Policy
By creating an account or by accessing or using this platform (the "Service"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service.
1. Ownership of the Platform
The Service, including all associated software, interfaces, designs, and content, is owned and operated by New Plot Software LLC. All rights, title, and interest in and to the Service are reserved by New Plot Software LLC. You are granted a limited, revocable, non-exclusive, non-transferable license to use the Service solely to operate your gym or training business in accordance with these Terms.
2. Gym / Facility Owner Responsibilities
If you are a gym, studio, trainer, or facility owner (collectively, "Facility Owner"), you are solely responsible for:
- managing your own relationship and agreements with your members, clients, and customers; and
- drafting, implementing, and enforcing your own Terms of Service, liability waivers, membership agreements, cancellation policies, pricing rules, and any other contracts with your members.
New Plot Software LLC is not a party to any agreement between you and your members and does not control, supervise, or manage your business operations.
3. Use of the Service
You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service. You are responsible for all content, data, and materials you upload or manage through the Service, including but not limited to member data, programs, schedules, and packages.
4. Data & Privacy
We may collect, use, and store information you provide in accordance with our privacy policy. You are responsible for ensuring that your account information is kept secure and accurate. You represent that you have obtained all necessary rights and permissions from your members to store and process their data through the Service.
5. Subscription, Billing & Pricing
Access to certain features of the Service may require a paid subscription. You authorize New Plot Software LLC or its payment processor to charge your selected payment method for all applicable fees.
Pricing is subject to change at any time. Where required by law, we will provide notice of price changes. Your continued use of the Service after a price change becomes effective constitutes your acceptance of the updated pricing.
6. Service Modifications & Availability
We may modify, update, or discontinue all or part of the Service at any time, with or without notice. This may include adding or removing features, performing maintenance, or changing how features work. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
7. Third-Party Services
The Service may integrate or interact with third-party services or tools. New Plot Software LLC does not control and is not responsible for any third-party services, their terms, or their privacy practices. Your use of third-party services is at your own risk and governed solely by the terms of those providers.
8. Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized use of your account or any other breach of security.
9. Prohibited Conduct
You agree that you will not:
- use the Service for any unlawful, harmful, or fraudulent purpose;
- upload or transmit viruses, malware, or other malicious code;
- infringe the intellectual property or privacy rights of others;
- attempt to reverse-engineer, decompile, or otherwise derive source code from the Service; or
- interfere with or disrupt the operation or security of the Service.
10. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, pose a risk to the platform or other users, or fail to pay applicable fees. Upon termination, your right to use the Service will immediately cease. Termination does not relieve you of any outstanding payment obligations.
11. Disclaimers
The Service is provided on an "as is" and "as available"basis, without warranties of any kind, whether express or implied. New Plot Software LLC does not warrant that the Service will be uninterrupted, error-free, secure, or meet your specific requirements.
12. Limitation of Liability
To the fullest extent permitted by law, New Plot Software LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or in connection with your use of the Service.
To the extent permitted by law, our total cumulative liability for any claim relating to the Service shall not exceed the amount you paid to New Plot Software LLC for access to the Service in the three (3) months immediately preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless New Plot Software LLC from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- your use of the Service;
- your business operations and practices; or
- your agreements and interactions with your members or clients.
14. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Effective Date" or otherwise indicate that changes have been made. Your continued use of the Service after any changes become effective constitutes your acceptance of the updated Terms.
15. Governing Law
These Terms are governed by the laws of the jurisdiction in which New Plot Software LLC is organized, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the courts of that jurisdiction.
16. Contact
If you have questions about these Terms, please contact New Plot Software LLC using the support or contact information provided within the Service.