©2021 FitPro Tracker
All rights reserved.
Last Modified: July 2024
This is a summary of our Terms of Service; please read the entire Terms of Service below.
These Terms of Service apply to https://fitprotracker.io and its affiliated subdomains (the “Site”) and our various websites, APIs, email notifications, documentation, software, products, licenses, or applications (collectively, the “Service”) that is owned and operated by Fit Pro Tracker, Inc., a Delaware corporation (“Fit Pro Tracker”, “we”, “our”, or “us”). The Service provides a platform to track and communicate with Leads and Members with texting and email. Fit Pro Tracker does not provide any equipment as part of the Service. Users may be (a) a franchisor, a company that buys Services to be used in numerous facilities (“Franchisor”), (b) a franchisee, any person or entity that executes a franchise agreement to own and operate a gym using the trademarks and proprietary knowledge of Franchisor (“Franchisee”), (c) Franchisor’s and Franchisee’s members, customers or clients who buy products or services and interact with the Services as Authorized Personnel (“Members”), or (d) a visitor to our Site and/or Services (collectively, “you”).
These Terms apply to your use of the Service, whether you’re a guest or a registered user. Please read the full Terms of Service below before accessing or browsing the Site or using our Services. If you don’t want to be bound by these Terms, do not use or browse our Site and/or Service. These Terms may change and your continued use after changes are made means you agree to be bound by the new terms.
You may need to create a user account to access parts of the Service. Your user account includes a password. Keep your password confidential. In some cases, you may choose to allow a trusted individual, such as a caretaker, parent, or adult child to access your account. You are still responsible for all use – and for any misuse – of your account.
Paid subscriptions remain in effect as long as the required payments are made on time and in full. Certain fees will not be refunded, pursuant to Account Holder’s policies. We may, but are not obligated to, cancel inactive or unpaid subscriptions.
Don’t violate our Terms of Service. Users who violate our Terms may be banned from using the Service. The Service contains proprietary and confidential information that is protected by a variety of copyright, trademark, or patent rights and/or registrations.
Your use of the Site and Services is at your own risk. We make every effort to make sure you have a good experience on our Service, but we can’t guarantee all content on our Service will always function without error. We make every effort to comply with local, state, and national laws and regulations, including applicable privacy laws. However, we can’t guarantee that your use of our Service complies with local, state, and national laws and regulations.
The Service may contain links and advertisements that may take you to other Services that are not affiliated with us. If you click on an advertisement or a link to another Service, you may leave the Service. We are not responsible for the content you see or the interactions you have on other Services and we are not liable for any damages or harms you may encounter on other Services.
If you have any questions about our Terms, contact us at [email protected].
THE FULL TERMS OF SERVICE – BELOW – CONTAIN VITALLY IMPORTANT LIMITATIONS ON OUR LIABILITY FOR YOUR USE OF https://fitprotracker.io/terms-of-service. PLEASE READ THEM CAREFULLY!
These Terms of Service are entered into by and between You and Fit Pro Tracker, Inc., a Delaware corporation (“Fit Pro Tracker” or “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service” or “Agreement”), govern your access to and use of the Service, including any related mobile application, content, functionality, and services, including compilation of utility records offered on or through https://fitprotracker.io or its related mobile application, whether as a guest or a registered user.
If you access or use the Services (defined below) in the capacity as an employee or other service provider of a legally recognized entity, you affirm you are authorized to do so and that you have the legal right and authority to bind such legal entity to these Terms. You may permit your employees, agents, or contractors (“Authorized Personnel”) to use the Services, provided that your Authorized Personnel comply with these Terms. You are responsible for the use and actions of your Authorized Personnel.
Please read the Terms of Service carefully before you start to use the Service. By (i) accessing, browsing, subscribing to, and using the Service; or (ii) by using the associated content, and any customizations made to the Services provided or offered by Company via the Service (collectively, the “Services”), you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by these Terms of Service, and to comply with all applicable laws and regulations. Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. By using the Site or Services, you accept and agree to be bound and abide by these Terms of Service, our Privacy Notice incorporated herein by reference (“Privacy Notice”), and our Record Retention Notice incorporated herein by reference (“Retention Notice”). If you do not want to agree to these Terms of Service, the Privacy Notice, or the Retention Notice, you must not access or use the Site or Services. If you do not agree to these terms, you must not access or use the Service or any of the Services.
IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE NOW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SERVICE, OR ANY SUBSCRIPTION, PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE, IS TO STOP USING THE SERVICE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SERVICE.
The date the Terms of Service was last revised is identified at the top of the page. If we make subsequent material changes to the Terms of Service, we will notify you by email to the email address specified in your account and/or through a notice on the Service home page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Service and these Terms of Service to check for any changes. Fit Pro Tracker reserves the right to update or change the Terms of Service, at any time and for any reason, by posting the modified Terms of Service on this Service.
The Service enables small gym owners to track and communicate with Leads and Members with texting and email. Fit Pro Tracker is in no way responsible for the accuracy or the adequacy of reviewed information.
You acknowledge that you are responsible for taking steps to protect yourself from unauthorized use of online communications, such as, among other things, keeping your password confidential. You agree, understand, and acknowledge that, in no event, shall you allow any unauthorized personnel to access the Service using your username and password. Fit Pro Tracker is not responsible for breaches of confidentiality caused by you or anyone accessing the Service using your username and password, whether authorized by you or not.
You agree to not use the Service to:
Fit Pro Tracker offers certain services, including services through the Service which you can purchase on a subscription basis (“Subscription”). If you purchase a Subscription you may be asked to agree to a separate agreement that incorporates these Terms of Service.
To the extent the Services or any portion thereof is made available through a Subscription or license, your access will be granted
following payment of the applicable fees to Fit Pro Tracker (“Fees”). Fees are based on the fee schedule and payment obligations as set forth in a separate agreement with us or our affiliates. You hereby authorize us, either internally or through a third-party payment processor, to charge your credit card. If you fail to pay any fees, Fit Pro Tracker may suspend your access to the Services.
You represent and warrant to Fit Pro Tracker that such payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
If you are using our Fee Collection services under a Billing Services Agreement, Fit Pro Tracker may, at the direction of the Franchisor, remit fees directly to Franchisor. The fees collected from Members are allocated to Franchisees once their accounts are paid off with Franchisors (“Franchisor Fees”). Franchisors notify Fit Pro Tracker of the Franchisor Fees owed by Franchisees. If Franchisors change the Franchisor Fees owed, Franchisees are notified. Franchisees shall direct all questions regarding Fee Collection to Franchisors. Fit Pro Tracker is not liable for any conflicts regarding Fee Collection between Franchisors and Franchisees.
In order to access some of the offerings available through our Services, you may be required to register for a separate account by completing our online registration form, which requests certain information and data (“Registration Data”). You are responsible for maintaining and updating your Registration Data. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for logging out of the Services at the end of each session.
You also grant us the right to disclose to third parties certain Registration Data about you, subject to our Privacy Notice. The information we obtain through your use of this Service, including your Registration Data, is subject to our Privacy Notice, which is specifically incorporated by reference into these Terms of Service.
You agree that the Company may contact you by electronic communication, including telephone or SMS text messages (including by an automatic telephone dialing system) at any of the email addresses or phone numbers provided by you or on your behalf in connection with your account or use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You also understand that you may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by following the directions to opt-out at the bottom of the email and using the unsubscribe link contained in the email, or by contacting us at [email protected]. Please note that some phone calls may be recorded, depending on applicable state laws.
The Company’s communication partner for sending and receiving SMS and Email communications is Twilio. Twilio is the Company’s preferred vendor for processing SMS and Email communications between Clients and cell phone providers. The Company reserves the right to change communication partners at any time without notice and at its sole discretion. Clients are required to adhere to and comply with Twilio’s Acceptable Use Policy (AUP) and Messaging Policy. Failure to comply with Twilio’s AUP and Messaging Policies may result in suspension, restricted access, or permanent termination of your Twilio account. Client understands that any lost data due to violation of Twilio’s AUP or Messaging Policy, is not the responsibility of the Company and the Company is held harmless.
The Service, from time to time, may provide links to other Services or resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those Services or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access or use for such Services. You acknowledge any of the third-party Services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions and agree that Fit Pro Tracker is not responsible for the availability of such external Services or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Services or resources. You further acknowledge and agree that Fit Pro Tracker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Service or resource.
You shall not use our Services:
Violation of this section may result in immediate suspension or discontinuation of Services, or legal action which could result in civil damages or criminal punishment.
