Terms of Service

1. The Service

Flex provides software for fitness businesses to manage scheduling, payments, client and team management, workout tracking, and a hosted website. We may add, change, or remove features over time. Some features depend on third-party services (for example, payment processing) that have their own terms.

2. Accounts and eligibility

You must be at least 18 years old to create a business account. You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account. Notify us promptly at support@flexonline.net if you suspect unauthorized use.

3. Free trial, plans, and billing

• New subscriptions include a 30-day free trial. A valid payment method is required to start the trial.
• If you do not cancel before the trial ends, your subscription automatically begins on the plan you selected and your payment method is charged on a recurring basis (monthly or annually) until cancelled.
• You can upgrade, downgrade, or cancel at any time from your dashboard. Upgrades take effect immediately with a prorated charge; downgrades take effect at the end of the current billing period.
• Fees are stated exclusive of taxes, which you are responsible for where applicable. Plan prices may change with notice for future billing periods.

See our Cancellation & Refund Policy for how cancellations and refunds work.

4. Your content and data

You and your end users retain ownership of the content and data you submit (“Customer Data”). You grant Flex a limited license to host, process, and display Customer Data solely to provide and improve the Service. You are responsible for having the necessary rights and consents for the data you collect from your clients, including any health or fitness information, and for complying with applicable laws.

5. Acceptable use

You agree not to:

• use the Service to violate any law or third-party rights;
• upload malware, attempt to gain unauthorized access, or disrupt the Service or other tenants;
• send unlawful, deceptive, or unsolicited communications through the Service;
• reverse engineer, resell, or use the Service to build a competing product, except as permitted by law.

6. Third-party services

The Service integrates with third parties such as payment processors (Stripe, Square) and other providers. Your use of those services is subject to their terms, and Flex is not responsible for their acts or omissions.

7. Intellectual property

Flex and its licensors own the Service, including all software, design, and trademarks. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service.

8. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms, fail to pay, or use the Service in a way that risks harm to Flex or others. On termination, your right to use the Service ends. We handle your data after termination as described in our Privacy Policy and the Cancellation & Refund Policy.

9. Disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Flex disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Flex does not provide medical advice; fitness content is for general informational purposes only.

10. Limitation of liability

To the maximum extent permitted by law, Flex will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Flex’s total liability for any claim arising out of or relating to the Service will not exceed the amounts you paid to Flex in the 12 months before the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold Flex harmless from claims arising out of your Customer Data, your use of the Service, or your violation of these Terms or applicable law.

12. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-app). Your continued use of the Service after changes take effect constitutes acceptance.

13. Governing law

These Terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflict-of-laws rules.

14. Dispute resolution; arbitration; class-action waiver

Please read this section carefully. It affects your legal rights.

Most concerns can be resolved by contacting us first at support@flexonline.net. If we cannot resolve a dispute informally within 30 days, you and Flex agree that any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its applicable rules. Judgment on the award may be entered in any court having jurisdiction.

Class-action waiver. You and Flex agree to bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.

Jury-trial waiver. To the extent permitted by law, you and Flex waive any right to a trial by jury.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information.

30-day opt-out. You may opt out of this arbitration and class-action-waiver agreement within 30 days of first accepting these Terms by emailing support@flexonline.net with your account details and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Arbitration will take place in Virginia, or remotely where the parties agree.

15. Contact

The Service is operated by DF Consulting LLC, 6644 Sagefield Ave, Radford, VA 24141, USA. Questions? Email support@flexonline.net.