Terms of Service

Eligibility

You must be at least 16 years old and able to form a binding contract to use the Service. If you are using the Service on behalf of a studio or other organization, you represent that you have authority to bind that organization. Until we have appointed an Article 27 representative under the EU GDPR, the Service is not available to residents of the European Economic Area, the United Kingdom, or Switzerland.

Accounts and acceptable use

You are responsible for activity under your account and must keep your credentials secure. You must use the Service only for lawful studio-management purposes and must comply with our Acceptable Use Policy. We may suspend or terminate accounts that violate these Terms or the Acceptable Use Policy.

The Pelagio platform and payments

Pelagio operates as a Payment Facilitator. Finix Payments, Inc. is our payment processor and sponsor and performs Know-Your-Customer and underwriting checks on each studio. Each studio is onboarded as a sub-merchant with its own Finix merchant identifier and is the merchant-of-record (“MoR”) for the classes, packages, and other goods or services it sells through the Service.

As MoR, each studio is responsible for: setting refund and cancellation policies for its own offerings, resolving customer disputes including chargebacks, providing tax invoices where required, and complying with applicable consumer-protection and tax laws in its jurisdiction.

Subscriptions, fees, and billing

• Paid subscription plans renew automatically until you cancel.
• Pelagio charges a platform fee of 1% on payments processed through the Service, in addition to Finix processing fees passed through at cost.
• You can cancel any time; access continues until the end of the current billing period.
• Fees already paid for subscription periods are non-refundable except where required by law or under the money-back guarantee below.
• Platform fees and processing fees on transactions already settled to a studio’s bank account are not refundable under the subscription money-back guarantee.

90-day subscription money-back guarantee

New paid subscriptions to Pelagio include a 90-day money-back guarantee. If you cancel within 90 days of your first paid charge and request a refund at billing@pelagioapp.com, we will refund the subscription fees you paid to Pelagio. The guarantee does not apply to: (a) platform fees or processing fees on transactions you have already accepted from your customers; (b) renewals after the initial 90-day window; or (c) accounts terminated by Pelagio for violation of these Terms.

Refunds, chargebacks, and disputes

Refunds and chargebacks on payments your studio accepts from its customers are your responsibility as merchant-of-record. Pelagio provides tools to issue refunds and respond to disputes through the Service, but the financial responsibility, including any reserves Finix may require, sits with the studio.

Taxes

Each studio is responsible for tax determinations on the classes, packages, and other items it sells through the Service. Pelagio may, where required by applicable marketplace-facilitator law (including California Revenue and Taxation Code §6041 et seq. as it may apply), collect and remit sales or similar taxes on certain transactions. Studios are responsible for providing accurate tax classification information and for any income, business, or other taxes on amounts they receive. Final tax position should be reviewed with the studio’s own tax counsel.

Your content and data

You retain all rights in the data you put into the Service (“Customer Data”). You grant Pelagio the limited, worldwide, non-exclusive license needed to host, process, and display Customer Data solely to provide and improve the Service. You can export Customer Data at any time by contacting privacy@pelagioapp.com; on termination we retain Customer Data per our retention schedule in the Privacy Policy.

Studio agreements

Studios accepting payments through the Service are also subject to the Studio Master Services Agreement, the Data Processing Agreement, the Acceptable Use Policy, and the Service Level Agreement, each available from our legal pages. In the event of conflict, the studio-specific documents control over these Terms for matters they address.

Acceptable use

Do not misuse the Service, attempt to disrupt or circumvent it, infringe others’ rights, or use it to sell goods or services prohibited under our Acceptable Use Policy.

Confidentiality and feedback

Each party will protect the other’s confidential information with reasonable care and use it only for the purpose of these Terms. You grant Pelagio a perpetual, royalty-free license to use any feedback or suggestions you provide to improve the Service.

Warranty disclaimer

The Service is provided “as is” and “as available” to the fullest extent permitted by law. Pelagio disclaims all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.

Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Each party’s aggregate liability arising out of or relating to these Terms will not exceed the amounts you paid Pelagio in the 12 months immediately preceding the event giving rise to the claim. These limits apply even if a remedy fails of its essential purpose.

Indemnification

You will defend and indemnify Pelagio from third-party claims arising out of (a) your Customer Data; (b) your use of the Service in violation of these Terms or applicable law; or (c) your responsibilities as merchant-of-record, including refund, chargeback, and tax obligations. Pelagio will defend you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a third party’s intellectual-property rights.

Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, for any dispute not subject to arbitration below.

Arbitration and class-action waiver

Any dispute that cannot be resolved informally will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, in San Francisco, California. You and Pelagio each waive any right to a jury trial and to participate in a class, collective, or representative action, to the maximum extent permitted by law. Either party may bring small-claims actions in a court of competent jurisdiction. You may opt out of this arbitration agreement within 30 days of accepting these Terms by emailing legal@pelagioapp.com.

California Civil Code §1542 waiver

Where a release of claims under these Terms applies to a California resident, the parties waive California Civil Code §1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Changes to these Terms

We may update these Terms or the Service from time to time. For material changes, we will give at least 30 days’ notice by email to your account address or in-product notice before the change takes effect. Continued use after the effective date constitutes acceptance.

Termination

Either party may terminate these Terms for material breach not cured within 30 days of notice. We may suspend or terminate immediately for security, legal, or platform-integrity reasons. On termination, your right to use the Service ends, and the sections of these Terms that by their nature should survive will survive.

Contact

Questions about these Terms? Email legal@pelagioapp.com.