment processor, not Google Play or the Apple App Store, so these Terms apply to them as they do to website subscriptions. Billing questions, cancellations, and refund requests go through your account settings or our contact page at fitnessradio.com/contact. Your app store may show you a notice about this before you buy.

4.6 Price Changes

We may change subscription pricing. We will provide at least 30 days' notice by email to the address on your account before a price change takes effect, and the change applies at your next renewal. If you do not accept a price change, your remedy is to cancel before the renewal date.

4.7 Taxes

Prices exclude applicable sales, use, VAT, GST, and similar taxes, which will be added where required by law.

4.8 Failed Payments

If a payment fails, we may retry the charge, suspend access, and ultimately terminate the subscription. You remain responsible for amounts owed.

5. Cancellation, Refunds, and Account Deletion

5.1 Cancellation

You may cancel your subscription at any time through your account settings on the web or in the app.

Cancellation takes effect at the end of the current billing period. You retain access until that date, after which your account becomes inactive and your license under Section 7 ends. Your account itself remains in place unless you delete it under Section 5.3.

5.2 Refunds

We do not provide prorated refunds for partial billing periods. All fees are non-refundable except where required by applicable law or expressly stated in these Terms. Residents of jurisdictions providing statutory cancellation or cooling-off rights retain those rights.

We may, at our sole discretion and without obligation to do so in any other case, issue a refund or credit for a documented service failure or on a case-by-case basis.

5.3 Account Deletion

You may permanently delete your account at any time:

In the mobile app, through Settings → Account → Delete Account
On the web, at fitnessradio.com/delete-account

Deletion is not the same as cancellation. Cancellation ends future billing and preserves your access through the end of the period you have already paid for. Deletion ends your access immediately and removes your account, regardless of how much prepaid time remains. If you want to stop being billed but keep the access you have paid for, cancel under Section 5.1 instead.

Before we process a deletion request, we will tell you how much prepaid subscription time you will forfeit and offer cancellation as an alternative.

Deletion cannot be undone. Your access ends immediately upon confirmation. We permanently erase your account and personal information within 30 days, subject to Section 5.4. We cannot restore a deleted account, its settings, its listening history, its playlists, or its subscription. If you return to the Service, you must create a new account, and you will not be eligible for a free trial under Section 4.4.

We do not refund prepaid, unused subscription time when you delete your account. Refund requests following deletion are considered case by case under Section 5.2.

5.4 What We Retain After Deletion

After your account is deleted, we retain only the following:

A pseudonymized trial-and-fraud identifier, derived from your email address and payment method as described in Section 4.4. We retain this for 24 months from the date of deletion, to enforce the one-trial limit and to prevent fraud and abuse, after which it is automatically purged. It is not an account and cannot be used to identify or contact you.
Transaction, billing, and tax records required by law, retained for the period applicable law requires.
Playlists and other compilations you created, subject to Section 10.2. These are stripped of your name, username, profile image, and any other information identifying you.
Records reasonably necessary to establish, exercise, or defend legal claims, to comply with a legal obligation, or to enforce these Terms.
Residual copies in routine backups, which are overwritten on our normal backup rotation and are not restored to active systems except for disaster recovery.

Everything else — your profile, credentials, contact information, listening history, device records, and support correspondence — is permanently erased.

5.5 Business Account Deletion

If a gym, studio, or other business deletes its account, the subscription ends at the same time for everyone who uses it under Section 6. The business is responsible for telling its staff before it deletes the account; we will not notify them on its behalf and cannot restore their access afterward. Playlists and other data kept under the account are deleted with it, except as provided in Section 5.4.

Staff who want to keep using the Service must create their own accounts and subscriptions.

6. Business, Gym, and Studio Accounts

6.1 Who Holds the Account

A gym, studio, or other business may hold an account in its own name. The business is the account holder, accepts these Terms under Section 2, and is responsible for all activity on the account.

