FusionFit Terms of Service

1. Who These Terms Cover

FusionFit provides software that fitness studios, gyms, trainers, and wellness businesses ("Businesses") use to run their locations, staff, schedules, bookings, memberships, payments, and documents. These Terms apply to:

• Businesses that subscribe to FusionFit, and the account owner who signs up on their behalf.
• Staff a Business invites to its account.
• Members and customers who book, buy, or sign documents through a Business's FusionFit app, widget, or website.

2. Accounts and Sign-In

Staff and account owners sign in with Google or a one-time code sent to their email; members sign in as set up by their Business. You must give accurate information and keep access to your email and Google account secure, because anyone with that access can sign in as you. The account owner controls who is invited, which roles and permissions they hold, and is responsible for everything done under the Business's account.

3. Responsibilities of Businesses

Each Business is responsible for its own services and its relationship with its members, including:

• Its classes, services, prices, memberships, cancellation and refund policies, and how it delivers them.
• The content of its waivers, forms, and documents, and making sure they meet the laws that apply to it.
• Having a lawful basis and any required consent to add member data, contact members by email, SMS, or push notification, and manage information about minors.
• Complying with the laws that apply to its business, including consumer, health and safety, privacy, and tax laws.

4. Members

When you book a class, buy a membership, or sign a document through FusionFit, your agreement is with the Business, not with FusionFit. Questions about bookings, cancellations, refunds, memberships, or waivers should go to the Business first. FusionFit provides the software and is not responsible for the services a Business delivers.

5. Plans and Billing

Businesses can explore FusionFit free before going live. Paid plans are charged per location as shown on our pricing page or in a separate written agreement, and are billed in advance each month through Stripe. Fees exclude taxes unless stated otherwise. Fees already paid are not refundable, except where the law requires it. We will give at least 30 days' notice before changing the price of an existing plan.

6. Payments Through Stripe

Member payments are processed by Stripe, using a Stripe account connected to each Business location. By accepting payments through FusionFit, a Business agrees to the Stripe Connected Account Agreement and the Stripe Services Agreement. FusionFit is not a bank or payment processor and does not hold member funds. Payouts, disputes, chargebacks, and refunds on a Business's Stripe account are the Business's responsibility, along with any processing or platform fees shown in its account or agreement.

7. Acceptable Use

You must not:

• Use FusionFit for anything unlawful, fraudulent, or harmful, or to send spam or unwanted messages.
• Access accounts, data, or parts of the service you are not authorised to use, or share sign-in access with others.
• Probe, scan, overload, or interfere with the service or its security, or bypass rate limits or access controls.
• Copy, resell, or reverse engineer the service, except where the law allows it.
• Upload malicious code or content that infringes someone else's rights.

8. Your Data

Businesses own the data they and their members put into FusionFit. We use it only to provide, secure, support, and improve the service, as described in our Privacy Policy. A Business can export its data while its account is active. After an account is closed, we may delete its data after a reasonable period, except records we must keep by law or that remain in backups for a limited time.

9. Our Service and Intellectual Property

FusionFit, including its software, design, and branding, belongs to us and our licensors. We give you a limited, non-transferable right to use it under these Terms. We keep improving FusionFit and may add, change, or remove features; we will give reasonable notice of changes that materially reduce what a paying Business receives. If you send us feedback or ideas, we may use them without obligation to you.

10. Third-Party Services

FusionFit works with services run by other companies, such as Stripe, Google, Apple, and email and SMS providers. Your use of those services is also subject to their own terms, and we are not responsible for them.

11. Cancellation, Suspension, and Termination

A Business can cancel at any time; cancellation takes effect at the end of the current billing period. We may suspend or close an account if fees remain unpaid after notice, if these Terms are seriously breached, or if needed to protect FusionFit, its users, or the public. Where reasonable, we will give notice first.

12. Disclaimers

We work to keep FusionFit available, secure, and accurate, but it is provided "as is" and "as available". To the extent the law allows, we do not promise that it will be uninterrupted or error-free or meet every requirement of your business. Nothing in these Terms excludes rights or guarantees you have under consumer protection laws that cannot be excluded.

13. Limitation of Liability

To the extent the law allows, FusionFit is not liable for indirect or consequential loss, or for lost profits, revenue, or data, and our total liability arising from these Terms or the service is limited to the fees the Business paid us in the 12 months before the claim. A Business is responsible for claims that arise from its services, its content, or its breach of these Terms.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date and tell Businesses by email or in the product before the changes take effect. Continuing to use FusionFit after that means you accept the updated Terms.

15. Contact Us

For questions about these Terms, contact FusionFit at [email protected].