Effective Date: April 9, 2026 | Last Updated: May 20, 2026
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," "User") and FitOps Pro LLC ("Company," "we," "us," "our"), a limited liability company organized under the laws of the United States, governing your access to and use of the FitOps Pro platform ("Platform," "Service").
By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms, guidelines, or rules referenced herein. If you do not agree to these Terms, you must not access or use the Platform.
If you are using the Platform on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" shall refer to that entity.
FitOps Pro is a software-as-a-service (SaaS) platform designed for fitness industry business owners. The Platform provides tools for:
We reserve the right to modify, update, or discontinue any feature or aspect of the Platform at any time, with or without notice.
You must be at least 18 years of age and capable of entering into a legally binding agreement to use the Platform. By registering, you represent and warrant that you meet these requirements.
To access the Platform, you must create an account by providing accurate, current, and complete information, including your name, email address, phone number, business name, and other requested details. You agree to update your information promptly if it changes.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
We are not liable for any loss or damage arising from your failure to protect your account credentials.
You represent and warrant that all information provided during registration and throughout your use of the Platform is truthful, accurate, and not misleading. Providing false or fraudulent information is grounds for immediate account termination.
Access to the Platform requires a paid subscription. Subscription plans, pricing, and features are described on our website and may be updated from time to time. By selecting a subscription plan, you agree to pay the applicable fees.
Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
All payments are processed through Stripe, our third-party payment processor. By providing payment information, you authorize us to charge your designated payment method for all applicable fees. You agree to keep your payment information current and accurate.
Your subscription includes standard usage of the Platform's communication features (SMS, voice calls, email, WhatsApp Business messaging, in-app messaging) and standard storage allotments, with the costs of these services absorbed by FitOps Pro as part of your base subscription fee.
We reserve the right to introduce usage-based charges in the future for messaging, voice, storage, or other Platform services. If we introduce usage-based charges, you will receive at least thirty (30) days' advance written notice via email and in-Platform notification, and current rates will be made available within the Platform's billing settings before any usage-based charge is applied to your account.
Excessive or abusive usage that materially exceeds typical patterns for your subscription tier — including but not limited to bulk-messaging campaigns inconsistent with your registered Campaign use case, automated mass-calling, or storage usage that is orders of magnitude beyond comparable accounts — may be subject to throttling, account review, or additional charges at our sole discretion, with prior notice to you where reasonably practicable.
If a payment fails, we will attempt to process the payment again and notify you via email, SMS, and/or push notification. If payment remains outstanding after multiple attempts, we reserve the right to suspend or terminate your account. You remain liable for all unpaid fees.
Subscription fees are generally non-refundable. If you cancel your subscription, you will retain access to the Platform through the end of your current billing period but will not receive a refund for any remaining time. We may, at our sole discretion, provide refunds or credits on a case-by-case basis.
We may change our subscription pricing at any time. Price changes will be communicated to you at least 30 days in advance via email. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.
All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes associated with your use of the Platform, except for taxes based on our net income.
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:
We reserve the right to investigate and take appropriate action, including suspending or terminating your account, for any violation of this Acceptable Use Policy.
Coaches are solely responsible for their relationships with their Clients. The Platform is a tool to facilitate coaching services; we do not supervise, direct, control, or participate in the coaching relationship between Coaches and Clients. We are not a party to any agreement between a Coach and a Client.
Coaches are responsible for:
Coaches who use the Platform to collect payments from Clients acknowledge that:
Coaches represent and warrant that they will:
By creating an account, you consent to receive communications from FitOps Pro via SMS, voice calls, email, and push notifications related to your account, including:
Message frequency varies based on your account activity. Message and data rates may apply. You may opt out of non-essential communications at any time by contacting [email protected]. You cannot opt out of critical transactional messages related to billing, security, and account status while your account is active.
The Platform provides Coaches with dedicated communication channels (phone numbers via Twilio, authenticated email sending domains via Amazon Web Services Simple Email Service (AWS SES), and connected WhatsApp Business Accounts via Meta's WhatsApp Business Cloud API) for communicating with their Clients. When using these features, Coaches agree to:
The following terms apply specifically to SMS messaging through the Platform:
Voice calls made through the Platform are facilitated via Twilio. Coaches are responsible for complying with all applicable laws regarding voice communications, including the TCPA and state-specific regulations regarding robocalls and telemarketing.
Emails sent through the Platform are delivered via Amazon Web Services Simple Email Service (AWS SES). Coaches may authenticate custom email sending domains using DKIM, SPF, and DMARC for branded communications sent from their own domain. Coaches are responsible for complying with the CAN-SPAM Act and all applicable email marketing laws, including providing accurate sender information and honoring unsubscribe requests.
Coaches may connect their own WhatsApp Business Account to the Platform through Meta's official WhatsApp Business Cloud API onboarding flow. FitOps Pro LLC is a designated Tech Provider with Meta Platforms. The following terms apply specifically to WhatsApp Business messaging through the Platform:
The Platform, including all software, code, design, text, graphics, logos, icons, images, audio, video, data compilations, and the arrangement thereof, is the exclusive property of FitOps Pro LLC and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes during the term of your subscription. This license does not include the right to:
You retain ownership of all content you upload, submit, or transmit through the Platform ("Your Content"), including Client data, workout programs, communications, and media. By uploading Your Content, you grant us a limited, non-exclusive, royalty-free license to host, store, process, and display Your Content solely as necessary to provide the Service.
You represent and warrant that you have all necessary rights to upload Your Content and that Your Content does not infringe the intellectual property or other rights of any third party.