6.2 Staff Use

The business may let its employees and contractors operate the account to play music at its location, for example to run the radio stations on the gym floor. The account may be used for only one stream at a time, and the business must keep its login details within the staff it allows to use it.

6.3 Locations

Each subscription covers one location. A business with more than one location needs a separate subscription for each one.

6.4 Responsibility

The business is responsible for making sure everyone who uses its account complies with these Terms, including any misuse of Licensed Content.

7. License Grant and Permitted Use

7.1 Scope of License

Subject to your compliance with these Terms and payment of applicable fees, Fitness Radio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream the musical recordings, mixes, playlists, stations, and related materials made available through the Service (the "Licensed Content") solely for the purpose of leading, teaching, or conducting in-person fitness instruction, and for your personal listening.

7.2 Permitted Uses

You may:

Stream Licensed Content through the Service during live, in-person fitness classes, sessions, and personal training that you lead
Stream Licensed Content for your own personal listening
Create, organize, and use playlists within the Service, subject to Section 10

7.3 License Term

This license exists only while your subscription is active and in good standing. All rights to use Licensed Content end immediately when your subscription terminates or expires, or when you delete your account. You obtain no ownership interest in any Licensed Content at any time.

7.4 Public Performance Licensing — Your Responsibility

Important. Playing music in a gym, studio, or other commercial or public setting generally requires a separate public performance license from performing rights organizations (in the United States, ASCAP, BMI, SESAC, and GMR) or their equivalents in your country. These licenses are typically held by the facility.

Your subscription to Fitness Radio does not grant, include, or substitute for a public performance license. You — and the facility where you teach — are solely responsible for obtaining and maintaining any performance licenses required in your jurisdiction. You agree to indemnify Fitness Radio for claims arising from your failure to do so, as described in Section 16.

8. Prohibited Uses

You may not, and may not permit any other person to:

Download, record, capture, rip, or otherwise create a copy of any Licensed Content, by any means, including stream capture, screen recording, or analog reproduction
Circumvent, disable, or interfere with any digital rights management, encryption, access control, geographic restriction, or security feature of the Service
Include Licensed Content in any recording, video, livestream, podcast, or broadcast, including classes recorded or streamed to YouTube, Instagram, TikTok, Facebook, Zoom, or any other platform, whether public or private, free or paid
Redistribute, resell, sublicense, rent, lease, or otherwise transfer Licensed Content or access to the Service
Share account credentials or let anyone other than you use your account, except staff a business allows to use its account under Section 6
Create multiple accounts, use false registration information, or use a different email address or payment method in order to obtain more than one free trial or to evade a suspension or termination
Use the Service to create a competing product, or to train, develop, or evaluate any machine learning or artificial intelligence model
Scrape, crawl, index, or use automated means to access, extract, or catalog the Service or its content
Reverse engineer, decompile, or disassemble any part of the Service, except to the extent this restriction is unenforceable under applicable law
Interfere with, overload, or disrupt the Service or its infrastructure, or attempt to gain unauthorized access to any system or account
Remove, obscure, or alter any copyright, trademark, or proprietary notice
Use the Service for any unlawful purpose or in violation of any applicable law or third-party right

Violation of Sections 8.1 through 8.6 is a material breach and may result in immediate termination without refund, in addition to any other remedy available to us or to the rights holders whose works we license.

9. Intellectual Property

The Service, including all software, interfaces, designs, text, graphics, logos, station programming, phrasing and beat-matching data, and Licensed Content, is owned by Fitness Radio or its licensors and is protected by copyright, trademark, and other intellectual property laws. Ownership of playlists and other compilations assembled within the Service is governed by Section 10.

"Fitness Radio," the Fitness Radio logo, and related marks are trademarks of Fitness Radio LLC. You may not use them without our prior written permission.

Except for the limited license in Section 7, no rights are granted to you, by implication, estoppel, or otherwise.

10. Playlists, Compilations, and Your Content

10.1 Ownership of Playlists and Compilations

Playlists, mixes, station configurations, sequences, and other compilations assembled within the Service ("Compilations") are built exclusively from Licensed Content that Fitness Radio owns or licenses, and depend on our proprietary phrasing, tempo, and beat-matching data. You do not acquire any interest in the underlying Licensed Content by assembling it into a Compilation.

To the extent any copyright, database right, or other proprietary right arises in the selection, arrangement, sequencing, or titling of a Compilation you create within the Service, you hereby irrevocably assign that right to Fitness Radio LLC, in whole and worldwide, for the full term of protection, including all renewals and extensions.

To the extent such assignment is not effective or enforceable under applicable law, you grant Fitness Radio a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, store, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, distribute, and create derivative works from that Compilation, for any purpose relating to the Service or our business, without further notice, attribution, or compensation to you.

To the extent permitted by law, you waive any moral rights or rights of attribution or integrity in any Compilation.

10.2 Retention of Compilations After Cancellation, Termination, or Deletion

The rights granted in Section 10.1 survive cancellation, termination, and account deletion.

When your account is deleted or terminated, we may retain any Compilation you created and continue to make it available on the Service. Before doing so, we will remove your name, username, profile image, and any other information identifying you, and we may republish the Compilation under a Fitness Radio house account or under a new title.

A retained Compilation is no longer attributed to you, is no longer under your control, and confers no rights, credit, royalties, or compensation on you. We may also modify, retitle, reorganize, or remove it entirely at our discretion.

You may request that a Compilation you created be removed rather than retained by contacting PRIVACY [at] FITNESSRADIO.COM. We will consider such requests but are not obligated to grant them, except where applicable law requires removal.

10.3 Other Content You Submit

You retain ownership of any other content you submit to the Service that is not a Compilation — for example, profile information, uploaded images, and support communications ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display Your Content as necessary to operate and provide the Service.

You are responsible for Your Content and represent that it does not infringe any third party's rights or violate any law.

10.4 Feedback

If you send us suggestions, feature requests, or other feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose without obligation or compensation to you.

11. Service Availability and Changes

We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, network conditions, or events beyond our control.

Our music catalog changes over time. Recordings may be added or removed as licensing agreements begin, change, or expire. We do not guarantee that any particular track, mix, station, or playlist will remain available, and removal of content is not a breach of these Terms or grounds for a refund.

We may modify, suspend, add to, or discontinue features of the Service at any time. If we discontinue the Service entirely, we will provide reasonable advance notice and a prorated refund of any prepaid, unused subscription fees.

12. Third-Party Services

The Service may integrate with or link to third-party services, including app stores, payment processors, and social platforms. We are not responsible for third-party services, and your use of them is governed by their own terms and policies.

13. Apple App Store Additional Terms

The following applies if you obtained the mobile application from the Apple App Store:

These Terms are between you and Fitness Radio only, not with Apple. Apple is not responsible for the application or its content.
Apple has no obligation to provide maintenance or support for the application.
If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. Apple has no other warranty obligation.
Apple is not responsible for addressing any claim relating to the application, including product liability, regulatory compliance, or consumer protection claims.
Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual property infringement claim relating to the application.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

14. Termination

By you. You may cancel your subscription under Section 5.1 or permanently delete your account under Section 5.3.

By us. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we suspect fraudulent or abusive activity, if required by law or by a content licensor, or if we discontinue the Service.

Effect. On termination, your license under Section 7 ends immediately, your access ceases, and we may delete your account data as described in our Privacy Policy, subject to Sections 5.4 and 10.2.

If we terminate your account for a reason other than your breach, we will refund any prepaid, unused portion of your subscription fee.

Survival. Sections 5.2, 5.4, 8, 9, 10, and 14 through 19 survive termination, expiration, and account deletion.

