Terms of Use

Odette is a fitness app. It is not medical advice. Check with a clinician before you start, and stop if something hurts. Your subscription renews automatically until you cancel it in your Apple Account settings, and Apple handles billing and refunds. You must be 18 or older.

1. The agreement

These Terms are an agreement between you and Yuval Fishbine, who makes and operates Odette (“we”, “us”). They apply to the Odette app for iPhone and to this website. By downloading or using Odette, or by continuing past its subscription screen, you agree to them. If you do not agree, please do not use Odette.

Our Privacy Policy explains what information Odette uses and what rights you have over it.

Apple’s licence agreement. Your licence to use the app is Apple’s Licensed Application End User License Agreement (the “Standard EULA”). These Terms add to it. Where these Terms and the Standard EULA say different things, these Terms apply, to the extent the law allows.

2. Who may use Odette

You must be at least 18 years old, or the age of majority where you live if that is higher, and able to enter into a binding agreement. Odette is for your own personal, non-commercial use.

3. Your health and safety

This is the most important section of these Terms. Please read it.

Odette is not medical advice. Odette offers general fitness and movement classes. It is not a medical device or a health care service, and nothing in it is medical advice, a diagnosis or a treatment. It does not replace the advice of a doctor, a midwife, a physiotherapist or any other qualified clinician.

Before you begin. Talk to your doctor or another qualified clinician before starting this or any exercise program, and in particular if any of these apply to you:

• you are pregnant, or gave birth or had surgery in recent months;
• you are recovering from an injury or an operation;
• you have a condition of the heart, lungs, blood pressure, bones, joints, spine, pelvic floor or balance, or any other condition that exercise could affect;
• you have been told to limit or avoid physical activity.

If you are pregnant or have recently given birth, practice only with your clinician’s agreement. Do not use Odette if your pregnancy is considered high-risk, or if you have been advised not to exercise, unless your clinician has specifically cleared it.

While you practice. Stop at once, and get medical help if it does not pass or if you are worried, if you feel pain, dizziness or faintness, shortness of breath, chest pain or pressure, a severe headache, or pain or swelling in a calf. If you are pregnant, also stop and contact your clinician if you have bleeding, leaking fluid, contractions or anything else that concerns you.

How the guidance works. The classes are prepared in advance. The voice and the demonstrations are not live instruction. No one is watching you, and the app cannot see, assess or correct how you move. You are responsible for practicing within your own limits, at your own pace, in a clear and safe space and on a suitable surface.

Adapted options are general. Odette may change what it offers you based on answers you give, for example what you asked it to be gentle with, or a season of life. These are general adaptations for people in a similar situation. They are not an assessment of you, and they are not medical clearance. Odette relies on your answers exactly as you last gave them and does not know when your circumstances change, so please keep them current in Settings.

Research and results. Where Odette mentions published research, it describes what a study found for the people who took part in it. It is not a promise of what you will experience. We do not guarantee any result from using Odette.

Your own risk. Exercise carries a risk of injury. To the fullest extent the law allows, you take part at your own risk, and you are responsible for deciding whether a class, a move or a pace is right for you.

4. Subscriptions

What you buy. Odette requires a paid subscription, bought as an in-app purchase through Apple’s App Store. The plans, their prices and any trial are shown in the app before you buy. They are not set out here and may differ between countries.

Payment and renewal. Payment is charged to your Apple Account when you confirm the purchase, or when a trial ends. Your subscription then renews automatically for the same period, at the price then in effect, unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within the 24 hours before the period ends.

Trials. If a plan includes a trial, you are not charged during it. When it ends it becomes a paid subscription, unless you cancel at least 24 hours before. Odette may remind you before a trial ends. The reminder is a courtesy and is only possible if notifications are allowed: whether or not it reaches you, the trial converts as described.

Cancelling. You can cancel at any time in your iPhone’s Settings, under your name and then Subscriptions, or in your App Store account. Deleting the app does not cancel a subscription. After you cancel, you keep access until the end of the period you have paid for.

Price changes. We may change the price of a subscription for future periods. Apple will tell you beforehand and, where its rules or the law require it, ask for your agreement. If a price was offered to you as one that stays beyond the first period, we will honour it for as long as that subscription continues without interruption.

Refunds. Purchases are made through Apple, and Apple, not us, handles billing and refunds under its own terms. To ask for a refund, go to reportaproblem.apple.com. We are not able to refund an App Store purchase ourselves.

Your legal rights. Nothing in these Terms limits a right to cancel, to withdraw or to a refund that the law where you live gives you and that cannot be waived.

