Terms of Service

These Terms are a contract between you and FitFloww, a sole proprietorship based in California, United States (“FitFloww”, “we”, “us”). By creating an account or using the service, you agree to them. If you do not agree, do not use FitFloww.

Our Privacy Policy, Cookie Policy, Refund Policy, and Data Processing Agreement form part of this agreement.

If you accept these Terms for a company or other organisation, you confirm you are authorised to bind it, and “you” means that organisation.

FitFloww is a web-based CRM for fitness professionals. It includes:

• Client profiles and record keeping
• Scheduling and online booking
• Workout programme building and progress tracking
• Nutrition planning
• Client messaging and a client portal
• Subscription billing, and invoicing your own clients through your Stripe account
• Business reporting

FitFloww runs in a web browser and is designed to work on phones and tablets. There is no native iOS or Android app.

We may change, add, or remove features. Where a change materially reduces functionality you are paying for, we give at least 30 days’ notice and you may cancel for a pro-rata refund of the unused period.

• You must be at least 18 years old to hold an account.
• You must give accurate registration information and keep it current.
• One person or organisation may hold one account unless we agree otherwise in writing.
• You may not use FitFloww if we have previously terminated your account for breach.

You may record data about clients who are under 18, but only with verifiable consent from a parent or guardian. See §11 of the Privacy Policy.

• You are responsible for keeping your password confidential and for everything done through your account.
• Tell us immediately at security@fitflowwcrm.com if you think someone else has access.
• Do not share logins. Add team members as their own users instead.
• Log out on shared or public computers.

You may use FitFloww to run a legitimate fitness or wellness business. You may not:

• Provide medical diagnosis or treatment unless you are licensed to do so.
• Store client data without the consent you are legally required to obtain.
• Upload content that is illegal, infringing, defamatory, or that exploits minors.
• Harass, abuse, threaten, or discriminate against anyone.
• Send spam, or send marketing to people who have not agreed to receive it.
• Scrape, crawl, or access the service by automated means beyond ordinary browser use.
• Bypass rate limits, quotas, access controls, or security measures.
• Reverse engineer, decompile, or attempt to extract our source code.
• Attempt to access another account or any data you are not authorised to see.
• Transmit malware, or use the service to attack any system.
• Resell or white-label the service without a written agreement with us.

We may investigate suspected breaches, and may suspend or remove content or accounts. Where the circumstances allow, we tell you first.

• You own the content you upload and the client records you create. We claim no ownership of them.
• You grant us a limited, non-exclusive licence to host, store, back up, transmit, and display that content — only to operate the service for you, and only for as long as you keep it with us.
• We do not use your content, your clients’ data, or your messages to train AI models.
• We do not sell your data or your clients’ data.
• You confirm you have the right to upload what you upload, and the consents needed to store data about your clients.

You can ask for a machine-readable copy of your data at any time by emailing support@fitflowwcrm.com. We provide it within 30 days. This is currently handled by our team rather than a self-service export.

Some FitFloww tooling uses Anthropic (Claude) to generate text. Client health records, progress photos, and private messages are not sent to any AI provider.

• You own the output generated for you and may use it commercially.
• AI-generated material may not qualify for copyright protection in every jurisdiction. That is a feature of the law, not something we can change.
• You are responsible for checking output before you rely on it or publish it.
• Data sent to our AI provider through the API is not used to train their models.

Plans and trials

• The Starter plan is free for up to 5 clients.
• Paid plans start with a 14-day free trial. No payment method is required to begin a trial, and a trial that ends without you choosing a plan simply expires — you are not charged.
• Prices for each plan are shown on the pricing page and are exclusive of any tax we are required to collect.

Failed payments

If a payment fails we retry and email you. If it is still unpaid after 14 days we may suspend the account. Data is retained per the retention schedule while suspended.

Refunds

Set out in the Refund Policy, which forms part of these Terms. Nothing in it limits rights you have under consumer law that cannot be waived.

Money you collect from your own clients

FitFloww is built on services operated by other companies. Their terms apply to you alongside ours where you use the features that depend on them.

We are not responsible for third-party services we do not control. If one of them fails or changes, we will do what we reasonably can, but we cannot guarantee their availability.

We aim for high availability but do not promise uninterrupted service, and no service level agreement applies to standard plans. The service can be unavailable because of maintenance, emergency patches, provider outages, or events outside our control.

