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TERMS OF SERVICE

Last Updated: May 20, 2026

1. Acceptance of Terms

By accessing or using the FitFlowUp platform, you (the "User," which includes Gym Owners, Staff, and Members) agree to be bound by these Terms of Service. FitFlowUp provides an elite, multi-tenant gym management software-as-a-service (SaaS) designed for modern gym operations and high-performance member management. If you do not agree to these terms, you may not use the platform.

2. User Accounts & Responsibilities

Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. Gym Owners are responsible for managing their staff and member accounts, including granting and revoking access. All users agree to provide accurate and complete information and to update it as necessary. Unauthorized use of any account is strictly prohibited.

3. Whish Pay Financial Terms

FitFlowUp facilitates secure online payments via Whish Pay. (A) Platform Service Fee: A 4% fee is deducted from all membership revenue upon payout to the Gym Owner. This covers platform maintenance, support, and automated management. (B) Member Surcharge: A 2% processing fee is added to the member’s total at checkout to cover third-party payment gateway transaction costs. All platform and processing fees are non-refundable.

4. Payouts & Settlements

Gym Owners may request a payout of their accrued balance once it reaches a minimum threshold of $100 USD. Payout requests are typically processed within 2-3 business days. FitFlowUp reserves the right to audit and hold payouts in the event of suspected fraudulent activity, high dispute rates, or non-compliance with these Terms.

5. Refund & Dispute Policy

FitFlowUp acts exclusively as a technical infrastructure provider. All membership agreements and refund requests are the sole responsibility of the Gym Owner. FitFlowUp does not provide direct refunds for membership fees once a transaction is successfully processed via Whish Pay, and Gym Owners assume all liability for disputes and chargebacks related to their services.

6. Intellectual Property

All content, features, and functionality on the FitFlowUp platform (including but not limited to software, text, graphics, logos, and designs) are the exclusive property of FitFlowUp and its licensors. Users retain ownership of the data they upload to their respective gym accounts. By using the platform, you grant FitFlowUp a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your data solely for the purpose of providing and improving the services.

7. Data Security, Privacy & Ownership

Your business intelligence is protected by enterprise-grade Row-Level Security (RLS). All member records, staff data, and financial ledgers are logically siloed. While FitFlowUp provides the hosting infrastructure, Gym Owners maintain full ownership of their tenant-specific data. Our Privacy Policy (available separately) details how we collect, use, and protect your data.

8. Prohibited Conduct

Users agree not to use the platform for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, or to infringe upon or violate our intellectual property rights or the intellectual property rights of others. This includes, but is not limited to, uploading malicious code, engaging in spamming, or attempting unauthorized access to other accounts or data.

9. Termination

FitFlowUp may terminate or suspend your account and access to the platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Gym Owners may terminate their subscription at any time, subject to their specific subscription agreement. Upon termination, all provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimers & Limitation of Liability

The FitFlowUp platform is provided on an "as is" and "as available" basis. FitFlowUp makes no warranties, expressed or implied, regarding the platform's operation or availability. FitFlowUp is not liable for gym-specific operational failures, member incidents, or financial losses resulting from incorrect gym configurations, staff negligence, third-party gateway downtime, or any other events beyond our direct control. In no event shall FitFlowUp be liable for any indirect, incidental, special, consequential, or punitive damages.

11. Changes to Terms

FitFlowUp reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the platform after any such changes constitutes your acceptance of the new Terms of Service.