Last updated: December 28, 2025
READ THIS CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
1. Interpretation and Definitions
1.1 Interpretation
Words with capitalized initial letters have meanings defined below. These definitions apply regardless of whether the terms appear in singular or plural form.
1.2 Definitions
“Account” means a unique account created by you to access the Service.
“Affiliate” means an entity that controls, is controlled by, or is under common control with a party.
“Application” means the web-based and/or mobile software application operated by the Company under the Werk / Werkflow brand.
“Company,” “we,” “us,” or “our” refers to Get Werk, Inc., a Delaware corporation.
“Content” means text, images, video, audio, or other information uploaded, posted, transmitted, or otherwise made available by users through the Service.
“Consumer” means a user who books or purchases a Listing through the Service.
“Device” means any device capable of accessing the Service.
“Feedback” means suggestions, ideas, or feedback provided to the Company about the Service.
“Host” means a user (including instructors, studios, or event organizers) who creates, lists, and offers Listings through the Service.
“Listing” means a class, event, studio rental, or other service offered by a Host through the Service.
“Service” means the Company’s online marketplace platform, including the Application and Website, and any related tools, features, and services.
“Terms” means these Terms of Service.
“Website” means https://www.werk.dance.
“You” means the individual or legal entity accessing or using the Service.
2. Who May Use the Service
2.1 Eligibility
To use the Service, you must:
- Be at least 18 years old (or the age of majority in your jurisdiction) and capable of entering into a binding contract.
- Not be barred from using the Service under applicable law. If you are using the Service on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity to these Terms and that “you” refers to that entity.
2.2 Territory
The Service is primarily intended for users located in the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
3. Contact Us
If you have questions about these Terms, contact us at: Email: hello@werk.dance Website: https://www.werk.dance
4. Acknowledgment
4.1 Binding Agreement These Terms govern your use of the Service and form a binding agreement between you and the Company. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.If you do not agree to these Terms, you must not access or use the Service.
4.2 Marketplace Role The Company is a technology platform only. The Company does not own, operate, control, employ, recommend, or endorse any Hosts or Listings. Hosts are independent third parties and are solely responsible for their Listings, including pricing, content, legality, safety, and delivery.
You acknowledge that the Company is not a party to any agreement between Hosts and Consumers and does not guarantee the existence, quality, safety, suitability, or legality of any Listing, the truth or accuracy of any Listing descriptions or reviews, or the performance or conduct of any user or third party.
4.3 Interactive Computer Service / Third-Party Content
To the extent permitted by applicable law, the Company operates as an “interactive computer service” and not the publisher or speaker of any Content or Listings provided by users or third parties. The Company may, but has no obligation to, monitor or review Content or Listings and may remove, suspend, or restrict access to any Content, Listing, or Account at any time in its sole discretion and without notice, including for violations of these Terms or applicable law.
5. Governing Law
These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict-of-laws principles. Subject to the Arbitration section below, for any claims that are not subject to arbitration, you and the Company agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware, and you waive any objection to such courts based on inconvenient forum or lack of jurisdiction.
6. User Accounts
6.1 Account Creation
You must provide accurate, current, and complete information when creating an Account and keep your Account information up to date. You may not create an Account using a false identity or information, or on behalf of someone other than yourself without proper authorization.
6.2 Verification and Checks
The Company does not routinely conduct background checks or safety screenings of users and makes no representations regarding the qualifications, identity, or background of any Host. The Company may, but is not obligated to, conduct identity verification, background checks, or other screenings on users (directly or through third-party providers) and may rely on information provided by such third-party providers, subject to applicable law. The absence of such checks does not imply any endorsement, certification, or guarantee by the Company.
6.3 Account Security
You are responsible for safeguarding your password and for all activity under your Account. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security.
6.4 Suspension and Termination
We may suspend or terminate your Account or access to the Service at any time, with or without notice, for any reason or no reason, including violation of these Terms or suspected fraudulent or harmful activity. Upon termination of your Account:
- Your right to use the Service will immediately cease.
- We may cancel or refund pending bookings as we determine appropriate and may withhold or adjust payouts associated with those bookings.
- Certain provisions of these Terms will survive termination, including those relating to intellectual property, Content licenses, payments, disclaimers, limitation of liability, indemnification, and dispute resolution.
We may retain and use information from your Account as required or permitted by law, for legitimate business purposes, and as described in our Privacy Policy.