• We give advance notice of planned maintenance where we reasonably can.
• Support is by email at support@fitflowwcrm.com during business hours.
• If you need a contractual uptime commitment, contact us before subscribing — it has to be agreed in writing.

• We own the FitFloww platform, software, design, name, and logo. Nothing here transfers any of it to you.
• You get a limited, non-exclusive, non-transferable right to use the service for your business while your account is in good standing.
• You keep everything you create — your content, client records, and programmes are yours.
• Feedback you send us may be used to improve the product without obligation or payment.

• You may cancel at any time from Settings → Billing. Access continues until the end of the period you have paid for.
• You may delete your account entirely from Settings → Security. This starts the deletion process described in the Privacy Policy.
• We may suspend or terminate your account for breach of these Terms, non-payment, or fraudulent or illegal activity.
• Except where immediate action is needed for security or legal reasons, we give notice and a chance to fix the problem first.
• Request your data before you delete the account — after the retention window it cannot be recovered.

Sections 6, 11, 13, 14, 15, 16, and 17 survive termination, as does anything else that by its nature should.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FITFLOWW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR SUITABLE FOR ANY PURPOSE.

Also, so it is stated in the agreement and not only in our security documentation:

• FitFloww is not SOC 2 or ISO 27001 audited.
• FitFloww is not HIPAA certified and does not sign Business Associate Agreements.
• Messages are not end-to-end encrypted. They are encrypted in transit and at rest, and are readable by our database administrators.
• Multi-factor authentication is not yet available.
• Single sign-on (SAML/OIDC) is not yet available.

To the maximum extent permitted by law, FitFloww is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost business, or lost or corrupted data, even if we were told such damages were possible.

Our total liability arising out of or relating to these Terms or the service is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) USD $100.

You agree to indemnify and hold FitFloww harmless from claims, damages, liabilities, and reasonable legal costs arising from:

• Content or client data you upload, including where you did not have the consent required to store it.
• Your use of the service, including advice or programming you give your clients.
• Your breach of these Terms or of any law.
• Your infringement of anyone else’s rights.

We will tell you promptly about any claim, let you control the defence of it, and cooperate reasonably. You may not settle a claim in a way that imposes an obligation on us without our consent. This section does not apply where you are a consumer and the law does not permit it.

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law rules.

Talk to us first

Email legal@fitflowwcrm.com describing the problem. Most disputes end here. Neither side may start formal proceedings until 30 days after that notice.

Arbitration

If we cannot resolve it, disputes are settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in San Francisco, California, before one arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

• Either of us may bring a qualifying claim in small claims court instead of arbitration.
• Claims are brought individually. Class, collective, and representative actions are waived to the extent the law permits. If that waiver is unenforceable for a particular claim, that claim proceeds in court and the rest stay in arbitration.
• If you are a consumer resident in the EEA or the United Kingdom, this arbitration agreement does not apply to you. You may bring proceedings in the courts of your country of residence, and mandatory consumer protections of your local law continue to apply regardless of the governing law above.

• We may update these Terms. The "Last updated" date at the top always reflects the current version.
• Material changes are notified by email or in-app notice at least 30 days before they take effect.
• Your continued use of FitFloww after changes take effect constitutes acceptance of the revised Terms.
• If you do not accept a change, cancel your account before the effective date. If a change materially harms you and you cancel because of it, we refund the unused portion of your current period.

Copyright complaints

To report material on FitFloww that infringes your copyright, email copyright@fitflowwcrm.com with: your contact details, identification of the work, the location of the material, a statement that you believe in good faith the use is unauthorised, a statement under penalty of perjury that your notice is accurate and you are authorised to act, and your signature. We remove infringing material and terminate repeat infringers.

General enquiries

Support: support@fitflowwcrm.com · Privacy: privacy@fitflowwcrm.com · Security: security@fitflowwcrm.com

• If any provision is held unenforceable, the rest stays in force.
• Our not enforcing a provision is not a waiver of it.
• You may not assign this agreement without our consent. We may assign it as part of a merger, acquisition, or sale of assets, on notice to you.
• These Terms, together with the documents referenced in §1, are the entire agreement between us about the service.
• Neither side is liable for failure to perform caused by events beyond its reasonable control.