Terms of Service

Last updated: June 29, 2026

Contents

1. Acceptance of These Terms

2. Eligibility and Building Access Codes

3. Your Account

4. Services, Bookings, and Providers

5. Payments, Fees, and Taxes

6. Cancellations, Refunds, and No-Shows

7. Health, Safety, and Assumption of Risk

8. Acceptable Use and Conduct

9. Intellectual Property

10. Your Content and Feedback

11. Privacy

12. Third-Party Services and Links

13. Disclaimers

14. Limitation of Liability

15. Indemnification

16. Suspension and Termination

17. Changes to These Terms

18. Governing Law and Dispute Resolution

19. General Terms

20. Contact Us

1. Acceptance of These Terms

These Terms of Service (the “Terms”) govern your access to and use of the mobile application, website, and related services (collectively, the “Service”) operated by Elite Amenity Management (“we,” “us,” or “our”) in connection with our mobile application, Elite Lifestyle. The Service allows residents of participating buildings to discover, book, and pay for on-site amenities and services such as personal training, massage therapy, and group classes.

By creating an account, entering a building access code, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old to create an account and book services. If you are under 18, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. Certain services may have their own minimum-age or supervision requirements set by Elite Amenity Management or the service provider.

2. Eligibility and Building Access Codes

Access to the Service is limited to residents and authorized occupants of buildings that participate in our program. The Service is offered across a portfolio of participating residential buildings in multiple locations, and is not tied to any single building or location. To register, you must enter a valid building access code provided by your property management or by us.

You agree that:

• The building access code is for your personal use as a resident or authorized occupant of that building and may not be shared, sold, or transferred to anyone else.

• You will provide accurate, current, and complete information when registering, and keep it up to date.

• We may suspend or revoke your access if you cease to be a resident or authorized occupant of a participating building, or if a code is misused.

We may add, change, or remove participating buildings, and may deactivate access codes, at any time. Participation by your building is also subject to the agreement between us and your building’s property manager or owner, which varies by building. If your building stops participating, your access to the Service may end.

3. Your Account

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly if you suspect any unauthorized use. We are not liable for losses arising from your failure to keep your credentials secure.

You may not impersonate any person, create an account on behalf of someone else without authorization, or use another resident’s account.

4. Services, Bookings, and Providers

Through the Service you can book sessions and classes, including personal training, massage therapy, and other wellness or fitness offerings (collectively, “Services”). Some Services are provided directly by us and some are provided by independent third-party professionals and instructors (“Providers”), such as licensed massage therapists and certified trainers engaged through Elite Amenity Management.

A booking is confirmed only when you receive confirmation through the Service. We do not guarantee the availability of any particular Provider, class, time slot, or amenity, and offerings may change or be discontinued.

Where Services are delivered by independent Providers, those Providers are responsible for the professional services they perform. We do not control, and are not responsible for, the acts or omissions of independent Providers beyond what is required by applicable law.

5. Payments, Fees, and Taxes

Certain Services require payment. Prices are shown in the Service before you confirm a booking and are stated in U.S. dollars. Payments are processed by our third-party payment processor, Stripe. You may check out using a supported payment method, including credit or debit cards, Apple Pay, and Google Pay. By booking a paid Service, you authorize us and our payment processor to charge your selected payment method for the total amount shown, including any applicable taxes and fees.

You represent that you are authorized to use the payment method you provide. We do not store full payment card numbers; payment processing is handled by Stripe and, where applicable, by Apple Pay or Google Pay, each under its own terms and privacy policy.

We may offer prepaid packages or session credits. We do not offer memberships or automatically renewing subscriptions, and you will not be charged on a recurring basis; each purchase is a one-time charge. We may change prices on a going-forward basis, and such changes will not affect packages or credits you have already purchased.

6. Cancellations, Refunds, and No-Shows

Because Provider time is reserved for you, the following cancellation policy applies. You may cancel or reschedule a booking without charge up to 24 hours before the scheduled start time. Any cancellation made within 24 hours of the scheduled start time, or failure to attend (a “no-show”), is charged the full session fee and is non-refundable, as the Provider is compensated for the reserved time.

Prepaid packages and session credits are generally non-refundable. Refunds for unused prepaid sessions are considered only in limited circumstances, such as a resident moving out of a participating building, and are granted at our discretion. Unused prepaid sessions expire 12 months from the date of purchase. Except as required by applicable law or expressly stated, fees are non-refundable once a Service has been delivered.

7. Health, Safety, and Assumption of Risk

Important: Physical exercise, personal training, group fitness classes, and massage therapy involve inherent risks, including the risk of physical injury. By booking and participating in these Services, you acknowledge and voluntarily assume those risks.

You represent that you are in adequate physical condition to participate and have no medical condition that would make participation unsafe. We strongly recommend that you consult a physician before beginning any new fitness program or receiving massage therapy.

