These Terms & Conditions ("Terms") are an agreement between FitWorksApp LLC, a South Carolina limited liability company ("FitWorks", "we", "us"), and the gym, studio or other business that signs up for FitWorks ("you", "your gym"). By creating an account or using the FitWorks software (the "Service"), you agree to these Terms. If you sign up on behalf of a business, you confirm you have authority to bind that business.
1. The Service
FitWorks is software for running a fitness business: class schedules and bookings, member records, digital waivers, invoices, payment processing through your own Stripe account, coach management and email reminders. FitWorks does not track workouts or health activity. We may add, change or remove features over time.
2. Who can use FitWorks
The Service is for businesses, not consumers. You must be at least 18 and able to enter a binding contract. You are responsible for everyone you give access to your account, including staff and coaches, and for keeping logins secure. Tell us right away at support@fitworksapp.com if you think your account has been accessed without permission.
3. Subscription and billing
- FitWorks is billed monthly, in advance, to the card on file. There is no free trial: billing starts the day your subscription starts.
- Your subscription renews automatically each month until you cancel.
- Prices are shown at signup. We may change prices with at least 30 days' notice by email; the new price applies from your next billing date after that notice. A price promised to you in writing at signup (such as a founding-member rate) is honored as written.
- If a payment fails, we will retry it and email you. If it is still unpaid after 14 days, we may suspend your account until it is paid.
- Fees do not include taxes. You are responsible for any sales or use taxes that apply.
4. Cancellation and refunds
You can cancel anytime from your account settings or by emailing support@fitworksapp.com. Cancellation takes effect at the end of your current billing month, and you keep access until then. Fees already paid are not refunded, as explained in our Refund Policy.
5. Payments to your gym
Your members pay you through your own Stripe account, which you connect to FitWorks. Money from your members goes to your Stripe account, not to FitWorks.
- Your use of Stripe is governed by Stripe's own agreements, including the Stripe Connected Account Agreement. FitWorks is not a bank, payment processor or money transmitter, and is not a party to payments between you and your members.
- You are responsible for your prices, your membership terms, refunds and disputes with your members, chargebacks, and any fees Stripe charges you.
- We are not responsible for Stripe outages, holds, reserves or account closures.
6. Your data and your members' data
- You own the data you and your members put into FitWorks ("Customer Data"), including member names, contact details, bookings, payment records and signed waivers.
- You give us permission to store, process and display Customer Data only to run the Service for you, keep it secure, provide support and meet legal duties. We do not sell Customer Data.
- You confirm you have the right to collect your members' information and to upload it to FitWorks, including any member list you import, and that you have given any notices and obtained any consents the law requires.
- If you enroll anyone under 18, you are responsible for getting a parent or guardian's consent.
- Our Privacy Policy explains how we handle data.
7. Waivers
FitWorks lets members sign your waiver digitally. You are responsible for what your waiver says and whether it is enforceable where you operate. FitWorks does not provide legal advice and does not guarantee that any waiver will protect you from liability. Have your waiver reviewed by a lawyer licensed in your state.
8. Emails to your members
FitWorks sends reminders and follow-ups to your members by email on your behalf. You are responsible for the content of messages you send and for following email marketing laws, including the CAN-SPAM Act. Do not use FitWorks to email people who have not given you their address or who have asked you to stop.
9. Acceptable use
You agree not to:
- break any law or anyone else's rights while using the Service;
- upload malicious code, or try to break, overload or get around the security of the Service;
- copy, resell, reverse engineer or build a competing product from the Service;
- use the Service to send spam or harass anyone;
- share your account with another business.
10. Our property
FitWorks, its software, design and brand belong to FitWorksApp LLC. These Terms give you a right to use the Service while your subscription is active; they do not transfer ownership. If you send us suggestions, we may use them without owing you anything.
11. Third-party services
The Service connects to services we do not control, such as Stripe and email providers. Their terms and privacy policies apply to your use of them, and we are not responsible for them.
12. Suspension and termination
We may suspend or end your access if you break these Terms, fail to pay, or use the Service in a way that could harm FitWorks, other customers or the public. Where we reasonably can, we will warn you first and give you a chance to fix it.
After your account closes, you can request an export of your member list for 30 days. After that, we delete Customer Data from our active systems, except what the law requires us to keep. Backups are overwritten on their normal schedule.
13. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including fitness for a particular purpose and uninterrupted or error-free operation. See our Disclaimer for more.
14. Limitation of liability
To the fullest extent the law allows:
- FitWorks is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, members or data.
- FitWorks' total liability for any claim relating to the Service is limited to the fees you paid FitWorks in the 12 months before the event that caused the claim.
Some laws do not allow these limits, so they apply only as far as the law permits.
15. Your responsibility for claims
You agree to defend and hold FitWorks harmless from claims brought by your members, staff or others that arise from your business, your classes and facilities, injuries at your gym, your waivers, your Customer Data, your messages to members, or your breach of these Terms or the law.
16. Governing law
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict-of-laws rules. Any dispute will be handled in the state or federal courts located in South Carolina, and you agree to their jurisdiction. Either of us may bring a claim in small claims court if it qualifies.
17. Changes to these Terms
We may update these Terms. For a material change, we will email you at least 30 days before it takes effect. Continuing to use the Service after that date means you accept the updated Terms.
18. General
These Terms, the Privacy Policy, the Disclaimer and the Refund Policy are the whole agreement between us about the Service. If any part is found unenforceable, the rest stays in effect. You may not transfer these Terms without our written consent; we may transfer them as part of a sale or reorganization of our business. Neither of us is responsible for delays caused by events outside reasonable control.
19. Contact
FitWorksApp LLC