These Terms of Service ("Terms") govern your use of theshapecommunity.com and related services (together, "Shape"). "We," "our," or "Shape" refers to the entity operating this platform. By creating an account or using Shape, you agree to these Terms and to our Privacy Policy.
Please read Section 11 carefully — it requires disputes to be resolved by individual arbitration rather than a court or class action.
Acceptance & eligibility
By using Shape you represent that (a) you are at least 18 years old, (b) you have the legal capacity to enter into a binding contract, and (c) you are not prohibited from using Shape under the laws of your jurisdiction. If you use Shape on behalf of a business, you represent that you are authorized to bind that business to these Terms. Shape is for adults only — we verify age with a neutral date-of-birth check at sign-up (being rolled out) and will close any account we learn belongs to someone under 18.
Accounts
- One account per person; duplicates may be removed.
- You must provide accurate information and keep it current.
- You are responsible for activity that occurs under your account and for keeping your credentials secure.
- Notify us immediately at info@theshapecommunity.com if you suspect unauthorized access.
- A user may hold more than one role (e.g., both client and trainer). Each role is governed by the section of these Terms that applies to it.
Memberships, subscriptions & payments
Client membership. Shape's core membership is $5.00 USD per month, billed monthly through Stripe. The $5 grants access to the platform, marketplace, and Shape Radio. Sales tax is added where applicable.
Coach subscriptions & one-off purchases. You may separately subscribe to a trainer or nutritionist at the rate they set, or buy individual sessions, programs, or meal plans. Those rates are set and charged by the coach — Shape is the marketplace, not the counterparty to that service.
Auto-renewal. Subscriptions auto-renew monthly until you cancel. Cancelling stops future renewals; access continues through the end of the period you've already paid for. You can cancel at any time from your account settings.
Refunds. Payments are generally non-refundable. We may issue refunds at our sole discretion when there's been a clear service failure (e.g., a coach never responded). Requests: info@theshapecommunity.com.
Failed payments. If a charge is declined we may pause access until payment succeeds. After 30 days of unresolved non-payment we may cancel the subscription.
Payment processor. Stripe, Inc. handles card processing subject to Stripe's Services Agreement. Shape receives only limited billing metadata (last four digits, brand, result); we never store or transmit full card numbers.
Price changes. We'll give at least 30 days' notice before changing the price of any active subscription; you may cancel before the new price takes effect.
Coaches (trainers & nutritionists)
Independent contractor. Coaches who provide services through Shape are independent contractors, not employees, partners, or agents of Shape. You retain full ownership of your brand, methodology, programs, and client relationships.
Platform fee. Shape takes a 15% platform fee on gross revenue from every client subscription or purchase you receive through the platform. Standard Stripe card-processing fees are deducted separately from the net amount. Payouts to your connected Stripe account follow the payout schedule you configure.
Credentials. You represent that you hold the licenses and certifications you claim (e.g., NASM, ACE, CSCS, RD, RDN, CNS) and will keep them current while active on Shape. We may request verification at any time.
Scope of practice. You agree to work only within the scope your credential allows. Nutritionists practicing medical nutrition therapy must hold the appropriate state/national license.
Service quality. You are solely responsible for the services you deliver — programming, advice, communication, and timeliness. Shape is not a party to the coach-client contract and does not supervise or direct the services.
Taxes. You are responsible for all taxes on the income you earn through Shape. Shape issues 1099-K or similar tax documents through Stripe where required by law.
Non-circumvention. You may not encourage subscribers to move their payments off-platform to avoid the platform fee while still using Shape's tools to deliver the service.
Removal. We may suspend or remove your profile for repeated complaints, credential fraud, scope-of-practice violations, prohibited conduct, or material breach of these Terms.
Client data & confidentiality. When a client works with a coach, the coach receives the client information needed to deliver coaching — including goals, training and nutrition data, and the client's health-and-readiness screening (injuries, conditions, prescription medications, allergies, pregnancy status, emergency contact). A coach is an independent recipient and controller of the client data shared with them: they must keep it confidential, use it only to provide their services, retain it no longer than needed, comply with all privacy and other laws applicable to their practice, and honor a client's privacy requests. Coaches may not sell, publish, or repurpose client data. Misusing client data is grounds for removal from the platform.
Content & conduct
You retain ownership of content you upload (programs, meal plans, messages, bios, media). You grant Shape a worldwide, non-exclusive, royalty-free license to host, display, and transmit that content solely to operate and improve the service. This license ends when you delete the content or close your account, except to the extent other users have already received it (e.g., a program a client downloaded).
You agree not to:
- Post false, misleading, defamatory, threatening, or harassing content.
- Violate anyone's intellectual property or privacy rights.
- Upload malware, viruses, or attempt to disrupt the platform.
- Scrape, reverse-engineer, or use automated tools against Shape without written permission.
