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Effective Date: July 28, 2025
These Corporate Wellness Program Terms of Service (“Terms”) form the basis of the legally binding contract between you, the Client, and us, Ontop Group, in relation to your use of the Program. The “Program” refers to the corporate wellness program operated by ClassPass, LLC, and made available to you, the Client, through Ontop IC Operations LLC (“Ontop”) pursuant to these Terms and the relevant fee for such Program stated on the Platform (the “Fee” and collectively, and together with the Terms, the “Agreement”). These Terms facilitate access to such Program by certain individuals designated by the Client in accordance with the terms herein.
Please read carefully. By accessing or using the Program, you agree to be bound by these Terms. If you do not agree to these Terms, you may not participate in the Program.
1. Purpose
Ontop, as a corporate partner of ClassPass LLC (the “ClassPass”), offers access to the Program to its Clients and designated participants (the "Workers", "Offerees", or “Participants”). This Agreement governs the Client’s use of the Program as facilitated by Ontop.
Section 2. Other Terms Applicable to You
2.1 ClassPass Corporate Wellness Program Terms and Conditions. By entering this Agreement, Client acknowledges and agrees that:
2.2 Client General Terms and Conditions. The Client General Terms and Conditions, available at https://www.getontop.com/legal/ontop-platform-b2b-general-terms-and-conditions (“Client T&Cs”) as amended from time to time, are incorporated by reference herein. Any capitalized terms that are not defined by these Terms will have the meanings ascribed to them in the Client T&Cs. Any matter not governed and/or regulated under these Terms will be subject to the Client T&Cs. In the event of any conflict or discrepancy between these Terms and the Client T&Cs, the Client T&Cs will prevail.
2.3 Privacy and Data Sharing. Client consents to the sharing of any personal or business information (including Client representative and Participant information) with ClassPass as required to enable access to the Program. All data is treated in accordance with Ontop’s Privacy Policy, available at https://www.getontop.com/legal/privacy-policy, as amended from time to time, and is incorporated by reference herein.
3. Program Participation, Eligibility, and Use
3.1 Client Responsibilities.
Client is responsible for all activity occurring under or relating to its Ontop account and any Client-related use of the Program. Ontop may terminate Client's access to the Program at any time for violations of ClassPass Terms or these Terms. In order to be eligible, Clients must not be current customers or prospective customers of ClassPass at the time of designation.
3.2 Participant Access.
Participants are Workers who (i) are authorized by the Client to access to the Program, or (ii) if available, voluntarily enroll in the Program without Client designation by submitting the participation form available at https://tally.so/r/mZrWDe (the “Participation Form”). All Participants access the Program through the unique landing page and code provided by ClassPass. Participant enrollment may occur either (i) through the Client’s nomination and enrollment in the Program; or (ii) if available, through voluntary esubmission of the Participation Form. In both cases, enrollement is subject to approval by ClassPass and Ontop, each acting in its sole discretion. For Client-sponsored Participants, access to the Program is initiated only after the Client pays a fixed monthly subsidy corresponding to a pre-selected plan tier available under the Program. Upon successful enrollment, the Participant may, at their sole discretion, purchase additional credits directly from ClassPass, in accordance with the ClassPass Terms and pricing displayed on the designated landing page. Ontop bears no responsibility for any additional purchases made by the Participant, nor for the availability or pricing of any such optional upgrades. By volunteering to enroll in the Program without Client’s designation, Participants are solely responsible for paying the fees specified in the Participation Form directly to Ontop. In both cases, such payment shall be non-cancelable and non-refundable..
3.2.1 Participant Eligibility and Designation. Each Participant must (i) either (a) be duly designated by the Client in accordance with the procedures established by Ontop and ClassPass; or (b) if available, voluntarily enroll in the Program by submitting the Participation Form; (ii) not to be a current or prospective customer of ClassPass or the Program; and (iii) be approved by ClassPass at its sole discretion. ClassPass retains the right to reject or remove any Participant from the Program at any time and for any reason, including but not limited to ineligibility or breach of applicable terms.
3.3 Obligations and Restrictions. Each Participant shall be bound by the ClassPass Terms, as amended from time to time. Ontop and ClassPass shall not be liable for any misconduct, misuse, or unauthorized access committed by any Participant. The Client is solely responsible for ensuring that each of its Participants complies fully with the applicable Program rules, this Agreement, and the ClassPass Terms. Client shall further indemnify Ontop in the event of any breach, claim, or liability arising from or relating to any action or omission by any Participant.
