Fytkit Platform Terms of Service

Draft for legal review. Not yet in force. Bracketed items must be completed before publication.

Effective date: [EFFECTIVE DATE]

These terms are an agreement between [FYTKIT LEGAL ENTITY], a company registered in [JURISDICTION] under number [COMPANY NUMBER], whose registered office is at [REGISTERED ADDRESS] ("Fytkit", "we", "us"), and the business that creates a studio on Fytkit ("the studio", "you").

1. About these terms

1.1 Fytkit is software that lets fitness businesses run their coaching online: publish programs and content, run a public site and member app, take member subscriptions through their own Stripe account, and manage their members.

1.2 These terms apply to your use of the Fytkit platform, dashboard, member app, public studio site, API, SDK and related services (together, the "Service").

1.3 The person who creates the studio (the "Owner") accepts these terms on the studio's behalf and confirms they have authority to bind the studio. If you do not have that authority, do not create a studio.

1.4 The Service is sold to businesses. You confirm you are using it for the purposes of your trade, business or profession and not as a consumer. [Lawyer: confirm treatment of sole-trader personal trainers under UK consumer law and whether any consumer protections must be preserved.]

1.5 These documents form part of these terms and are incorporated by reference:

• the Fytkit Data Processing Agreement (the "DPA"), at fytkit.com/legal/dpa;
• the Fytkit Acceptable Use Policy, at fytkit.com/legal/acceptable-use;
• the Fytkit Developer and API Terms, which apply if you create a developer app or use the API or SDK, at fytkit.com/legal/developer-terms.

If these documents conflict, the DPA wins on data protection, then these terms, then the others.

2. Accounts, staff and seats

2.1 Accounts. Each person signs in to Fytkit with their own account. An account belongs to a person, not to a studio. The same account may be staff of several studios and may separately be a member of studios.

2.2 Roles. Each staff member holds exactly one role in your studio:

• Owner — full control, including billing, plan changes and deleting the studio. Each studio has exactly one Owner.
• Admin — full control except billing, revenue visibility, plan changes and studio deletion.
• Trainer — content and members only.

2.3 Seats. Your plan includes a number of staff seats. Every staff member, including the Owner, and every pending invitation uses a seat. Invitations expire after 7 days.

2.4 Your responsibility for staff. You are responsible for everything done by your staff in your studio, for choosing their roles, and for removing access promptly when someone leaves. Removing a staff member ends their access to your studio immediately; the content and members they worked on stay with the studio.

2.5 Security. Keep credentials confidential, use two-factor authentication where offered, and tell us at [CONTACT EMAIL] promptly if you suspect unauthorised access.

2.6 Fytkit support access. To give support, Fytkit's own staff may access your studio by acting as one of your staff members, seeing what that staff member sees. We do this only for support, security, or to meet legal obligations, and we log it. Our staff cannot record, change, consent to or delete member health data while doing so.

3. Plans, billing and trials

3.1 Plans. The Service is offered on the Starter, Growth and Scale plans. Each plan has a price, a number of seats, a monthly AI credit grant and a member cap (a maximum number of active members). Current plan details are on our pricing page. Studios that need more than our largest plan can contact us about an Enterprise arrangement, which is agreed separately in writing.

3.2 Trials. We may offer a free trial. At the end of a trial your plan starts and you are charged unless you cancel beforehand. Trial AI credits expire when the trial ends. We may change or withdraw trial offers at any time for new studios.

3.3 Payment. Plans are billed in advance, monthly or annually, through Stripe, to the payment method you give us. Prices exclude VAT and other taxes, which we add where required. You authorise us to charge your payment method on each renewal until you cancel.

3.4 Failed payments. If a payment fails, we will tell you and retry. If it remains unpaid after [NUMBER] days, we may restrict the dashboard to billing pages until it is paid, and may later suspend the studio under section 13.

3.5 Plan changes. The Owner can change plan from the dashboard. Upgrades take effect immediately and are charged pro rata for the rest of the billing period. Downgrades take effect at the end of the current billing period. If a downgrade would put you over the new plan's member cap or seat count, the rules in section 3.6 and our product limits apply.

3.6 Member cap. If your active members exceed your plan's member cap:

• a 14-day grace period starts, during which you may go up to 10% over the cap;
• after the grace period (or once you pass the 10% headroom), new member sign-ups are refused until you upgrade or fall back under the cap;
• existing members are never affected — they keep their access and their subscriptions keep running.

3.7 Cancellation. The Owner can cancel at any time from the dashboard. Cancellation takes effect at the end of the current billing period, and you keep access until then. Fees already paid are not refundable except where the law requires or we agree otherwise. [Lawyer: confirm no-refund position for annual plans.]

3.8 Price changes. We may change plan prices with at least 30 days' notice. A change applies from your next renewal after the notice period ends.