7. Content
7.1 Your Content and License
You retain ownership of your Content. By posting or otherwise making Content available through the Service, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, translate, create derivative works from, distribute, publicly display, and publicly perform such Content in connection with operating, improving, promoting, and providing the Service, including analytics, product development, and machine-learning or artificial-intelligence-based features.To the extent your Content includes personal data, the Company will process such data in accordance with the Privacy Policy and applicable law. The Company may also use aggregated and de-identified data derived from your use of the Service for analytics, security, and to improve the Service.
7.2 Content Restrictions
You agree that you will not upload, post, transmit, or otherwise make available any Content that:
- Is unlawful, fraudulent, or promotes illegal activity.
- Infringes, misappropriates, or violates any third-party rights, including intellectual property, privacy, or publicity rights.
- Is hateful, harassing, abusive, defamatory, obscene, or discriminatory.
- Contains viruses, malware, or other harmful code.
- Provides medical, legal, or other regulated advice without appropriate qualifications and compliance.
- Misleads or is likely to mislead other users, including through false or misleading claims about Listings.
We may remove or restrict access to any Content at our discretion and without notice.
8. Listings, Bookings, and Payments
8.1 Marketplace Role
The Company facilitates the discovery of Listings and the formation of agreements between Hosts and Consumers but is not a party to such agreements. Hosts, not the Company, are solely responsible for:
- The Listings they create and the services they provide.
- Ensuring that Listings and services comply with all applicable laws, regulations, permits, and safety requirements.
- The environment, equipment, supervision, and conduct associated with a Listing.
8.2 Payments and Merchant of Record
Payments for Listings are processed by third-party payment processors such as Stripe or other providers selected by the Company. Your use of such payment services may be subject to additional terms and privacy policies of those third parties, and by using the payment features, you agree to comply with those terms. Unless expressly stated otherwise at checkout, on a receipt, or in other documentation, the Host is the merchant of record for transactions with Consumers, and the Company is not the merchant of record. Where the Company is designated as the merchant of record, that status will be explicitly indicated. The Company may withhold, delay, or adjust payouts to Hosts:
- To prevent fraud or abuse.
- In connection with disputes, chargebacks, or refunds.
- To comply with legal or regulatory obligations or requests.
You authorize the Company to charge, withhold, and otherwise process amounts in your Account as reasonably necessary to carry out these purposes.
8.3 Taxes
Hosts are solely responsible for determining and fulfilling their obligations to collect, report, and remit any sales, use, value-added, occupancy, or other taxes applicable to Listings and payouts, except to the extent applicable law designates the Company as a marketplace facilitator or imposes tax collection or withholding obligations on the Company.Where the Company is required by law to collect or remit taxes (including in a marketplace facilitator capacity), the Company may: - Collect such taxes from Consumers at checkout. - Remit such taxes to the appropriate authorities. - Adjust Host payouts to reflect such collection and remittance.
8.4 Cancellations, Refunds, and Disputes
Cancellation and refund policies are set by Hosts, subject to any default or minimum policies established by the Company and made available through the Service. If a Host does not specify a policy, the Company’s then-current default policy will apply. The Company may, in its sole discretion, issue refunds or credits to Consumers and adjust Host payouts (including negative balances) in connection with cancellations, no-shows, dissatisfaction, safety concerns, or policy violations. Hosts authorize the Company to make such adjustments via the payment method or payout mechanism used through the Service. The Company may assist with dispute facilitation between Hosts and Consumers but does not guarantee any outcome and has no obligation to resolve disputes. Chargebacks are not guaranteed to be covered by the Company, and Hosts bear the risk of chargebacks unless otherwise agreed in writing.
9. Physical Activity and Assumption of Risk
Listings may involve physical activity, including but not limited to exercise, fitness classes, dance, movement, and other strenuous activities. You understand and agree that such activities involve inherent risks, including injury, illness, property damage, disability, or death. You voluntarily assume all such risks by participating in any Listing. You are solely responsible for determining whether you are physically and medically able to participate in any Listing and are encouraged to consult your physician before beginning any new exercise program or activity. To the maximum extent permitted by law, you release the Company and its Affiliates, officers, employees, and agents from any and all claims, demands, and damages arising out of or related to injuries, losses, or damages resulting from or in connection with your participation in any Listing, except to the extent caused by the Company’s own gross negligence or willful misconduct. Hosts, not the Company, are responsible for the safety, condition, and suitability of any location, equipment, or instruction provided in connection with a Listing.
10. Disclaimers and Limitation of Liability
10.1 “AS IS” Disclaimer
The Service, Listings, and all Content are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement.The Company does not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.