If you provide us with feedback, suggestions, or ideas about the Platform ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use, modify, and incorporate that Feedback into the Platform without any obligation or compensation to you.
"FitOps Pro," the FitOps Pro logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FitOps Pro LLC. You may not use these marks without our prior written permission.
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and disclose your information. By using the Platform, you consent to the data practices described in the Privacy Policy.
Coaches retain ownership of all Client data they enter into the Platform. We do not claim ownership of your Client data. We process Client data on your behalf as a data processor in accordance with our Privacy Policy.
Coaches may export their data from the Platform at any time during their active subscription. We will provide reasonable assistance for data export requests upon account termination.
Upon account termination, your data will be retained for up to 90 days for account recovery purposes, after which it will be permanently deleted in accordance with our Privacy Policy. Certain data may be retained longer as required by law.
The Platform integrates with and relies on third-party services, including but not limited to Stripe, Twilio, Amazon Web Services (AWS SES and related services), Meta Platforms (WhatsApp Business Cloud API), Supabase, OpenAI, Apple HealthKit, Google Health Connect, Netlify, and Expo. Your use of these third-party services is subject to their respective terms and conditions and privacy policies.
We are not responsible for the availability, accuracy, or reliability of any third-party service, and we make no warranties or representations regarding any third-party service. We are not liable for any loss or damage caused by your use of or reliance on any third-party service.
We do not endorse and are not responsible for the practices of any third party whose services are integrated with the Platform. You should review the terms and privacy policies of all third-party services before using them.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
WE DO NOT PROVIDE MEDICAL, HEALTH, FITNESS, OR NUTRITIONAL ADVICE. THE PLATFORM IS A BUSINESS MANAGEMENT TOOL FOR FITNESS PROFESSIONALS. COACHES ARE SOLELY RESPONSIBLE FOR THE CONTENT AND QUALITY OF THE COACHING SERVICES THEY PROVIDE TO THEIR CLIENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FITOPS PRO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR:
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless FitOps Pro LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.
You may cancel your subscription and terminate your account at any time through the Platform settings or by contacting [email protected]. Cancellation will take effect at the end of your current billing period. You will not receive a refund for any remaining time in your billing period.
We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, including but not limited to:
Upon termination:
You may request an export of your data within 30 days of termination by contacting [email protected]. After 90 days, we are not obligated to retain or provide your data.
Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
If the dispute cannot be resolved informally, you and FitOps Pro LLC agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in the state where FitOps Pro LLC maintains its principal place of business, or at another mutually agreed location.
YOU AND FITOPS PRO LLC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which FitOps Pro LLC is organized, without regard to conflict of law principles.
Any cause of action or claim you may have arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.
If you are a consumer located in the European Economic Area (EEA), the United Kingdom, or Switzerland, the following provisions apply in addition to Sections 15.1 through 15.6. Where any term in these Terms conflicts with a mandatory provision of consumer protection law in your country of habitual residence, the mandatory provision prevails to the extent of the conflict.
Right of Withdrawal (EU Consumer Rights Directive / UK Consumer Contracts Regulations 2013). If you are a consumer (not a business customer) in the EEA or UK, you have the right to withdraw from your subscription within fourteen (14) calendar days of entering into your contract with us, without giving any reason. To exercise this right, email [email protected] with the subject line "Withdrawal Request" before the 14-day period expires. We will refund any payments received from you within 14 days of receiving your withdrawal notice.
Waiver of Withdrawal for Immediate Service. If you expressly request that the Platform be made available to you immediately upon subscription (which is the default), and acknowledge that doing so causes you to lose your right of withdrawal once the Service has been fully performed, you waive the 14-day cooling-off period to the extent that you have used the Service during it. If you have used the Service in part, we may charge a proportionate amount for the use that occurred before withdrawal.
Governing Law for Consumers. Notwithstanding Section 15.5, if you are a consumer habitually resident in the EEA, UK, or Switzerland, you also benefit from the mandatory provisions of the consumer protection laws of your country of habitual residence, and you may bring proceedings against us either in the United States or in the courts of your country of residence. We may bring proceedings against you only in the courts of your country of residence.
UK Consumer Rights Act 2015. If you are a consumer in the United Kingdom, nothing in these Terms limits or excludes your statutory rights under the Consumer Rights Act 2015, including the rights that the digital service supplied be of satisfactory quality, fit for purpose, and as described.
Class Action Waiver — EEA/UK Note. Section 15.3 (Class Action Waiver) does not apply to the extent prohibited by mandatory consumer protection law in your jurisdiction. Consumers in the EEA and UK retain any statutory right to participate in collective proceedings where local law affords that right.
Data Protection Rights. For your rights under the GDPR, UK GDPR, and Swiss FADP, see Section 10.4 of our Privacy Policy at fitopspro.com/privacy.html.
We reserve the right to modify these Terms at any time. When we make material changes, we will:
Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform and cancel your subscription before the changes take effect.
These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and FitOps Pro LLC regarding your use of the Platform and supersede all prior agreements, understandings, and representations.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of FitOps Pro LLC.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, power failures, internet disruptions, or third-party service outages.
All notices to you may be provided via email to the address associated with your account, through the Platform, or by posting on our website. Notices to us must be sent to [email protected] or by mail to our business address.
Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and FitOps Pro LLC. Coaches are independent users of the Platform and are not employees, agents, or representatives of FitOps Pro LLC.
These Terms do not confer any rights or remedies on any third party, except as expressly provided herein.
Section headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
If you have questions or concerns about these Terms, please contact us:
FitOps Pro LLC
Doing business as FitOps Pro
Email: [email protected]
Address: 210 N Oak Ave Apt 207, Owatonna, MN 55060