Fitness to the Beat Pty Ltd (ABN 51 684 028 886)
Effective: 1 December 2025

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of Mixtape Motion, including our on-demand workout library, livestream sessions, programs, challenges, the member dashboard, comments, and all related digital features (the “Services”).

By creating an account, starting a free trial, purchasing a membership, or accessing any part of the Services, you agree to be bound by these Terms.

These Terms should be read together with:

• our Privacy Policy
• our Website Terms

If you do not agree with these Terms, you must not use the Services.

Mixtape Motion currently provides Services to Australian customers only.

2. Who We Are

The Services are provided by:

Fitness to the Beat Pty Ltd (ABN 51 684 028 886)
Trading as Mixtape Motion
Sydney, NSW, Australia
Email: hello@mixtapemotion.com.au

3. Health, Safety & Personal Responsibility

3.1 General Safety Warning

Mixtape Motion provides general fitness information only.
We do not provide personalised training, physiotherapy, rehabilitation, or medical advice.

Exercise involves inherent risks. You participate entirely at your own risk.

3.2 Your Responsibilities

By using the Services, you confirm that you will:

• exercise within your personal limits;
• stop immediately if you feel faint, unwell, dizzy, or in pain;
• use safe equipment in a clear workout space;
• follow any guidance provided in the workouts;
• seek medical clearance if you have any injury, illness, or condition that may affect safe participation.

3.3 Health Screening

You may be asked to complete the Adult Pre-Exercise Screening System (APSS).
This is a self-assessment tool, which helps you reflect on your own readiness to exercise but does not replace medical advice.

 3.4 Injury, Risk & ACL Liability

Physical exercise carries inherent risks. By participating in Mixtape Motion workouts, livestreams and programs, you agree to:

• exercise within your personal limits;
• stop immediately if you feel unwell, dizzy, injured or in pain;
• ensure your space and equipment are safe; and
• seek medical clearance if required.

Mixtape Motion provides general fitness information only and does not provide personalised exercise, rehabilitation or medical advice.

To the fullest extent permitted by Australian Consumer Law (ACL), Mixtape Motion is not liable for injury, accidents, adverse health outcomes or damage arising from:

• unsafe exercise technique;
• failure to follow guidance;
• unsuitable exercise choices;
• hazards in your environment;
• misuse of equipment;

except where an injury is caused by our negligence.

Nothing in these Terms excludes, restricts or modifies your non-excludable rights under the ACL, including your right to services provided with due care and skill and reasonably fit for their intended purpose.

4. Eligibility, Purchasing & Account Use

4.1 Who Can Purchase a Membership

To purchase a membership, you must:

• be 18 years or older;
• reside in Australia;
• provide accurate billing and registration information.

4.2 Who Can Use the Services

• Users 18+ may use all digital Services.
• Users 16–17 may participate with parental permission and supervision.
• Users under 16 are not permitted.

4.3 Account Security

You are responsible for:

• Keeping your login details confidential
• Using a strong password
• Updating your information when needed.
• Ensuring devices and internet access are secure

4.4 Accuracy of Information

You must keep your account, health information, and payment details up to date.
Mixtape Motion may suspend access if information is incomplete or inaccurate.

4.5 Private Profiles

BuddyBoss profiles are private and visible only to you and administrators.
Private messaging between members is disabled

5. Memberships, Billing & Free Trials

5.1 Membership Types

Mixtape Motion may offer:

• Monthly membership
• Annual membership
• Program-specific access
• Free trials
• Future premium tiers

5.2 Payments

Payments are processed securely via MemberPress and its payment partners.
Mixtape Motion does not store full card details.

You authorise recurring billing.

5.3 Free Trials

• Limited to one per person
• If not cancelled before expiry, the membership will convert to paid automatically

5.4 Renewals

Memberships renew automatically unless cancelled.

5.5 Cancellations

You may cancel anytime through the Account page when logged in.
Access continues until the end of the paid period.
No refunds for unused time unless required by ACL.

5.6 Refunds

Refunds are provided only where required under the Australian Consumer Law.

5.7 Failed Payments

If payments fail, access may be suspended until resolved.

6. Licence & Use of Content

6.1 Licence Grant

We grant you a limited, revocable, non-exclusive, non-transferable licence to access the Services for personal, non-commercial use only.

6.2 Restrictions

You must not:

• Share your login or allow others to access your account
• Copy, record, download, redistribute, or reupload content
• Use content to train AI models
• Display content publicly or commercially
• Edit or alter any material
• Attempt to bypass security, restrictions, or user controls

6.3 Intellectual Property

All videos, audio, images, branding, choreography, programming, and written content are owned or licensed by Mixtape Motion.

7. Community Conduct

7.1 Expected Behaviour

Members must:

• act respectfully;
• use comments responsibly;
• follow platform rules.

7.2 Zero-Tolerance

Prohibited behaviour includes:

• Bullying, harassment, discrimination, hate speech
• Threatening or abusive conduct
• Uploading harmful, unlawful, or inappropriate content
• Attempting to access other users’ profiles
• Posting spam or malicious code

Mixtape Motion may moderate or remove content at its discretion.

Note: Mixtape Motion does not allow private messaging between members.

8. Livestreams, On-Demand Workouts & Programs

8.1 Livestreams

Schedules may change without notice.

8.2 On-Demand Workouts

Workouts may be updated, reorganised, replaced or removed.

8.3 Programs & Challenges

Additional terms may apply.
We may modify or discontinue programs at any time.

9. Service Availability & Technical Issues

We do not guarantee uninterrupted access.

Service interruptions may occur due to:

• Internet outages
• Device issues
• Platform outages (e.g., Vimeo)
• Maintenance
• Cybersecurity events
• Hosting or server disruptions

We are not liable for downtime outside our reasonable control.

10. Modifications to Services

We may modify, improve, or discontinue features at any time, including:

• Workouts
• Livestreams
• Member dashboard features
• Comments/community features
• Pricing or membership tiers
• Integrations

11. Changes to These Terms

We may update these Terms periodically.
Updates will be communicated via email, dashboard notices, or website posting.

Continued use of the Services means acceptance of updated Terms.

12. Consumer Rights (Australian Consumer Law)

Nothing in these Terms excludes or limits your non-waivable rights under the Australian Consumer Law (ACL).

This includes guarantees that services will be:

• Provided with due care and skill
• Fit for their intended purpose
• Supplied as described

Where we are permitted to limit liability, we do so to the extent allowed.

13. Termination & Suspension

Mixtape Motion may suspend or terminate your account if:

• You breach these Terms
• Payments fail
• You misuse the Services
• You behave in a harmful, unsafe, or inappropriate way
• You attempt to bypass access controls

You may cancel your membership anytime via the Account page when logged in.

14. Privacy & Cookies

Your personal information is handled according to our Privacy Policy.

The Site uses necessary cookies to function, and analytics cookies to understand usage trends.
Users can control cookie preferences in their browser settings, but disabling cookies may affect functionality.

15. Indemnity

You agree to indemnify Mixtape Motion against loss or damage arising from:

• Breach of these Terms
• Unsafe exercise practices
• Misuse of the Services
• Infringement of intellectual property rights

16. Force Majeure

We are not liable for delays or failures caused by events outside our reasonable control, including:

• Natural disasters
• Power outages
• Hosting failures
• Cyber incidents
• Government actions
• Third-party platform failures

17. Governing Law

These Terms are governed by the laws of New South Wales, Australia.
Any disputes will be handled in NSW courts.

18. Contact

Fitness to the Beat Pty Ltd
trading as Mixtape Motion
Sydney, NSW, Australia
Email: hello@mixtapemotion.com.au