10.2 No Responsibility for Third Parties
To the maximum extent permitted by law, the Company disclaims all responsibility and liability for:
- Any acts or omissions of Hosts, Consumers, or other users.
- Any Listings, services, or Content provided by third parties.
- Third-party services, including payment processors and communications providers.
10.3 Limitation of Liability
To the maximum extent permitted by law, in no event will the Company or its Affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, or data, arising out of or in connection with your use of the Service, Listings, or these Terms, even if advised of the possibility of such damages.To the maximum extent permitted by law, the Company’s total aggregate liability arising out of or relating to these Terms or your use of the Service shall not exceed the greater of (a) the amount you paid through the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages; in such jurisdictions, the limitations of this section shall apply to the fullest extent permitted by law.
11. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its Affiliates, officers, directors, employees, and agents from and against any claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Service or participation in any Listing.
- Your Content or Listings (if you are a Host).
- Your violation of these Terms or any applicable law or regulation.
- Your infringement, misappropriation, or violation of any third-party right, including intellectual property, privacy, or publicity rights.
12. Intellectual Property
The Service and all materials therein or transferred thereby, including software, features, text, graphics, images, logos, trademarks, trade dress, and the overall “look and feel” of the Service, are the exclusive property of the Company or its licensors and are protected by intellectual property and other laws. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal or internal business purposes. You may not:
- Copy, modify, distribute, sell, or lease any part of the Service.
- Reverse engineer or attempt to extract the source code of the Service, except to the extent permitted by law.
- Use the Service for any purpose that competes with the Company or to build a competing product or service.
- Use any automated means (such as bots, crawlers, or scrapers) to access the Service without our prior written permission.
13. Feedback
You grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, copy, modify, create derivative works of, distribute, and otherwise exploit any Feedback you provide, for any purpose and without obligation to you. The Company has no obligation to use any Feedback and may use similar ideas that are already known to the Company or obtained from other sources.
14. Dispute Resolution; Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
14.1 Agreement to Arbitrate
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules (including, if applicable, the Consumer Arbitration Rules).You and the Company agree that the Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate.
14.2 Arbitration Procedure
The arbitration will be conducted by a single arbitrator. The seat or location of arbitration will be in the State of Delaware, unless you and the Company agree otherwise, or unless the applicable AAA rules or law require a different location or remote proceedings. The language of the arbitration will be English. The arbitrator has the authority to grant any relief that would otherwise be available in a court, including injunctive or declaratory relief, on an individual basis. The arbitrator’s award shall be final and binding on you and the Company and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own fees and costs of arbitration, except as otherwise required by the AAA rules or applicable law. If the arbitrator finds that your claims are not frivolous, the Company will pay any filing, administrative, or arbitrator fees that the AAA rules require the Company to pay.
14.3 Class Action and Jury Trial Waiver
YOU AND THE COMPANY AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING OR TO HAVE ANY DISPUTE HEARD BY A JURY. If a court or arbitrator determines that the class action waiver in this section is unenforceable as to particular claims or requests for relief, then such claims or requests for relief shall proceed in court and not in arbitration, and the remainder of this section shall remain in effect.
14.4 Opt-Out
You may opt out of this agreement to arbitrate by sending a written notice to hello@werk.dance within thirty (30) days after you first accept these Terms. Your notice must include your name, mailing address, email address associated with your Account, and a clear statement that you opt out of arbitration. If you opt out, neither you nor the Company will be required to arbitrate disputes, but the remainder of these Terms will continue to apply.
14.5 Small Claims Court and Injunctive Relief
Nothing in this section prevents either party from bringing an individual action in small claims court where the claim is within that court’s jurisdiction, or from seeking temporary or preliminary injunctive relief in court where necessary to protect that party’s rights or property.
15. Privacy
Your use of the Service is subject to the Company’s Privacy Policy, which describes how we collect, use, and share personal data. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy and in accordance with applicable law.
16. Changes to These Terms
We may update these Terms at any time. When we do, we will change the “Effective Date” above and may provide additional notice (such as by sending an email or posting a notice within the Service), where required by law. Unless otherwise stated, updated Terms will become effective when posted. Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
17. Miscellaneous
17.1 Entire Agreement These Terms, together with the Privacy Policy and any additional policies or terms referenced herein or provided within the Service, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous agreements relating to the Service.
17.2 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. The Company may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
17.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
17.4 No Waiver
The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
17.5 Relationship of the Parties
Nothing in these Terms shall be construed to create any partnership, joint venture, employment, agency, or fiduciary relationship between you and the Company.