Fit Pro Tracker reserves the right, at any time, and from time to time, to modify or to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that Fit Pro Tracker shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. From time to time, we may restrict access to some parts of the Services, to users, including registered users. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Fit Pro Tracker may specify from time to time the version(s) of web browsers required in order to use the Service, and you acknowledge that Fit Pro Tracker is not obligated to support all web browsers and Fit Pro Tracker is not obligated to continue support of any web browsers it supported at an earlier time.
You acknowledge and agree that Fit Pro Tracker may, in our sole discretion, suspend or terminate your account and/or deny you access to or use of all or part of the Service, without prior notice, for any reason, including, without limitation, if you engage in any conduct that Fit Pro Tracker believes, in its sole discretion:
In addition, Fit Pro Tracker reserves the right to terminate inactive membership accounts. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Further, you agree that Fit Pro Tracker shall not be liable to you or any third party for any termination of your access to the Service. You agree to defend, indemnify, and hold Fit Pro Tracker harmless from and against any and all claims, losses, liability costs, and expenses (including but not limited to attorneys’ fees) arising from your violation of this Terms of Service, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights, and invasion of any privacy rights. You acknowledge that this obligation will survive the termination of your use of the Service.
You may export your client information prior to closing your database. However, once your database has been closed you will no longer have access to that information. All information exported during the cancellation and fees associated are outlined below. Any exported information following the closure of your account will result in an additional late export fee of $399. The late export fee is in addition to the fees outlined below.
**Standard Export Service (convenience fee of
$199 required):**
Contract/Waiver Export Service:
You will need to conduct manual exports of the following information:
Fit Pro Tracker does not export client payment information. To remain in compliance with PCI and Data Security standards, Fit Pro Tracker is limited to serving purely as a liaison between Fit Pro Tracker clients and your payment processor. Additional fees by the payment processor may apply and are separate and apart from Fit Pro Tracker’s fees.
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Subject to your timely payment of Subscription Fees and remaining compliant with the terms and condition of the Agreement, we agree to provide the Services as described in the Agreement, and grant to you a non-exclusive, non-transferable right to (i) permit Members to access and use the Services; and (ii) permit authorized members of your staff to use the Services solely for the operation of your business. Upon termination of the Agreement, any rights granted by us will automatically, without notice, terminate. Any rights not specifically granted under the Agreement are expressly reserved. Notwithstanding the foregoing, you grant us a non-exclusive, non-transferable license to use Member Data to deliver and monitor the Services in accordance with the Agreement. “Member Data” is information about Members that gets loaded to the Services.
You agree not to copy, sell, resell, rent, or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Service, allow unauthorized use or access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us or Account Holders for use in accessing the Service.
You agree that: YOU SHALL DEFEND, INDEMNIFY, AND HOLD COMPANY AND COMPANY’S MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND THEIR SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DAMAGES, AND LIABILITIES TO THE EXTENT ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SOFTWARE.
You represent that, to the best of your knowledge and belief, your use of the Service does not directly or indirectly infringe the legal rights of a third party, and you are authorized to use the Service. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF SERVICE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. FIT PRO TRACKER IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED IN SERVICE. FIT PRO TRACKER DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIT PRO TRACKER OR THROUGH OR FROM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIT PRO TRACKER AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FIT PRO TRACKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
IN NO EVENT SHALL FIT PRO TRACKER BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
By using the Service, you acknowledge and agree that the Service is not HIPAA compliant. You are solely responsible for ensuring that any data you store or process through the Service does not require HIPAA compliance. Fit Pro Tracker disclaims any liability for the misuse of the Service for storing or processing HIPAA-regulated health information.
The Terms of Service constitutes the entire agreement between you and Fit Pro Tracker and governs your use of the Service, superseding any prior agreements between you and Fit Pro Tracker (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You acknowledge you may be subject to additional terms and conditions that may apply when you use affiliate or other Fit Pro Tracker services, third-party content, or third-party software. Except as otherwise provided herein, the Terms of Service shall be governed by the laws of the state of Arizona without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and Fit Pro Tracker agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona. The Terms of Service does not limit any rights that Fit Pro Tracker may have under trade secret, copyright, patent, trademark,
or other laws. The failure of Fit Pro Tracker to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within sixty (60) calendar days (or the minimum amount of time allowed by law if such time is greater than sixty (60) calendar days) after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of Fit Pro Tracker and its successors and assigns.
© 2024 Fit Pro Tracker, Inc. All rights reserved. No portion of this Service may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of Fit Pro Tracker.
©2021 FitPro Tracker
All rights reserved.