- Impersonate another person or misrepresent your affiliation.
- Use Shape for any unlawful purpose, including the promotion of prescription medications or controlled substances.
- Attempt to access accounts, data, or systems you aren't authorized to access.
These conduct rules are expanded in our Code of Conduct, which forms part of these Terms and sets out how we report, review, and enforce them.
Shape Score & rewards
Shape Score points are earned through qualifying platform activity and may be redeemed for rewards in the Shape Store. Points (a) have no cash value, (b) are not transferable, (c) expire if your account is inactive for 12 months, and (d) may be adjusted or revoked if we find fraudulent activity. We may modify the program, point values, or redemption options at any time; any unredeemed points at the time of a change carry over under the then-current rules. Because points are earned partly in connection with activity, this program may be treated as a "financial incentive" under California law — see the Notice of Financial Incentive in our Privacy Policy. Participation is voluntary, you can opt out at any time, and declining does not affect the paid service.
Intellectual property
Shape, the Shape logo, and the look-and-feel of the platform are Shape's intellectual property. Nothing in these Terms gives you a right to use them except as expressly allowed.
If you believe content on Shape infringes your copyright, send a notice compliant with the DMCA to info@theshapecommunity.com. We follow a repeat-infringer policy and will disable accounts who repeatedly infringe.
Music & audio. Shape integrates with third-party music services (currently Spotify). Coach playlists and "soundtracks," and any tracks surfaced in Shape Radio, play through your own connected music account under that provider's license to you. Shape does not host, stream, or supply the underlying sound recordings and grants you no rights in any music or audio; your use of a connected music service is governed by that service's own terms (for example, Spotify's Terms of Use). Coaches who create and share playlists are responsible for ensuring their use complies with the relevant provider's terms.
Medical & fitness disclaimers
Shape is not a medical service. Content on Shape — including programs, meal plans, coach communications, and AI-generated suggestions — is for informational and educational purposes only. It is not medical advice, diagnosis, or treatment and should not replace consultation with a licensed physician, registered dietitian, physical therapist, or mental health professional.
Consult a physician before starting. Exercise and dietary changes carry inherent risk. Consult your healthcare provider before starting any program offered through Shape, especially if you have a pre-existing condition, are pregnant, or are taking medication.
Assumption of risk. You participate in any activity programmed through Shape voluntarily and at your own risk. You are responsible for using proper form, appropriate weights, and suitable equipment, and for stopping activity if you feel pain, dizziness, or discomfort.
Individual coaches. Shape does not guarantee the quality, accuracy, or safety of content created by individual coaches. Coaches are independent professionals — review credentials, reviews, and intro sessions before committing. Unless a coach displays a Verified badge, the credentials and certifications shown on a coach's profile are self-reported and have not been independently verified by Shape.
Health information. Any health or screening information you provide (such as PAR-Q answers, injuries, or medications) is used to help your coach work with you more safely; it does not create a provider–patient relationship and is not medical advice. By sharing it you consent to it being made available to the coach(es) you link with. How we store and protect this data is described in our Privacy Policy and on our Data & Compliance page. Always consult a qualified physician before starting any exercise or nutrition program.
Limitation of liability
To the fullest extent permitted by law, Shape and its officers, employees, and affiliates are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, lost goodwill, or personal injury, arising from or related to these Terms or your use of Shape, even if advised of the possibility.
Our total cumulative liability for any claim arising from these Terms or your use of Shape will not exceed the greater of (a) the amount you paid Shape in the 12 months before the claim arose, or (b) $100 USD.
Some jurisdictions do not allow these limitations; in those cases our liability is limited to the minimum the law allows.
Indemnification
You agree to defend, indemnify, and hold Shape harmless from any claim, damage, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of (a) your use of Shape, (b) your violation of these Terms, (c) your violation of any law or third-party right, (d) any content you submit, or (e) your coaching services (if you're a coach).
Dispute resolution & arbitration
Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.
Informal resolution first. Before filing a claim, email us at info@theshapecommunity.com describing the dispute. We'll try to resolve it within 60 days.
Binding arbitration. If we can't resolve it informally, you and Shape agree to resolve any dispute arising from these Terms or your use of Shape through final, binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration will be held in the U.S. state where you reside, or by videoconference, at your option.
No class actions. You and Shape agree that any dispute will be brought in an individual capacity only and not as part of a class or representative action.
Exceptions. Either party may bring small-claims court actions, and either party may seek injunctive relief in court to protect intellectual property rights.
Opt out. You can opt out of arbitration by emailing info@theshapecommunity.com within 30 days of first accepting these Terms with the subject line "Arbitration Opt-Out" and your account email.
Termination
Your right to leave. You may close your account at any time from settings or by contacting support. Active subscriptions cancel at the end of the current billing period.