4. AI assistant and credits

4.1 Credits. The AI assistant is paid for with prepaid credits. One credit equals £0.01 of retail value, excluding VAT. Each assistant request is charged in credits according to its actual cost to run, which varies with the size of the request. Credits have no cash value and cannot be transferred to another studio.

4.2 How you get credits.

• Monthly grant. Your plan includes a monthly allowance. Granted credits expire at the next monthly anniversary of your billing period and do not roll over.
• Trial credits expire with the trial.
• Purchased packs. You can buy credit packs. Purchased credits never expire and survive cancellation of your plan, so you can use them if you resubscribe.

4.3 Spending order. Credits that expire soonest are spent first.

4.4 No negative balance. A request is refused if your balance is below the minimum needed to start one. We never bill you in arrears for assistant use. If a request costs more than your remaining balance, we cap the charge at your balance.

4.5 VAT. VAT on credit packs is charged once, at purchase. [Lawyer: confirm the advance-payment-for-services characterisation of credits and EU OSS position.]

4.6 Refunds of packs. If we refund a pack, the unspent credits from it are removed in proportion to the refund.

4.7 Assistant output is a draft. The assistant suggests programs, workouts, exercises, nutrition and settings changes. Its output can be wrong, incomplete or unsuitable for a particular member. You are responsible for reviewing everything it produces before you publish or rely on it. Settings changes it proposes are only applied when a staff member approves them.

4.8 Health data is never sent to the AI. Member health data (injuries, conditions and health questionnaire answers) is never sent to the AI model.

4.9 We use a third-party AI model provider, listed in the DPA. Your inputs are used to provide the assistant to you and not to train our provider's models. [Lawyer: confirm against the provider's current commercial terms.]

5. Your content

5.1 You own your content. Everything you and your staff upload or create in the Service — programs, workouts, exercises, videos, images, text, branding and site pages ("Studio Content") — stays yours. Member data is covered by section 7 and the DPA.

5.2 Licence to Fytkit. You give Fytkit a worldwide, non-exclusive, royalty-free licence to host, store, copy, transcode, display and transmit Studio Content only as needed to provide, secure and support the Service, including showing it to your members and site visitors. The licence ends when the content is deleted, except for backups that expire on their normal cycle.

5.3 Your promises about content. You confirm you have the rights to your Studio Content, including music in videos and images of identifiable people, and that it does not break the law or the Acceptable Use Policy.

5.4 Feedback. If you give us suggestions, we may use them without any obligation to you.

5.5 Our platform. Fytkit owns the Service, its software, design, site templates and documentation. Apart from the rights set out in these terms, nothing transfers to you.

6. Your responsibilities as a coaching business

6.1 Your services are yours. You, not Fytkit, provide coaching and fitness services to your members. Fytkit is not a coach, gym or healthcare provider and is not a party to your relationship with your members.

6.2 Qualifications and insurance. You are responsible for your staff holding any qualifications your services require, and for keeping appropriate professional and public liability insurance.

6.3 Member terms and privacy notice. You must have your own terms of service and privacy policy for your members, and publish them through the Service. Fytkit provides templates as a starting point; they are not legal advice and you should take your own advice. Whatever you publish must keep the "Platform clauses (required)" sections of our templates, or text with the same effect, because they explain Fytkit's role, data handling and the member's rights in the app. [Lawyer: consider whether we should block publication of studio documents that remove the required clauses.]

6.4 Health and safety. You are responsible for screening members as appropriate, acting on the health information they give you, and the safety of the programs you set. The Service's injury checks and health questionnaire red flags are aids, not a safety guarantee. An exercise with no movement patterns can only be checked by name and is reported as unchecked.

6.5 Minimum age. Your members must be 18 or over. You must not knowingly sign up anyone under 18.

6.6 Consumer law. You are responsible for complying with consumer law in your dealings with members, including pre-contract information, cancellation rights and refunds.

7. Member data and data protection

7.1 For member data, you are the controller and Fytkit is your processor. The DPA sets out how we process it and forms part of these terms.

7.2 For account-level data (such as a person's sign-in email, password, sessions and two-factor settings), staff data, your billing details and visitors to fytkit.com, Fytkit is the controller, as described in our Privacy Policy.

7.3 Health data and progress photos are collected only through Fytkit's separate, explicit consent flows. You must not record or upload them by other means where those flows exist.

8. Member payments

8.1 Members pay you through your own Stripe account, connected to Fytkit using Stripe Connect. You are the merchant of record. Fytkit is not a party to any purchase, subscription or refund between you and your members, does not hold member funds, and is not responsible for chargebacks, disputes or taxes on your sales.

8.2 Your use of Stripe is governed by your agreement with Stripe. We are not responsible for Stripe's service.

8.3 You set your own prices and tiers and are responsible for honouring them.

9. Not medical advice

The Service, including the AI assistant, health questionnaire, red-flag guidance and injury checks, does not provide medical advice, diagnosis or treatment. Nothing in the Service replaces assessment by a qualified healthcare professional. You must not present the Service, or anything it produces, as medical advice.