You agree to disclose relevant health information to your Provider when appropriate (for example, injuries, pregnancy, or medical conditions affecting massage), to follow the Provider’s reasonable instructions, and to stop and seek assistance if you experience pain, dizziness, or distress.

As a condition of using the Service, you are required to review and sign a liability waiver and release when you register. In addition, separate service-specific waivers, informed-consent forms, and health-intake or assessment forms are required before participating in certain Services, including massage therapy and personal training. These forms ask you to disclose relevant health information and to acknowledge and assume the risks of participation, and they release Elite Amenity Management and the participating Providers from liability for injuries or outcomes arising from your participation, to the fullest extent permitted by law.

You must complete and sign any required waiver or intake form, and provide accurate and complete health information, before participating. We and our Providers rely on the information you provide; failing to disclose relevant conditions may make participation unsafe. These forms supplement, and do not replace, these Terms, and remain in effect together with them.

8. Acceptable Use and Conduct

You agree to use the Service and attend Services lawfully and respectfully. You will not:

• Harass, threaten, or harm Providers, staff, other residents, or any other person.

• Use the Service for any unlawful, fraudulent, or abusive purpose, or to book Services for someone not authorized to use them.

• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its systems, or other users’ accounts.

• Engage in any conduct that is unsafe, or that violates building rules, facility rules, or Provider policies.

We may refuse, cancel, suspend, or terminate your access for conduct that violates these Terms or that we reasonably believe is harmful to others, the Service, or our business.

9. Intellectual Property

The Service, including its software, content, design, logos, and trademarks, is owned by Elite Amenity Management or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not copy, modify, distribute, reverse engineer, or create derivative works from the Service except as permitted by law.

10. Your Content and Feedback

If you submit reviews, ratings, messages, or other content through the Service, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute that content in connection with operating and promoting the Service. You are responsible for the content you submit and represent that you have the right to submit it. We may remove content that violates these Terms.

11. Privacy

Your use of the Service is subject to our Privacy Policy, available at https://eliteamenitymanagement.com/privacy-policy/, which describes how we collect, use, and share your information, including health-related information you provide in connection with Services. Please review it carefully.

12. Third-Party Services and Links

The Service may link to or rely on third-party services (such as payment processors and Providers). We are not responsible for third-party services or their content, and your use of them may be governed by their own terms and privacy policies.

13. Disclaimers

Except as expressly stated and to the fullest extent permitted by law, the Service and all Services are 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 the Service will be uninterrupted, error-free, or secure, or that any Provider, class, or amenity will meet your expectations. Nothing in the Service constitutes medical advice. We strongly recommend that you consult a physician before beginning any new fitness program or receiving massage therapy.

14. Limitation of Liability

To the fullest extent permitted by law, in no event shall Elite Amenity Management or its officers, employees, agents, partners, licensors or affiliates be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including, but not limited to damages for bodily injury or emotional distress, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from, arising out of or relating to: (i) your use or inability to use the Service or any Services, even if advised of the possibility of such damages; (ii) Statements or conduct of any third party on the Service; (iii) Any unauthorized access to or alteration of the Services or your data or transmissions.

Some jurisdictions do not allow certain exclusions or limitations of liability. Accordingly, some of the above limitations may not apply to you. Nothing in these Terms should be interpreted to exclude or limit liability in contradiction of applicable law (for example, gross negligence, fraud or willful misconduct).

To the fullest extent permitted by law, our total aggregate liability for all claims relating to the Service or any Services will not exceed the greater of (a) the total amount of fees actually paid by you for the Service during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) One Hundred U.S. Dollars ($100.00).

15. Indemnification

You agree to defend, indemnify and hold harmless Elite Amenity Management and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any rights of a third party, including without limitation any copyright, intellectual property, trade secret or privacy right; or (iv) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defense and indemnification obligations will survive the termination of this Agreement and your use of the Services.

16. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if your building stops participating, if you are no longer an authorized resident, or as needed to protect the Service or other users. Provisions that by their nature should survive termination (including payment obligations, disclaimers, limitations of liability, and indemnification) will survive.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by other reasonable means. Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms, the Service or Services, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. These Terms apply uniformly to all users regardless of the location of their building. Except to the extent where applicable law provides otherwise, any dispute, action, claim or proceeding arising out of or relating to these Terms, the Service or Services shall be brought exclusively in the state courts located in Queens County, New York. You irrevocably consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.

Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE OR SERVICES.

Class and Representative Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL CLAIMS, ACTIONS OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE OR SERVICES MUST BE BROUGHT SOLELY IN THE INDIVIDUAL CAPACITY OF THE PERSON ASSERTING THE CLAIM AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, MASS ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. YOU KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN OR RECOVER RELIEF THROUGH ANY SUCH PROCEEDING.

19. General Terms

These Terms, together with the Privacy Policy and any policies referenced here, are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

20. Contact Us

If you have questions about these Terms, contact us at:

ELITE AMENITY MANAGEMENT

141-07 20th Avenue, Suite 305

Whitestone, NY 11357

Email: [email protected]

Phone: (718) 746-3720