15. Disclaimers

THE SERVICE AND ALL LICENSED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law, Fitness Radio disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service or its servers are free of harmful components.

Fitness content and physical activity carry inherent risk. The Service provides music only and is not exercise instruction, medical advice, or a fitness program. You are solely responsible for the safety and conduct of any class or session in which you use the Service, and for the health and safety of your participants.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

16. Limitation of Liability and Indemnification

16.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITNESS RADIO AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, arising out of or related to these Terms or the Service, whether based in contract, tort, strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages.

This includes any loss resulting from your deletion of your account under Section 5.3, including loss of prepaid subscription time, playlists, history, or settings.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability, so some of these may not apply to you.

16.2 Indemnification

You agree to defend, indemnify, and hold harmless Fitness Radio and its members, officers, employees, agents, and licensors from any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorneys' fees, arising out of or related to:

Your use of the Service or Licensed Content
Your breach of these Terms, including any prohibited use under Section 8
Your failure to obtain any required public performance license under Section 7.4
Your violation of any law or third-party right
Use of a business account by anyone the business allows to use it under Section 6
Any claim by your staff or clients arising from your deletion of a business account under Section 5.5

17. Dispute Resolution and Arbitration

17.1 Informal Resolution First

Before filing a claim, you agree to contact us at LEGAL [at] FITNESSRADIO.COM and attempt to resolve the dispute informally. We will do the same. If the dispute is not resolved within 60 days, either party may proceed under Section 17.2.

17.2 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in Sheridan, Wyoming, or by telephone, videoconference, or written submission at your election. Judgment on the award may be entered in any court of competent jurisdiction.

17.3 Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.

17.4 Class Action Waiver

YOU AND FITNESS RADIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

17.5 Your Right to Opt Out

You may opt out of this arbitration provision by sending written notice to LEGAL [at] FITNESSRADIO.COM within 30 days of first accepting these Terms. Your notice must include your name and the email address on your account. Opting out will not affect any other part of these Terms, and will not affect your subscription in any way.

17.6 Governing Law and Venue

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws rules. For any dispute not subject to arbitration, you and Fitness Radio consent to the exclusive jurisdiction of the state and federal courts located in Sheridan, Wyoming.

Nothing in this Section deprives consumers of the protection of mandatory provisions of the law of their country of residence.

18. Changes to These Terms

18.1 Notice

We may update these Terms from time to time. We will revise the Last Updated date above and, for material changes, provide notice by email to the address on your account or by prominent notice within the Service at least 30 days before the change takes effect.

18.2 Acceptance and Record of Acceptance

For material changes, we may require you to affirmatively accept the revised Terms before you continue to use the Service. Where we do not require affirmative acceptance, your continued use of the Service after the effective date constitutes acceptance.

We maintain a record of which version of these Terms you accepted and the date and time of your acceptance. You may request a copy of that record by contacting PRIVACY [at] FITNESSRADIO.COM.

If you do not agree to revised Terms, your remedy is to cancel your subscription under Section 5.1 or delete your account under Section 5.3 before the revised Terms take effect.

19. General Provisions

Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Fitness Radio regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our written consent. We may assign them, together with all rights in Compilations under Section 10, in connection with a merger, acquisition, financing, or sale of assets.

Force majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control, including natural disasters, war, labor disputes, network or utility failures, and acts of government.

Notices. We may provide notice to you by email to the address on your account or by posting within the Service. Notices to us must be sent to LEGAL [at] FITNESSRADIO.COM or to the address in Section 20.

Export compliance. You agree to comply with all applicable export control and sanctions laws.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Fitness Radio.

20. Contact

Fitness Radio LLC 32 N Gould St Ste R Sheridan, WY 82801

Email: LEGAL [at] FITNESSRADIO.COM Privacy and account deletion: PRIVACY [at] FITNESSRADIO.COM Account deletion: fitnessradio.com/delete-account