10. API, SDK and your own apps

If you create a developer app, use the API or SDK, or publish an app built on Fytkit, the Developer and API Terms apply in addition to these terms. You are the publisher of any app you build and are responsible for it.

11. Third-party services

The Service relies on third parties, including Stripe, video hosting and an AI model provider. Third-party services you choose to connect (such as your Stripe account) are governed by your agreement with that third party.

12. Availability and support

12.1 We aim to keep the Service available and to give you notice of planned maintenance where we can. We do not promise uninterrupted or error-free service. [Lawyer: decide whether to offer a service level for any plan.]

12.2 Support is available by email at [CONTACT EMAIL] during [SUPPORT HOURS]. We aim to respond within [RESPONSE TIME].

12.3 We may change, add or remove features. If we remove a feature that is material to your plan, we will give you reasonable notice.

13. Suspension and termination

13.1 Suspension. We may suspend all or part of your studio, or a developer app, if:

• you break the Acceptable Use Policy or Developer and API Terms;
• fees remain unpaid as described in section 3.4;
• your use creates a security risk or risk of harm to members, Fytkit or others; or
• the law or a competent authority requires it.

We will tell you why and, where practical, give you a chance to fix the issue first. We will lift the suspension once it is resolved.

13.2 Termination by you. You may end these terms by cancelling your plan and closing your studio.

13.3 Termination by us. We may end these terms with 30 days' notice for any reason, or immediately if you seriously or repeatedly break them, or become insolvent. If we end them without cause, we will refund any prepaid plan fees for the unused period.

13.4 What survives. Sections on content ownership, payments owed, data deletion, liability, indemnity and governing law survive.

14. Export and deletion when a studio closes

14.1 Before you close your studio, you can export your Studio Content and member records from the dashboard. [Lawyer: confirm export formats offered at launch.]

14.2 When your studio is closed or these terms end, we will delete your Studio Content and member data within [NUMBER] days, except where we must keep it by law, and subject to backups expiring on their normal cycle, as set out in the DPA.

14.3 Your members' Fytkit accounts are separate from your studio. Closing the studio ends their membership of your studio but does not delete their account, which they may use with other studios.

14.4 We keep records that a person accepted a document (such as these terms or a studio's terms) for 6 years after the relevant account is closed, as evidence. [Lawyer: confirm 6-year retention period.]

15. Warranties and disclaimers

15.1 Each party confirms it has authority to enter these terms.

15.2 We will provide the Service with reasonable skill and care.

15.3 Apart from that, and to the extent the law allows, the Service is provided "as is". We do not promise that it will meet your particular needs, that AI output will be accurate, or that the Service will be free of errors.

16. Liability

16.1 Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law.

16.2 Neither party is liable for loss of profits, revenue, business, goodwill or anticipated savings, or for indirect or consequential loss.

16.3 Each party's total liability under or in connection with these terms in any 12-month period is limited to [LIABILITY CAP]. [Lawyer: set the cap, e.g. the greater of fees paid in the previous 12 months and a fixed sum; consider a separate, higher cap for data protection breaches.]

16.4 Fytkit is not liable for your coaching services, injuries members suffer while following your programs, your dealings with members, or member payments taken through your Stripe account.

17. Indemnity

You will indemnify Fytkit against claims by third parties (including your members) arising from your coaching services, your Studio Content, your apps, your breach of the Acceptable Use Policy, or your breach of law in dealing with members. We will tell you promptly of any claim and let you control its defence. [Lawyer: consider whether a mutual IP indemnity from Fytkit is commercially expected.]

18. Changes to these terms

18.1 We may update these terms. For material changes, we will give the Owner at least 30 days' notice by email and in the dashboard before they take effect. If you do not agree, you may cancel before the change takes effect and we will refund any prepaid fees for the unused period.

18.2 Non-material changes (such as clarifications, or changes required by law at shorter notice) take effect when published.

18.3 We keep previous versions and a record of which version the Owner accepted.

19. General

19.1 Notices. We send notices to the Owner's email. You send notices to [CONTACT EMAIL].

19.2 Assignment. You may not transfer these terms without our consent. We may transfer them to a successor of our business with notice.

19.3 Force majeure. Neither party is liable for delay caused by events beyond its reasonable control.

19.4 Entire agreement. These terms and the documents incorporated by reference are the whole agreement about the Service.

19.5 No third-party rights. No one other than you and Fytkit may enforce these terms, including under the Contracts (Rights of Third Parties) Act 1999.

19.6 Severability and waiver. If a clause is invalid, the rest stands. Not enforcing a right is not a waiver of it.

20. Governing law

These terms and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. [Lawyer: confirm governing law and forum; consider whether EU and US studios need different terms.]

21. Contact

[FYTKIT LEGAL ENTITY], [REGISTERED ADDRESS]. Email: [CONTACT EMAIL].