Shape's right to remove accounts. Shape may suspend, restrict, or permanently remove any client, trainer, nutritionist, or other user from the platform — immediately and without refund — for conduct including but not limited to:
- Material breach of these Terms, the Privacy Policy, or the code of conduct.
- Fraudulent payments, stolen credentials, chargebacks without basis, or payment evasion.
- Providing false, misleading, or unverifiable credentials, qualifications, or license information (coaches).
- Practicing outside the scope of a coach's legal credential, or continuing to practice after a credential has expired, been revoked, or been suspended.
- Harassment, threats, abusive language, hate speech, stalking, or unwelcome sexual conduct toward any user.
- Illegal activity of any kind, including the promotion or sale of controlled substances, prescription medications, banned performance-enhancing drugs, or other contraband.
- Uploading or distributing content that infringes another person's intellectual property, privacy, or publicity rights.
- Impersonation of another person, business, or Shape representative.
- Repeated, substantiated complaints from other users regarding service quality, professionalism, or safety.
- No-show patterns, ghosting clients, or chronic failure to deliver the services advertised (coaches).
- Attempting to solicit clients off-platform to avoid the platform fee while continuing to use Shape's tools, communications, or data.
- Attempting to disrupt, reverse-engineer, scrape, or otherwise compromise the security of the platform.
- Any conduct that endangers the health or safety of another user.
- A legal requirement, court order, regulator request, or cooperation with a law-enforcement investigation.
How enforcement usually works. Most issues don't end with a removed account. We believe in fairness and proportionality, so our normal response escalates in steps — and how far it goes depends on how serious the conduct is and whether it's happened before:
- Warning. A first or minor issue usually gets a notice explaining what went wrong and a chance to fix it.
- Temporary suspension or restriction. If it continues, isn't corrected, or is more serious, we may temporarily suspend the account or limit certain features (for example, messaging, the social feed, the marketplace, or payouts).
- Permanent removal. For repeated, unresolved, or serious violations, we may permanently remove the account.
We aim to match the response to the conduct — a one-off mistake is treated differently than a deliberate or repeated one. The steps above are our usual path, not a guarantee: where practical we'll give notice and a chance to respond, but where the conduct is serious we may move straight to suspension or permanent removal without a prior warning (see below).
Zero tolerance — immediate removal. Some conduct is serious enough that we may permanently remove an account right away, with no prior warning and no refund. This fast-track applies to the most harmful violations, including:
- Threats, violence, or incitement of violence against any person.
- Sexual misconduct, sexual exploitation, or any unwelcome sexual conduct, and any sexual content or contact involving a minor.
- Fraud, including fraudulent payments, stolen credentials, chargeback abuse, or payment evasion.
- Illegal activity, including the sale or promotion of controlled substances, prescription medications, or banned performance-enhancing drugs.
- Conduct that endangers the health or safety of another user.
- Falsified, forged, or seriously misrepresented coach credentials, qualifications, licensure, or insurance.
- Serious security abuse — hacking, unauthorized access to accounts or data, large-scale scraping, or attempts to compromise the platform.
This list illustrates the kind of conduct that triggers immediate removal; it isn't exhaustive, and we may act immediately whenever a violation is severe or puts someone at risk.
Coaches are held to a higher bar. Trainers and nutritionists carry professional responsibilities to the clients who pay them. On top of everything above, we expect coaches to keep their credentials, licensure, and insurance current and accurate, to practice only within the scope of those credentials, to put client safety first, to deliver the services they advertise, and not to solicit clients off-platform to dodge the platform fee. Falling short can lead to suspension or removal as set out here and in the Code of Conduct.
No coming back under a new name. If your account is permanently removed, you may not create a new account or use someone else's account, identity, or payment method to get back onto Shape or to evade the removal. Attempting to do so is itself grounds for immediate removal of any account involved. To enforce this, we may use the account information you provided — such as your email and payment details — to detect and block ban evasion.
The Code of Conduct. The standards every member and coach agrees to follow — and how to report a problem — live in our Code of Conduct, which forms part of these Terms.
Effect of removal. On termination: your right to use Shape ends, active subscriptions cancel, earned but unpaid coach payouts are processed on the normal schedule minus any amount owed back to Shape or to clients as refunds, and the sections of these Terms that by their nature should survive (payment obligations, IP, disclaimers, liability, indemnity, dispute resolution) remain in effect.
Appeal. If you believe an account action was made in error, email info@theshapecommunity.com within 30 days for review.
Changes to these terms
We may update these Terms from time to time. Material changes will be announced via email or in-app notice at least 14 days before taking effect. The "Last updated" date at the top of this page always reflects the current version. If you don't agree with a change, your remedy is to stop using Shape before the change takes effect.
Contact
Questions? Email info@theshapecommunity.com or use the contact page.
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