5. What you may and may not do

You may use Odette on Apple devices that you own or control, for yourself. You may not:

• copy, record, download, redistribute, sell, publicly perform or broadcast the classes, the audio, the music, the videos or the images, except for the cards Odette makes for you to share;
• reverse engineer or modify the app, or work around its subscription or any technical limit, except where the law gives you that right regardless of these Terms;
• use automated means to extract content from Odette, or use its content to build a competing product or to train a machine learning model;
• use Odette in a way that breaks the law or harms others.

We may suspend or end your access if you seriously or repeatedly break these Terms.

6. Content and ownership

The app, its classes, scripts, audio, music, images and design, and the Odette name, belong to us or to those who license them to us. The exercise demonstrations are licensed from third parties and remain theirs. These Terms give you a right to use Odette, not ownership of any of it.

If you send us ideas or feedback, we may use them freely and without any obligation to you.

7. Other companies’ services

Odette is bought through the App Store, and it can work with Apple Health, Apple Music and Instagram if you choose to use them. Each of these services is run by another company under its own terms and policies, and may need your own account or subscription with it. We are not responsible for services we do not operate.

8. Changes to the app

We work to keep Odette running well, but we may add, change or remove classes, music, demonstrations and features, and we cannot promise that Odette will always be available, uninterrupted or free of errors. Licensed content in particular can change: an exercise demonstration may be replaced or withdrawn, and where its licence requires it, removed from your device.

Using Odette without a connection. Classes can play without an internet connection once their demonstrations are saved on your phone, but Odette needs to connect from time to time to keep them. After a long period offline, demonstrations are removed until it connects again.

Your history is yours to keep safe. Your practice history and your answers are stored only on your device. We hold no copy and cannot restore them if you delete the app, lose your phone or move to a new one without a backup.

9. No warranties

To the fullest extent the law allows, Odette is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that any class is suitable for you or will produce any result.

10. Limits on our liability

To the fullest extent the law allows:

• we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, data or goodwill, arising from or related to Odette or these Terms;
• our total liability for all claims arising from or related to Odette or these Terms is limited to the greater of the amount you paid for Odette in the twelve months before the claim arose and fifty US dollars.

These limits apply whatever the legal basis of the claim, and even if a remedy fails of its essential purpose.

What these limits do not do. Some laws do not allow some of these limits. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the law that applies to you, or takes away rights you have as a consumer that cannot be waived.

11. Your responsibility to us

To the extent the law allows, if you use Odette in breach of these Terms or of the law, and a third party brings a claim against us as a result, you agree to cover our resulting losses and reasonable costs. This does not apply where the law that protects you as a consumer does not permit it.

12. Apple

These Terms are between you and us only, not with Apple. Apple is not responsible for Odette or its content, and has no obligation to provide maintenance or support for it.

If Odette fails to conform to any warranty that applies, you may notify Apple, and Apple will refund the purchase price, if any. To the fullest extent the law allows, Apple has no other warranty obligation for Odette. Apple is not responsible for addressing any claim relating to Odette or to your use of it, including product liability claims, claims that it fails to meet a legal or regulatory requirement, claims under consumer protection or privacy law, and claims that it infringes someone’s intellectual property.

You confirm that you are not located in a country subject to a United States Government embargo, or one it has designated as supporting terrorism, and that you are not on any United States Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.

13. Governing law and disputes

If something has gone wrong, please write to us first at support@odettepilates.com. Most concerns can be settled quickly that way.

These Terms are governed by the laws of the State of Israel, without regard to its rules on conflict of laws. The competent courts of the Tel Aviv district in Israel have exclusive jurisdiction over any dispute arising from or related to these Terms or Odette.

If you are a consumer living in another country, this does not take away the protection of the mandatory laws of the country where you live, or any right you have under those laws to bring a claim in its courts.

14. Changes to these Terms

We may update these Terms. When we do, we will update this page and the date at its top, and the new Terms apply from that date onward. If a change is significant we will make that clear on this page beforehand. If you continue to use Odette after a change takes effect, you accept the updated Terms. If you do not agree, cancel your subscription and stop using Odette.

15. General

• If a court finds part of these Terms invalid or unenforceable, that part applies to the extent it can, and the rest stays in force.
• If we do not enforce a term, that is not a waiver of it.
• You may not transfer your rights under these Terms. We may transfer ours to a successor who takes over Odette.
• These Terms and the Standard EULA are the whole agreement between you and us about Odette.
• These Terms are written in English, and the English version is the one that applies.

16. Contact

Yuval Fishbine, Odette
support@odettepilates.com