3.4 Third-Party Offerings. Use of ClassPass may involve third-party applications, sites, and services ("Third-Party Offerings") governed by separate terms and policies. ClassPass disclaims liability for Third-Party Offerings. Use is at the Client’s and Participants’ own risk. Ontop shall not be liable for any use of the Third-Party Offerings selected by the Clients. Clients shall be solely responsible for paying for all the costs and fees related to the Third-Party Offerings. Such costs and fees related to Third-Party Offerings may be payable to Ontop, as set forth in Section 4.1 of these Terms.
4. Fees and Payment Terms
4.1 Fees. Client shall pay Ontop the applicable fees for the Program, as displayed on Ontop's Platform or otherwise communicated in writing.
4.2 Modifications. Ontop may, at its sole discretion, modify the applicable fees, the amount of credits included in the Program, or any other financial or service-related terms at any time, upon prior notice. Such modifications shall apply prospectively and will not affect any amounts already paid for the current billing period. If you are participating through the Participation Form, continued participation after notice of such modifications will constitute your acceptance of the updated terms.
4.3 Invoicing. Ontop will issue invoices on a monthly basis, and such fees will be included in the same invoices issued for Ontop Fees. All fees are non-cancelable, non-refundable, and due within 30 calendar days of invoice issuance.
5. Beta Disclaimer
The Program is made available as part of a beta test and is provided "as is" for evaluation purposes only. Ontop makes no guarantees regarding its availability, reliability, or performance. Ontop may modify, suspend, or discontinue this feature at any time without prior notice. This clause is subject to Ontop’s Section 3.7 of the Client T&Cs.
6. Liability
6.1. Scope of Liability. This Agreement governs the Program made available by the Client to its designated Participants through Ontop’s facilitation of access to the ClassPass Corporate Wellness Program. Ontop is not a party to, and disclaims any involvement in, any relationship or transaction between (i) the Client and any Participant, (ii) the Client and ClassPass, or (iii) any Participant and ClassPass. Ontop disclaims all responsibility or liability for the performance, availability, accuracy, quality, legality, compliance, or security of the Program or any underlying ClassPass services. Ontop does not control, manage, endorse, or provide support for the Program or any services offered by ClassPass. The Client acknowledges and agrees that it shall assume full, sole, and unrestricted liability for all obligations arising from or related to the Program and its offer to Participants, including, without limitation, compliance with applicable laws, Participant support and communications, tax collection and remittance, resolution of disputes, and financial or operational matters. Accordingly, Ontop shall have no liability of any kind to the Client or any Participant under this Agreement, whether in contract, tort, statute, or otherwise.
6.2. Limitation of Liability. To the fullest extent permitted by law, Ontop shall not be liable to the Client, any Participant, or any third party for any damages, losses, costs, or liabilities arising out of or relating to this Agreement or the Program, whether based on contract, tort (including negligence), statute, or any other legal theory. Ontop’s total cumulative liability under or in connection with this Agreement shall not exceed zero U.S. Dollars ($0.00).
7. Indemnification
The Client shall defend, indemnify, and hold harmless Ontop, its affiliates, parent companies, officers, employees, agents, suppliers, and contractors (collectively, the “Released Parties”) from and against any claims, damages, losses, or expenses, including reasonable attorney fees, arising from or related to:(i) the Client’s or any Participant’s use of or access to the Program; (ii) any breach of the ClassPass Terms or Ontop Terms by the Client or any Participant; (iii) any claim by, or relating to, a Participant alleging that an employment relationship exists between such Participant and Ontop, regardless of the nature or basis of such claim; and (iv) any personal injury, property damage, loss, or other harm arising out of or in connection with the Program. Participation in the Program constitutes a release of Ontop and the Released Parties from any liability related to the Client’s or any Participant’s use or misuse of the Program, including without limitation any alleged or actual damages, injuries, or other losses arising in connection with services provided by ClassPass.
8. Acceptance
By clicking “Accept” or “Confirm” (or a similar confirmation button), or submitting your consent through the designated participation form (available at https://tally.so/r/mZrWDe) you acknowledge and confirm that:
