Terms of Service

1. Acceptance of Terms

By accessing or using Forma Fit (“the Service”), operated by Forma Fit (“Company”, “we”, “us”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to update these Terms at any time, and your continued use after changes are posted constitutes acceptance.

2. Description of Service

Forma Fit is a multi-tenant Software-as-a-Service (SaaS) gym management platform that provides tools for:

• Member management and check-in tracking
• Class scheduling and attendance
• Membership billing and payment processing
• Staff management and role-based access
• AI-powered member retention insights and automated outreach
• SMS, voice, and email communications with gym members

The Service is provided on a subscription basis. Features available to you depend on your current subscription plan.

3. Account Registration and Security

To use Forma Fit, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your login credentials
• Notify us immediately of any unauthorized access to your account at support@formafit.app
• Accept responsibility for all activities that occur under your account

You may not share account credentials across multiple gym locations or individuals unless each location has its own account or you have an enterprise arrangement with us.

4. Subscription and Billing

Forma Fit is billed on a monthly subscription basis. By providing payment information, you authorize us to charge your selected payment method on a recurring basis.

• Auto-renewal: Subscriptions renew automatically each billing cycle unless you cancel before the renewal date.
• Cancellation: You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; no partial refunds are provided.
• Price changes: We will provide at least 30 days' notice of price increases. Continued use after the effective date constitutes acceptance.
• Failed payments: If a payment fails, we will attempt to notify you and retry. Continued failure may result in suspension of your account.

All fees are exclusive of taxes. You are responsible for any applicable sales tax, VAT, or similar charges based on your location.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes. You may not:

• Upload or transmit malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to other accounts or systems
• Use the Service to send spam, unsolicited messages, or violate applicable anti-spam laws (including CAN-SPAM and TCPA)
• Scrape, crawl, or extract data from the Service by automated means without our written consent
• Reverse engineer, decompile, or attempt to derive source code from the platform
• Resell, sublicense, or otherwise transfer access to the Service to third parties without our written permission
• Use the Service in any way that could damage, disable, overburden, or impair our infrastructure

We reserve the right to suspend or terminate accounts that violate this policy without prior notice.

6. Intellectual Property

The Forma Fit platform, including its software, design, trademarks, and content, is owned by Forma Fit and protected by applicable intellectual property laws. Nothing in these Terms grants you any ownership interest in the Service.

You retain ownership of all data you input into the Service (“Customer Data”). By using the Service, you grant us a limited, non-exclusive license to process your Customer Data solely to provide and improve the Service.

7. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Forma Fit, you consent to the data practices described therein.

8. Service Availability and SLA

We strive to maintain commercially reasonable uptime for the Forma Fit platform. However:

• The Service is provided “as is” and “as available” without warranty of any kind
• We do not guarantee uninterrupted, error-free operation of the Service
• Scheduled maintenance windows may cause temporary unavailability; we will endeavor to provide advance notice
• We are not liable for downtime caused by third-party service providers, infrastructure outages, or events beyond our reasonable control

9. Limitation of Liability

To the maximum extent permitted by applicable law, Forma Fit and its officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your reliance on the Service for business-critical decisions

Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid to us in the three (3) months preceding the claim.

10. Termination

Either party may terminate the agreement at any time:

• By you: Cancel your subscription through account settings at any time. Access continues through the end of the paid period.
• By us: We may suspend or terminate your account immediately for violations of these Terms, non-payment, or other cause. We will endeavor to provide notice where reasonable.

Upon termination, your right to access the Service ceases. Customer Data is retained for 30 days post-termination, after which it may be deleted. You may request a data export during this window.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction of those courts.

12. Contact Us

Questions about these Terms? Reach out: